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

Vol. 158 , THURSDAY, APRIL 26, 2012 No. 61 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, lain, Joel Osteen, pastor of Lakewood called to order by the Honorable TOM PRESIDENT PRO TEMPORE, Church in Houston. He is a native UDALL, a Senator from the State of Washington, DC, April 26, 2012. Texan and attended Oral Roberts Uni- New Mexico. To the Senate: versity in Tulsa, OK. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby For 17 years, Pastor Osteen worked PRAYER appoint the Honorable TOM UDALL, a Senator behind the scenes for his father John, The PRESIDING OFFICER. Today’s from the State of New Mexico, to perform who founded Lakewood Church in 1959. opening prayer will be offered by Rev. the duties of the Chair. In 1999, after his father passed away, Joel Osteen, senior pastor of the Lake- DANIEL K. INOUYE, Pastor Osteen accepted God’s call to wood Church in Houston, TX. President pro tempore. service in the church and took over the The guest Chaplain offered the fol- Mr. UDALL of New Mexico thereupon reins as senior pastor, despite having lowing prayer: assumed the chair as Acting President only preached once in his life. Let us pray. pro tempore. It was soon clear that this new, Father we receive Your blessings The ACTING PRESIDENT pro tem- young preacher had a natural gift for today with grateful hearts, and thank pore. The majority leader. speaking and was able to personally You for the favor that You show us. Mr. REID. Mr. President, I suggest connect with diverse audiences with As we pray for those who lead our the absence of a quorum. the inspirational message of God’s Nation, we ask that You bless this The ACTING PRESIDENT pro tem- love. Since that time, he and his wife body and those who serve in it. We pore. The clerk will call the roll. and copastor Victoria have led Lake- thank You that these lawmakers serve The assistant legislative clerk pro- wood through extraordinary growth. with honor and integrity, and that You ceeded to call the roll. In 2005, the Osteens moved Lakewood will continue to bless our Nation Mrs. HUTCHISON. Mr. President, I Church from its original home in through them. Give them wisdom that ask unanimous consent that the order northeast Houston to the former home they will make good decisions, courage for the quorum call be rescinded. of the Houston Rockets basketball that they will hold fast to Your truth, The ACTING PRESIDENT pro tem- team. With this space, Pastor Osteen and compassion that all should prosper pore. Without objection, it is so or- now delivers a message of hope and en- from their laws. We receive Your pres- dered. couragement to 38,000 people a week, with millions more across the country ence here today, Father, and pray that f these lawmakers will remain mindful tuning in on their televisions. of You and that they will honor You in RESERVATION OF LEADER TIME Pastor Osteen has reached millions everything they do. The ACTING PRESIDENT pro tem- more as a best-selling author. His first In Jesus’ Name we pray. Amen. pore. Under the previous order, leader- book, ‘‘Your Best Life Now,’’ was re- ship time is reserved. leased in 2004 and remained on the New f York Times bestseller list for 2 years. f PLEDGE OF ALLEGIANCE His most recent book, ‘‘Every Day a VIOLENCE AGAINST WOMEN Friday,’’ offers commonsense advice on The Honorable TOM UDALL led the REAUTHORIZATION ACT OF 2011 how to be happy by applying the prin- Pledge of Allegiance, as follows: ciples of God’s word to your daily life. The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the Pastor Osteen has spoken throughout pore. Under the previous order, the United States of America, and to the Repub- the world, and that is what brings him Senate will resume consideration of S. lic for which it stands, one nation under God, to the Capitol today. indivisible, with liberty and justice for all. 1925, which the clerk will report. On Saturday the Osteens will lead The assistant legislative clerk read f thousands in what is billed as ‘‘a night as follows. of hope’’ at Nationals Park in Wash- APPOINTMENT OF ACTING A bill (S. 1925) to reauthorize the Violence ington. That message of hope and en- PRESIDENT PRO TEMPORE Against Women Act of 1994. couragement is what has attracted me The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- and my family to watch Pastor Osteen clerk will please read a communication pore. The Senator from Texas is recog- on Sunday morning. I have been to his to the Senate from the President pro nized. church. He welcomed me and my tempore (Mr. INOUYE). GUEST CHAPLAIN JOEL OSTEEN daughter, Bailey—whose 11th birthday The assistant legislative clerk read Mrs. HUTCHISON. It is my pleasure is today—at Lakewood Church 2 years the following letter: to be able to introduce our guest Chap- ago, and I got to see this awesome

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

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VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.000 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2746 CONGRESSIONAL RECORD — SENATE April 26, 2012 place that he fills every single Sun- HONORING OUR ARMED FORCES scholarship to attend the University of day—sometimes more than the Hous- CAPTAIN DANIEL H. UTLEY Louisville. ton Rockets ever did, I have to say. Mr. MCCONNELL. Mr. President, I Dr. Gregg said: I do want to say that the Chaplain of rise this morning to acknowledge the Dan was a workhorse of a McConnell the Senate, Dr. Barry Black, who loss of an American hero and patriot. Scholar. There are people who serve for title works with us every week in the Sen- It is my sad duty today to report to my and glory; Dan was a young man who served ate, with all of our staffs, was wonder- colleagues that Kentucky has lost one in order to serve. When he was an under- graduate, he would volunteer for any cause ful to help in assisting to bring Pastor of our finest heroes in uniform. This particular loss is very personal to me, that came along. He was always trying to Osteen to the podium to open our Sen- help out the underdog. His heart was always ate this morning. It is a wonderful Sen- as I knew this outstanding young man bigger than his ego; his compassion for oth- ate tradition that we start our day by very well. ers always outshone his ambition for self. thanking God for this wonderful world CPT Daniel H. Utley of the U.S. His life was no different in the U.S. Army— and also remembering the mantle of Army was killed in the North African what he loved most was serving others in leadership and responsibility that is on country of Mali just a few days ago, on need. our shoulders and trying to do the very April 20, 2012, while on a training mis- I got to know Dan very well during best we can with that message. sion to help the local citizens combat his time in college, and I came to ap- Again, I thank Pastor Osteen and his terrorism. Dan was 33 years old. preciate what a remarkable young man For his service to our country, Cap- wife Victoria, who are wonderful people he was. He was extremely smart. He tain Utley received many medals, whom I have gotten to know through was also one of the most popular stu- awards, and decorations, including the the years. They have inspired so many dents in the program. Bronze Star Medal, the Defense Meri- Dan spent one semester in college of us in our travails of life. torious Service Medal, the Army Com- I yield the floor. working in the Kentucky State Legis- mendation Medal, the Joint Service lature, helping to write bills and assist- RECOGNITION OF THE MAJORITY LEADER Achievement Medal, the Army ing State senators and representatives The ACTING PRESIDENT pro tem- Achievement Medal, the Joint Meri- with whatever they needed. Dan grad- pore. The majority leader is recog- torious Unit Award, the National De- uated from the University of Louisville nized. fense Service Medal, the Afghanistan in 2001 with a bachelor’s degree with SCHEDULE Campaign Medal with Combat Star, the honors in political science. After col- Mr. REID. Mr. President, the Senate Global War on Terrorism Expedi- lege, for a time, he enrolled in law is now considering S. 1925, with the tionary Medal, the Global War on Ter- school but soon decided, because of his time until 11:30 for debate only. The rorism Service Medal, the Korean De- desire to serve, that his path to fulfill- Republicans will control the first 45 fense Service Medal, the Army Service ment lay in military service. Ribbon, the Overseas Service Ribbon, minutes and the majority will control When I first met Dan, a military ca- and the NATO Medal. Captain Utley the second 45 minutes. reer was certainly not at all what I also received the Basic Parachutist At 11:30 today the Senate will pro- would have expected him to do. But it Badge and his Thailand Jump Wings. ceed to executive session to consider just goes to show the growth and matu- Charley Utley, Dan’s Father said: rity this young man achieved in such a the Costa and Guaderrama nomina- He was a great young man; he was a great tions, both nominated to be U.S. dis- very short time. son. He always put other people ahead of ‘‘He was in law school, but after 9/11, trict judges for Texas. At noon there himself. He did an outstanding job while he will be two votes on the confirmation was there. He loved being in the Army. He he wanted to do something,’’ says of these nominations. enjoyed what he was doing, and he really Charlie Utley. ‘‘He was miserable in Senator MCCONNELL and I are trying thought he was making a difference. law school because he wanted to do to work through a way to proceed on It goes without saying that every something for his country.’’ the Violence Against Women Reauthor- man and woman in our Armed Forces Dan’s friend and fellow McConnell ization Act. I hope to be able to have is an American of special fortitude and Scholar, Connie Wilkinson-Tobbe, some announcement around 2 o’clock. character. But I can personally testify agrees and this is what she said: Dan was ready to live life, and he was prob- RECOGNITION OF THE MINORITY LEADER to that truth on behalf of Dan Utley. At my alma mater, the University of ably smarter than everybody sitting in [law The ACTING PRESIDENT pro tem- school]. That was not stimulating enough for pore. The Republican leader is recog- Louisville, I was glad to have begun him, and he was ready to do great things. the McConnell Scholars Program, a nized. So in 2003, Dan joined the Army and rigorous and prestigious scholarship Mr. MCCONNELL. Mr. President, the went through OCS. In almost a decade program for the finest students in Ken- Senate is now debating the Violence of Army service, Captain Utley served tucky that prepares them for a lifetime Against Women Act. in many posts, all of them challenging of leadership and service. Dan was one We began debate on this legislation and proof of his skill and talent. He of the best McConnell Scholars to ever by consent, and we would like to com- was stationed or deployed in South grace the program. plete action on this legislation also by I could not agree more with my good Korea for 24 months, in Kuwait for 12 consent. We have been working to friend, Dr. Gary Gregg, the director of months, in Afghanistan for 13 months, enter into an efficient consent agree- the McConnell Scholars Program, who and his final deployment in Mali lasted ment with only a couple of relevant said of Dan’s loss: ‘‘America has lost a 7 months. He served in capacities such as tac- amendments and with very short time rising star.’’ agreements for processing them. Dan was born in Bowling Green, KY, tical communications platoon leader, This approach is in keeping with how on April 13, 1979. He was raised in Glas- operations officer while in Kuwait, Republicans have handled VAWA in the gow, KY, and he went to Glasgow High aide-de-camp for a general in the 160th past. This approach would also allow us School where he played soccer and was Signal Brigade, and brigade civil af- to complete the bill today. These rel- a member of the academic team. He fairs officer in the 101st Airborne. After evant amendments would give the Sen- was also a member of Glasgow’s First successfully completing a civil affairs ate the opportunity to strengthen the Christian Church. qualifications course, Dan was assigned law, especially in terms of the punish- Dan had a lot of hobbies, but most of to F Company, 91st Civil Affairs Bat- ment for those who commit violence them had one thing in common: They talion, (Airborne), as a team leader. against women. did not take place inside four walls or Let me quote again from Dr. Gregg. As my friend, the majority leader, under a roof. ‘‘He loved the outdoors,’’ I particularly remember when he called noted yesterday, a good way to lower remembers Dan’s father, Charlie. ‘‘He and told me he was being made an aide-de- the incidence of violent crime is to in- camp and was going to get a new shoulder loved camping, hiking, biking, jumping holster as part of his job protecting the gen- carcerate those who commit it. We out of airplanes, canoeing, kayaking— eral he served. It was a position of great could not agree more. We would like anything to do with the outdoors.’’ honor and he was humbled to have been cho- the chance to improve the law in that Dan graduated from high school in sen, but he wanted to talk most about his respect. 1997, and he was awarded a McConnell cool new side arm!

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.050 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2747 Earlier this year, the news magazine publican leader for his remarks about passed the Congressional Budget Act for the U.S. Agency for International Captain Utley. I have had the honor to and ensured that a budget cannot be Development—Frontlines—published talk with McConnell scholars on a filibustered in the Senate. It is guaran- an article about America’s efforts to number of occasions from Louisville. teed a right to have a vote. It is re- combat instability in Mali, one of the They are such a fine group of people, quired to be brought up in committee poorest countries in the world. The ar- and I know how deeply our leader feels by April 1 and moved forward by April ticle stated: this loss. I certainly will join him in 15. That is what the statute requires. ‘‘The presence of the terrorist group al- my expressions to the family. Unfortunately, it doesn’t require that Qaida in the Islamic Maghreb, which has its I recall General Myers, former Chair- Congress go to jail if it doesn’t pass a roots in the Algerian Civil War, now poses a man of the Joint Chiefs of Staff, when budget. Or perhaps, as Senator HELLER threat of violent extremism’’ in the country. someone suggested soldiers who were from Nevada has suggested, maybe That is why the U.S. Army, and spe- injured or lost their lives were victims, Congress ought not to be paid if they cifically Captain Utley, was in Mali in saying they are not victims, they are do not pass a budget. Maybe that re- the first place. As a team member of heroes. They committed themselves to form would be good for us. the Department of Defense’s Civil Mili- serving their country. They believe our The majority has refused to bring up tary Support Element, Captain Utley country is worthy of defense and they a budget. They have not even at- was quoted in this article on the val- are willing to put their lives on the tempted to pass a budget this year, and iant work he and his fellow soldiers line for it, and they are heroes. And they refused to do so the last 2 years were doing just a few months before his certainly this captain was. before this. The absence of a budget is tragic death. Mr. MCCONNELL. Mr. President, I not simply a case of inaction; the Sen- In September 2004, Dan married wish to thank my friend from Alabama ate majority has pursued a systemic, Katie, also an Army officer. They had for his kind remarks about this brave deliberate, and determined policy—I their wedding in Hawaii. Katie was young man. believe a politically driven policy—to commissioned through the ROTC Pro- Mr. SESSIONS. I thank the leader. keep a budget off the floor. Why? To gram at the University of Georgia, and THE BUDGET attempt to shield its conference from is now a captain in the Army with the Mr. SESSIONS. Mr. President, this public accountability during this pe- 82nd Airborne, based out of Fort Bragg, Sunday, April 29, in a few days, will riod of financial danger. NC. mark the third anniversary of the last The worst possible time not to have a We are thinking of CPT Dan Utley’s time the Democratic-led Senate has budget, not to have a plan, not to stand loved ones today, especially his wife, passed a budget. Since that date, our up and tell the American people what CPT Katie M. Utley; his father, Charles Nation has spent $10.4 trillion while our financial vision for the country is, L. Utley; his mother, Linda H. Utley; adding $4.5 trillion to the national would be in a time of deep financial his brother and sister-in-law, Charles debt. And that is how it is that we say crisis, when we are on an unsustainable L. Utley, II, and Maria; his brother and nearly 40 cents of every dollar we are path. Yet they are not even willing to sister-in-law, Matthew R. Utley and spending now is borrowed. present a financial plan for the future Michelle; his nephews, Matthew Ryan We have accumulated $10.4 trillion in of America. And when criticized about Utley and Mason Robert Utley; his spending over these years since we it, the White House says one thing, niece, Marleigh Rose Utley; his mater- have had a budget and we have added nal grandmother, Pauline Haynes; his Speaker PELOSI another, the Demo- $4.5 trillion to the debt. We are in our parents-in-law, Chris and Peggy Mi- cratic leader here has another expla- fourth consecutive year of trillion-dol- chael; his brother-in-law, Matthew Mi- nation, but none of reasons are coher- lar-plus deficits and heading into the chael; and many other beloved family ent or make real sense. fifth year. Prior to these 4 years, the Why? I guess there is no explanation. members and friends. I also know for a fact many faculty largest deficit we ever had was about There can be no justifiable reason why members of the University of Louis- $480 billion. We have more than dou- this responsibility is not fulfilled. They ville, staff members for the McConnell bled that every year since. say, maybe one day. Maybe it wouldn’t Center, and current and former McCon- It is a systemic problem—and not a pass ultimately. Maybe we wouldn’t nell scholars will dearly miss Dan. I little problem. The economy coming agree. But the Republican House felt certainly will. back would help, no doubt, but it will its responsibility to comply with the I had the honor of watching Dan grow not put us on a sound path. We have to law, and it has for the last 2 years. from a teenager to a brave and vir- make some choices. Every person in They laid out a long-term plan for tuous man who willingly sacrificed ev- America now owes, as their share of America that changes our debt course erything to defend his friends and his the national debt, $45,000—every Amer- and puts us on a financial path to sta- family and his country. Elaine and I ican. Every man, woman, and child is bility. That is our responsibility. Oh, extend our deepest sympathies to all carrying that amount as their burden yes, the Senate called it up here. For who knew and loved him, and I would as a result of the overspending of this what reason? So they could attack it ask my Senate colleagues to join me in Congress. and bring it down, but not to lay out expressing our respect and gratitude to For perspective—and we need per- any plan of their own. this fine young man, CPT Daniel H. spective because the numbers are often When Senator MCCONNELL called up Utley. Let our work here today serve hard to grasp—that per-person number President Obama’s budget last year, he to ensure our country never forgets the is larger than any of the rest of the said, let’s see if you want to vote for duty he fulfilled by putting on the uni- world, including Greece. Our per-person that. You voted down the House budget form—or the great sacrifice he made in debt is greater than the per-person and attacked PAUL RYAN and his col- a country many of us could not even debt of Greece. Yet at this time of fi- leagues for the historic work they put find on a map in order to protect our nancial crisis, the majority in the Sen- into drafting their budget. Let’s see freedoms here at home. ate refuses to perform its legally re- what you think about your President’s Mr. President, I yield the floor. quired duty and moral responsibility to budget. It went down 95 to 0. Not a sin- The ACTING PRESIDENT pro tem- produce a budget plan, which is part of gle Member voted for it. pore. Under the previous order, the the United States Code dating back to So while government workers have time until 11:30 a.m. will be for debate 1974 under the Congressional Budget been throwing lavish parties in Las only and will be equally divided be- Act. And a budget requires, as under Vegas, President Obama has not been tween the two leaders or their des- that Act, only 51 votes to pass. It can- roused to impose managerial discipline ignees, with the Republicans control- not be filibustered. It is given a pri- on this government. He has yet to call ling the first 45 minutes and the major- ority. on his party, which is running the Sen- ity controlling the second 45 minutes. In 1974, Congress was obviously dis- ate, to produce a financial plan. His The Senator from Alabama is recog- appointed that we were not moving for- own budget this year was brought up in nized. ward effectively with budgets, and a the House and didn’t receive a single Mr. SESSIONS. Mr. President, I want budget is crucial to the financial sta- vote. Yet both he and the Senate to express my appreciation to the Re- bility of a nation. That is why they Democrats continue to call for higher

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.053 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2748 CONGRESSIONAL RECORD — SENATE April 26, 2012 taxes. They say we must have higher There have been a lot of secret meet- in the Senate, we will pass a budget. It taxes. How can they ask Americans to ings and discussions about what might will be an absolute duty, as far as I can send more money to Washington when be involved in an agreement that could see, for us to do so. It will be an honest the Senate’s majority won’t even write or could not occur. There has been a budget. It won’t be easy, and the Amer- a budget; won’t even tell them where lot of talk about that. But what has ican people may be surprised at what they are going to spend the money? been carefully avoided is actually let- would be required to change the debt They just say, send us more. We need ting the American people see the num- and deficit course we are on. But our more. We are not going to cut spend- bers so they can be totaled and we can budget would put us on a path to a fi- ing. Oh, we can’t cut spending—that precisely measure the impact. nancially prosperous America, get us would be terrible—but you need to send Last year our colleagues indicated off the road to debt and decline, and us more money, and maybe one day we that we would have a Budget Com- put us on a path to growth and pros- will pass a budget; maybe not. mittee markup on a budget, that they perity. That is what we have to have. The American people shouldn’t send had a plan, and it was going to be Mon- Until the world’s financial commu- one more dime in new taxes to this day, and then it was going to be Tues- nity and the American people under- dysfunctional government. They day. Then the Democratic conference stand that we are on a good path and should say to Washington, you lay out met, and they laid out some broad out- not a bad path, we are not going to see a plan that puts us on a sound financial line for it. Then apparently they told the economic growth we should be see- path, you bring wasteful spending to a Senator CONRAD not to have a budget ing. And it is through growth and pros- conclusion, you quit spending money markup. So we didn’t even have any- perity and more jobs that we will pay on Solyndras and hot tubs in Las thing brought up in the Budget Com- more taxes. It will be those actions Vegas, then you talk to me about send- mittee last year as required by the law. that will put America on the way to ing more money. That is what the But you could take a look at that meet the great challenge of our time. American people need to say. That is budget. It would have increased spend- I yield the floor. what they are saying. That is what ing, not reduced spending. It would The ACTING PRESIDENT pro tem- they said in 2010, I thought pretty have increased taxes significantly but pore. The Senator from Wisconsin is clearly, but the message has not been would have managed to cut the Defense recognized. received. Department $900 billion. That is what Mr. JOHNSON of Wisconsin. Mr. National Review’s Rich Lowry re- the outlines of it appear to be. That is President, I ask unanimous consent to cently wrote an article in which he re- a pretty tough budget to go to the speak not to exceed 15 minutes. fers to Senator CONRAD, our fine Demo- American people with—increase spend- The ACTING PRESIDENT pro tem- cratic chairman of the Budget Com- ing, increase taxes, and savage the De- pore. Without objection, it is so or- mittee. This is what he wrote: fense Department. Well, I don’t think dered. Senator Conrad said it was too hard to pass that was very popular. Maybe politi- Mr. JOHNSON of Wisconsin. Mr. a budget in an election year. cally it was foolish, as Senator REID President, I come to the floor today to So that was one of the arguments—well, we had said, to bring up such a budget to mark an amazing anniversary. And by don’t need to bring up a budget because it is amazing, I don’t mean good. I mean un- an election year and we don’t want to be the American people. Maybe they having a vote before we have to be voted on ought to look at the Ryan budget in believable. I mean sad. On Sunday we by the American people. They might not like the House. It is much more responsible. will mark the anniversary—April 29—of the way we voted. They might vote us out of It reduces spending, even simplifies the date where it has been 3 years since office. They might be disappointed in us if and lowers taxes, creating a growth en- the Senate has passed a budget. I know they see us actually take tough votes on vironment, and it puts us on a finan- a lot of Americans have heard that what we are going to have to do about the fu- cial path for the next 30 years that date, they have heard the talking point ture of the Republic. anybody who looks at America would that it has been 1,000-and-umpteen Mr. Lowry goes on: say: Wow. They have changed. They days since we passed a budget. But it is But Senate Democrats hadn’t passed one in have a plan that will get them out of not a talking point. It is simply unbe- 2011 or 2010, either. This year is a presi- this fix they are in. They have gotten lievable. It is jaw-dropping. The U.S. dential election, 2011 was an off-year, and Government is the largest financial en- 2010 was a midterm election. That covers off the path to the waterfall, and they every kind of year there is in Washington. are on a sound course now. tity in the world, and it has been oper- By this standard, the Senate will have an an- So I would encourage my colleagues ating now for 3 years without a budget. nual excuse not to pass a budget resolution who think there is a legitimate reason It is a $3.8 trillion-a-year entity. for the rest of time. not to lay out a plan, not to fight for I come from the private sector. I am I think there is a lot of truth to that. the future of America, a reason not to an accountant. When I tell the voters, So they can’t pass a budget this year advocate for the kinds of changes we the citizens of Wisconsin, that the Fed- because it is an election year. Well, all know have to occur—if you think eral Government hasn’t passed a budg- last year wasn’t. those are not important, then I invite et, they really are amazed. That is why So this Sunday, April 29, we will have you to come to the floor and dispute I call it an amazing anniversary date. gone 3 full years since the last time the what I have said and explain why we The Senate has not fulfilled a basic Senate Democrats have brought a don’t need to move forward as the law responsibility. It is required by law to budget to the floor of the Senate—3 requires us to do. pass a budget by April 15 of every year. years. They won’t produce a plan be- I don’t know how things will happen, It is a reasonable requirement. It is a cause they are unable to produce a but as ranking member of the Budget reasonable responsibility. The House plan. And it is hard, I have to admit. Committee and seeing the numbers, I Republicans have fulfilled their respon- The House has done it, but the Senate know reality is not going to be easily sibility and have put forward a plan. seems to be unable to do it. They are confronted. It is not going to be easy. They have shown the American people unable to unite behind a financial vi- We are going to have to look at the al- what they would do to solve our loom- sion for this country that they are most 60 percent of the budget now that ing debt and deficit problem. The Sen- willing to go to the American people is entitlements and interest on the ate hasn’t. and advocate for and publicly defend. debt. I believe interest on the debt last Why hasn’t the majority in the Sen- Now, that is my view of it. Maybe it is year was calculated by the Congres- ate passed a budget? They have all the unfair, but I don’t think so. So they sional Budget Office to go from $240 bil- votes. They have them in the Budget can’t put on paper how much they want lion to over $900 billion under the Committee to refer a budget to the the government to grow, how much President’s budget. These are annual floor. They have the votes and they they want to raise taxes, and how interest payments on the trillions of have the number of Members on the much deficit each year they are willing dollars we now owe in debt—that is floor of the Senate to pass a budget. to accept and whether that deficit is unsustainable. Why do they refuse? Is it because they going to be brought under control per- I know it is not going to be easy. I have no solutions to our problem or is manently or whether it will continue would just say that if we on the Repub- it that they have a solution, and they at the unsustainable rate it is. lican side are honored with a majority simply don’t want the American people

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.054 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2749 to know what it is? ‘‘Trust us. We will years to incur $2.3 trillion. We will the looming bankruptcy of our Social take care of us.’’ Is it also because they have blown through that $2.1 trillion Security Program, the program mil- don’t want their fingerprints on that debt ceiling increase in less than 2 lions of seniors rely on, that Americans solution? They don’t want to be held years. plan their retirement around. We hear accountable? I think more likely that Just in case anybody is still con- all too frequently that Social Security is the reason we haven’t passed a budg- fused, we have a spending problem in is solvent to the year 2035. No, it is not. et here the Senate for 3 years now. this Nation. It is not that we take too It is solvent because of an accounting I guess they could claim President little from the American people, it is fiction called the trust fund, which is Obama’s budget is their plan. But the because we spend too much. simply government bonds held by the problem with that is President I know the American people are fre- Government. The analogy I use, it is Obama’s last two budgets have been so quently subjected to phrases such as akin to you had $20 and you spend the unserious—last year his budget lost in ‘‘Draconian cuts.’’ I think this proves $20 and you write yourself a note and this body of the Senate by a vote of 0 we are not cutting anything. In 2002 put it in your pocket and say I have to 97. Not one member of the Presi- the Federal Government spent $2 tril- $20. No, you do not, nor does the Fed- dent’s own party gave it a vote. As a lion. Last year, or the current fiscal eral Government. It has bonds which, matter of fact, not one member of the year, it is projected that we will spend by the way, it can print any day of the President’s own party was willing to $3.8 trillion. We have virtually doubled week, but it has to sell those bonds. bring that budget to the floor for a spending in just 10 years. And the argu- Social Security went cash negative, vote. Republicans had to do that. ment moving forward is, according to which means it paid out more in cash Now this year’s budget—3 weeks ago, President Obama, he would like to benefits than it took in, in cash re- in the House of Representatives again, spend $5.8 trillion in the year 2022. The ceipts by 2010—by about $51 billion. the President’s budget was brought for- House budget would spend $4.9 trillion. Last year, it was $46 billion in deficit. ward to the House—by a Republican, Another way of looking at that is 10- Through the year 2035, all this red ink not a Democrat. It lost 0 to 414. Again, year spending. In the 10-year period represents $6 trillion in additional def- I ask the American people to think from 1992 to 2001, the Federal Govern- icit spending in the Social Security about that. Think about what a stun- ment spent a total of $16 trillion. From fund. It is insolvent. It is bankrupt. It ning repudiation that is of leadership. 2002 to 2011, the Federal Government needs to be addressed. This President refuses to address it. What it really represents is a total ab- spent $28 trillion. Again, the argument When we project out and we see an- moving forward is that President dication of leadership. other $10 trillion to $11 trillion in in- The American people deserve better. Obama’s budget in 10 years would creased spending and debt according to They deserve far better. They deserve spend $47 trillion. The House budget President Obama’s budget, I am con- to have a plan. They deserve to have a proposes spending $40 trillion. You cerned we are not even fully realizing choice. don’t have to be a math major or an the other risks involved. The President now has put forward engineer to do that math. Both $40 tril- Before I get to this chart, let me four budgets. He has yet to propose any lion and $47 trillion are greater than mention the first one. If we fail to solution to save Social Security or to $28 trillion. We are not cutting spend- meet the growth targets President save Medicare. Again, the House has ing, we are just trying to reduce the Obama is projecting in his budget by provided that plan. They have passed a rate of growth. That is an incredibly just 1 percent, we add $3.1 trillion to budget. They have been responsible. important distinction. Don’t be misled. that 10-year deficit figure. That is a 30- Republicans have been willing to be We are trying to get our debt and def- percent increase. I know when they held accountable. That is our job. icit under control. passed the health care law the Amer- It is well past time for the Senate to A couple months ago, President ican people were told—they were hood- fulfill its responsibility to bring a Obama said he had the solution. His winked into believing it would actually budget to the floor—not just vote on Buffett rule was going to stabilize the reduce our deficit. It will not. The way one but to work on it and pass one so debt and deficit. Here is a little his- they were going to pay for 6 years’ that we can go to conference and we tory. I hope the American people look worth of spending is with 10 years’ can reconcile that with the House at this. worth of receipts and reductions in budget so the United States finally, President Bush, in his first 4 years in Medicare. The receipts come in taxes, after 3 years, will start operating under office, ran a total deficit of $0.8 tril- fees and penalties on, by the way, drug a budget in the next fiscal year. lion—$800 billion. Now, back in Osh- manufacturers, medical device manu- I know the Budget Control Act sets kosh, WI, I wasn’t happy with that re- facturers, health care plans. I don’t spending caps. I get that. I get that. sult. I didn’t like seeing that deficit know what economics course members Washington is going to make sure it spending. His second 4 years didn’t im- of this administration took, but we do can continue to spend money. But prove. He had a total deficit of $1.2 tril- not bend down the cost curve by in- spending money is only half the equa- lion between the years of 2005 and 2008. creasing the costs to providers. That is tion. What is this body going to do in Again, I don’t think there are very what they were doing for about $590 terms of showing the American people many fiscal conservatives who were billion of that revenue stream to pay what our plan is to live within our happy with that result. for ObamaCare. means, to get our debt and deficit Now President Obama has increased The other $665 billion was going to under control? The American people that dramatically. During the 4 years come out of cuts to Medicare, Medicare are waiting. of his administration, the total deficit Advantage, and Medicaid. The result of this embarrassing abdi- will be $5.3 trillion. That is on total We have not imposed the provider re- cation of responsibility and leadership spending of about $14.4 trillion. We are ductions under the SGR fix, the doc can be clearly described by a few borrowing 37 cents of every $1 we spend fix—about $208 billion. What makes charts. Let me start going through a and our debt now exceeds the size of anybody believe we will actually im- couple. our economy. Again, President pose the $665 billion in savings in Medi- I think most people have seen all Obama’s solution? I realize this is hard care? If we move the 10-year window kinds of different debt charts. I like to see, but he has proposed the Buffett forward to when ObamaCare kicks in, this one because it starts in 1987, when tax. If we were to actually enact that when the full spending occurs starting our total Federal debt was $2.3 trillion. tax over 4 years, it would raise some about 2016, the total cost of the health If we were to pass President Obama’s $20 billion. I know you cannot see it, care law will not be $1.1 trillion, it will budget and live by it, in 10 years our but there is a line there. It does not be $2.4 trillion, and that is a conserv- total Federal debt would be $25.9 tril- even fill in the marker lines here. It is ative estimate, not even taking into lion. $20 billion to solve a $5,300 billion prob- account millions of employees who will In the Budget Control Act, this lem. I am sorry, that is not a serious lose their employer-sponsored care and body—Congress—gave President Obama proposal. It is just class warfare. get put into the exchanges at highly the authority to increase our debt Let me show one of the problems subsidized rates. But using a conserv- limit by $2.1 trillion. It took us 200 President Obama refuses to address: ative cost figure of $2.4 trillion and

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.002 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2750 CONGRESSIONAL RECORD — SENATE April 26, 2012 growth in taxes, fees, and penalties by on to grow our economy and create which this legislation is intended to a reasonable amount, $816 billion, that jobs. address. I believe it does address it, and leaves a $1.6 trillion what I am calling As to the vision for America, we are that is why I support it. But our moti- deficit risk. How is that going to be going to have a very clear choice on vation to act on their behalf resides in filled? Are we going to borrow it or are the vision for America, between what our respect for the rights all human we going to take it out of Medicare? this administration wants to do with a beings possess, male and female, all Somehow I do not think we will be tak- government-centered society and what races, creeds, and ages: to be secure in ing it out of Medicare. Somehow I Republicans want to do in terms of an their persons and property; to be pro- think we will have to borrow it, if we opportunity society led by free people, tected by their government from vio- can. free enterprise, led by freedom. That is lent harm at the hands of another; to That brings me to our last chart, in- our choice. But until the majority live without threat or fear in the exer- terest rate risk. I was never concerned, party in the Senate lays out their plan, cise of their God-given rights. not even for a moment last year during the American people will not have a Similarly, whatever our political dif- the debt ceiling debate, that the Fed- plan. They will not understand what ferences in this body, I trust we all be- eral Government was going to default the plan is for the other side. lieve we are doing what we think best on any of its obligations. We were Again, let me close by saying it is serves the interests and values of the going to pay Social Security recipi- well past time for the Senate to fulfill American people—all the American ents. We were going to pay our sol- its responsibility and pass a budget. people. I don’t think either party is en- diers. We were going to meet every ob- I yield the floor. I suggest the ab- titled to speak or act exclusively for ligation of the Federal Government. sence of a quorum. one demographic of our population, one The day I fear is the true day of reck- The ACTING PRESIDENT pro tem- class, one race or one gender. The secu- oning, the day when creditors around pore. The clerk will call the roll. rity and prosperity of all Americans is the world take a look at the United The legislative clerk proceeded to a shared responsibility and each of us discharges it to the best of our ability. States and say: You know what, I am call the roll. We do not have male and female polit- not going to loan you any more money Mr. MCCAIN. Mr. President, I ask ical parties and we do not need to ac- or what is more likely to occur is they unanimous consent the order for the cuse each other of caring less for the will say: I will loan you some money quorum call be rescinded. concerns of one-half the population but not at these rates. The ACTING PRESIDENT pro tem- If we take a look at the history of pore. Without objection, it is so or- than we do for the other half. The the borrowing costs of the United dered. truth is, both parties have presided over achievements and increases in op- States, from 1970 to the year 2000, our Mr. MCCAIN. How much time do I portunity for women. Both parties average borrowing cost for the Federal have remaining? have nominated women to the Supreme Government was 5.3 percent. Over the The ACTING PRESIDENT pro tem- Court. Both parties have had excellent last 3 years, from 2010 to 2012, our aver- pore. Close to 14 minutes, approxi- female Secretaries of State. Both par- age borrowing costs were about 1.5 per- mately 14 minutes. ties have had female Presidential and cent. That is a difference of 3.8 percent Mr. MCCAIN. Mr. President, I rise to Vice Presidential candidates. Both par- between these two figures. If we just discuss the Violence Against Women ties have reauthorized the Violence revert to that average—and by the Act and the policies that impact the Against Women Act. Both parties have way, back then the United States was a lives of women. Since its original en- made progress toward ensuring Ameri- far more creditworthy borrower—our actment in 1994, the Violence Against Women Act has been reauthorized cans, male and female, have an equal debt-to-GDP ratio ranged somewhere opportunity to succeed as far as their between 45 percent and 67 percent. Cur- twice by unanimous consent, under both Democratic and Republican lead- talents and industry can take them. rently, our debt-to-GDP ratio exceeds That progress has come in the form ership. The legislation originated out 100 percent. If we revert to that aver- of many policies, from changes to our of a necessity for us to respond to the age borrowing cost, that would cost the Tax Code to changes in education pol- prevalence of , sexual Federal Government $600 billion in icy, to improvements in workplace en- violence, and the impact those crimes added interest expense per year. That vironment as well as from changes in have on the lives of women. is 60 percent of the discretionary cultural attitudes in both the public By and large, the legislation has spending level of $1.47 trillion this and the private sector. Do we always worked, even though there are out- year. agree? Do we always get it right? No, standing issues, such as spending inef- The ACTING PRESIDENT pro tem- we do not. But I do think there is much ficiencies and needed improvements to pore. The Senator has consumed 15 for all of us to be proud. minutes. oversight. As with most large pieces of Regrettably—and there is always Mr. JOHNSON. I ask unanimous con- legislation, including the Violence something to regret in politics—we sent for 2 more minutes. Against Women Act Reauthorization, have seen too many attempts to re- The ACTING PRESIDENT pro tem- there are debates and philosophical dif- solve inequities in our society and en- pore. Without objection, it is so or- ferences about elements of various pro- sure all Americans are afforded the dered. visions in the bill. While the Senate same respect for their rights and aspi- Mr. JOHNSON. This is the problem. should be allowed to debate and ideally rations misappropriated for the pur- This is a huge problem. It is one that is resolve these differences, I don’t think pose of partisan advantage, which has being ignored because we simply refuse any of the points of controversy we the perverse effect, of course, of divid- to address it. This body refuses to pass will discuss are important enough to ing the country in the name of greater a budget to lay out a plan to fix it; to prevent passage of the legislation. The fairness and unity. stabilize one of our primary metrics, a Violence Against Women Act rep- My friends, this supposed war on key one—that debt-to-GDP ratio, sta- resents a national commitment to re- women or the use of similarly out- bilize that and start bringing it down. versing the legacy of laws and social landish rhetoric by partisan operatives The other is the percentage of govern- norms that once served to shamefully has two purposes, and both are purely ment in relation to the size of our excuse violence toward women, a com- political in their purpose and effect. economy. One hundred years ago that mitment that should be maintained. The first is to distract citizens from was 2 percent. Last year, it was about Whatever differences we might have real issues that matter, and the second 24 percent, which means 24 cents of over particular provisions in the bill, is to give talking heads something to every $1 filters through some form of surely we are united in our concern for sputter about when they appear on government. I do not find the Federal the victims of violence and our deter- cable television. Neither purpose does Government particularly effective or mination to do all we can to prevent anything to advance the well-being of efficient. That is what the private sec- violence against the innocent, regard- any American. tor does. It is the private sector that less of gender. I recognize women suffer I have been fortunate to be influ- creates long-term self-sustaining jobs. disproportionately from particular enced throughout my life by the exam- It is the private sector we need to rely forms of violence and other abuse, ple of strong, independent, aspiring,

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.003 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2751 and caring women. As a son, brother, indefinitely and resorting to provoking system, they were battered again be- husband, father, and grandfather, I greater divisions among us at a time cause they were ignored and had no one think I can claim some familiarity when we most need unity might not be to stick up for them and were always with the contributions women make to a war against this or that group of told: Oh, it is your fault. What are you the health and progress of our society. Americans, but it is surely a surrender, doing? JOE BIDEN changed the law, and I can certainly speak to their bene- a surrender of our responsibilities to we worked on a bipartisan basis. ficial impact on my life and character. the country and a surrender of de- Ever since 1994 we have continually But I would never claim to speak for cency. reauthorized this legislation, looking all the women in my family, much less Within the tired suggestions that at new needs and new technology and all the women in our country any more women are singularly focused on one or new creative ways of responding to than I would venture the same pre- two issues are the echoes of stale argu- these needs for prevention, interven- sumption for all men. ments from the past. Women are as tion, and even prosecution. What we To suggest that one group of us or variable in their opinions and concerns want to do today is pass this legisla- one party speaks for all women or that as men. Those false assertions are root- tion that has been refreshed, reformed, one group has an agenda to harm ed in the past stereotypes that pre- and also brings some new approaches. women and another to help them is ri- vented women from becoming whatever The chairman of the committee has diculous, if for no other reason than it they wanted to become, slowed our done an outstanding job and is to be assumes a unity of interest, beliefs, progress, and hurt our country in many commended. The Violence Against concerns, experiences, and ambition ways. The argument is as wrong now as Women Act authorizes two Federal among all women that doesn’t exist it was then and we ought not to repeat programs for domestic and sexual vio- among men or among any race or class. it. lence in our communities, the Depart- It would be absurd for me to speak for We have only these in common: our ment of Justice and the Department of all veterans and wrong of me to sug- equal right to the pursuit of happiness Human Resources. The STOP grant is gest that if a colleague who is not a and our shared responsibility to mak- the largest national grant program in veteran disagrees with my opinion on ing America an even greater place than the Justice Department. Roughly half some issue, he or she must be against we found it. Women and men are no dif- of all violence-against-women funds all our veterans. ferent in their rights and responsibil- goes to these STOP grants, and they go In America, all we can fairly claim to ities. I believe this legislation recog- to every community. have in common with each other at all nizes that. I don’t believe the ludicrous What is it they do? They coordinate times—no matter what gender we are partisan posturing that has conjured community approaches to end violence or what demographic we fit—are our up this imaginary war. and sexual assault. They fund victim rights. As a son, brother, husband, fa- I yield the floor. services such as shelters and the toll- ther, and grandfather, I have the same The ACTING PRESIDENT pro tem- free crisis hotline and fund legal assist- dreams and concerns for all the people pore. The Senator from Minnesota is ance to victims to get court orders to in my life. As a public servant, I have recognized. be able to protect themselves from the the same respect for their rights and Ms. KLOBUCHAR. Mr. President, a abuser or from the stalker. They also the same responsibility to protect group of women Senators is here to have training for police officers, pros- them, and I try to do so to the best of talk about the Violence Against ecutors, and judges so they know how my ability. Women bill, and as my colleague from to do a good job. It also helps with Thankfully, I believe women and men Arizona was referencing, this is a bill grants for victims of child abuse, some- in our country are smart enough to where there has been unity for well thing I am very familiar with, having recognize when a politician or political over a decade. We have a number of Re- been a child abuse social worker, and party resorts to dividing us in the publican sponsors. We are up to 61 also important services in terms of name of bringing us together, it usu- sponsors, men and women, who have rape prevention programs. This is a ally means they are either out of ideas come together to say that violence great bill and it meets a compelling or short on resolve to address the chal- against women is not okay. human need. lenges of our time. At this time in our The first speaker is the Senator from Nation’s history we face an abundance Maryland, Senator MIKULSKI. Since the original Biden legislation, of hard choices. Divisive slogans and The ACTING PRESIDENT pro tem- over 1 million women who have called the declaring of phony wars are in- pore. The Senator from Maryland. that hotline were desperate, who were tended to avoid those hard choices and Ms. MIKULSKI. Mr. President, I fearful for their lives. And when they to escape paying a political price for thank the gentlelady from Minnesota called that number, they didn’t get a doing so. for her well-known advocacy on this busy signal, nobody hung up on them; For 38 straight months our unem- issue. Her advocacy was well known in they got help, and I know that it saved ployment rate has been over 8 percent. Minnesota. Her work as a prosecutor lives. One in four women will be a vic- Millions of Americans—men and brought her in contact with many of tim of domestic violence during her women—cannot find a job. Many have these women and making sure they got lifetime. Sixteen million children are quit looking. Americans don’t need an- a fair shake in the system was well exposed to domestic violence, and also other hollow slogan or another call to known and well appreciated. one in six women has experienced at- division and partisanship. They need I am here to be a strong supporter for tempted or completed rape, and now real solutions to their problems. They the Violence Against Women Act, and I even men are the subject of rape. are desperate for them. hope this bill passes and that this bill Twenty-five percent of rape crisis Americans of both genders are con- passes today. It is because Senator centers have waiting lists for advocacy cerned about finding and keeping a LEAHY has worked on a bipartisan basis groups. I want to talk about that in good job. Americans of both genders in his committee that we were able to more detail. There are 2 million vic- are concerned about the direction of bring out this bill. tims of physical and sexual violence our economy. Women and men are con- This bill was first passed in 1994 each year; 20,000 in Maryland. On aver- cerned about mounting debt—their own under the leadership of our Vice Presi- age, 1,000 female victims are killed by and ’s. Women and men are dent, then-Senator JOE BIDEN, who is their abusers and one-third of all fe- hurt by high gas prices, by the housing well known for his strong, muscular, male homicides are domestic violence. crisis, shrinking wages, and the cost of robust approach to law enforcement. These are numbers and statistics, but health care. Women and men are con- What he saw was that so many of the they also represent real people. cerned about their children’s security, victims of crime were women and that We help over 70,000 victims every day their education, their prospects for in- they were victims both in streets and through hotlines and services and shel- heriting an America that offers every neighborhoods. They were also terrible ters, but regrettably there is a waiting mother and father’s child a decent victims in their own home where they list. So we need to pass this legislation chance at reaching their full potential. were battered and abused. They found because it gives us the authorization to Leaving these problems unaddressed that when they came to the judicial be able to help those in need. It meets

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.005 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2752 CONGRESSIONAL RECORD — SENATE April 26, 2012 these compelling human needs to pro- cause of a woman named Debbie Smith I am proud to stand here today to tect people, and in my own State it has who was subjected to the most violent, call for the passage of the Violence had enormous, positive consequences. repugnant, despicable acts of violence Against Women Act. This is not a new There is something that was devel- against her. Working together, what bill, as has been painstakingly de- oped through the Department of Jus- we have done is actually put money in scribed to all of my colleagues. I can tice called the lethal index. It means the Federal checkbook to reduce the remember so well when then-Senator when a police officer goes into a home, backlog of DNA evidence. We have en- JOE BIDEN wrote the Violence Against he or she has to assess how dangerous sured that a high percentage of funds Women Act, and he came to me when I it is. Should they yank the kids out? also go to labs to be able to deal with was in the House and asked me to Should they take the abuser and put samples from crime scenes, databases, carry it in the House. I was as honored them in jail or do they call in a social and other areas. as I am right now. worker to try and intervene? Should Assuming we will debate this rape Yes, it took us a while to pass it, but they give the family more time, give kit issue at a later time, I wish to ever since it has been noncontroversial. them family counseling so they can get thank Senator LEAHY for his advocacy For some reason our Republican people off the ledge and out of a violent and Senator CORNYN for his sensitivity friends, although we have 61 people as situation so they are able to work on in wanting to solve the problem. I be- cosponsors, are slowing it down, and it the long path toward family stability? lieve if we can take a minute and keep seems to me very clear if they didn’t Well, my local law enforcement po- in our minds as our legislative goal to have objections we could pass this by lice officers tell me this lethal check- work together—not who gets credit but voice vote. list has been a tremendous tool to who gets help—it is not about who gets Three women are killed by their abu- being able to assess the level of vio- credit, it is about who gets help. We sive partners every single day. I will lence when they are in that home and want to be able to help those rape vic- repeat that: Three women today will be to know when people are in danger and tims have the solace and the consola- killed by their abusive husbands. For they have to get them out right that tion that their government is on their every woman who is killed, there are minute. Again, they also know when side, using the best of scientific evi- nine more who are beaten or injured there is the opportunity for other dence to make sure we have the right every single day. In the name of those interventions to be able to help the person to ensure the right prosecution people—in the name of the three family. This helps families, it helps po- to get the right conviction. women who will be killed today—we lice officers, and it helps our commu- Right now, there is a backlog. When should pass this unanimously. nity. We need to empower victims to be Justice gives out their money for Has the Violence Against Women Act able to help themselves by providing forensics, it doesn’t always go toward worked? Yes. Incidents of domestic vio- help in these abusive relationships. these issues. We can direct it. We can lence have decreased by 53 percent Studies show that victims who use do a good job. Let’s come together. since we passed this law. Why on community-based domestic violence Let’s iron out our parliamentary dif- Earth, when three women are killed services—when they are available—are ferences so we can pass this very im- every day and nine women are injured, almost never victims of murder or at- portant Violence Against Women Act. sometimes to the point of almost los- tempted murder. That is a powerful I can take what I have done to put ing their lives—why on Earth, when a line that if we had this intervention money in the Federal checkbook. Let’s bill has brought down domestic vio- and prevention we can not only reduce refresh the Federal law book and, most lence by 53 percent, would there be ob- violence but we can reduce homicides of all, let’s keep our eyes on what we jection? There is no reason whatsoever as well. want to do. We want to be able to pre- for objection. We need to pass this bill because it is vent domestic violence and violence When we go back to the votes on the crucial to our families, to our commu- against women, whether it is the bill, there are overwhelming votes in nities, and it also shows the country stranger who perpetrates danger and favor every time. This year 47 attor- that we are serious about governing commits despicable acts or against neys general signed a bipartisan letter and keeping this legislation going. women in their own homes. We aim for supporting the reauthorization. I want to also comment on some of prevention, intervention, the training I have story after story from home, the other important programs. As I of police officers, judges, and courts, and I am going to read a couple to my said, I want to talk a little bit about and the right prosecutions. colleagues. A mother in Alameda Coun- Mr. President, I yield the floor. my role. I am an appropriator—and in ty with two children had been in a The ACTING PRESIDENT pro tem- fact, I will leave shortly to go to a long-term abusive relationship. She pore. The Senator from Minnesota. markup. But I have moved the Com- Ms. KLOBUCHAR. Mr. President, I separated from her abuser only to be merce, Justice, Science spending bill. I wish to thank so much the Senator stalked and brutally assaulted by him. worked so closely with the gentlelady from Maryland for showing such a suc- She called 9–1-1. She hid the phone dur- from Texas, Senator KAY BAILEY cinct way of describing such an incred- ing the last beating so the police could HUTCHISON, also a very strong advocate ibly complex but important bill. hear what was going on. Because of the in the interest of women and pro- We have also been joined by the Sen- Violence Against Women Act, she was tecting women here and around the ator from California who has been a able to access a Family Justice Center world. We worked on a bipartisan basis long-time leader on this issue. She was where she received counseling, reloca- in this year’s bill and put money in the here in Congress, as was the Senator tion assistance, and she worked with a Federal checkbook for those STOP from Maryland, when the initial Vio- deputy DA trained by program grants. grants, for those sexual assault serv- lence Against Women Act passed in She was pressured not to cooperate ices, for transitional housing grants, 1994. with the prosecution, but because of and also for other help in our commu- I yield to the Senator from Cali- the Violence Against Women Act—the nities. We also took a serious look at fornia, Mrs. BOXER. investigators had been trained by that the whole issue of forensics. Mrs. BOXER. Mr. President, I thank act—she overcame her fear. She was Forensics is a subject of much debate the Senator. If the Chair would tell me protected as she cooperated and gained and unfortunately much backlog. In when I have used 5 minutes and then I a strong conviction of her abuser. my bill, in the Commerce, Justice, will conclude. That is a case that shows the train- Science bill, we funded overall in the The ACTING PRESIDENT pro tem- ing works, and the training took place Department of Justice money to deal pore. The Senator will be notified. because of the Violence Against with forensic backlogs, but we also Mrs. BOXER. Mr. President, I wish to Women Act. paid particular attention to something thank Senator KLOBUCHAR for her lead- This is a story of an immigrant called the Debbie Smith Act. Let me ership and Senator FEINSTEIN as well. woman in Los Angeles. This happened 2 say this: There are two different bills. These are the two Democratic women years ago. She was stabbed 19 times by There is the Violence Against Women on the Judiciary Committee who have her boyfriend while she was 3 months Act and there is the Debbie Smith Act. been such leaders on this issue, as well pregnant. During her ordeal, her boy- The Debbie Smith Act was passed be- as Senator MURRAY. friend drove her from one part of town

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.006 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2753 to the other, refusing to take her to an California for those moving remarks opposition that remains, so I want to emergency room even though she was and for the very important point that make sure we address those concerns bleeding profusely. She jumped out of the Violence Against Women Act has today. the car, screamed for help, and the never discriminated against people, re- For those who oppose the bill, I ask abuser fled. Thankfully, she received gardless of who they are, where they them to look at my State of Wash- medical attention. The baby was not live, or how much money they have. I ington and the threat of domestic vio- lost, she recovered, and because of the appreciate those remarks, and I think lence. In Washington State, law en- Violence Against Women Act she co- it is at the core of what some of this forcement receives 30,000 domestic vio- operated with the prosecutors. She got debate is about. lence calls a year, on average, and on a U-visa, and she and her child could Overall, I still believe when we are any given day in 2011, domestic vio- move on. ready to have a number of colleagues lence programs served 1,884 people in The last case deals with Indian from across the aisle on this bill, we Washington State. That is why the Vi- tribes. I know what a fierce advocate will get this done. That is why it is so olence Against Women Act is so impor- the Presiding Officer is in every way important that with the work of Sen- tant. In Washington, it really does save for Indian tribes. So I talked to my ator REID and Senator LEAHY, the lives. people back home. According to a 2008 chairman of our Judiciary Committee, People such as Carissa, one of my report by the Centers for Disease Con- and Senator CRAPO, who is the leading constituents, who was in an abusive re- trol, 39 percent of Native American Republican on this bill, and Senator lationship, was allowed to flee with her women will face domestic violence—39 MIKULSKI, who came and spoke earlier, then 3-year-old daughter in 1998. She percent. Yesterday, Senator KLO- as well as Senator MURKOWSKI, who joined me in Seattle recently to high- BUCHAR, Senator MURRAY, and I stood joined us the last time we had the light the fact that the programs, shel- next to a woman who is the vice-chair group of women Senators—and we have ter, and the assistance in starting a of a in Washington. She, for the been working diligently on it late into new life helped her escape that life of first time, spoke out about the abuse the evening—I am very positive we are abuse. she received as a toddler. I don’t think going to get this done and get this vote I wish to quote Carissa: ‘‘I am stand- Senator KLOBUCHAR and I and Senator done. ing here alive today because VAWA MURRAY will ever forget it. I see we have been joined by the Sen- works.’’ Looking into Carissa’s eyes, She said: I know how old I was be- ator from Washington, Ms. CANTWELL, we know this is not about statistics, cause I remember I was the size of a who has long been a leader on women’s and it is not about politics. It is about couch cushion. This woman spoke out issues and has fought for this bill and providing a lifeline to women who want about how later on she saw the gang has been a Member of Congress in the to have a different life. rape of her aunt. Because of the situa- past when it has been reauthorized. So VAWA also helps crack down on vio- tion with Indian law, if the abuser is she knows very well that in the past lence against mail order brides. It is a not from the tribe—— this has not been a partisan bill; that story that we all know too well in the The ACTING PRESIDENT pro tem- people have come together and worked Pacific Northwest. Anastasia King and pore. The Senator has consumed 5 min- out whatever differences they have Susana Blackwell were mail order utes. had, and they have been able to pass brides who came to Washington State Mrs. BOXER. I will complete my this important Violence Against to start a new life with men they be- statement in a moment. If an abuser is Women Act. lieved loved them. Their lives were not from the tribe, there is no re- So I thank her for being here, and I brutally cut short when their husbands course—no recourse—in a place where yield to Senator CANTWELL. murdered them. This happened after 39 percent of the women will face do- The ACTING PRESIDENT pro tem- they had been subject to repeated do- mestic violence, and we have col- pore. The Senator from Washington. mestic abuse. That is why, in 2005, I leagues on the other side of the aisle Ms. CANTWELL. Mr. President, I sponsored the International American who want to exclude people. thank the Senator from Minnesota for Broker Regulation Act which became I wish to ask a rhetorical question: If her leadership on this issue and for her part of the Violence Against Women a person is walking down the street great service on the Senate Judiciary Act. It empowered more and more and sees three people bleeding on the Committee. I know she, as a former fiances to learn if their spouses had a street—one just has to know a little bit prosecutor, has provided a great deal of history of violent crime, and it now has about being a Good Samaritan—a per- leadership on many issues, but having become part of the reauthorization son doesn’t ask them for their papers, her voice on this Senate Judiciary that is this bill. It includes enhance- they don’t ask them who they are, they Committee has been very important for ments that require marriage broker don’t ask them where they live, they our country. agencies to provide foreign-born help them. I come to the floor to stand with my fiances with a record of any domestic Anyone on this floor who attempts to colleagues who are here, the women of violence their potential spouses might take out various groups from this bill the Senate, to say we are standing up have engaged in. That way we can stop is changing the Violence Against for women across America. We want the abuse before it begins. Women Act, which has never excluded the reauthorization of the Violence Opponents who say the Violence any group. So let’s be clear. Let’s pass Against Women Act. Today we wish to Against Women Act would create im- the bill. Let’s get it done. tell victims of domestic violence that migration fraud and give funds to those I will say in closing, tribal chairman they are not alone. We have to make who don’t need it should consider the Stacy Dixon of the Susanville Indian sure we are giving to local govern- story of Anastasia King and Susana Rancheria said the improvements in ments and to law enforcement the Blackwell. Anastasia’s and Susana’s this bill will ‘‘bring justice back to In- tools they need to protect victims of lives could have been saved had these dian country and will equip tribal gov- domestic violence. provisions and protections been in ernments with the needed authority Today we are here with a clear mes- place. We should not deny immigrant and resources to protect our residents sage to victims of domestic violence women or trafficking victims resources and restore faith in the justice sys- which is that we will stand with them. they need to prevent abuse nor should tem.’’ We haven’t forgotten, and we are not we create barriers for them to get the Let’s restore faith in the justice sys- going to let this bill be bogged down in safety they need. That is why we need tem not just for those on tribal lands political fighting. We are going to to pass the Violence Against Woman but for those who live in any part of make sure we continue to move ahead. Act. our lands. We already have the support of 61 Sen- We also need to make it clear that I yield the floor. ators, 47 State attorneys general, and Native American women will receive The ACTING PRESIDENT pro tem- countless law enforcement individuals protection. Deborah Parker of the pore. The Senator from Minnesota. who are working across the Nation to Tribes came to the Capitol this Ms. KLOBUCHAR. Mr. President, I make sure these victims have an advo- week to explain why this is so impor- thank very much the Senator from cate. However, we know there is still tant. Deborah is a tireless champion

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.007 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2754 CONGRESSIONAL RECORD — SENATE April 26, 2012 for the victims of domestic abuse, and women is still a problem. A recent sur- The boyfriend had actually been con- she was here to tell her brave story. vey by the National Network to End victed years earlier for attempted mur- She spoke eloquently as to why women Domestic Violence helps to illustrate der in another case with a pattern of need to make sure their perpetrators both the progress we have made as well domestic abuse. After he got out, he will be charged. as the work that is still left to be done. met his new girlfriend—the one who Consider that 39 percent of American On just 1 day last year—look at this ended up dead in the Minnesota River. Indian women will endure domestic vi- as a benchmark; 1 day last year: Sep- In the end, he pleaded guilty to the olence in their lifetimes. Compare that tember 15—in the State of Minnesota, murder and received a maximum sen- with figures that estimate that 24 per- 44 Minnesota domestic violence pro- tence. cent of all women in the United States grams reported serving 735 victims in I remember another case with a will experience domestic violence in emergency shelters or transitional woman who was shot to death by her their lifetimes. So we need a Violence housing and 670 adults and children boyfriend who then killed himself. The Against Women Act that will crack through individual counseling, legal man’s 12-year-old daughter tried to get down on the domestic violence in tribal advocacy or children’s support groups. into the bedroom, and when she could communities. This bill gives the tools That is a total of 1,405 victims in 1 day not get in, she went to a neighbor’s so we can make sure we go after those in one State. house for help. His 19-year-old son was offenders. On that same day, there were 807 also in the house. The police were Some have warned this will trample calls to domestic violence hotlines, called to that residence at least five on the rights of individuals to have due which provide emergency support, in- times in the 2 years before the tragedy. process and full protection. That is not formation, safety planning, and re- These stories are horrifying, and as a the case. What we are doing is making sources for victims in danger. That prosecutor one never forgets them. For sure there will be an investigation on works out to 33 calls per hour in a 24- survivors, they stay with them for the reservations of the suspected abuse. I hour period, and that is in 1 State of rest of their lives. It is stories such as think it is time we address this epi- the 50 States. these that make it so obvious that we demic that is happening in Indian Because of the Violence Against have more work to do. We need to pass Country before it escalates more. That Women Act, on just 1 day last year, all this reauthorization bill and we need to is why we need to make sure every these victims were able to get access to continue to build on the improvements woman in America has the rights under services they may not have been able we have made in past reauthorizations. the Violence Against Women Act to be to get before VAWA. But one other One of the important improvements number from that survey caught my protected. this reauthorization bill has made We have a long way to go to root out eye. In just 1 day, 315 requests for serv- comes in the area of stalking. The bill domestic abuse and violence. But with- ices were unmet. Mr. President, 83 per- includes a provision I added, along with cent of those unmet requests were for out these tools, such as VAWA, we are my cosponsor, Senator KAY BAILEY housing. not going to achieve our goals. It is HUTCHISON of Texas, that will help law What is the reason for those unmet time we pass this legislation for people enforcement more effectively target requests? The Minnesota organizations such as Deborah, for people such as reported they did not have enough high-tech predators because stalking, Carissa, and to remember the lives of things such as staff, beds, translators similar to any of the other crimes rec- people such as Susana Blackwell and or other specialized services. Think ognized in the Violence Against Women Anastasia King. about that: In just 1 day, in 1 State, 315 Act, is crime that affects victims of Mr. President, I yield the floor. people were unable to get the help they every race, age, culture, gender, sexual The PRESIDING OFFICER (Mr. needed. That means we still have work orientation, and economic status. BEGICH). The Senator from Minnesota. The numbers are truly alarming. In to do. Ms. KLOBUCHAR. Mr. President, I As I have worked on the reauthoriza- just 1 year, 3.4 million people in the thank the Senator from Washington tion of VAWA, I have been reminded of United States reported they had been very much. Deborah Parker, whom she how many of my experiences as Hen- victims of stalking, and 75 percent of referenced, did a beautiful job yester- nepin County attorney—that is Min- those victims reported they had been day of explaining exactly what it nesota’s largest county—are relevant stalked by someone they knew. meant to be a Native American woman still today. While I was county attor- Overall, around 19 million women in and a victim of domestic violence. ney, I made it a priority of my office to the United States have at some point As a member of the Judiciary Com- focus on prevention and prosecution of during their lifetime been stalked. The mittee, I can tell you, we have looked domestic violence cases. National Center for Victims of Crime hard at all the issues in reauthorizing As a prosecutor, I saw upfront how estimates that one out of every four this bill. We have had a series of hear- devastating these cases can be. stalking victims is stalked through ings and looked at the fact that domes- One case, a woman in Maple Grove, a some form of technology. tic violence and sexual assault still re- suburb of the Twin Cities, told her As the Presiding Officer knows, this main in America, and many of us have mother and a friend she planned to end is a change. That is why Senator worked to build upon the many impor- her relationship with her abusive boy- HUTCHISON and I drafted this amend- tant improvements the past two VAWA friend. She was finally going to break ment that basically says the laws have reauthorizations have made in reduc- it off, and if something were to happen to be updated because law enforcement ing violence. to her—she said this; she actually said has to be as sophisticated as the people I would note many things were these words to her mom and to her who are breaking the laws—as the peo- added—including one of the issues men- friend—she said: If something happens ple who were spying on ESPN report- tioned here today: the U visas—on a bi- to me, ‘‘he did it.’’ That was the last ers, as a recent case showed, through partisan basis in the 2000 reauthoriza- day anyone saw her alive. little peepholes in their hotel rooms, tion. Many of the issues regarding A fisherman discovered the woman’s while they were undressing. That hap- American Indian women were consid- body months later in the Minnesota pened, and that case would have been a ered in the past. But we are simply River. It was a tragic end to a story of lot easier if this bill had been changed building on the past bills. We have escalating abuse that this young and updated with the provisions Sen- worked with our Republican cosponsors woman had to live through, as she ator HUTCHISON and I are adding. That to make sure there was a general tried to break it off, to a tragic end. victim, that reporter, came forward agreement on any additions that were The woman had earlier filed assault and asked that this be included in the made to the bill, and they were all charges against her boyfriend, claim- law, and it is. It is another reason why made for very good reasons—as we ing he had put her in a chokehold and we have to pass the Violence Against have heard today—to help women who pushed her into a coffee table. Her 3- Women Act. need the help. year-old son told his grandmother he The bill also includes a number of But despite these improvements we found his mother on the floor and that improvements, as was noted by Sen- have seen in the numbers, make no she was sleeping and he could not wake ator CANTWELL, with respect to a par- mistake about it, violence against her. ticularly underserved community—

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.009 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2755 women living in tribal areas. It is a strongly, whether from their own per- 2012 for our national commitment to heartbreaking reality that Native sonal experiences, friends they know stop violence and abuse and to protect American women experience rates of or—as in the case of the Senator from women against this plague than we domestic violence and sexual assault Minnesota who has done a great job on have over the last 20 years. We should that are much higher than the national this—from their professional experi- not step backward. We should not halt average. All the bill does in this area— ence as well. progress. ‘‘Replace’’ is the operative as the Chair knows, representing a I care a lot about this issue. I carried word. What has been offered is not a State with a high population of Native the Violence Against Women Act, the substitute or an improvement for the Americans—is that it simply allows a first bill, in 1994. Then-Senator BIDEN Violence Against Women Act. The so- tribal court to have jurisdiction con- put it together in 1992. Senator BOXER called alternative would take violence current with the other courts, with the carried it when she was elected to the against women and replace it with a Federal and State courts. I know Senate. They asked me to carry it, and different program. changes have been made in the man- we got it passed. This program has worked. It needs agers’ amendment to address the par- It has changed the world. VAWA has improvements. That is why we are ticular concerns of Alaska. This is an changed the world. It used to be, before here. But it is has worked. You do not incredibly important part of the bill, VAWA, a woman would show up blood- start over for ideological or political and I am glad we were able to work ied and bruised at a police station, and reasons. Most notably in the act from with the Republican cosponsors to get the police officer—who had no training my colleagues across the aisle, the this part of the bill updated. and no knowledge of what to do, not word ‘‘women’’ has been taken out of The Violence Against Women Act is his or her fault—would say: Go home. the program that forms the corner- an important tool for ending violence It is a family matter. stone of the Violence Against Women against women, but this is not just Now, of course, we have laws, we Act and the word has been replaced about women. have training, we have shelters, and with ‘‘victim.’’ No one here would I often mention the case of a very sad women are far more protected. argue against the principle that all vio- We were much too close, in 1994, to situation where a man murdered his lent crimes, all domestic crimes are the old rule of thumb that a husband wife. They were Russian immigrants. tragic and serious. But this so-called could beat his wife with a stick, pro- They knew no one in town. He murders substitute negates centuries of wom- vided it was no thicker than his thumb. his wife, takes her body parts in a bag, en’s experience that proves that vio- We are much further away from that dumps them off in a river in Missouri, because of this law, and it makes a lence against women, especially vio- with his 4-year-old kid in the car the great deal of sense. lence caused by spouses and partners entire time. But similar to any good and impor- and family members, is a uniquely per- When they got back to the Twin Cit- tant law that has changed the world, nicious and entrenched practice, one ies, he actually confessed to the crime. we have to keep updating it. We have that has not even always been illegal. When they had the funeral for this to keep learning from what has hap- There was never a rule of thumb that woman, there were only five people in pened and make it better and stronger governed the size of a stick that wives that Russian church. There was the and tougher and covering more ground. would use to beat their husbands. That family who had come over from Rus- We need it. sums it up in a nutshell. Men were sia—the parents and the sister—and Still, despite VAWA’s good acts, in never banned from juries. Men were there was myself and our domestic vio- my home State, on Long Island alone, never banned from police forces and lence advocate. That little girl was during 2009 and 2010, there were 19,417 prosecutors’ offices. It is this horrific there too. cases in which local, county or State and shameful history to which we re- The story the family told me was police officers were called to the scene sponded in 1994 when we first crafted this: The sister of the victim—the sis- of a domestic violence complaint. That the Violence Against Women Act. ter of the woman who was killed—was is just in two counties in one State in There is another point to be made. her identical twin. The little girl had this country. Anyone who respects the proper role of never met her aunt because she lived in That is why I am so glad to see Mem- the Federal Government in fighting Russia. When they got off that plane bers on both sides of the aisle have fi- crime should recognize that it is en- from Russia, the little girl ran up to nally seen that saving the lives of tirely rational for us to limit our po- her aunt—who was the identical twin women is, once again, above politics. lice powers and funding in this area to of her dead mother—she ran up to her It has been a pleasure, over the a particular type of crime, one that has and hugged her and said, ‘‘Mommy, years, to work with my colleagues, and civil rights implications, one that has mommy, mommy,’’ because she I wish to thank Chairman LEAHY and been hard for States and localities to thought it was her mother. Senator CRAPO for their great leader- prosecute without special support and It reminds all of us that domestic vi- ship. It is truly a bipartisan effort, training. That is why there is no sub- olence is not just about one victim, it with 61 cosponsors, and that is how it stitute for the Violence Against is about a family and it is about a com- has been in the past. It has always been Women Act. munity and it is about a country. That bipartisan. It is a tribute not only to There are a number of priorities that is why we have the opportunity to get Chairman LEAHY but to my female col- have been included in the bill that I this bill done, to put it up for a vote, leagues, many of whom have spoken have cared a lot about. and reauthorize the Violence Against out this morning and have been con- First is making sure that sexual as- Women Act—something we have done stant champions of the Violence sault victims do not have to pay for time and time again on a bipartisan Against Women Act. their own forensic exams. While the basis. So let’s do it again. So this bill should be an easy one. last reauthorization took some steps to Mr. President, I see we have been The Violence Against Women Act fix this problem, we go further. joined by the Senator from New York, should be low-hanging fruit. Even in a Second, VAWA, having contributed a member of the Judiciary Committee, disputatious Congress, this should pass immensely to our understanding and who has worked so hard on this bill, easily. It passed unanimously—Demo- prevention of domestic violence, has Senator SCHUMER. crats and Republicans—in 2000 and 2005. been reinvigorated and retargeted at I yield the floor. Recognizing today’s tougher times, as sexual assault crimes. Many aspects of The PRESIDING OFFICER. The Sen- well as the successes with which our the new bill will improve the reporting, ator from New York. past efforts have already been met, law enforcement training, and victim Mr. SCHUMER. Mr. President, I con- Chairman LEAHY and Senator CRAPO support. gratulate my colleague from Min- cut spending by 20 percent and reduced Third, it expands programs that are nesota who has the dual experience of duplicative programs. So you would available to victims and law enforce- being both a prosecutor and a woman not think there would be opposition, ment in rural and underserved areas. who understands how important these but, unfortunately, there has been. This is extremely important to upstate issues are. We men try to join in, but So this fact is clear: It would be un- New York, which has one of the largest women know this so well and so acceptable to show less support now in rural populations in the country.

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.010 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2756 CONGRESSIONAL RECORD — SENATE April 26, 2012 Fourth, as I mentioned, Senator cans lost what was always called—Paul square to a victim of domestic violence LEAHY and Senator CRAPO should be was called ‘‘the conscience of the Sen- or silhouettes or other things that go applauded for including more oversight ate’’; and women everywhere lost two around the country. But at that time, and accountability for programs in this powerful voices on domestic violence back in 1993, that was unique. It was bill and finding a way to trim the au- issues. something people were not talking thorization by 20 percent by consoli- I went back through the transcripts about. The Wellstones felt it was their dating programs where it makes sense. and looked at some of the speeches duty to bring that forward, as did then- To make the continued need for this Senator Wellstone gave, before his Senator BIDEN and Senator LEAHY and bill concrete personal, I would like to tragic plane crash, about domestic vio- other people who were involved in this point out one massive success story in lence and some of the things he said. issue. New York that has been made possible Here are some. Of course, I would never So many of the women Senators who by VAWA. There are many others, but do justice to him as he stood on the spoke today—Senator MIKULSKI, Sen- I want to point out one. floor, but he said things like this. He ator HUTCHISON, who I see has joined us On Long Island, thousands of women said: on the floor—on a bipartisan basis, each year seek help from the Nassau We can no longer stand by and say that it they all came together and said that County Coalition Against Domestic Vi- is someone else’s problem. What are we wait- we must get this done. olence. The coalition offers confiden- ing for? Too many have spoken with their Again, Senator Wellstone understood tial, specialized services for victims of voices and with their lives, and this violence as well as anybody that this was an domestic and dating violence, elder must end. issue that had too long been ignored abuse, children who witness domestic He also said this: and found a way to bring the story to violence, and sexual assault survivors. Once upon a time we used to say it is no- his colleagues in the Senate. Paul and They have a 24-hour hotline, group and body’s business. We do not believe that any Sheila may no longer be with us, but individual counseling, legal advocacy, longer. their legacy lives on. The Sheila Safe Home emergency housing, and Paul and Sheila passionately be- Wellstone Institute continues its work various other outreach programs. lieved that domestic violence was not by promoting awareness of violence Without VAWA, these services would just a law enforcement issue, it was an against women and ensuring that end- be drastically cut back. issue about civil rights, justice, and ing this problem remains a national Specifically, the coalition receives human dignity. Paul often talked priority. The Wellstones’ sons Mark and David $650,000 over 21⁄2 years through a VAWA about his brother Stephen, who strug- legal assistance to victims grant, gled with mental illness his entire life, have also continued the work their par- $38,000 through a VAWA crisis inter- and he took up that cause because he ents began through their nonprofit vention grant, and $12,000 through a knew no one was there for Stephen, no Wellstone Alliance. Among many other rape advocacy grant. These last two one else would speak for him. And he things, Wellstone Action and Mark may not sound like large sums of felt the same way about domestic vio- Wellstone in particular worked hard to ensure that the Violence Against money, but they go a long way toward lence. Women Act was reauthorized in 2006. helping prevent domestic violence and We honor their memory—Paul and As we look today for a potential vote Sheila—by carrying on their work dealing with it when it, unfortunately, on the Violence Against Women Act, I today. happens. would like my fellow Senators to re- The reauthorization of VAWA is I wish to highlight some of the more member these words Senator Wellstone more important than ever. In today’s remarkable efforts to bring this issue out of the shadows which the Well- spoke many years ago. economy, local municipalities, as we He said: know, in New York and throughout the stones made. Senator Wellstone began work on We can no longer stand by and say it is country are slashing their social serv- someone else’s problem. What are we waiting ice budgets and contracts right and issues of domestic violence when he for? Too many have spoken with their voices left. Without VAWA, many groups such was elected to the Senate in 1990. As and their lives, and this violence must end. as the Nassau County coalition would one can tell from the whole course of We all know we can no longer stand be left bereft and all of the good work his political career, violence against by and say it is someone else’s prob- they have done over the years would no women was always an issue close to his lem. We cannot let our own differences, longer be there. Without agencies such heart. In fact, Senator Wellstone dedi- minor though they be, on various pro- as this one, where will a sexually as- cated his own salary increases each visions get in the way of the fact that saulted Levittown woman turn for year to battered women’s shelters in this has always been a bipartisan bill, help? Well, I do not want to find out. I, Minnesota and introduced a number of that this bill has 60 cosponsors, that for one, will do everything in my power bills strengthening protections for this bill was led by Senator LEAHY and to ensure that day never comes by sup- women. Senator CRAPO from the very begin- porting this VAWA, not some new law To Senator Wellstone, family vio- ning, a Democrat and a Republican that has not been tested. lence could no longer be dismissed as a working together. I yield back the remainder of my ‘‘family issue.’’ That is why he made a This is the time to pass this bill. time. commitment to read into the CONGRES- I yield the floor. The PRESIDING OFFICER. The Sen- SIONAL RECORD the names and stories The PRESIDING OFFICER. The Sen- ator from Minnesota. of all Minnesota women and children ator from Texas. Ms. KLOBUCHAR. Mr. President, we killed at the hands of spouses, boy- Mrs. HUTCHISON. Mr. President, I are going to be joined here shortly by friends, and fathers. In one 1995 floor came to the floor yesterday to talk the Senator from New Hampshire, Mrs. speech, he had six stories to tell, some about the important work on this bill SHAHEEN, but I do want to mention one so horrifying that he refused to share that has been done by Senators on both other aspect. the full details in the Chamber. sides. Republicans and Democrats Many of my colleagues have men- In 1993 Paul and Sheila found an es- agree that we should reauthorize the tioned the incredibly important role pecially impactful way to bring their Violence Against Women Act and that that then-Senator BIDEN, now-Vice message to Washington. In collabora- we should have the very best legisla- President BIDEN played in drafting this tion with the Silent Witness Initiative, tive product possible. This should be first bill in 1994. Well, there was an- Paul and Sheila brought 27 life-size sil- done with input from both parties. other Senator who played an important houettes to the rotunda of the Russell That is what our Chamber does. We de- role, and he is someone from Min- Office Building. Each one of the sil- liberate and then we produce legisla- nesota; that is, the late Senator Paul houettes represented one Minnesota tion. Wellstone, always with his wife Sheila woman murdered in an act of domestic Yesterday I was talking to the chair- with him at his side working on this violence. You think about this now, man of the Judiciary Committee, talk- important issue. When we lost Paul and you might be used to seeing these ing about what his bill does, and I want and Sheila in 2002, Minnesotans lost a things. You might be used to seeing to say clearly today that the amend- tireless champion in Congress; Ameri- quilts that have been made with each ment I am producing with Senator

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.011 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2757 GRASSLEY and many other cosponsors minutes of debate equally divided in sionally-authorized reporting mechanism for builds on the sentiments the chairman the usual form. online crimes against children, indicate the expressed yesterday. The PRESIDING OFFICER. The Sen- scope of the problem. These child sex abuse It seems very simple to me that what ator from Vermont. images are crime scene photos that memori- the Republicans are asking is that our alize the sexual abuse of a child. Those who Mr. LEAHY. Mr. President, I believe possess them create a demand for new im- substitute, which has many cospon- under the regular order I would be rec- ages, which drives their production and, sors—we believe it improves on the un- ognized now, and then Senator GRASS- hence, the sexual abuse of more child vic- derlying bill. And one amendment by LEY would be recognized. But I under- tims to create the images. Senator CORNYN adds much to the bill, stand the Senator from Texas needs Despite the heinous nature of this crime, helping to get the backlog of these rape more time; is that right? the federal statute criminalizing the posses- kits put forward so that we can stop Mrs. HUTCHISON. Yes. sion of child pornography has no mandatory people who are perpetrating these Mr. LEAHY. We are not on VAWA minimum sentence. This, combined with the advisory nature of the federal sentencing crimes from being out loose doing it now; we are on the nominations. Under guidelines, allows judges to impose light sen- again, when we have the proof that has the regular order, I am to speak for 15 tences for possession. Congress passed man- not yet been tested because of the minutes and then Senator GRASSLEY datory minimum sentences for the crimes of backlog. for 15 minutes. How much more time receipt, distribution, and production of child There are some things that can be does the Senator from Texas need? pornography. We don’t believe that Congress done to improve this bill. Senator MI- Mrs. HUTCHISON. Mr. President, I intended to imply that possession of child KULSKI and I worked together on fund- believe perhaps the— pornography is less serious than these other ing the Justice Department. In our bill, The PRESIDING OFFICER. The Sen- offenses. NCMEC feels strongly that posses- we do add to the capability for the Jus- sion of child pornography is a serious crime ator from Vermont is correct on the that deserves a serious sentence. Therefore, tice department to give the grants that order. we support a reasonable mandatory min- would make that backlog smaller. Sen- Mrs. HUTCHISON. Mr. President, did imum sentence for this offense. ator CORNYN’s amendment even im- the other side go over the allotted time As we have previously testified, child pro- proves upon that. So what is not to on VAWA? tection measures must also include the abil- like about two other approaches that The PRESIDING OFFICER. They did ity to locate non-compliant registered sex would add to this bill so that we can not. The Senator from Texas was actu- offenders—offenders who have been con- get this bill passed—or one version of ally speaking on their time. victed of crimes against children yet fail to comply with their registration duties. The it—go to conference with the House, The Senator from Vermont is recog- U.S. Marshals Service is the lead federal law and really address the issues? nized under the order. enforcement agency for tracking these fugi- No one is arguing that we should not Mr. LEAHY. How much time does the tives. Their efforts would be greatly en- pass a Violence Against Women Act. Senator need? hanced if they had the authority to serve ad- The question is, Can we make it even Mrs. HUTCHISON. I would like to ministrative subpoenas in order to obtain better? And if so, why not? Why not have up to 5 minutes to finish the de- Internet subscriber information to help de- have the kind of debate that we have bate on the VAWA bill, and then I do termine the fugitives’ physical location and on this floor that does that? So I think have remarks in support of the two apprehend them. Thank you for your efforts to protect our it is important that we produce the judgeships that will be voted on at nation’s children. best possible product. noon. Sincerely, Yesterday the chairman spoke re- Mr. LEAHY. Mr. President, I ask ERNIE ALLEN, peatedly about a victim is a victim is a unanimous consent that the Senator President and CEO. victim. He spoke about how the police from Texas be given 5 minutes out of Mrs. HUTCHISON. Mr. President, never ask if the victim is a Republican the Republicans’ time now to finish the this letter says that they strongly sup- or a Democrat, is the victim gay or VAWA statement, and that we then go port two provisions in our substitute straight, but that a victim is a victim. back to my time on the judges. I as- bill. It says we have a mandatory min- And I have— sume that the Republican side would imum for protection of child pornog- The PRESIDING OFFICER. The Sen- be glad to have the rest of the time on raphy, and they feel strongly that pos- ator will suspend. We have a previous the judges. session of child pornography is a seri- order we need to read. The PRESIDING OFFICER. Without ous crime that deserves a serious sen- f objection, it is so ordered. tence. Therefore, a reasonable manda- EXECUTIVE SESSION VIOLENCE AGAINST WOMEN REAUTHORIZATION tory minimum for this offense would be ACT in order. Mrs. HUTCHISON. Mr. President, I I stated yesterday, about a situation NOMINATION OF GREGG JEFFREY want to make sure everyone knows where a judge gave a 1-day sentence to COSTA TO BE UNITED STATES that the Republicans have an addition an individual who was in possession of DISTRICT JUDGE FOR THE to the Violence Against Women Act hundreds of images and videos of 8- to SOUTHERN DISTRICT OF TEXAS that we think will strengthen it. 10-year-old girls being raped. Really, 1 For instance, there are a couple of day? Mr. President, this is America. I additions from what we talked about can’t even imagine that would be the NOMINATION OF DAVID CAMPOS yesterday. We got a letter today from case. GUADERRAMA TO BE UNITED the National Center for Missing and Our amendment strengthens the un- STATES DISTRICT JUDGE FOR Exploited Children. I ask unanimous derlying bill by saying we would have a THE WESTERN DISTRICT OF consent that it be printed in the mandatory minimum of 1 year. My TEXAS RECORD. goodness, I think that is a minimum The PRESIDING OFFICER. Under There being no objection, the mate- this body would want to adopt. the previous order, the Senate will pro- rial was ordered to be printed in the We also want to make sure we can lo- ceed to executive session to consider RECORD, as follows: cate registered sex offenders who ab- the following nominations, which the NATIONAL CENTER FOR scond. The letter we have put into the clerk will report. MISSING & EXPLOITED CHILDREN, RECORD says law enforcement’s efforts The assistant legislative clerk read Alexandria, VA, April 26, 2012. would be greatly enhanced if they had the nominations of Gregg Jeffrey Hon. KAY BAILEY HUTCHISON, the authority to determine the fugi- Costa, of Texas, to be , tives’ physical location and apprehend District Judge for the Southern Dis- Washington, DC. them. Here are two stories, and our bill trict of Texas; David Campos DEAR SENATOR HUTCHISON: As you know, would strengthen the ability to help the National Center for Missing & Exploited Guaderrama, of Texas, to be United Children (NCMEC) addressed the issue of sen- these situations. States District Judge for the Western tencing for federal child pornography crimes Johnny Burgos was convicted in New District of Texas. in our testimony before the Senate Judiciary York for rape and assault of a minor. The PRESIDING OFFICER. Under Committee in March 2011. The 1.4 million re- Following his release from prison, he the previous order, there will be 30 ports to NCMEC’s CyberTipline, the Congres- registered as a sex offender in New

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.012 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2758 CONGRESSIONAL RECORD — SENATE April 26, 2012 York, but he left. Although he seemed Mr. LEAHY. Mr. President, today we selecting qualified nominees and work- to be constantly on the move, the U.S. are finally going to vote on the nomi- ing with Senators from both sides of Marshals in the New York/New Jersey nations of Gregg Costa and David the aisle, President Obama has seen ju- Regional Fugitive Task Force believed Guaderrama to fill judicial emergency dicial vacancies remain above 80 for he was living in Pennsylvania. They at- vacancies on the U.S. District Courts nearly three years. tempted to obtain the records from cell for the Southern and Western Districts At this same point in the Bush ad- phone companies, insurance compa- of Texas. Both of these nominees to fill ministration, we had reduced judicial nies, and the New York and Pennsyl- judicial emergency vacancies have the vacancies around the country to 45. vania Departments of Motor Vehicles. support of their home state Republican Today they stand at 81. And by August But because it was necessary to get Senators. Their nominations were re- 2004, we reduced judicial vacancies to grand jury subpoenas for these records, ported unanimously by the Judiciary just 28 vacancies. Despite 2004 being an the process took too long and the in- Committee over four and a half months election year, we were able to reduce vestigation suffered. In the interim, he ago. Senator CORNYN, who is on the vacancies to the lowest level in the last is believed to have committed another Senate Judiciary Committee, strongly 20 years. At a time of great turmoil sexual assault in Maryland. Our bill supports both of these nominees. The and political confrontation, despite the would strengthen the capabilities for senior Senator from Texas, Senator attack on 9/11, the anthrax letters the U.S. Marshals Service to get that HUTCHISON, supports these nominees. shutting down Senate offices, and the information on a timely basis. There was a unanimous vote in the Ju- ideologically driven judicial selections This story is even worse, Mr. Presi- diciary Committee. Still it has taken of President Bush, we worked together dent. Joseph Duncan, shortly after his another four and one-half months to to promptly confirm consensus nomi- release from custody in 2005, absconded get them before the Senate for final nees and significantly reduce judicial from Minnesota and traveled across consideration. vacancies. country to Idaho, where he kidnapped These are judicial emergency vacan- In October 2008, another presidential Dylan and Shasta Groene from their cies. I mention that because these are election year, we again worked to re- home in the middle of the night. In the more examples of what I have been duce judicial vacancies and were able course of the kidnapping, he murdered concerned about for the last few years. to get back down to 34 vacancies. I ac- the children’s mother, brother, and the Senate Republicans have refused to commodated Senate Republicans and mother’s boyfriend by beating them to move promptly to confirm consensus continued holding expedited hearings death with a hammer. He then took the nominees. These are not ideologically and votes on judicial nominations into children to remote campgrounds across driven nominees. These are nominees, September 2008. State lines into Montana, where he like so many of President Obama’s We lowered vacancy rates more than brutally abused them and later killed nominees, who are highly qualified. twice as quickly as Senate Republicans Dylan—a child. He was essentially lost They enjoy bipartisan support, but have allowed during President Obama’s by three States, and no one even knew they are made to wait and wait before first term. The vacancy rate remains where he was to look for him. finally being able to be confirmed. nearly twice what it was at this point Our bill strengthens the U.S. Mar- This is a destructive development. It in the first term of President Bush. shals Service’s capabilities to attach to is a new practice in the Senate. I can The Senate is 32 behind the number wherever these thugs might be who are say this as one who has served here of circuit and district court confirma- doing these heinous crimes. I also add during the Presidencies of Presidents tions at this point in President Bush’s that our bill has a strengthening of the Ford, Carter, Reagan, George H.W. fourth year in office. We are 65 con- rape kit issue that Senator CORNYN is Bush, Clinton, George W. Bush, and firmations from the total of 205 that we trying to get to be able to offer as an now President Obama. This new prac- reached by the end of President Bush’s amendment to Senator LEAHY’s bill, tice has kept the Senate behind the fourth year. the majority’s bill. Senator CORNYN curve. It has kept Federal judicial va- I wish to share with the Senate and has been trying for a long time to cancies unfilled. It has overburdened the American people a chart. This com- strengthen the ability to stop this the Federal courts and has kept Ameri- pares vacancies during the terms of backlog and get the rape kit issue ad- cans from getting prompt justice. President Bush and President Obama. I dressed so we can have the evidence to It should not have taken this long for mention this because, look at where get the perpetrators so they will not these two nominees to receive a vote. the vacancies were when President commit these crimes against other in- They could and should have been con- Bush came in. For a short time, I was nocent people such as Dylan and Shas- firmed last year. It is nearly May, and chairman of the Senate Judiciary Com- ta Groene. the Senate is still only considering ju- mittee when President Bush was Presi- I hope we will be able to have a mod- dicial nominations that should have dent. Even though 60 nominees had est one amendment, and my substitute, been confirmed last year. There are 24 been pocket-filibustered of President so we will be able to go to conference judicial nominees ready for final Sen- Clinton’s, I said we were going to with a strong strengthening of the un- ate consideration. Several are still derlying bill, which I intend to support. change this routine. Look how quickly pending from last year. That means 150 I am going to support the Violence I brought the vacancies way down Against Women Act, even if it falls million Americans affected by more under President Bush. I then worked short in these areas. But why not than 80 judicial vacancies would see a with Republicans to bring them down strengthen it in these areas so that all vacancy in their district or circuit further, even though they didn’t move of us know we have done the best we court filled if the Senate would only be as fast on President Bush’s nominees can to send a bill to the House for its allowed to vote on those 24 nominees. as I had. When I was chairman, I con- The lack of real progress during the consideration, and then a conference tinued to bring it down. last three and one-third years is in committee where we can pass this bill Then what happened when President stark contrast to the way in which we without further delay. Obama came in? All of a sudden they When the regular order comes back, I moved to reduce judicial vacancies dur- said: This was great that you brought want to speak in favor of the two Texas ing the last Republican presidency. down the vacancies under President judges on whom we are going to vote. During President Bush’s first term we Bush. We are glad to have the vacan- The PRESIDING OFFICER. The Sen- reduced the number of judicial vacan- cies under President Bush come down, ator from Vermont. cies by almost 75 percent. When I be- but now the vacancies are going to Mr. LEAHY. Mr. President, I will came Chairman in the summer of 2001, come back with President Obama. speak further about the Violence there were 110 vacancies. As Chairman, This is another way to demonstrate Against Women Act because I believe I worked with Senate Republicans to what I have been saying. See how the Leahy-Crapo, et al, bill has the confirm 100 judicial nominees of a con- sharply the line slopes as we reduced best balance possible to protect the servative Republican President in 17 vacancies in 2001 and 2002, when I was most people possible. months. We expedited consideration of Chairman of the Judiciary Committee. Mrs. HUTCHISON. I thank the Sen- consensus nominees and ended the va- See where we were in April 2004 having ator. cancies crisis. In contrast, despite his reduced judicial vacancies to 45 on the

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.018 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2759 way to 28 in August. By comparison, preme Court. The ABA Standing Com- court in this country, they are not see how long vacancies have remained mittee on the Federal Judiciary unani- asked whether they are a Republican above 80 and how little comparative mously rated Mr. Costa ‘‘well quali- or Democrat. They are coming to seek progress we have made. Again, if we fied’’ to serve, its highest possible rat- justice. They should be allowed to have would just be allowed to vote on the 24 ing. that. Let’s speed up. judicial nominees ready for final action Judge David Guaderrama is nomi- I will vote for these two judges. The we could reduce vacancies to under 60 nated to fill a judicial emergency va- Senator from Texas will vote for these and make instant progress. cancy on the U.S. District Court for two judges. But they were ready to be The American people deserve better. the Western District of Texas, where he voted on way last year. It is time to Our courts need qualified Federal has served as a Magistrate Judge since get moving. judges, not vacancies, if they are to re- 2010. He previously served four terms as Mr. President, I yield the floor and duce the excessive wait times that bur- a state court judge in El Paso, Texas, reserve the remainder of my time. den litigants seeking their day in and for seven years as the Chief Public The PRESIDING OFFICER. The Sen- court. It is unacceptable for hard- Defender in El Paso County. While on ator from Texas is recognized. working Americans who turn to their the state bench, Judge Guaderrama im- Mrs. HUTCHISON. Mr. President, I courts for justice to suffer unnecessary plemented the first adult criminal rise to speak in favor of Gregg Costa delays. When an injured plaintiff sues Drug Court and the first Access to Re- and David Guaderrama for their nomi- to help cover the cost of his or her covery program in El Paso County. nations to the Federal district bench. I want to say that Mr. COSTA—and I medical expenses, that plaintiff should Judge Guaderrama began his legal ca- will mention this again—asked not to not have to wait three years before a reer in 1979 as a solo practitioner and be confirmed until after the case that judge hears the case. When two small from 1980 to 1986 was a partner with the he was working on was finished. His business owners disagree over a con- firm of Guaderrama and Guaderrama. case was the prosecution of Robert tract, they should not have to wait These are two qualified nominees Allen Stanford, who swindled so many years for a court to resolve their dis- from Texas. They were passed out of Texans and other Americans out of pute. our committee last year. They should money they had invested. Frankly, he Some Senate Republicans seek to di- have been confirmed before we recessed was all over the country in his rep- vert attention by suggesting that these last year. Even typical consensus, non- longstanding vacancies are the Presi- resentation. controversial nominees like these two Mr. Costa asked not to be confirmed dent’s fault for not sending us nomi- have been delayed for no good reason. until he could finish that case because nees. Let me remind my colleagues In fact, we have 24 judicial nomina- it was complicated and he was the lead that of the 81 current vacancies that tions currently before the Senate. on it. exist, several of them are without a I have heard them say the President So there has been no delay on our nomination because this President is has to send up more nominees. Why part at all on his nomination. As I un- trying to work with home state Sen- don’t we confirm the 24 who are on the derstand it, we have confirmed the ators, including 27 vacancies involving calendar? Then we have others working same—roughly the same—number of a Republican home state Senator who through the committee process. In district judges as President George has refused to either recommend a can- fact, 10 of those nominations that have Bush and President Clinton did in their didate or agree to a judicial nominee. been pending the longest are all to fill first terms. To my knowledge, we are There are seven nominations on which judicial emergency vacancies. Every not holding up nominations at all. the Senate Judiciary Committee can- single Democrat in this body has In fact, of course, Senator CORNYN not proceed because Republican Sen- signed off on them. and I both highly recommended Mr. ators have not returned blue slips. Again, I show this chart to show how Costa and Mr. Guaderrama to the More importantly, there are 24 out- quickly Democrats moved, while Re- President for his nomination because standing judicial nominees that can be publicans did not move as quickly as we have a process that assures we confirmed right now who are being they did for President Bush’s nomi- nominate to the President the most stalled. Let us act on them. Let us vote nees. We did that with President Ford. qualified people to fill these spots. We them up or down. When my grand- We did that with President Carter. We have a bipartisan legal committee that children say they want more food be- did that with President Reagan. We did vets them comprised of people who fore they finish what is on their plate, that with the first President Bush and know the legal community in Texas, my answer is to urge them to finish the also with President Clinton—except for and so, therefore, they know the rep- food already on their plate before ask- the 60 who were pocket-filibustered by utations of these lawyers, and our com- ing for seconds or dessert. To those Re- the Republicans. And we did that, as I mittee system has worked very well. I publicans that contend it is the White have shown here, with President Bush. have served on it with Senator Gramm, House’s fault for not sending us more Why does it have to be a different situ- as I have with Senator CORNYN, and we nominees, I say let us complete Senate ation for President Obama? Why can’t agree on the quality of these nominees. action on these 24 judicial nominees we treat President Obama the way we So I don’t think there is a delay, and I ready for final action. If we could vote did all these other Presidents I have am very pleased to be able to have on the 24 judicial nominees ready for mentioned, since I have been here—the nominated these two fine lawyers to final action there are more nominees way we did President Ford’s nomina- the President. working their way through Committee, tions and all the others? I would like to talk first about Mr. and the Senate can act responsibly to I cannot understand what it is or why Costa, who did ask to wait for his con- help fill more of the vacancies plaguing President Obama has to be treated dif- firmation, but now he is ready because some of our busiest courts. ferently. It is not fair to him. More im- the case he was working on was de- Today, we can finally fill two emer- portant, Mr. President, it is not fair to cided. Mr. Costa will be serving in the gency vacancies with superbly quali- the Federal judiciary. These vacancies Southern District in Galveston, TX, fied nominees. Gregg Costa is nomi- mean there are millions of Ameri- where I was born. Mr. Costa was born nated to fill a judicial emergency va- cans—150 million Americans who are in in Baltimore, MD, and grew up in Rich- cancy on the U.S. District Court for districts or States with judicial vacan- ardson, TX. He attended Dartmouth the Southern District of Texas, where cies. That means justice delayed. If College, where he graduated with a he is already well-known and well-re- justice is delayed, justice is denied. bachelor of arts degree in government spected for his service as a Federal We can and should do better. Maybe and then continued his studies at the prosecutor. Prior to becoming a Fed- some believe there is an advantage to University of Texas School of Law eral prosecutor in 2005, Mr. Costa taking partisan shots at President where he served as editor-in-chief of worked in private practice in Houston, Obama. I disagree. They should do as the Texas Law Review and received his Texas, was a Bristow Fellow in the Of- we have done in the past and help the juris doctorate with highest honors in fice of the Solicitor General, and Federal judiciary. That should be kept 1996. clerked for Chief Justice William out of partisan politics. It is to all of Mr. Costa’s professional career in- Rehnquist on the United States Su- our advantage. When people go before a cludes being a law clerk for Supreme

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.019 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2760 CONGRESSIONAL RECORD — SENATE April 26, 2012 Court Chief Justice William Rehnquist Mr. LEAHY. Mr. President, I ask Women, which represents dozens of or- in 2001, as well as his current position unanimous consent that the order for ganizations from across the country serving as an assistant U.S. attorney in the quorum call be rescinded. says: Houston. As the co-lead counsel for the The PRESIDING OFFICER. Without The Grassley-Hutchison substitute was United States in the prosecution of objection, it is so ordered. drafted without input or consultation from Robert Allen Stanford, Mr. Costa se- VIOLENCE AGAINST WOMEN REAUTHORIZATION the thousands of professionals engaged in cured a conviction of 13 charges of con- ACT OF 2011 this work every day. The substitute includes spiracy, wire, and mail fraud. Mr. Mr. LEAHY. Mr. President, I know damaging and unworkable provisions that Costa has been credited by his col- we are about to vote on these judges, will harm victims, increase costs, and create unnecessary inefficiencies. leagues as the glue that held the case but I wish to make a few remarks together. His dedication to this case about the VAWA reauthorization be- Although well-intentioned by its lead and these victims shows the core of his fore we do so. sponsors, the Republican proposal is no character. The fact he asked for a There are few tools more important substitute for the months of work we delay in his confirmation because he in the fight to end domestic and sexual have done in a bipartisan way with vic- wanted to finish this case and assure violence than the Violence Against tims and advocates from all over the that convictions would be obtained Women Act. This landmark legislation country. makes me proud and pleased to support has fundamentally changed the way so- I regret to say the Republican pro- his nomination to the Federal bench. ciety views these horrible crimes, and posal undermines core principles of the Violence Against Women Act. It would I am also pleased to support the nom- it has resulted in a more than 60 per- result in abandoning some of the most ination of Judge David Campos cent decrease in domestic violence of- vulnerable victims and strips out key Guaderrama to the Western District of fenses. We have been successful be- provisions that are critically necessary Texas in El Paso. Judge Guaderrama is cause we have learned from experience to protect all victims—including bat- originally from New Mexico and moved and adapted our efforts to better meet tered immigrants, Native women, and to El Paso, TX, at a young age. He at- the needs of victims. victims in same sex relationships. The tained two bachelor degrees from New Each reauthorization of VAWA has improvements in the bipartisan Leahy- Mexico State University in political played a critical role in this process. Crapo Violence Against Women Reau- science and psychology, then earned As we learn more about the needs of thorization Act are gone from the Re- his juris doctorate degree from the victims, VAWA has been carefully publican proposal. It is no substitute University of Notre Dame Law School modified to meet those needs. The bi- and does nothing to meet the unmet in 1979. partisan bill that Senator CRAPO and I needs of victims. In 1987, Judge Guaderrama was ap- introduced last year continues that im- portant process. The Republican sub- Mr. GRASSLEY. Mr. President, this pointed as the first chief public de- afternoon we are considering two nomi- fender of El Paso County and continued stitute amendment does not. The Leahy-Crapo bill is based on nations for U.S. district judge positions in that service until he was elected to in Texas. Gregg Jeffrey Costa is nomi- the 243rd Judicial District Court in months of work with survivors, advo- cates, and law enforcement officers nated to serve in the Southern District 1995. As a testament to his service to of Texas, while David Campos the El Paso community, Judge from all across the country. We lis- tened when they told us what was Guaderrama is nominated to serve in Guaderrama has served as a U.S. mag- the Western District of Texas. Again, istrate judge for the U.S. District working and what could be improved. We took their input seriously, and we we are moving forward under the reg- Court for the Western District for the ular order and procedures of the Sen- last 2 years. carefully drafted our legislation to re- spond to those needs. We made addi- ate. With today’s nomination, we will During his three decades serving in tional modifications and reached care- have confirmed 80 judicial nominees the Texas legal system, Judge fully crafted compromises through during this Congress. With the con- Guaderrama has earned many acco- what was an open process. We also firmations today, the Senate will have lades for his help and leadership in ini- shared our draft with Senators from confirmed more than 75 percent of tiating and enacting several successful both sides of the aisle and proceeded President Obama’s judicial nomina- judicial programs in west Texas. He openly to introduce the bill so that it tions. has demonstrated a strong commit- could be reviewed and improved as the While we are making progress in the ment to the El Paso community, and I Judiciary Committee considered and Senate, we continue to hear complaints am confident he will serve on the Fed- voted on it. about the vacancy rate. I will again re- eral bench well and I support his nomi- Senator CRAPO and I purposely avoid- mind my colleagues that of the 81 va- nation. ed proposals that were extreme or divi- cancies, more than 58 percent of these I would also say Senator CORNYN also sive and selected only those proposals vacancies have no nominee. supports these two judges. Of course, that law enforcement and survivors These nominations came to the com- Senator CORNYN sits on the Judiciary and the professionals who work with mittee with the support of home State Committee. Our judicial evaluation crime victims every day told us were Senators. They were reported out of committee, which is bipartisan, has essential. Our reauthorization bill is committee by voice vote. These nomi- served so well to give us the highest supported by more than 1,000 Federal, nees have exceptional records and dem- quality nominees on the bench, and our State, and local organizations. They onstrate the type of consensus nomina- committee did select both these nomi- include service providers, law enforce- tions that can be confirmed, even in a nees as their first choices after their ment, religious organizations, and Presidential election year. interviews and input from the legal many, many more. There is one pur- Mr. Costa received his B.A. degree in community in both El Paso and Hous- pose and one purpose only for the bill 1994 from Dartmouth College. He grad- ton, which includes the Galveston part that Senator CRAPO and I introduced, uated from the University of Texas of the district. and that is to help and protect victims School of Law in 1999. After law school, These nominations have been well of domestic and sexual violence. Our Mr. Costa clerked for the Honorable A. vetted. They have been supported by legislation represents the voices of mil- Raymond Randolph on the DC Court of both sides of the aisle, and we are very lions of survivors and their advocates Appeals from August 1999 to July of pleased to put forward these two qual- all over the country. 2000 and then for Chief Justice ity nominees. Senator CORNYN as well The same cannot be said for the Re- Rehnquist from July 2001 to July 2002. is very strongly in support of them. publican proposal brought forward in Between his two clerkships, he worked With that, I yield the floor, and I these last couple of days. That is why as a Bristol Fellow in the United suggest the absence of a quorum. the Republican proposal is opposed by States Department of Justice, Office of The PRESIDING OFFICER. The so many and such a wide spectrum of the Solicitor General. clerk will call the roll. people and organizations. In 2002, Mr. Costa joined the law firm The assistant legislative clerk pro- The National Task Force to End Sex- Weil Gotshal & Manges as an associate. ceeded to call the roll. ual and Domestic Violence Against During his time at the firm, Mr. Costa

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.025 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2761 handled civil litigation matters includ- served as chairman of a subcommittee riod for debate only on S. 1925 be ex- ing intellectual property, class actions, that oversaw reform of the jury selec- tended until 2:30 p.m. today, with the international arbitration, bankruptcy, tion process that implemented mailing time equally divided between the two and general commercial disputes. Mr. jury qualification questionnaires to po- leaders or their designees and that I be Costa also worked on appellate matters tential jurors. He also piloted a pro- recognized at 2:30 p.m. today. and a few pro bono cases as well. gram to use video conference tech- The PRESIDING OFFICER. Without In 2005, he joined the U.S. Attorney’s nology to conduct arraignments. objection, it is so ordered. Office for the Southern District of In 2008, Judge Guaderrama was an Under the previous order, the ques- Texas, Houston office, as an assistant unsuccessful candidate for justice, tion is, will the Senate advise and con- U.S. attorney. Mr. Costa has worked in Eighth Court of Appeals of Texas. In sent to the nomination of David the criminal division of the office in 2010, he was appointed by the U.S. Dis- Campos Guaderrama, of Texas, to be the major offenders and major fraud trict Court of the Western District of United States District Judge for the sections, investigating and prosecuting Texas to serve an 8-year term as a U.S. Western District of Texas? matters in the areas of mortgage fraud, magistrate judge. He has an ABA rat- The nomination was confirmed. investment fraud, securities fraud, pub- ing of majority ‘‘well qualified’’, mi- The PRESIDING OFFICER. Under lic corruption, Internet fraud, human nority ‘‘qualified.’’ the previous order, the motions to re- trafficking, child pornography, and The PRESIDING OFFICER. The consider are considered made and laid narcotics and firearms violations. As question is, Will the Senate advise and upon the table. The President will be an AUSA, Mr. Costa also has handled consent to the nomination of Gregg immediately notified of the Senate’s numerous appellate matters before the Jeffrey Costa, of Texas, to be United action. U.S. Court of Appeals for the Fifth Cir- States District Judge for the Southern f cuit. District of Texas. LEGISLATIVE SESSION In addition to prosecuting cases for Mr. LEAHY. I ask for the yeas and The PRESIDING OFFICER. Under the office, Mr. Costa serves as the dep- nays. the previous order, the Senate will re- The PRESIDING OFFICER. Is there a uty international affairs coordinator sume legislative session. for the U.S. Attorney’s Office. In this sufficient second? capacity, he helps coordinate incoming There appears to be a sufficient sec- f and outgoing requests on behalf of the ond. VIOLENCE AGAINST WOMEN REAU- Governments of Malaysia, Turkey, Co- The clerk will call the roll. THORIZATION ACT OF 2011—Con- lumbia, Greece, France, and the United The assistant legislative clerk called tinued Kingdom. Mr. Costa also helps and pro- the roll. The PRESIDING OFFICER. The Sen- vides guidance to other AUSAs on ex- Mr. KYL. The following Senator is ator from Connecticut. tradition matters. And in 2005, after necessarily absent: the Senator from Mr. BLUMENTHAL. I rise today to Hurricanes Katrina and Rita, Mr. Costa Illinois (Mr. KIRK). speak on an issue that is profoundly served as the hurricane fraud coordi- The PRESIDING OFFICER (Mrs. important and meaningful to this body nator for his office that investigated HAGAN). Are there any other Senators at this moment in history. We face a fraud cases relating to the Hurricanes. in the Chamber desiring to vote? critical juncture in our Nation’s his- Mr. Costa’s office prosecuted more The result was announced—yeas 97, tory, and we absolutely must renew than 100 individuals for crimes such as nays 2, as follows: and strengthen the Violence Against government-benefit fraud, identify [Rollcall Vote No. 83 Ex.] Women Act, not only for the sake of theft offenses, charitable fraud, and in- YEAS—97 women but also our families around vestment fraud. Akaka Gillibrand Murkowski Connecticut and this country. The ABA Standing Committee on the Alexander Graham Murray I thank my colleagues for voting to Federal Judiciary gave him a unani- Ayotte Grassley Nelson (NE) proceed to consideration of S. 1925, the Barrasso Hagan Nelson (FL) mous rating of ‘‘well qualified.’’ Baucus Harkin Paul Violence Against Women Reauthoriza- We are also considering the nomina- Begich Hatch Portman tion Act. VAWA is critically impor- tion of David Campos Guaderrama, Bennet Heller Pryor tant. It is bipartisan legislation that Bingaman Hoeven Reed nominated to be U.S. district judge for Blumenthal Hutchison gives victims of domestic violence and Reid the Western District of Texas. After Blunt Inhofe Risch sexual assault access to the services graduation from Notre Dame Law Boozman Inouye they so desperately need. This crucial Boxer Isakson Roberts School, Judge Guaderrama worked as a Brown (MA) Johanns Rockefeller law supports both the organizations solo practitioner from December 1979 Brown (OH) Johnson (SD) Rubio that provide these services and the law to August 1980. He then formed a part- Burr Johnson (WI) Sanders enforcement agencies that assist the Schumer nership practice with his then wife. His Cantwell Kerry victims as they pursue justice. Cardin Klobuchar Sessions practice focused on defending individ- Carper Kohl Shaheen As a law enforcement official, I saw uals in criminal cases, but he also han- Casey Kyl Shelby firsthand in my duties as State attor- dled some general civil, probate, and Chambliss Landrieu Snowe ney general for Connecticut how im- workers’ compensation cases during Coats Lautenberg Stabenow portant and practical and meaningful Coburn Leahy Tester this time. In 1987, he was appointed to Cochran Levin Thune this law is. We have a responsibility to serve as El Paso County’s first public Collins Lieberman Toomey not only authorize but also to defender and was charged with starting Conrad Lugar Udall (CO) strengthen VAWA right away. Coons Manchin Udall (NM) up and developing an office that would Corker Some 17 years have passed since the McCain Vitter be capable of handling at least 50 per- Cornyn McCaskill original Violence Against Women Act. Warner Crapo McConnell cent of all indigent felony cases. Webb We have made great strides, but we In November 1994, Judge Guaderrama Durbin Menendez cannot be complacent in our efforts to Enzi Merkley Whitehouse was elected judge of the 243rd Judicial Feinstein Mikulski Wicker protect our Nation’s children and District Court of Texas. He was elected Franken Moran Wyden women. At a time when the women of for a 4-year term and subsequently re- NAYS—2 our great Nation face relentless at- elected on four occasions. During his tacks on their rights, we cannot afford DeMint Lee term as a Texas District Court judge, to lose the ground we have gained over he was instrumental in establishing NOT VOTING—1 the last 17 years. We must address the the 243rd Drug Court Program and Ac- Kirk grave concerns of domestic violence cess to Recovery Program. Both pro- The nomination was confirmed. and sexual assault which are in no way grams are aimed at helping rehabili- The PRESIDING OFFICER. The ma- partisan. As Chairman LEAHY so elo- tate defendants guilty of minor drug jority leader. quently and powerfully stated, there is offenses through counseling and super- Mr. REID. Madam President, I ask nothing Republican or Democratic vision, rather than incarceration. Also unanimous consent that when the Sen- about a victim who suffers from this while on the 243rd Judicial District he ate resumes legislative session, the pe- grave ill.

VerDate Mar 15 2010 05:58 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.036 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2762 CONGRESSIONAL RECORD — SENATE April 26, 2012 S. 1925 is a bipartisan bill written domestic abuse. This provision gives tion, a great tribal nation in Con- over months of negotiations and con- law enforcement the ability to go after necticut, have appealed to me to pro- sultations with critical law enforce- more real instances of criminal harass- tect the tribal provisions in S. 1925 and ment and victims advocacy groups, and ment and abuse online, and I want to to make sure any amendments are it supports a number of organizations stress at the same time the provision barred if they weaken those protec- in my home State of Connecticut with dramatically strengthens free speech tions. a mission to protect women who expe- protections. In short, all victims of domestic vio- rience violence in all forms. This bill Currently, the government can pros- lence deserve access to the services provides resources to help a number of ecute individuals for merely annoying they need and many of my colleagues I organizations in Connecticut fulfill online communications as well as com- know agree. In fact, 61 from both sides their vital mission to protect more munications that may be generally of- of the aisle have signed on to the Vio- than 54,000—I am going to repeat that fensive but not directed at a specific lence Against Women Reauthorization because that is a staggering number— person. This provision removes those Act, and I thank every single one of 54,000 domestic violence victims in authorities from the law so that pros- them for stepping forward and speak- Connecticut alone. ecutors will spend their limited re- ing out on this profoundly meaningful Organizations in Connecticut re- sources focusing on real causes of and important issue. We have the op- ceived nearly $5 million in fiscal year harassing and abusive conduct online. portunity to work to eliminate domes- 2011 from the Violence Against Women The law also focuses on vulnerable tic and sexual violence, which is a Act. But many domestic programs in populations. As we strengthen VAWA, scourge in our society, costly in suf- Connecticut and around the country we must ensure that all victims of do- fering as well as dollars, and I encour- are reporting huge staff and resource mestic violence are protected and have age my colleagues to keep faith with shortages that are necessary to re- access to the services they need. the hundreds of thousands of victims spond to the hundreds of thousands of Although VAWA has been strength- who look to us for the support they women in need. It is truly an epidemic ened and updated in every past reau- need. We must vote as soon as pos- in this country that we must counter thorization, the needs of some of our sible—hopefully today—to reauthorize and fight just as we would an epidemic most vulnerable communities still the Violence Against Women Act. of infectious bacteria or other kinds of have not been fully addressed. One ex- I thank the Presiding Officer, and I insidious sources. VAWA would give ample is elder abuse. Although the yield the floor. these service providers the resources VAWA reauthorization in 2000 included The PRESIDING OFFICER (Mrs. they need to protect women, men, and provisions to deal with domestic abuse SHAHEEN). The Senator from Iowa. children who are victims of domestic in later life, our Nation’s elders con- Mr. GRASSLEY. Madam President, I and sexual violence. We have the op- tinue to be victims of domestic vio- have seen the good the law called the Violence Against Women Act has done portunity to renew and commit to end lence. I am pleased that the provisions in providing victim services in my domestic violence with updates and I drafted with my distinguished col- State of Iowa. We all recognize the stronger measures in this act. league, Senator KOHL, which improve harm that flows from domestic vio- I am pleased that S. 1925 builds on the protections for elder victims of do- lence. It is harmful to the victims as the accountability provisions in the mestic abuse, have been included in current law so we can make sure well as the families of victims. this reauthorization of VAWA. I have supported reauthorization of VAWA grant money is used effectively There are LGBT protections. It the Violence Against Women Act each and efficiently to support victims. would simply be unconscionable to time it has come up. The Violence There is a new frontier in the fight deny any victim of domestic violence Against Women Reauthorization on against domestic violence and sexual the support he or she needs. For that each of these occasions has been highly assault. We must strengthen provisions reason, I strongly support the provi- bipartisan. We have passed consensus dealing with Internet abuse to protect sions that ensure all victims of domes- bills and we have not played politics women and others from those kinds of tic violence, regardless of gender or with reauthorizing the law; that is, threats, intimidation, harassment, sexual orientation, have access to life- until now. This time it seems to be dif- even physical assaults facilitated by saving services, and we are talking ferent. I don’t know why it should be. the Internet. Domestic violence, sexual about lifesaving services. The majority turned this issue into a assault, and stalking can be even more In my experience nobody ever asked partisan issue. dangerous and threatening in the what the sexual orientation of a victim In the Judiciary Committee, the ma- Internet age, requiring broader and was when that person was, in fact, bat- jority gave no notice it would inject stronger protection. We must protect tered and brutalized. There is no such new matters into the Violence Against the thousands of women who fall vic- question that gay, lesbian, bisexual, Women Act. When the committee held tim every year to violent crimes facili- and transgender individuals experience a hearing on this issue, these ideas tated by cyber stalking and imperson- domestic violence at the same rate as were not discussed. Their need has not ation with consequences that are truly the general population. Yet these indi- been demonstrated. We do not know ex- horrific and reprehensible. viduals face discrimination as they at- actly how they will work. It was clear I am proud to introduce a companion tempt to access victims services. That committee Republicans would not be bill to the Violence Against Women should not be acceptable in this coun- able to agree to this new added mate- Act that enhances current law for the try. rial. Of course, the majority refused Internet age. This legislation, the In fact, the survey found 45 percent during negotiations when we asked Internet Abuse Act, expands the ability of LGBT victims were turned away they be removed. of law enforcement to prosecute crimi- when they sought help from a domestic Republicans will be offering a sub- nals who use the Internet to intimi- violence shelter. Clearly, there is a real stitute amendment to the Leahy bill. date, threaten, harass, and facilitate need to improve the access and avail- Probably 80 to 85 percent of the sub- acts of sexual violence against women, ability of services for this vulnerable stitute we are offering is the same as children, and others. population, and I support measures in the Leahy bill. This includes whole ti- The VAWA proposal before us in- the act that ensure victims of domestic tles of the bill. We could have again cludes key concepts from the Internet and sexual violence, regardless of their reached a near consensus bill to reau- Abuse Act. One of the key provisions sexual orientation or gender identifica- thorize the Violence Against Women strengthens existing criminal provi- tion, can access the services they need. Act, but the majority intentionally de- sions against cyber stalking. We must In addition, there are broader protec- cided not to change the bill. They take this act to the new frontier of tions for Native American commu- didn’t want it to pass with an over- Internet abuse and make it real nities. S. 1925 makes great improve- whelming bipartisan majority. against the very pernicious and rep- ments to the law enforcement tools Now the media has reported this was rehensible cyber stalking, cyber har- available to Native American popu- a deliberate strategy of the majority. A assment, and cyber assault that is as lations. Members of the Tribal Council recent Politico article quoted a promi- much a fact of life as the older forms of of the Mashantucket Pequot Tribal Na- nent Democratic Senator. The article

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.028 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2763 said he ‘‘wants to fast track the bill to ternative bill and pointing out the than $100 million in new direct spend- the floor, let the GOP block it, then flaws in the majority’s bill, this should ing. That will increase the deficit by allow Democrats to accuse Republicans be a relatively short process. As the that same amount. The reason is the of waging a war against women.’’ This previous speaker said, I hope we can immigration provisions that we said is the cynical, partisan game-playing get it done this very day. previously were nonstarters. These Americans are sick of. At every town There are several other important were some of the provisions the major- meeting people say to me: When are points I wish to establish. First, I hope ity refused to take out. Those provi- you going to get together and stop the a consensus version of the Violence sions are bad immigration policy. partisanship? This is especially the Against Women Act will be reauthor- Nonetheless, I am glad the majority case on this bill. ized. If a consensus bill doesn’t pass, no has now found an offset for this spend- Republicans aren’t even blocking the rights of women or anyone else will be ing. bill. We have called for the bill to be affected if the bill does not pass be- The Republican alternative does brought up. Instead, the majority has cause, contrary to the statements more to protect the rights of victims of taken 6 months to reauthorize this pro- made, there would be no cutbacks of domestic violence and sex crimes than gram that expired last October. That services. does, in fact, the majority bill. There says something about the priorities of The Violence Against Women Act— are many ways in which this substitute the other party. the bill before us—is an authorization does that. Under the substitute amend- For instance, last week, we wasted bill only, not an appropriations bill. ment, more money goes to victims and time on political votes. That seems to This bill does not allow the expendi- less to bureaucrats. It requires that 10 be the case in the Senate most of this ture of one dime because that result percent of the grantees be audited year. The Senate can pass a bill to re- occurs through the appropriations every year. This is to ensure taxpayer authorize the Violence Against Women process. Appropriators can and will funds are actually being used for the Act by an overwhelming margin, but it fund the Violence Against Women Act purpose of the legislation—to combat seems as though the other party programs regardless of whether this domestic violence. doesn’t want that to happen. When bill is reauthorized. This is exactly This is a very important point. The they say unfavorable things about Re- what happened over the past year. We Justice Department inspector general publicans and women, they aren’t think new issues have arisen since the conducted a review of 22 grantees under being forthright. A few weeks ago, the last Violence Against Women Act reau- this law between 1998 and 2010. Of these Democratic Congressional Campaign thorization. These issues should be ad- 22 audits, 21 were found to have some Committee sent out a fundraising e- dressed in a consensus reauthorization. form of violation of grant require- mail. The e-mail stated, in part: That can happen. We should give guid- ments. The violations range from un- Now, there are news reports that Repub- ance to the appropriators. That is what authorized and unallowable expendi- licans in Congress will oppose re-authorizing authorization committees, such as in tures to sloppy recordkeeping and fail- the Violence Against Women Act. Enough is this case, the Judiciary Committee, is ure to report in a timely manner. When enough! The Republican War on Women must all about. this happens, the money is not getting stop NOW . . . Will you chip in $3 by mid- I support the appropriators con- to the victims and the taxpayers’ night tonight to hold Republicans account- tinuing to fund the Violence Against money is being wasted. able for their War on Women? Women Act while we are trying to put Let me give some examples. In 2010, The majority had a decision between together a consensus bill. The Violence one grantee was found by the inspector raising money for campaigns or trying Against Women Act is being funded de- general to have questionable costs for to get the Violence Against Women Act spite the expiration of its previous au- 93 percent of the nearly $900,000 they reauthorization bill that would actu- thorization. No existing rights of any- received from the Justice Department. ally help these victims. I say to my one are affected if the Violence Against A 2009 audit found that nearly $500,000 colleagues, there is no war on women Women Act is not reauthorized. No ex- of a $680,000 grant was questionable. except the political one. It is a figment isting rights of anyone are affected if The fiscal irregularities continue. An of the imagination of Democratic we pass a consensus bill rather than inspector general audit from just this strategists who don’t want to remem- this partisan bill—I should say the ma- year found that this law’s grant recipi- ber health care reform, unemployment jority’s bill, not the partisan bill. ents in the Virgin Islands engaged in or high gas prices. Instead of talking Second, the majority controls how almost $850,000 in questionable spend- about those issues—particularly high bills move in the Senate. As I said, the ing. Also, a grant to an Indian tribe in gas prices—they would rather make up current Violence Against Women Act Idaho found about $250,000 in improp- a war against women. All evidence reauthorization expired 6 months ago. erly spent funds. This included—can points to the other side being more in- If reauthorization was so important, I my colleagues believe it—$171,000 in terested in raising money. think the majority party could have salary for an unapproved position. The media has also reported the bill moved to reauthorize this bill months In Michigan this year, a woman, at a is coming out now because the Demo- ago. They didn’t move a bill because no VAWA grant recipient facility, used crats’ desire to gin up a Republican so- one’s substantive rights or funding are grant funds to purchase goods and serv- called war on women was derailed last at stake. This is true, even though the ices for personal use. week, I suppose by other issues. It prior reauthorization has expired and a We should make sure then that Vio- should be clear at the outset Repub- new reauthorization bill has not yet lence Against Women Act money goes licans are not blocking, have not passed. to victims and not to waste such as blocked, and never threatened to block Third, nothing like the majority’s this. That hasn’t been the case, obvi- the Senate’s consideration of this bill. bill, where it does not reflect con- ously, under the current situation. So The Judiciary Committee only re- sensus, will become law. It is a polit- our Republican substitute deals with ported the bill to the Senate 2 months ical exercise. The other body, meaning this spending problem. ago. It was March before the com- the House of Representatives, doesn’t The substitute also prevents grantees mittee filed its usual committee report seem as though it is going to pass it from using taxpayer funds to lobby for to the entire Senate. Democrats imme- the way the majority party here wants more taxpayer funds. That will ensure diately came to the floor and urged the it to pass. If we want to pass a con- that more money is available for vic- bill to come up right now. It was up to sensus violence against women reau- tims’ services. Money that goes to the majority leader to decide when the thorization bill, we ought to start with grantees and is squandered helps no bill should be debated. He finally de- the alternative Senator HUTCHISON and woman or other victims. cided—not right after the bill was re- I are going to present to the Senate. In addition, the Republican alter- ported out of committee or not right Fourth, the majority’s bill, as re- native limits the amount of Violence after the committee report was filed— ported out of committee, was and is fis- Against Women Act funds that can go to do it now. Why not back then? cally irresponsible. According to the to administrative fees and salaries to As long as there is a fair process for Congressional Budget Office, the ma- 7.5 percent. That means money that offering amendments, including our al- jority’s bill would have added more now is over the 7.5-percent suggested

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.029 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2764 CONGRESSIONAL RECORD — SENATE April 26, 2012 limit is going to bureaucrats and not duce the backlog. The substitute re- Service to help them discharge their to victims. Of course, the underlying quires that 70 percent of the funding duty of tracking and apprehending un- bill, the Leahy bill, contains no such would go for that purpose and get rid of registered sex offenders. The Leahy bill limit. If you want the money to go to the backlog sooner. does nothing to help locate and appre- victims and not bureaucrats, those It requires that 1 percent of the hend unregistered sex offenders. overhead expenses should be capped at Debbie Smith Act funds be used to cre- And the substitute cracks down on this 7.5-percent level. ate a national database to track the abuse in the award of U visas for illegal The Republican substitute amend- rape kit backlog. It also mandates that aliens and the fraud in the Violence ment requires that 30 percent of the 7 percent of the existing Debbie Smith Against Women Act self-petitioning STOP grants and grants for arrest poli- Act funds be used to pay for State and process. The majority bill does not in- cies and protective orders are targeted local audits of the backlog. clude any reforms of these benefits, de- to sexual assault. The Leahy-Crapo bill Debbie Smith herself has endorsed spite actual evidence of fraud in the sets aside only 20 percent instead of these provisions. The majority bill has program. that 30 percent to fight sexual assault. no such provisions. Making sure that One of the Senators who recently The substitute Senator HUTCHISON money that is claimed to reduce the came to the floor complained that and I offer—hopefully this afternoon— rape kit backlog actually does so is there had never been controversy in re- requires that training materials be ap- provictim. True reform in the Violence authorizing the Violence Against proved by an outside accredited organi- Against Women Act reauthorization Women Act. But in the past there were zation. This ensures that those who ad- should further that goal. no deliberate efforts to create partisan dress domestic violence help victims Combating violence against women divisions. We always proceeded in the based on knowledge and not ideology. also means tougher penalties for those past in a consensus fashion. This will result in more effective as- who commit these terrible crimes. The Domestic violence is an important sistance to victims. The Leahy-Crapo Hutchison-Grassley substitute creates issue, serious problem. We all recognize bill contains no such requirement. a 10-year mandatory minimum sen- that. In the past, we put victims ahead The Hutchison-Grassley substitute tence for Federal convictions for forc- of politics in addressing it. When the protects due process rights that the ible rape. The majority bill establishes other side says this should not be about majority bill threatens. I will give you a 5-year mandatory minimum sen- politics and partisanship, why, heav- an instance. The majority bill said that tence. That provision is only in there ens, we obviously agree. It is the ma- college campuses must provide for because Republicans offered it and we jority that has now decided they want ‘‘prompt and equitable investigation won that point in our committee. to score political points above assisting and resolution’’ of charges of violence Child pornography is an actual victims. They want to portray a phony or stalking. This would have codified a record of a crime scene of violence war on women because this is an elec- proposed rule of the Department of against women. Our alternative estab- tion year. They are raising campaign Education that would have required lishes a 1-year mandatory minimum money by trying to exploit this issue, imposition of a civil standard or pre- sentence for possession of child pornog- and I demonstrated that in one of the ponderance of the evidence for what is raphy where the victim depicted is e-mails that came to our attention. There could have been a consensus essentially a criminal charge, one that, under 12 years of age. bill before us today, as in the past. if proved, rightly should harm reputa- I believe the mandatory minimum There is controversy now because that tion. But if established on a barely for this crime should be higher. In light is what the majority seems to want. ‘‘more probable than not’’ standard, of the lenient sentences many Federal We look forward to a fair debate on reputations can be ruined unfairly and judges hand out, there should be a this bill and the chance to offer and very quickly. The substitute elimi- mandatory minimum sentence for all vote on our substitute amendment. child pornography possession convic- nates this provision. That amendment contains much that The majority has changed their own tions. But the substitute is at least a is in agreement with the Leahy bill. bill’s language. I thank them for that. start. This is especially true because The substitute also is much closer to I take that as an implicit recognition the majority bill takes no action what can actually be enacted into law of the injustice of the original lan- against child pornography. to protect victims of domestic vio- The alternative also imposes a 5-year guage. lence. The substitute also eliminates a pro- mandatory minimum sentence for the I yield the floor. vision that allowed the victim who crime of aggravated sexual assault. The PRESIDING OFFICER (Mrs. could not prove such a charge to appeal This crime involves sexual assault MCCASKILL). The Senator from Hawaii. if she lost, creating double jeopardy. through the use of drugs or by other- Mr. AKAKA. Madam President, I rise The majority bill also would give In- wise rendering the victim unconscious. today in support of S. 1925, the Vio- dian tribal courts the ability to issue The Leahy bill does nothing about ag- lence Against Women Act reauthoriza- protection orders and full civil juris- gravated sexual assault. The status quo tion of 2011. diction over non-Indians based on ac- appears to be fine for the people who Since its enactment in 1994, VAWA tions allegedly taking place in Indian are going to vote for the underlying has enhanced the investigation and country. bill if the Hutchison-Grassley amend- prosecution of incidents of domestic Noting that the due process clause ment is not adopted. and sexual violence and provided crit- requires that courts exercise jurisdic- Instead, the Hutchison-Grassley ical services to victims and their advo- tion over only those persons who have amendment establishes a 10-year man- cates in court. It has truly been a life- ‘‘minimum contacts’’ with the forum, datory minimum sentence for the line for women across the country, re- the Congressional Research Service has crime of interstate domestic violence gardless of location, race, or socio- raised constitutional questions about that results in the death of the victim. economic status. this provision. The administration and It increases from 20 to 25 years the For these reasons, VAWA’s two prior its supporters in this body pursue their statutory maximum sentence for a reauthorizations were overwhelmingly policy agendas headlong without both- crime where it results in life-threat- bipartisan. This year, however, a num- ering to consider the Constitution. The ening bodily injury to, or the perma- ber of my colleagues are opposing the substitute contains provisions that nent disfigurement of, the victim. Violence Against Women Act reauthor- would benefit tribal women and would It increases from 10 to 15 years the ization because they object to, among not run afoul of the Constitution. statutory maximum sentence for this other things, the authority that it re- We have heard a lot of talk about crime when serious bodily injury to the stores to Native American tribes to how important the rape kit provisions victim results. prosecute those who commit violent in the Judiciary Committee bill are. I The Leahy bill contains none of these crimes against Native women. strongly support funds to reduce the important protections for domestic vi- This bill’s tribal provisions address backlog of testing rape kits. But that olence victims. the epidemic rates of violence against bill provides that only 40 percent of the The substitute grants administrative Native women by enabling VAWA pro- rape kit money actually be used to re- subpoena power to the U.S. Marshals grams to more directly and promptly

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.031 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2765 respond to their concerns and needs. ens research and programs to address First, violent crimes are regulated These tribal provisions are critical to sex trafficking. Since VAWA was en- and enforced almost exclusively by the lives of Native women and doubly acted 18 years ago and reauthorized State governments. In fact, domestic important to me as chairman of the twice since then, a hallmark of the law violence is one of the few activities Senate Committee on Indian Affairs is that it has expanded its protections that the Supreme Court of the United and a Native Hawaiian. to classes of once neglected victims. States has specifically said Congress Native women are 21⁄2 times more Accordingly, S. 1925’s tribal provisions may not regulate under the commerce likely than other U.S. women to be are consistent with VAWA’s history as clause. As a matter of constitutional battered or raped. These are extremely well as its intent and purpose, which policy, Congress should not seek to im- disturbing statistics: 34 percent of Na- past Congresses have embraced. pose rules and standards as conditions tive women will be raped in their life- Last week 50 law professors from for Federal funding in areas where the times and 39 percent will suffer domes- leading institutions across the country Federal Government lacks constitu- tic violence. That is more than one out sent a letter to Congress expressing tional authority to regulate directly. of every three Native women. We must their ‘‘full confidence in the constitu- Second, the strings Congress at- come together to put a stop to this. tionality of the legislation and in its taches to Federal funding in the VAWA Last summer I chaired an oversight necessity to protect the safety of Na- reauthorization restrict each State’s hearing entitled ‘‘Native Women—Pro- tive women.’’ Just this week the White ability to govern itself. Rather than tecting, Shielding, and Safeguarding House released a Statement of Admin- interfering with State and local pro- Our Sisters, Mothers, and Daughters.’’ istration Policy stating that it strong- grams under the guise of spending Fed- I heard the heartbreaking stories that ly supports these provisions, which will eral tax dollars, Congress should allow lie behind the grim and troubling sta- ‘‘bring justice to Native American vic- States and localities to exercise their tistics on violence against American tims.’’ rightful responsibility over domestic Indian, Alaska Native, and Native Ha- I commend Chairman LEAHY for his violence. State and local leaders should waiian women. dedicated leadership in developing this have flexibility in enforcing State law My committee heard from the chief bill. He has truly worked in the spirit and tailoring victim services to the in- of the Catawba Nation, who gave a of aloha by partnering with the Indian dividualized needs of their commu- moving account of his experience grow- Affairs Committee and other offices to nities, rather than having to comply ing up with domestic violence and the craft a VAWA reauthorization bill that with one-size-fits-all Federal require- impact it had on the women and chil- reasserts VAWA’s intent, purpose, and ments. dren in his community. He also spoke history. Third, even if the Federal Govern- of the importance of reauthorizing I would also like to say mahalo— ment had a legitimate role in admin- VAWA. thank you—to each of this bill’s other istering VAWA grant programs, the We heard from officials who de- bipartisan cosponsors. As we all know, current reauthorization fails to address scribed how existing laws are failing domestic and sexual violence continues many instances of duplication and Native women. We heard, for example, to occur, and far too many women overlap among VAWA and other pro- that women in tribal communities live across the country are victims of these grams operated by the Department of in a confusing and dangerous jurisdic- horrible acts. We have heard from vic- Justice and by the Department of tional maze, in which the absence of tims, from service providers, and from Health and Human Services, nor does it clear lines of authority often leads to law enforcement that these crimes can address the grant management failings offenders, many of whom are non-Na- leave victims with lasting emotional by the Government Accountability Of- tive men, escaping investigation and and physical scars, while endangering fice. prosecution, to say nothing of punish- their security, their families, and their My opposition to the current VAWA ment. This outrageous and unaccept- lives. reauthorization is a vote against big able situation has led to repeated of- This bill will strengthen the Violence government and inefficient spending fenses against Native women that too Against Women Act and extend its pro- and a vote in favor of State autonomy often spiral into violence with tragic tections to include Native women who and local control. We must not allow a consequences for the women, their chil- are underserved in the current system. desire by some to score political points dren, and their communities. This is not an issue that should di- and an appetite for Federal spending to My committee also heard that Native vide us along partisan lines. On the prevent States and localities from effi- women are being increasingly targeted contrary, it should unite us to take a ciently and effectively serving women by the sex-trafficking industry and stand against these awful crimes. So I and other victims of domestic violence. that many have, according to police re- urge you to join me and the rest of S. ports in tribal communities across the 1925’s cosponsors to protect our sisters, The PRESIDING OFFICER. The Sen- country, simply vanished into this ter- mothers, and daughters and pass this ator from Minnesota. rible underworld. The draft bill to ad- bill. Mr. FRANKEN. Madam President, dress violence against Native women I yield the floor. when my wife Frannie and I decided was circulated to a wide range of The PRESIDING OFFICER. The Sen- that I should run for the Senate, we stakeholders for feedback. This led to ator from Utah. were greatly influenced by the example strengthened provisions in the draft Mr. LEE. Madam President, I rise to set by Senator Paul Wellstone and his bill which I introduced as S. 1763, the speak about our Constitution’s Fed- wife Sheila. The Wellstone example Stand Against Violence and Empower eralist structure and the real danger of serves as a constant reminder of what Native Women Act. the Federal Government unduly inter- public service is all be about. It is The Senate Committee on Indian Af- fering with the ability of States and lo- about helping others. It is about giving fairs held a legislative hearing on my calities to address activities and con- a voice to those who otherwise might bill the following month and then re- cerns in their communities. go unheard. It is about making the law ported it out of the committee in De- Everyone agrees that violence more just and more fair, especially for cember. against women is reprehensible. The those who need its protections the Since then, I have worked closely Violence Against Women Act reauthor- most. with my good friend and colleague Sen- ization had the honorable goal of as- Frannie and I have a personal respon- ator LEAHY, chairman of the Judiciary sisting victims of domestic violence, sibility to carry on the Wellstones’ leg- Committee, as we developed S. 1925, but it oversteps the Constitution’s acy. We all do. And you know what, I which now includes the SAVE Native rightful limits on Federal power. It think Paul and Sheila would be proud American Women Act. S. 1925’s tribal interferes with the flexibility of States of what we are doing here today. We provisions empower tribal courts to and localities that they should have in are on the verge of reauthorizing the prosecute crimes of domestic violence, tailoring programs to meet particular Violence Against Women Act. dating violence, or violations of protec- needs of individual communities, and it Paul and Sheila were extraordinary tion orders regardless of the race of the fails to address problems of duplication people. An unlikely couple, Sheila was alleged abuser. This bill also strength- and inefficiency. born in Kentucky to Southern Baptist

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.032 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2766 CONGRESSIONAL RECORD — SENATE April 26, 2012 parents. Paul was born here in Wash- Federal law that affirmed our Nation’s evidence such as fingerprints from a ington, the son of Russian-Jewish im- commitment to women’s safety. crime scene? Of course not. We should migrants. But love and fate—they work Signed into law in 1994, VAWA in- not require victims of sexual assault to in mysterious ways—brought Paul and creased the number of beds and shel- pay for rape kits. This isn’t a partisan Sheila together. ters that were available to women who issue; it is common sense. Sheila’s family moved to Wash- needed refuge. It provided critical sup- I am grateful to Senator CHARLES ington, where she and Paul became port to law enforcement officers and GRASSLEY, the Judiciary Committee’s high school sweethearts. Paul went to prosecutors so they could respond more ranking member, for his ongoing sup- North Carolina for college, and Sheila effectively to incidents of domestic vi- port for this bill. He was an original co- went back to Kentucky. But a fresh- olence. It funded support services and sponsor when I introduced it in 2009 man year apart was more than they crisis centers for victims. And perhaps and when I reintroduced it last year. could bear. Sheila moved to North most importantly, VAWA sent a mes- Survivors of sexual violence have en- Carolina to be with Paul. They got sage: Domestic violence no longer will dured enough already. They should not married. A year later they were proud be tolerated in America. Since VAWA have to pay for rape kits. They will not parents. They eventually would have was enacted, incidents of domestic vio- have to once this bill becomes law. two more children. The Wellstones lence have been reduced significantly. The VAWA reauthorization bill also were a big happy family. VAWA has improved lives. It has saved includes the Housing Rights for Vic- After Paul earned his Ph.D. in polit- lives. It is part of the Wellstones’ proud tims of Domestic and Sexual Violence ical science, the Wellstones moved to legacy. Act, legislation that I introduced with Minnesota, where Paul had a successful VAWA is part of this institution’s Senators COLLINS and MIKULSKI last teaching career at Carleton College. legacy too. When it comes to violence fall. This bill will help women stay in Sheila, meanwhile, worked two jobs: against women, Members of the Senate their homes when they are most vul- She was a full-time mother and a part- always have been able to come to- nerable, when they need a roof over time library aide. gether. VAWA has been reauthorized their heads the most. A happy family life in Minnesota twice. Both times it had unanimous The link between violence and home- would have been enough for most peo- support in the Senate—unanimous sup- lessness is undeniable. By one account, port. The VAWA reauthorization bill ple but not for Paul and Sheila. Their nearly 40 percent of women who experi- we are considering today is in keeping compassion knew no limits. They ence domestic violence will become with VAWA’s bipartisan tradition. Its wanted to make the world a better homeless at some point in their lives— 61 cosponsors come from across the place for others, and they set out to do nearly 40 percent. Once a woman be- country and across the aisle. just that. Paul ran for public office. He comes homeless, she becomes even I am grateful to Senators LEAHY and and Sheila worked as a team during more vulnerable to physical or sexual CRAPO for their leadership on this bill. Paul’s Senate campaign, as they did in abuse. The VAWA Reauthorization Act re- In my State nearly one in three all aspects of their lives. Paul’s oppo- news our national commitment to pre- nent outspent him by a large margin, homeless women is fleeing domestic vi- vent responsive incidents of sexual as- olence, and half of those women have but what Paul and Sheila lacked in re- sault, a heinous crime that remains all sources they made up for in grassroots children with them. That is not the too common in America, even while do- world that Sheila Wellstone envi- support, a tireless work ethic, and an mestic violence is becoming less com- unparalleled commitment to the people sioned. Nobody should have to choose mon. between safety and shelter. While the of Minnesota, and also quite a bit of The VAWA Reauthorization Act ad- link between violence and homeless- charm. Improbable as it must have dresses the alarming rates of violence ness is undeniable, it is not unbreak- seemed at the outset, Paul won. He was against women in Indian Country by able. We need shelters and transitional elected to the Senate in 1990. So the giving tribes jurisdiction to prosecute housing programs for women who are Wellstones went to Washington, the acts of domestic violence in their com- city where they first fell in love. munities. The VAWA Reauthorization fleeing danger. The VAWA reauthoriza- At the time, Sheila was not really a Act cuts redtape and spending by con- tion bill provides continued support for public figure—at least she did not view solidating grant programs and improv- those programs. There is also much we can do to pre- herself as such. In fact, Sheila was a ing accountability measures. bit shy, and she avoided public speak- This is a good bill, and I am proud to vent women from becoming homeless ing when she could. But Sheila started support it. I am also proud to have in the first place, such as housing spending time at women’s shelters in written two of its provisions. I thank rights legislation, which will make it Minnesota and elsewhere, listening to Chairman LEAHY for inviting me to do unlawful to evict from federally sub- painful stories about domestic violence so and for including those provisions in sidized housing a woman just because and assault. She realized there were a the final bill. she is a victim of domestic violence, lot of women across the country who First, the VAWA reauthorization bill dating violence, sexual assault, or needed a voice, who needed someone to includes the provision from the Justice stalking. This bill is for every woman speak up for them. Sheila set out to be- for Survivors of Sexual Assault Act, who has hesitated to call the police to come that person. one of the first bills I wrote after being enforce a protective order because she Here is what she said: sworn into the Senate. When this bill was afraid she would be evicted from becomes law, survivors of sexual as- her home if she did so. I have chosen to focus on domestic vio- I am grateful to the many wonderful lence because I find it appalling that a wom- sault never again will suffer the indig- an’s home can be the most dangerous, the nity of paying for forensic medical organizations that have worked with most violent, and, in fact, the most deadly exams. VAWA provides State and local me on this bill. They include women’s place for her. And if she is a mother, it is governments with funding to admin- victims advocacy groups such as the dangerous for her children. It is time that we ister these exams, which also are Minnesota Coalition Against Sexual tell the secret. It is time that we all come known as rape kits, and are used to Assault, the MNCASA, and the Min- together to work toward ending the violence. collect evidence in sexual assault nesota Domestic Abuse Project. They Sheila matched her words with ac- cases. The problem is that under cur- include tenant advocacy groups such as tion. She became a champion for sur- rent law, grant recipients can charge the National Low-Income Housing Coa- vivors of domestic violence in Min- the survivor for the upfront cost of ad- lition. They include the Legal Aid So- nesota and throughout the country. ministering the exam, leaving the sur- ciety, Minnesota Legal Assistance, and Each year, she hosted an event in the vivor to seek reimbursement later. Too they include leaders of the housing in- Capitol to raise awareness about that often survivors are not reimbursed. dustry too. In fact, I recently received issue. That annual event continues to They get lost in the maze of paperwork a letter from the National Association this day. And as I said, Sheila and Paul or are left high and dry when funds run of Realtors, the Institute for Real Es- were a team, so Sheila worked very out. tate Management, and other housing closely with Paul to champion the Vio- Can you imagine if we required crime industry representatives expressing lence Against Women Act, a landmark victims to pay for the police to gather their support for this bill.

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.033 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2767 They wrote that they ‘‘believe that reduced domestic violence by more people of West Virginia, I know this is preserving housing for victims of do- than 50 percent through the critical the highest of priorities. Of course, mestic violence, dating violence, sex- programs it funds. Still, violence these atrocities are not unique to my ual assault, and stalking is critically against women and children is a terri- State. Nationally, domestic violence important.’’ fying reality in this country. accounts for 22 percent of the violent I could not agree more. That is ex- Let me share with you some startling crimes experienced by women and 3 actly what this bill does. statistics that illustrate the scope of percent of the violent crimes against Sheila Wellstone isn’t with us today. the problem. men. Sheila and Paul and their daughter According to the West Virginia Foun- Approximately 37 percent of the Marcia were tragically taken from us dation for Rape Information and Serv- women seeking injury-related treat- too soon. But Sheila’s example is with ices—our State’s sexual assault coali- ment in hospital emergency rooms us, her legacy is with us, and her words tion—one in six women in West Vir- were there because of injuries inflicted are with us. I would like to close with ginia will be a victim of attempted or by a current or former spouse or part- those. Here is what Sheila said: completed rape. ner. In tough economic times—like We really have to look at the values that According to the West Virginia Coali- those we are experiencing now—women guide us. We have to work toward the ethic tion Against Domestic Violence, on are more likely to become a victim of that expects every individual to be phys- any given day, licensed domestic vio- ically and emotionally safe. No one, regard- domestic violence. less of age, color, gender, background, any lence programs in West Virginia pro- According to the National Network other factor, deserves to be physically or vide services to nearly 600 women, chil- to End Domestic Violence, domestic vi- emotionally unsafe. In a just society, we dren, and men. olence is more than three times as pledge to act together to ensure that each Every 7 minutes a call is made to a likely to occur when couples are expe- individual is safe from harm. In a just soci- domestic violence hotline in West Vir- riencing high levels of financial strain ety, I think we have to say this over and ginia. One-third of homicides in West as when they are experiencing low lev- over and over: We are not going to tolerate Virginia are related to domestic vio- els of financial strain. Women whose the violence. lence. More than two-thirds of women male partners experienced two or more Madam President, the VAWA reau- murdered in West Virginia are killed periods of unemployment over a 5-year thorization bill is another step toward by a member of their family or their study were almost three times as like- a more just society, as Sheila was de- household. ly to be victims of intimate violence as scribing. I look forward to it becoming In 2010, there were 11,174 investiga- were women whose partners had stable law. tions into domestic violence allega- jobs. The PRESIDING OFFICER. The Sen- tions in West Virginia, which required Seventy-three percent of shelters at- ator from West Virginia. 272,450 hours of law enforcement in- Mr. MANCHIN. Madam President, I tributed the rise in abuse to ‘‘financial volvement. This legislation is a fight rise today with the surest conviction issues.’’ ‘‘Stress’’ and ‘‘job loss’’ were on behalf of the women whose stories that this body—united as a group of also frequently cited as causing the in- are contained in those numbers but Democrats and Republicans—can and crease of victims seeking shelter. It whose lives are invaluable and more will vote to ensure the women and chil- goes on and on. important than any statistic could dren of this country are free from do- All we are asking for is to make this ever hope to portray. No one can better mestic abuse. I believe that opposing a nonpartisan issue—come together as speak to the importance of the Vio- the bill before us would defy every Americans, as Senators, not worrying ounce of common sense I have in my lence Against Women Act than the about political differences. This is one body. groups whose work each and every day bill that brings us all together for a I am a proud sponsor of the Violence is improved because of the programs common cause—a most decent cause— Against Women Act, as are most of my supported by the law. and something that is needed in Amer- colleagues in this body, because it is Growing up in a small community, as ica. unfathomable that any individual I did in Farmington, WV, in a loving I urge the support of all of my col- could oppose efforts to ensure women family, violence against women and leagues. Please support this. Let’s and children are free from violence. children was unfathomable. I would not come back together as Americans. The bill we are currently considering even have thought it. The most beau- I yield the floor. would reauthorize several essential tiful people in my life were my mother, The PRESIDING OFFICER. The Sen- grant programs that have made a tre- my grandmother, my sister, my aunts, ator from North Carolina. mendous difference in my State of and my cousins. They were the most Mrs. HAGAN. Madam President, I West Virginia and across this Nation. beautiful people I could have hoped to rise to join my colleagues in calling for Here is what I have heard from the grow up with. My grandmother—we passage of the Violence Against Women West Virginia Coalition Against Do- call her Mama Kay—had been the glue Reauthorization Act. I am disheart- mestic Violence Team Coordinators to our family and kept it together, and ened that in the last several months Sue Julian and Tonia Thomas: she really kept the community to- petty, partisan gamesmanship has held The Violence Against Women Act is the gether. She was a symbol of strength up this legislation. most critical piece of federal legislation af- to whom others would turn for a place Since VAWA originally passed on a fecting the safety of survivors of domestic to stay or a hot meal in times of trou- bipartisan basis in 1994, the annual in- violence and their children in every county ble. cidence of domestic violence has de- of West Virginia. [The law] supports cost-ef- We celebrated and admired the creased by 53 percent. Many victims fective responses to the pervasive and insid- women who raised us and those around are now reporting incidents of abuse ious crimes of domestic violence. VAWA rather than hiding in fear. Reports of funds innovative, successful programs that us. We thanked them and loved them are at the core of our nation’s response to and showed them appreciation and re- abuse have increased by 51 percent. domestic violence, sexual assault, dating vi- spect. So it is incomprehensible to me This law has transformed our criminal olence and stalking. Action taken at the how anybody could make a decision to justice system and victim support serv- congressional level to end violence against inflict physical pain on a woman or a ices. The law has worked well because women, children, and men echoes through child or even a man. Truly, life is it encourages collaboration among law the hills and hollows of the most remote tough enough without involving vio- enforcement, health and housing pro- communities in this state. Without VAWA, lence. fessionals, and community organiza- the collaborative efforts of law enforcement, prosecution, victim advocates, and judicial Once again, for each and every Mem- tions to help prevent and respond to in- personnel would be fragmented, compart- ber of the Senate who will cast a vote timate partner violence. mentalized, and at worse counterproductive on this bill, the question comes down In one recent instance in my State, a to each other. VAWA saves lives, changes to this: What is it that we truly value? man was on pretrial release after being communities, offers safety and creates chan- What are our priorities? charged with stalking his wife. Thanks nels of hope. Ensuring that women and children to the STOP grants funding—which We know since it first passed in 1994, have adequate protection against vio- provide services and training for our the Violence Against Women Act has lence just makes common sense. To the officers and prosecutors—he was being

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.037 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2768 CONGRESSIONAL RECORD — SENATE April 26, 2012 monitored. This individual was being time I slept with both eyes closed my tisan reforms, of this National Flood electronically monitored and was mommy and I both got hurt. Insurance Program. caught violating the conditions of his This is the kind of experience this There has been a lot of work done in release when he went to his estranged bill will help with. It will protect that regard. The House of Representa- wife’s home. The supervising officer women and children. For all the tives has done a complete reauthoriza- was immediately notified of this viola- progress we have made combating vio- tion bill, and they adopted that bill by tion and police officers found the man lence against women, this must con- an overwhelming vote of 406 to 22 last with the help of the GPS and arrested tinue to be a priority. I urge each of July 2. So they have acted. They have him in his estranged wife’s driveway. my colleagues to support the reauthor- done their part going back going al- Thank goodness this woman was pro- ization of the Violence Against Women most 1 year ago—about 9 months ago. tected and this incident did not add an- Act because it literally saves lives in On the Senate side, we have made im- other victim to the 73 deaths caused by North Carolina and around the coun- portant bipartisan progress in the domestic violence each year in North try, while ensuring a better future for Banking Committee, which is the com- Carolina. our children. mittee of jurisdiction. We have worked Unfortunately, though, the well- I thank the Chair, and I yield the hard to put together a full 5-year reau- being of women in North Carolina and floor. thorization bill with reforms on a bi- around the country hangs in the bal- The PRESIDING OFFICER. The Sen- partisan process. ance until we in Congress take action ator from Louisiana. As ranking member of the relevant on this act. NATIONAL FLOOD INSURANCE PROGRAM subcommittee, I have put a lot of work Domestic violence also hurts our Mr. VITTER. Madam President, I rise into this with many others, including economy. It costs our health care sys- to talk about another vital program we my subcommittee chairman JON tem $8.3 billion each year. The reau- must reauthorize and continue before TESTER. We reported that bill through thorization of this act streamlines cru- it expires; that is, the National Flood the entire committee. It got a strong cial existing programs that protect Insurance Program. Right now, that is report out of committee and is ready women while recognizing the difficult due to completely expire at the end of for action on the Senate floor. So now fiscal decisions facing the Federal Gov- May. So I wanted to bring this to ev- we need to take that next step. We ernment today. Thirteen existing pro- eryone’s attention, particularly that of need to get it on the Senate floor, pass grams would be consolidated to four, the majority leader, so we take this up it through, and reconcile it with the which will reduce administrative costs in time—as soon as possible—and put it House bill. and avoid duplication. New account- in line absolutely as soon as possible so There are no major substantive ob- ability provisions will also require this can be extended and there will be stacles. This is a true bipartisan effort. strict audits and enforcement mecha- no interruption. We have worked well together and nisms aimed at ensuring these funds This is an important program for the through a number of issues. The only are used wisely and efficiently. country. It provides vital flood insur- issue is getting time on the Senate In fact, title V of this bill includes ance for millions of Americans. Many floor and moving this forward so we one of my bills—the Violence Against properties cannot have a real estate can do this full-scale, 5-year reauthor- Women Health Initiative. My bill pro- closing on them. They cannot be trans- ization before the program expires this vides vital training and education to ferred without that important flood in- May 31. help health care providers better iden- surance. It is particularly important in Again, I just come to the floor to tify the signs of domestic violence and my home State of Louisiana, where the urge all of us, and in particular the ma- sexual assault. It helps medical profes- risks of flooding—coastal and other- jority leader who sets the schedule, to sionals assess violence and then refer wise—are even greater than the na- schedule this, to find that time, to put patients to the appropriate victim tional average. it in line as soon as possible. We are services. Unfortunately, we have been on a now on the Violence Against Women This training would have helped Yo- path the last few years of just barely Act, which we support being on. I be- landa Haywood, a woman who, as a hobbling along, using a bandaid ap- lieve next we are moving to student young mother of three, found herself in proach to extend this necessary pro- loans. I have no problem with that. But an abusive marriage. Her husband gram just a little bit at a time. This let’s put this important measure in abused her regularly and one night got to its worst state in 2010, when we line right after that, as soon as pos- punched her in the face and split her not only extended it just a little bit at sible, so we can take it up and accom- lip, which sent her to the emergency a time, but we actually allowed it to plish this task well before the May 31 room. She obviously needed stitches. lapse, to expire, for several days at a deadline. As she sat on the examination table, time on four different occasions, for a We can get this done. As I said, there the physician who was sewing her lip total of 53 days. What happened? Each are few, if any, substantive hurdles. We back asked: Who did this to you? Yo- of those times the program expired, can get this done. We can produce a landa quietly said: My husband. The many real estate closings—tens of long-term reauthorization, we can physician responded by telling her she thousands of real estate closings produce good reforms in that bill, as we needs to learn how to duck better. around the country—came to a have in the Senate committee bill and Yolanda spent the next several years screeching halt. They were cancelled. as the House has. We just need to move learning how to duck before finally They were put off. it through the process. I certainly com- leaving that abusive relationship. Em- So here we are, in a very soft econ- mit to everyone, starting with the ma- powered by her experience, she went to omy and trying to eke out of a real es- jority leader, that if we get that mini- medical school and now teaches stu- tate-led recession. Yet for no good rea- mal amount of time on the Senate dents at a prestigious university the son—because of our inability to, frank- floor, we will certainly work to have importance of identifying and treating ly, get our act together and organize that process run as smoothly and as domestic violence and sexual assault, ourselves and extend this non- quickly as possible. I have worked with as well as working in an ER. controversial program—we had lapses Senator TESTER in that regard, toward In a recent visit to a woman’s domes- in the program so that thousands of that end, and we will continue to work tic shelter in Charlotte, I met a coun- real estate closings were put off. That through the remaining Senate pro- selor who shared this story with me. A lapse occurred, as I said, in 2010, four ceedings. young boy had just spent his first night different times, for a total of 53 days. Finally, in support of this plea, I at the shelter. The next morning the Since then, we have improved a little have a letter, dated February 13 of this counselor was talking to him and he bit. We have extended the program for year, addressed to the majority and mi- said he slept with both eyes shut last 6 months at a time under legislation I nority leaders from a long list of Sen- night. The counselor asked the young have introduced. But now we need to ators, both parties, urging that we take boy: Well, how do you usually sleep? He take the next step and not just con- this action, urging that we schedule said: I usually sleep with one eye open tinue to hobble along but have a full this for the Senate floor absolutely as and one eye closed because the last reauthorization, with important bipar- soon as possible so we can get this job

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.041 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2769 done. As I said, this letter was dated Senator Daniel Akaka, Senator Michael Ben- gives our law enforcement beefed up re- February 13. Obviously, a few months net, Senator Thomas Carper, Senator Amy sources and tools for catching and then have passed since then and the clock is Klobuchar, Senator Jeff Merkley, Senator prosecuting perpetrators, but it also ticking and that clock runs out on May Mark Warner, Senator Herb Kohl, Senator supports critical services for victims Mike Crapo, Senator Scott Brown, Senator 31. Johnny Isakson, Senator Mike Johanns, Sen- and survivors. Again, I urge us, particularly the ma- ator John Boozman, Senator Bob Corker, The PRESIDING OFFICER. The Sen- jority leader, to please put this nec- Senator Saxby Chambliss, Senator Pat Rob- ator has used 2 minutes. essary and important and bipartisan erts, Senator Susan Collins. Mr. UDALL of Colorado. I thank the legislation in line for floor consider- Senator Joseph Lieberman, Senator Robert Chair. ation as soon as possible. We can get Menendez, Senator Richard Blumenthal, These resources have literally saved Senator John Kerry, Senator Daniel Inouye, this done. We can get this done by the the lives of women from Durango to current deadline. We can get this done Senator Bernard Sanders, Senator Jeanne Shaheen, Senator Sherrod Brown, Senator Al Craig and from Pueblo to Denver, and I for the good of the American people wish to commend all the important or- and on a bipartisan basis and I urge us Franken, Senator Christopher Coons, Sen- ator Daniel Coats, Senator Jerry Moran, ganizations in my State that make it all to work toward that end, as JON Senator Lamar Alexander, Senator Olympia all possible. TESTER and I have been doing and as Snowe, Senator James Inhofe, Senator Jack The great news is that today—right the committee chair and ranking mem- Reed, Senator Claire McCaskill, Senator now—we have the opportunity to make ber have been doing. I certainly know Patrick Leahy, Senator Sheldon Whitehouse, this an even better piece of legislation. the ranking member of the committee, Senator Mark Begich, Senator Richard Burr. This reauthorization builds upon and Senator SHELBY, strongly supports this Mr. VITTER. Again, I hope we all strengthens the current act, expanding plea. come together in plenty of time to At this time, I ask unanimous con- access to the resources so many vic- take care of this important business. I tims desperately need. It also contains sent to have printed in the RECORD the bring it up now, well before the dead- letter to which I have just referred. important reforms that will increase line, because the clock is ticking. A accountability in the use of VAWA re- There being no objection, the mate- Senate bill would have to be reconciled rial was ordered to be printed in the sources, ensuring these federal dollars with the House. We need to get floor are going to serve the victims who need RECORD, as follows: time absolutely as soon as possible and U.S. SENATE, them most. Taxpayers demand that we I look forward to that happening and I spend their monies wisely especially Washington, DC, February 13, 2012. look forward to working with Senator Hon. HARRY REID, during tough economic times and this TESTER and others on the Senate floor. Majority Leader, U.S. Senate, Washington, DC. VAWA bill meets that high standard I yield the floor. Hon. MITCH MCCONNELL, they expect of us. The PRESIDING OFFICER (Mr. Minority Leader, U.S. Senate, Washington, DC. Moreover, it is worth noting this bill SANDERS). The Senator from Colorado. DEAR LEADERS REID AND MCCONNELL: As makes college campuses safer by re- we begin the Second Session of the 112th Mr. UDALL of Colorado. Mr. Presi- Congress, we the undersigned urge you to dent, I rise, as do my Democratic col- quiring that schools develop com- bring legislation to the floor to provide for a leagues and quite a few of my Repub- prehensive plans to combat and pre- long-term reauthorization and meaningful lican colleagues, in support of the Vio- vent crimes against women. reform of the National Flood Insurance Pro- It also takes the imperative step of gram (NFIP) as expeditiously as possible in lence Against Women Act. My remarks will extend beyond the strengthening the Federal Govern- February or very soon thereafter. ment’s response to domestic and dating The National Flood Insurance Program time we have left, so I will ask the was first established in 1968, and has since Chair to advise me when 2 minutes violence on tribal lands, which has that time been instrumental in protecting have passed, and I will try to conclude climbed to near epidemic levels across America’s families, homes and businesses over a 3-minute timeframe so other the country. from financial ruin when flooding occurs. colleagues can speak on this very im- Furthermore, it increases protections The program was last reauthorized in 2004. and outreach for LGBT victims, be- That reauthorization expired in 2008, and portant piece of legislation. The PRESIDING OFFICER. The cause the right to live free from domes- since then the program has been extended tic violence should not depend on gen- through a series of short-term measures. In Chair will so advise. fact, the program expired four times in 2010 Mr. UDALL of Colorado. Mr. Presi- der identity or sexual orientation. resulting in lapses totaling 53 days. It has dent, the Violence Against Women The most recent reauthorization of been estimated that those program lapses re- Act—known as VAWA—has been in ef- the Violence Against Women Act ex- sulted in the delay or cancellation of more fect for 18 years and it has saved lives pired in September of last year. The than 1,400 home closings per day, further and strengthened families all over the bottom line is that it is past time to damaging an already fragile housing market. get this done. The legislation before us As you know, the House of Representatives country. I speak as a Coloradoan, and I passed its version of a long-term reauthor- will cite statistics that will point to today has 61 cosponsors, is broadly bi- ization on July 12, by an overwhelming vote the concrete effects the Violence partisan, and has the support of count- of 406–22. The Senate Banking Committee Against Women Act has had in my less women and men around the coun- has reported a committee print with over- State. try. whelming bipartisan support which is cur- This was a landmark piece of legisla- I believe there is an alternative rently awaiting floor action. This bill makes tion and it changed the way we think version of this bill that may come be- essential changes to the program in an at- fore us for a vote as well. I know this tempt to protect taxpayers and restore its about and respond to domestic vio- solvency. We sincerely believe that, with a lence. It has made a difference in the is an election year, and the increas- concerted effort on the part of Senate and lives of literally millions of women all ingly partisan climate in Congress has Banking Committee leadership, as well as in- over the country by bringing the per- made it tempting to take truly bipar- terested Senators, the bill can be brought to petrators of domestic violence, sexual tisan legislation such as this and inject the floor of the Senate, debated and passed assault, and child abuse to justice. It division into the debate. But the issues as soon as possible in order to ensure this has made a difference by providing safe addressed by VAWA are not partisan to process is completed before the NFIP expires and secure support services to victims the people back in Colorado and around at the end of May. The Senate should take this opportunity of crimes. It has established a National the country. So let is resist that path. to capitalize on the bipartisan efforts by Domestic Violence Hotline and so The bipartisan legislation drafted by both the Senate Banking Committee and the much more. It is little wonder such a Senator LEAHY and Senator CRAPO is House of Representatives thus far to make commonsense and far-reaching concept the only bill that truly provides the re- major improvements to this important pro- in legislation has found support from sources necessary in the most effective gram. We believe that passage of a com- Members of both sides of the aisle. way to help end violence against prehensive, bipartisan flood reauthorization I mentioned Colorado. Let me cite women. bill is within reach, and we respectfully urge some numbers. In 2010 alone, 60,000 vic- I know my colleagues in the Senate you to schedule such a debate. Sincerely, tims of domestic violence contacted share my commitment to reaching this Senator Jon Tester, Senator David Vitter, State crisis hotlines seeking help. The goal, so I am glad this bipartisan bill is Senator Ben Nelson, Senator Kay Hagan, funding that VAWA provides not only finally receiving a vote.

VerDate Mar 15 2010 05:22 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.042 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2770 CONGRESSIONAL RECORD — SENATE April 26, 2012 When I served in the House of Rep- respond to this epidemic are working, respective States. In Alaska, some- resentatives, I worked with a bipar- but our fight against domestic violence where between 25 and 40 percent of all tisan group of colleagues to reauthor- is far from over. Last year in my State domestic violence assaults are wit- ize VAWA both in 2000 and 2006, so I 22 people were killed by a domestic nessed by children. On a national scale, know we can come together and pass partner. Approximately one in three more than 90 percent of abusers are this reauthorization as well. adolescent girls in the United States is people whom children know, love, and We all agree that violence against a victim of physical, emotional, or trust. women is unacceptable. This is a nec- verbal abuse from a dating partner. I come to the floor today to express essary and carefully constructed bill Nearly 1 in 10 high school students Na- my support for the Leahy bill, S. 1925. that will protect the lives of women in tionwide was hit, slapped, or physically I have proudly cosponsored this effort Colorado and throughout the country. hurt on purpose by their boyfriend or and came on very early in the effort. It In concluding, we all agree violence girlfriend. is the product of literally thousands of against women is flatout unacceptable, Future tragedies of the kinds we hours of work by domestic violence ad- and this is a necessary and carefully have seen in Idaho and across this vocates and dedicated Senate staff constructed bill that will protect the country have to be prevented. And members. I do believe it represents a lives of women in Colorado and while we may not all agree on the spe- real improvement in the services that throughout the country. So let’s come cifics of this reauthorization, all of us are offered to victims even in a dif- together in the Senate, put aside our agree on one very important aspect; ficult budget environment. I would like differences, and pass what is a strong that is, we must end domestic violence, to give a few illustrations. Back in 2010, there were more than and important bipartisan bill. The fam- dating violence, sexual assault, and 800 Alaskans who sought pro bono legal ilies and the communities of my State stalking in the United States. assistance from the Alaska Legal Serv- and our country are counting on us. No bill is ever perfect. As we go ices Corporation and the Alaska Net- I yield the floor. through the process of working work on Domestic Violence and Sexual The PRESIDING OFFICER. The Sen- through this bill on the floor, we will Assault. A little over 500 of these vic- ator from Idaho. see amendments brought seeking to tims could be served. Another 300 had Mr. CRAPO. Mr. President, I too rise perfect and improve it. I will support to be turned away due to the lack of re- today to discuss the incredible impor- some of those amendments, others will sources—turning people away who are tance of the Violence Against Women support some of those amendments, victims because we don’t have the re- Act. and the bill will be addressed, as all sources to provide the help. This bill For nearly 18 years, the Violence bills should be, on the floor of the Sen- establishes a new pro bono legal pro- Against Women Act has been the cen- ate. But when we are done and the de- gram within VAWA to ensure that vic- terpiece of our Nation’s commitment bate is over and the voting on the tims of domestic violence have access to end domestic violence, dating vio- amendments is concluded, I urge all to lawyers. lence, and sexual violence. Congress my colleagues to join me in supporting Back in 2011, 12 percent of Alaska authorized the Violence Against the reauthorization of this critical pro- high school students reported they Women Act in 2000 and again in 2005 gram. We must continue the life- were hit, slapped, or physically hurt on with overwhelming bipartisan support. changing work this legislation helps us purpose by their boyfriend or their I am a longtime champion of the pre- accomplish. girlfriend, and 9 percent reported they vention of domestic violence because I Mr. President, I yield the floor. had been physically forced to have sex- have seen the impact of this abuse The PRESIDING OFFICER. The Sen- ual intercourse when they did not want firsthand in Idaho. The act provides ator from Alaska. it. This bill focuses resources on the critical services to victims of violent Ms. MURKOWSKI. Mr. President, as protection of our young people—and crime as well as agencies and organiza- we speak, the Alaska Network on Do- rightfully so—because 70 percent of all tions that provide important aid to mestic Violence and Sexual Assault’s reported sexual crimes in the United those victims. 24-hour hotline that allows folks to States involve children. This legisla- The Violence Against Women Act has seek assistance—their numbers are tion devotes needed resources to pro- been called by the American Bar Asso- ringing. This evening, 363 Alaskans will tect our children, and it also devotes ciation ‘‘the single most effective fed- spend the night in an emergency do- increasing resources to protect our el- eral effort to respond to the epidemic mestic violence shelter or in transi- ders, who are increasingly victims of of domestic violence, dating violence, tional housing provided by an Alaskan sexual assault and domestic violence— sexual assault and stalking in our domestic violence program, programs again, a side that most people don’t country.’’ such as the Lee Shore Center in Kenai, want to acknowledge or talk about, but This legislation provides access to the Safe Shelter in Dillingham, the our statistics cannot be denied. legal and social services for survivors. WISH shelter in Ketchikan, and the In addition, S. 1925 sends a strong It provides training to law enforce- AWAIC shelter in Anchorage. The num- message to offenders that they will be ment, prosecutors, judges, attorneys, ber of Alaskans seeking shelter is ris- held accountable. In the remote Native and advocates to address these crimes ing on the order of over 5 percent per villages of Alaska, where the victims of in our Nation’s communities. It pro- year. These programs and the Alaskans domestic violence literally have no vides intervention for those who have who benefit from them are all sup- place to hide, reauthorization of VAWA witnessed abuse and are more likely to ported by the Violence Against Women will mean there will be more funds to be involved in this type of violence. It Act. hire village public safety officers who provides shelter and resources for vic- As we debate and deliberate on the are first responders in the last frontier. tims who have nowhere else to turn, reauthorization of VAWA, the Violence I would like to express my apprecia- who are literally victims in their own Against Women Act, we express our re- tion to the Judiciary Committee for in- homes. spect for the volunteers and the profes- cluding a provision I have requested There is significant evidence that sionals who support and who con- concerning the Alaska Rural Justice these programs are working. In Idaho, stantly advocate on behalf of these vic- and Law Enforcement Commission. the number of high school students re- tims. These are Alaskans such as The Rural Justice Commission is a porting that they have experienced vio- Peggy Brown and Katie TePas, who joint Federal, State, and tribal plan- lence by a dating partner has dropped lead the effort across my State, and ning body that was created by the late since the Center for Healthy Teen Re- others like them throughout Alaskan Senator Ted Stevens back in 2004 to co- lationships began its work in 2006. The communities. It is important that as ordinate the public safety efforts in our U.S. Department of Justice reported we again reauthorize the Violence remote rural villages. It is in danger of that the number of women killed by an Against Women Act, we do so as a tan- shutting its doors at this point in time, intimate partner decreased by 35 per- gible display of our support for their and the legislation before us estab- cent between 1993 and 2008. very important work. lishes the framework for the Rural Jus- The legislation is working and our Let me share some statistics with tice Commission to continue its very collective efforts across this country to you, as others have shared from their important work.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.044 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2771 Last weekend there was a great deal I remember as if it were yesterday I yield the floor. of concern that arose particularly the feeling of helplessness as I sat The PRESIDING OFFICER. The Sen- amongst Alaska tribes that the version across the desk from a woman who had ator from Washington. of S. 1925 that came out of the Judici- been beaten to within an inch of her Mrs. MURRAY. Mr. President, it is a ary Committee diminished the ability life, and I remember calling the police shame it has taken so long to get to of the Alaska tribes to issue domestic department and asking for help and this point, but I am very glad to see we violence protection orders that would them saying: You know, hon, let it go. are close to having this body move for- enjoy full faith and credit from the Tell her to go home. ward on this legislation. State of Alaska. The concern we had I remember her asking me: What do I The Violence Against Women Act has was the result of an inadvertent tech- do about my children? I have no helped provide lifesaving assistance to nical drafting error that expanded cer- money. I don’t really want to prosecute hundreds and thousands of women and tain tribal powers within Indian Coun- him—I don’t think he will leave me families, and it was certainly a no- try, but it appeared to repeal other ex- alone. brainer to make sure that all women isting tribal powers that are currently I remember not being able to sleep at had access to that assistance. I was held by Alaska tribes. Our State has night because I was so worried about proud to have been here serving in the very little Indian Country. We do not the women who had really no place to Senate in 1994 when we first passed have reservations, with the small ex- go, no one to guide them through the VAWA. Along with its bipartisan sup- ception of one reservation down in terrifying journey the criminal justice port, it received praise from law en- southeastern Alaska. So for the past system can be, much less the terrifying forcement officers, prosecutors, judges, couple days, I have been working, journey their lives were. That was 35 victims, service providers, faith lead- along with Senator BEGICH, to address years ago. ers, health professionals, advocates, this issue and have worked on a tech- When I ran for prosecutor in 1992, I and survivors. It obtained that broad nical correction to address the concern said: I am going to start a domestic vi- support because it has worked. in a way that ensures that Alaska olence unit, because since then I had Since it became law 18 years ago, do- tribes lose none of the jurisdiction or spent time working on the laws in Jef- mestic violence has decreased by 53 the authority they presently have to ferson City, and I had also spent time percent. We have made a lot of progress issue and to enforce their domestic vio- on the board of a domestic violence since 1994, and I am glad we are con- lence protection orders. shelter—one of the first in Kansas tinuing on that path today on behalf of It was just this morning that I re- City—and then I became prosecutor, all women. In fact, Deborah, is here ceived a copy of a letter from Ed and we started a domestic violence with us today. Thomas, who is president of the Cen- unit. Deborah is the Vice Chairwoman of tral Council Tlingit and Haida Tribes The police department still pushed the Tulalip Tribe in my home State of of the State, and he has come out back and said: These aren’t real Washington. clearly endorsing the amendment. crimes. If the victim doesn’t want to Yesterday she joined Senators I would note that Senator LEAHY has testify, we have no evidence to go for- BOXER, KLOBUCHAR and me to tell her included these technical corrections in ward. emotional story about the devastating the substitute amendment he intends And I said to them: Wait a minute. effects violence can have on women— to bring forward, and I would certainly We go forward on homicides when the especially Native women. urge that it be adopted. victims can’t testify. We should build Deborah was repeatedly abused, As my colleague from Idaho just these cases around the facts and cir- starting at a very young age, by a non- mentioned, there is a divergence of cumstances regardless of the mental tribal man who lived on her reserva- views within this Chamber on what the state of the victim. tion. Not until after the abuse stopped reauthorization of VAWA should say. I remember feeling so helpless that around the 4th grade did Deborah real- It is important to point out that we are we had no resources. And then I re- ize she wasn’t the only child suffering in agreement on the vast majority— member, as the Jackson County pros- at the hands of her assailant—at least well over 80 percent—of the provisions ecutor in Kansas City, when the Vio- a dozen other young girls had fallen in S. 1925. The disagreement is in a few lence Against Women Act passed. I re- victim to this man. smaller areas. There are Senators member reviewing our grant applica- This is a man who was never arrested whose ideas were not incorporated in tion for the victim advocate in our of- for these crimes; never brought to jus- the Leahy bill and who wish to be fice, and I remember all of a sudden tice; and still walks free today. All be- heard, and I think it is appropriate thinking, you know, we are going to cause he committed these heinous acts that they be heard. turn the corner. on the reservation—and as someone Again, I would concur with my col- Is it still a huge problem? Yes. But if who is not a member of a tribe, it is an league, the Senator from Idaho, in you were there 35 years ago on the unfortunate reality that he is unlikely stating that when the Violence Against front lines and you knew the progress to be held liable for his crimes. Women Act was first initiated back in we have made to date, you wouldn’t be The debate we had over the provi- 1994, it was a bipartisan effort. It was a voting no in the Judiciary Committee sions in this legislation was a matter collaborative effort. The effort this on the reauthorization of the Violence of fairness. year with the reauthorization should Against Women Act. You wouldn’t be Deborah’s experience—and the expe- be no less. I have every confidence that doing that. rience of the other victims of this this body will once again act in a bi- So let’s move forward. Let’s make man—does not represent an isolated in- partisan fashion to reauthorize this sure the victim advocates who arrive cident. very critical piece of legislation. on the scene as a result of this impor- In fact 34 percent of Native Women Mr. President, I yield the floor. tant piece of legislation—let’s make will be raped; 39 percent of Native The PRESIDING OFFICER. The Sen- sure they stay on the job. Let’s make Women will be subjected to domestic ator from Missouri. sure there are not any young prosecu- violence; and 56 percent of Native Mrs. MCCASKILL. Mr. President, 35 tors today who are going home sleep- Women will marry a non-Indian who years ago I was a very young assistant less, much less victims who look at most likely would not be held liable for prosecutor. There weren’t any other someone who claims they love them, any violent crimes committed if these women who were assistant prosecutors claims they are their protector, but at protections hadn’t been included in in Kansas City, and I got assigned a lot the same time knowing that person is this legislation. of cases that the men in the office used capable of taking their life. Let’s make Where people live and who they to jokingly call women’s work, which sure those women have someplace to marry should not determine whether or meant that I got a lot of cases on wel- turn to, their children have someplace not perpetrators of domestic violence fare fraud and food stamp fraud. And to turn to. Let’s reauthorize this act are brought to justice. then, as I spent more time in the office, today and make sure all the women out With this bill today, we are taking a I got sexual assaults and I got domestic there have that help and assistance major step to uphold our government’s violence. they need in their time of need. promise to protect its citizens.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.064 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2772 CONGRESSIONAL RECORD — SENATE April 26, 2012 This bill builds on what works in the limited debate time on each of them. I cannot, however, vote for the Leahy current law, improves what doesn’t, We will be able to finish this bill today. version for a number of reasons. First, and it continues on the path of reduc- I commend Senator HUTCHISON and a new section, 904, is blatantly uncon- ing violence toward women. others on our side who have been deep- stitutional. This new section would It certainly should not have been ly involved in this—Senator CORNYN— give Indian tribes criminal jurisdiction controversial. in bringing us to the place we are now. to arrest, prosecute, and imprison non- It is time for us to come together and AMENDMENT NO. 2093 Indians under tribal law for certain do- support this bill so women and families The PRESIDING OFFICER. The mestic-violence offenses. across America can get the resources clerk will report the substitute. Adding this language to the existing and support they need. The assistant legislative clerk read law violates basic principles of equal I particularly want to thank the cou- as follows: protection and due process. All tribes rageous work of this wonderful tribal The Senator from Nevada [Mr. REID], for require either Indian ancestry or a spe- woman to help explain to all of us why Mr. LEAHY, proposes an amendment num- cific quantum of Indian blood in order the bill we have put before the Senate bered 2093. to be a tribal member. Even a person is so critical today. (The text of the amendment is print- who has lived his entire life on the res- I yield the floor. ed in today’s RECORD under ‘‘Text of ervation cannot be a tribal member if The PRESIDING OFFICER. The ma- amendments.’’) he does not have Indian blood. Such a jority leader. The PRESIDING OFFICER. The Sen- person, no matter how long he has Mr. REID. I ask unanimous consent ator from Arizona. lived in the area, cannot vote in tribal the committee-reported substitute be Mr. KYL. Mr. President, I note my elections and would have no say in withdrawn, that a Leahy substitute colleague from New Jersey was also crafting the laws that would be applied amendment which is at the desk be standing. I have about 5 minutes of re- against him by section 904. made pending, and the only amend- marks. Did the Senator from New Jer- Section 904 breaks with 200 years of ments in order to the Leahy substitute sey wish also to speak? American legal tradition that tribes Mr. LAUTENBERG. I plan to, but I or the underlying bill be the following: cannot exercise criminal jurisdiction will defer, if the Senator is in a rush. Klobuchar No. 2094, Cornyn No. 2086, over non-Indians. By doing so, it cre- Mr. KYL. I appreciate that very and Hutchison No. 2095; that there be 60 much and I perhaps will ask unanimous ates a clear violation of the Constitu- minutes of debate equally divided be- consent the Senator from New Jersey tion’s equal protection and due process tween the two leaders or their des- follow my remarks? guarantees. ignees for consideration of the amend- Mr. LEAHY. Mr. President, reserving I also take issue with the new Sec- ments and the bill; that there be no the right to object—I will not object— tion 905 of the Leahy bill, which would amendment in order to any of these and I know we will be getting back allow Indian tribes to issue ‘‘exclusion amendments; that there be no motions onto this matter and I will be seeking orders’’ barring non-Indians from lands or points of order to the amendments time, I certainly do not object to my within the tribes’ ‘‘Indian country.’’ or the bill other than budget points of two friends taking time now. ‘‘Indian country’’ is a term of art in order or the applicable motions to The PRESIDING OFFICER. Without Federal Indian law. It is meant to in- waive; that the amendments be subject objection, it is so ordered. clude lands that were allotted and sold to a 60-affirmative vote threshold; that Mr. KYL. Mr. President, I support re- to non-Indians, or allotted to Indians upon disposition of the three amend- authorization of the Violence Against who later sold the land to non-Indians, ments, the Leahy substitute amend- Women Act. Throughout my career, I but that are within the exterior bound- ment, as amended, if amended, be have worked on a number of crime vic- aries of a historic . agreed to and the Senate proceed to tims’ rights measures that, taken to- Many non-Indian families have lived on vote on passage of the bill, as amended; gether, provide the mosaic of protec- such lands for generations. Other such that all after the first vote be 10- tions for all crime victims. residents include people with Indian minute votes and there be 2 minutes As a member of the House of Rep- blood, but who have been expelled from equally divided between the two votes. resentatives, I cosponsored the Sexual membership in the tribe for various The PRESIDING OFFICER. Is there Assault Prevention Act—SAPA—which reasons. Section 905 would literally objection? was incorporated into the Omnibus allow the tribes to issue orders that Without objection, it is so ordered. Crime Control Act signed into law by bar these individuals from entering Mr. REID. Mr. President, I will brief- President Clinton in 1994. Among a their own land, land which they own in ly say—I know everyone is anxious to number of reforms, SAPA increased fee simple absolute. get to work—we have had some pretty penalties for stalking and sexual as- The primary rationale for these pro- good work in recent days. The postal sault, and it changed the Federal Rules posed additions to VAWA was to pro- bill was extremely difficult to get of Evidence to allow admission of prior vide protection for tribal members. done. We had the highway bill; that sexual offenses in sexual assault cases. The Hutchison/Grassley alternative was difficult to get done. Those are bi- In 1997, I successfully petitioned the does that by replacing the unconstitu- partisan in nature. It took a while to Arizona Supreme Court to adopt this tional provisions of the Leahy bill with get through this matter that is before change to Arizona’s rules of evidence. an authorization for tribes to seek pro- us, but now we are there. It is an effort In 2004, I co-authored the Crime Vic- tection orders to prevent domestic vio- on everyone’s behalf. On my side, I am tims’ Rights Act with Senator FEIN- lence, issued directly by a Federal grateful for the work done by Senators STEIN. This legislation included a bill court, upon a showing that the target and PAT LEAHY and of rights for victims of Federal crimes, of the order has assaulted an Indian many others, but I am glad we are at including the right to be informed, spouse or girlfriend, or a child in the the point where we are today. present, and heard at critical stages of custody or care of such person, and Mr. MCCONNELL. Mr. President, I the proceedings. That bill was signed that a protection order is reasonably add I agree entirely with the remarks into law by President Bush. necessary to protect the well-being of of the majority leader. This is the way I also supported the 2005 reauthoriza- the victim. Violations of the order the Senate ought to operate—on both tion of the Violence Against Women would be subject to criminal prosecu- these bills, both the postal bill, which Act, which included a section Senator tion in Federal court. was challenging for everyone to get CORNYN and I wrote that expanded the While punishing an offender for any through, and the Violence Against Federal DNA collection program. underlying crime is important, pre- Women Act, on which there is broad, Today, I am pleased to support the venting harm is critical; and it is often probably unanimous agreement. In Hutchison/Grassley bill reauthorizing easier to prosecute violations of the fact, the last time it passed the Senate the Violence Against Women Act. I re- terms of a protection order. For exam- it did pass on a voice vote. We are pro- gret that there are competing versions ple, parties who are not in a romantic ceeding to handle it in a way entirely of reauthorization, especially since I relationship with the defendant typi- consistent with the Senate’s past and believe that virtually all of us support cally will be available to testify that procedures, with some amendments but the current law. the defendant entered areas from which

VerDate Mar 15 2010 06:42 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.015 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2773 he is excluded under the order. Protec- victed of domestic violence from get- Originally passed in 1994, the Vio- tion orders, thus, tend to provide an ef- ting a gun. Since the law’s inception, lence Against Women Act has improved fective means for preventing acts of do- we have kept guns from falling into the criminal justice system’s ability to mestic violence. And because orders violent hands on over 200,000 occasions. hold perpetrators accountable and pro- would be issued by a Federal court, we For instance, our gun laws allow do- tect victims of domestic violence. The can be reasonably certain that such or- mestic abusers to sidestep the ban on Violence Against Women Act also pro- ders will comply with basic principles getting a gun. The loophole allows a vides important services to women who of due process and will be enforced. convicted abuser to walk into a gun have been victims of domestic violence The Hutchison/Grassley reauthoriza- show and walk out with a gun, no ques- to help them get their lives back on tion of the Violence Against Women tions asked. That is because back- track. Act contains other improvements on ground checks are not required for pri- Now, the data tells us that the Vio- the Leahy version, and I urge its adop- vate sellers at gun shows. lence Against Women’s Act has been ef- tion. Since 1999, I have introduced legisla- fective and is needed: In my State of The PRESIDING OFFICER. The Sen- tion to close the gun show loophole and Florida in 2010, according to the Flor- ator from New Jersey. keep guns from falling into the wrong ida Department of Law Enforcement, Mr. LAUTENBERG. Mr. President, hands, and it passed in the Senate with there were 113,378 reported domestic vi- on this floor we talk a lot about the the vote of the Vice President to break olence offenses. This includes domestic critical importance of family. I fre- the tie. Thirteen years later, this gap violence crimes of stalking, threats quently speak about my family, my 10 in our law remains in place, and people and intimidations, assaults, rapes, and grandchildren and 4 children, who are can go to the gun show, walk up to an murders. (SOURCE: Florida Depart- the foundation and inspiration for ev- unlicensed dealer, put the money down, ment of Law Enforcement. (2011). erything I do. But for some Americans, and walk out with a gun. It is an out- Crime in Florida, 2010 Florida Uniform the family is instead a source of fear. rage. If we want to protect victims Crime Report. Tallahassee, FL: DLE.) Domestic violence wreaks havoc in from domestic abuse, we ought to com- Those reports resulted in 67,810 arrests. our homes and our communities across mit ourselves to closing the gun show That’s about 60%. Unfortunately, we the country. The statistics are shock- loophole for the safety of women, their may not ever fully know the full extent ing. Every year 12 million women and families, and other victims of abuse. of domestic violence. Many victims do men in our country are victims of rape, Saving the lives of women should be not report the abuse that they experi- physical violence, and stalking. The above politics. ence to the police or request domestic numbers are shocking. They represent The Violence Against Women Reau- violence services out of fear and em- a national tragedy. But these are not thorization Act passed the Senate barrassment. just numbers, they are lives. In 2010, 38 unanimously in 2000 and 2005, and it is Since 1994, studies estimate that re- of New Jersey’s domestic violence inci- incomprehensible that we would turn porting of domestic violence has in- dents ended in death. I have visited our back on those who are so abused. I creased as much as 51%. Across the Na- women’s shelters in New Jersey, and I ask those who would vote against pass- tion we are seeing more victims of do- have seen fear in the faces of women ing this bill to think about their own mestic violence step out of the shad- holding their children. It takes a lot of families, think about their spouses, ows, and come forward to ask for help. courage for a woman to stand up and think about their daughters, think And we are seeing more prosecution of leave her abuser. As a society, we have about their children. domestic violence perpetrators. And, Every Republican in the committee to be able to tell these women they will this is a trend that we want to see con- voted against reauthorizing the VAWA have a safe place to go, they will have tinue. in committee. Every one of them voted So, Mr. President, I urge my col- resources to help them, and they will against the bill that primarily protects leagues to swiftly pass this important see justice for their abuser. women. They walked away. Today we are debating legislation to legislation. Today they have taken a different I yield the floor. reauthorize the Violence Against approach. They presented an amend- Mr. WARNER. Mr. President, I rise Women Act, which for almost 18 years ment, and it is a sham. It actually re- to add my voice in support of the reau- has provided women with support pro- moves the word ‘‘women’’ from a key thorization of the Violence Against grams they need to escape abusive situ- part of the bill. It also fails to protect Women Act, of which I am proud to say ations. Make no mistake, VAWA is some of our most vulnerable victims. I am a cosponsor. working for women. Since its passage, Apparently, some of our colleagues In Virginia, this act has doubled the occurrences of domestic violence have would vote against protecting women if resources available for prevention and decreased by more than 50 percent. But it means they also have to protect im- intervention of sexual violence in com- despite this incredible progress, these migrants and people in the gay and les- munities and on campus. The funding horrible acts continue. bian community. provides crisis services in nearly every In fact, our progress should inspire us I call on our colleagues on the other locality in Virginia. Funds have helped to work harder. Domestic violence pro- side of the aisle to join us and our fam- develop State databases like the pro- grams in our communities are on the ilies. We know they care. Show it. tective order registry in the Virginia front line, and they are starved for re- Show it in this vote we are about to Criminal Information Network, VCIN, sources. More than one-third of New take. Send a clear message that this and the I-CAN system housed with the Jersey’s domestic violence programs country does not tolerate brutality Virginia Supreme Court. These data- report not having enough funding to against anyone, and show it with a lit- bases have helped improve responses provide needed services, and approxi- tle bit of courage. Stand and say: No, I across the Commonwealth to sexual mately one-quarter report not having want to protect my family, I want to and domestic violence. enough beds available for women and protect those who are abused routinely Some startling Virginia domestic and children trying to escape violent situa- in our society. That is the plea. I just sexual violence incidence statistics tions. Since 2006, more than 40 pro- hope each one of them will look at a highlight just how critical this legisla- grams in New Jersey alone have re- picture of their kids and their families tion is to anyone in my State and ceived almost $30 million in funding and say: I owe you that protection. across the country who may find them- through the Violence Against Women We worked hard here with the selves in need of help. Act. premise that we are protecting people, Virginia has seen a 12 percent in- Let me be clear. It would be tragic to so let’s show it. crease over the past 2 years in the turn our backs on victims and the peo- Mr. NELSON of Florida. Mr. Presi- number of men, women and children ple who dedicate their lives to sup- dent, I am here today to speak in sup- staying in domestic violence emer- porting them. While we cannot stop all port of S. 1925, the Reauthorization of gency shelters on an average night. malicious acts, we can do more to keep the Violence Against Women Act, and I Nearly 1 million women and more women and their families safe. want to thank Senator LEAHY and Sen- than 600,000 men in Virginia have expe- In 1996, I wrote the domestic violence ator CRAPO for their leadership on this rienced rape, physical violence, and/or gun ban, which forbids anyone con- important issue. stalking by an intimate partner.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.016 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2774 CONGRESSIONAL RECORD — SENATE April 26, 2012 According to the State’s medical ex- tracks and provide victims with the Against Domestic Violence reports, for aminer, one in three homicides in Vir- support they need to recover and re- example, that we now have 23 transi- ginia is due to family or intimate part- build their lives. This reauthorizing tional housing units in our State, help- ner violence. legislation builds upon proven preven- ing victims of violence become safe and As these statistics show, the services tion and support strategies and in- self-sufficient as they escape a authorized through VAWA continue to cludes new provisions to address the batterer. VAWA’s law enforcement and be a necessity. It is important that we changing and still unmet needs of vic- legal assistance programs have also continue to support access to these tims. proven essential, especially in light of vital services that will provide signifi- VAWA has been a success story over difficult State and local budgets. cant benefits to those most in need of the past 18 years because it encourages VAWA supports seven law enforcement assistance. communities to more effectively and advocates in Rhode Island, who work in For the Violence Against Women Act efficiently respond to domestic vio- local police departments to provide im- to truly work as intended, we must lence. Working together, law enforce- mediate assistance to victims of do- have effective accountability. Particu- ment, judges, domestic violence shel- mestic violence, sexual assault, and larly in times of tight budgets, it is im- ters, victim advocates, healthcare pro- stalking. These and other VAWA pro- portant to ensure that taxpayer dollars viders, and faith-based advocates are grams have improved the criminal jus- are spent wisely. It is critically impor- able to better prosecute abusers and tice response to violence against tant that we continue to advance effec- protect and aid the women, men and women and ensured victims and their tive, comprehensive policies that will children who find themselves in dan- families the services they need. provide appropriate preventive and gerous and potentially life threatening The Violence Against Women Reau- supportive services that many in my domestic relationships. Programs au- thorization Act builds on that record of State, as well as across the country, thorized by VAWA also provide victims success. It makes important updates to will benefit from. with critical services, including transi- strengthen the law, while remaining The accountability measures in- tional housing and legal assistance, cognizant of the challenging budget circumstances we face. The bill in- cluded in this bill are patterned after and address the unique issues faced by cludes an increased focus on sexual as- proposals offered by my Republican elderly, rural, and disabled victims. No sault prevention, enforcement, and colleagues for other grant programs, one should have to choose between services. It provides new measures to and these accountability measures staying in a harmful relationship and prevent homicides through programs to have been tailored to VAWA to make losing their home or job. sure that funds are efficiently spent Yet, the Violence Against Women Re- manage high-risk offenders. It also consolidates programs to reduce ad- and effectively monitored. authorization Act of 2011 makes needed ministrative costs and add efficiency. The bill authorizes the Department reforms and changes that will And it incorporates new accountability of Justice’s inspector general to audit strengthen and streamline existing provisions to ensure that VAWA funds grantees to prevent waste, fraud and programs, while also consolidating pro- are used effectively and efficiently. abuse. It gives grantees a reasonable grams and reducing authorizations to Senators LEAHY and CRAPO led a fair amount of time to correct any prob- recognize the difficult fiscal situation and open process in crafting this bill. lems that were not solved during the we face. The bill also incorporates new They have carefully studied these audit process, but imposes severe pen- accountability provisions, to ensure issues, consulted with a great number alties on grantees that refuse to ad- that VAWA funds are used effectively of experts and stakeholders, and as a dress the problems identified by the in- and efficiently. Our bill implements result have achieved a bill with 60 co- spector general. cuts that will save $135 million each sponsors in this body. Rather than Congress mandating a year. I would particularly like to thank set number of audits, the Office of In- As Chairman of the Subcommittee on Senators LEAHY and CRAPO for includ- spector General will have the ability to Retirement and Aging, we have seen ing in this bill a measure I authored to set the appropriate number. This will far too many instances of physical, help prevent teen dating violence. Far give the experts in the inspector gen- mental, and financial abuse of our na- too many teens suffer abuse at the eral’s office the ability to more effec- tion’s seniors. So I thank Senator hands of a dating partner. The Centers tively perform important oversight. LEAHY for including provisions from for Disease Control report that one in The Department of Justice has also my End Abuse in Later Life Act. Those ten teenagers was hit or physically taken significant steps to improve provisions ensure that appropriate en- hurt on purpose by a boyfriend or monitoring of VAWA grant awards by forcement tools are available to com- girlfriend in the past year. The Saving updating grant monitoring policies and bat sexual assault and domestic vio- Money and Reducing Tragedies incorporating accounting training for lence against the elderly, and that through Prevention, or SMART Pre- all grantees. older victims receive victim services. vention Act, which I introduced last The bill has taken the important step We commend Senator LEAHY for his year and is included in this bill, will of holding the Department of Justice work on this important, bipartisan bill. support innovative and effective pro- accountable when using Federal funds VAWA reauthorizations passed the grams to prevent this dangerous abuse. to host or support conferences. These Senate unanimously in 2000 and 2005, At a subcommittee field hearing I new accountability provisions are an and I look forward to the long overdue chaired last year on strategies for pro- integral piece in this process and a passage of S. 1925 today. tecting teens from dating violence, meaningful additional check to ensure Mr. WHITEHOUSE. Mr. President, I each of the expert witnesses testified the appropriate use of taxpayer dollars wish to speak in favor of the Violence that prevention programs can help ad- for these important programs. Against Women Reauthorization Act, dress this serious problem. Ann Burke, I encourage my colleagues to join me which I am proud to cosponsor. As at- a leading national advocate, explained in support of the reauthorization of the torney general of Rhode Island, I saw that school-based teen dating violence Violence Against Women Act. firsthand the good work that the Vio- prevention programs have proven effec- Mr. KOHL. Mr. President, I am proud lence Against Women Act has done to tive in changing behaviors. For exam- to rise today in support of the bipar- protect victims of domestic violence, ple, in 2 years following the passage of tisan Violence Against Women Reau- to provide crucial services to those who Rhode Island’s Lindsay Ann Burke Act, thorization Act. I cosponsored the Vio- have been harmed, and to hold named in memory of Ann’s daughter, a lence Against Women Act (VAWA) batterers accountable for their crimes. victim of dating violence, the number when it was originally enacted in 1994, It is vital that we reauthorize this im- of teenagers physically abused by a and have cosponsored every reauthor- portant law. dating partner in our State decreased ization since then. The Violence In Rhode Island and across the coun- from 14 percent to 10.8 percent. Against Women Act continues to be as try, the Violence Against Women Act Prevention programs are most effec- important today as it was in 1994. The continues to support essential tools for tive when part of a community ap- programs VAWA supports have gone a preventing and responding to domestic proach. Kate Reilly, the executive di- long way to help stop batterers in their violence. The Rhode Island Coalition rector of the Start Strong Rhode Island

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.035 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2775 Project, testified that effective preven- gressional Caucus on Women’s Issues tion, we must also increase access to tion programming should ‘‘meet kids with Pat Schroeder, and Congress quality early childhood health and edu- where they live and play.’’ That re- started to focus greater attention on cation programs. The challenge in 2012 quires involving parents, coaches, men- these kinds of heinous transgressions is to understand and act upon the sys- tors, and community leaders—men and and those who perpetrate them. Just as temic, reverberative consequences of women—as well as innovative uses of we fought vigorously for women’s this violence. technology and social media. health equity, as well as economic se- Consider the reality that domestic One group of children needs par- curity for women, the Caucus was a violence does not merely occur at ticular attention: those who have wit- driving force for change in combating home. In fact, the one place where an nessed abuse in their home. Deborah domestic violence, with then-Congress- abuser can be confident to find his vic- DeBare, executive director of the woman Boxer taking a leadership role tim is at work. In a survey conducted Rhode Island Coalition Against Domes- in authoring legislation, along with by the Maine Department of Labor, 74 tic Violence, explained at our hearing Connie Morella. As we were building percent of abusers had easy access to that ‘‘growing up in a violent home legislative momentum in the House, their partner’s workplace, with 21 per- may lead to higher risks of repeating then-Senator Joe Biden was shep- cent of offenders reporting that they the cycle of abuse as teens and young herding this initiative through the contacted the victim at the workplace adults.’’ By supporting robust services Senate. in violation of a no contact order. for children exposed to domestic vio- This culminated in the original Vio- At the same time, among female em- lence, we can help to lift the emotional lence Against Women Act, enacted in ployees who experienced domestic vio- burden on children who witness their 1994, a truly landmark piece of legisla- lence, 87 percent received harassing parents’ violence and break the tion. For the first time, Congress en- phone calls at work; 78 percent re- intergenerational cycle of violence. acted legislation that sought to com- ported being late to work because of The VAWA Reauthorization Act’s prehensively address the problem of vi- abuse; and, incredibly, 60 percent lost their jobs due to domestic abuse. As SMART Prevention provisions build on olence against women. We provided as- Ranking Member of the Senate Com- Ann and Kate and Deb’s insights. The sistance to States to improve law en- mittee on Small Business and Entre- bill supports educational programs forcement and prosecution efforts, and preneurship, I find these facts chilling, warning young people about dating vio- funded shelters and services to help because not only do these alarming in- lence, as well as programs to train women and their families extricate vasions of privacy threaten women’s fi- those with influence on youth. To save themselves out of these violent and nancial independence, they can also costs, the new program is consolidated abusive situations and into safety. erode elements of a woman’s critical with existing grant programs, includ- Here we are, 18 years later, and yes, support system that can often be found ing a program directed at children who we can feel fortunate for the progress in the workplace as well. have witnessed violence and abuse. Co- we have made on this critical issue. Turning now to my own State of ordinating and focusing prevention re- The evidence clearly bears this out. Maine where approximately half of all According to the National Network sources will save money, and abuse homicides each year stem from domes- to End Domestic Violence, reporting of that is prevented reduces the strain on tic violence, I want to begin with the domestic violence has increased as our overburdened health, education, tragic case of Amy Lake. A kinder- much as 51 percent. Reporting is an in- and criminal justice systems. garten teacher from Dexter, ME, Amy, I again congratulate Senators LEAHY strumental first step to ensuring that and her two children, Coty and Monica, and CRAPO for their strong bipartisan women receive the support they want, were killed last year by her abusive leadership in helping us extend our need, and deserve. As a result, hun- husband before he killed himself. longstanding bipartisan commitment dreds of thousands of women have been Domestic violence experts and law to preventing domestic violence. I urge helped through VAWA-supported pro- enforcement authorities contend that all of my colleagues to support reau- grams such as hotlines, individual and Amy did everything possible to protect thorizing the Violence Against Women court advocacy, emergency shelters, herself and her two children. Amy and Act, so that we can keep working to- transitional housing and housing as- her children lived in seven different ward a country that is free of this sistance. Furthermore, the annual inci- places the year before their deaths. scourge. dence of domestic violence has fallen Amy sought and received a protective Ms. SNOWE. Mr. President, I rise by more than 50 percent. order, which her husband proceeded to today in strong support of The Vio- While women are the most frequent violate five times. This wrenching inci- lence Against Women Act. This con- targets of domestic violence, children dent has galvanized the local commu- sequential measure reauthorizes a are also too often victims in these nity and the entire state of Maine at landmark federal law and, once the tragedies as well. For this reason, the large to redouble our efforts to end do- Senate has finished a free and open de- best approach must be comprehensive mestic violence. And frankly it is cases bate including a full range of amend- in scope and the urgent necessity for like Amy’s that tell us in no uncertain ments, we should pass this bill with a action, such as early intervention, is terms our work is far from finished. strong, bipartisan majority. Approving paramount. Our job is NOT completed. And our this measure offers the Senate an op- Earlier this month, researchers at task remains for us all to strive to portunity to demonstrate to the Amer- Boston Children’s Hospital and the In- solve. ican people that we still have the ca- stitute of Child Development at the In fighting domestic violence, engag- pacity to meet the challenge of forging University of Minnesota released a ing men is a fundamental part of the effective solutions to monumental study—the first of its kind—that pro- answer. I salute the efforts of Maine’s matters affecting Americans in their spectively examined the effects of Governor, Paul LePage, who himself daily lives. interpersonal trauma on children—par- has overcome tragedy as a child and For far too long, domestic violence ticularly young children. On average, has courageously and aggressively pur- has been an extremely serious and children exposed to such trauma had sued changes aimed at protecting vic- common crime that devastated fami- cognitive scores that were the equiva- tims, such as reforming bail rules, and lies and silently took a great toll on lent of 7 IQ points fewer, with the most strengthening notification require- our society. Decades ago, domestic vio- significant and enduring cognitive defi- ments. Additionally, Black Bears lence went largely unreported, in part cits appearing in children exposed to Against Domestic Violence—an initia- because the victim viewed the violence trauma between birth and 2 years of tive involving male athletes from all of as personal, or because of they were age. As study leader Dr. Michelle the sports teams from the University afraid of retribution, or they were em- Bosquet Enlow observed, ‘‘If we wait of Maine—has done an outstanding job barrassed and did not want family until children are identified by the in speaking out against dating violence members, friends, or neighbors to school . . . a lot of the damage will both on campus and at local high know. have already been done.’’ schools. I well recall in 1990, when I was serv- Well, I could not agree more, and This bill before us today, which I am ing as the co-chair of the House Con- that is why along with early interven- pleased to cosponsor, successfully

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.023 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2776 CONGRESSIONAL RECORD — SENATE April 26, 2012 builds upon past strides at both the As someone who has dedicated her communities, like those in the LGBTQ State and Federal levels. We include a life in public service to empowering community, receive the same protec- number of judicial improvements, such women, I know this much to be true we tion under the law as everyone else. I as encouraging the use of best prac- can adopt measures that promote and believe it is a step worth taking. tices among law enforcement and court enhance women’s health, but if we The reauthorization we are consid- personnel to better assess the risk of achieve those noble goals, yet fail to ering today takes that step, moving us domestic violence homicide and to pro- ensure women’s security, the victory is forward by adding protections for vic- vide immediate, crisis intervention pyrrhic at best. If we make strides in tims of domestic violence regardless of services for those at risk of escalating education and economic opportunity, their sexual orientation. Lesbian, gay, violence. Maine is already moving in but jettison efforts to protect women bisexual and transgendered Americans that direction in light of the tragedy from abuse, the gains we make will experience domestic violence in the that befell Amy Lake, which is vividly have come at a steep price. same percentage of relationships as the emblematic of the imperative to get The opportunities to rally around a general population—a shocking 25–35 the right information to the right peo- common cause have been regrettably percent—yet these victims often don’t ple at the right time. rare in this chamber so far this Con- have access to the same services as Our legislation also reauthorizes gress. Let us seize this moment and their straight friends and neighbors. grants to encourage arrest policies and send the strongest signal possible to Nearly half of LGBTQ victims are enforce protection orders. At the same the nation that on our watch women turned away from domestic violence time, it explicitly calls on law enforce- will receive the protections they re- shelters, and a quarter are often un- ment to identify and inventory back- quire and deserve. justly arrested as if they were the per- logs of sexual assault evidence collec- Mr. COONS. Mr. President, every sin- petrators. tion kits and to develop protocols for gle American should be able to count In Delaware and across this country, responding to and addressing such on the law to protect them from do- our law enforcement officers are doing backlogs in the purpose area of Serv- mestic violence and sexual assault, re- an incredible job responding to domes- ices -Training—Officers—Prosecutors, gardless of who they are, where they tic violence cases, due in part to the STOP, grants and Grants to Encourage live, or whom they love. That means training they receive from VAWA pro- Arrest Policies and Enforce Protection giving law enforcement the tools they grams. Providing the resources nec- Orders, GTEAP. Human Rights Watch need to investigate and prosecute these essary to help ensure officers treat all points out two astounding facts—first, crimes while investing in a commu- victims equally is essential to keeping that the arrest rate for rape, which nity-based approach, like we have in our communities safe. stands at 24 percent, has not changed Delaware. In reauthorizing the Vio- Today’s reauthorization makes plain since the late 1970s. Second, it esti- lence Against Women Act today, the that discrimination is not the policy of mates that the number of untested Senate is taking an important step in the United States of America. It says rape kits reaches the hundreds of thou- the ongoing effort to rid domestic no program funded by Federal VAWA sands. Indeed, a recent Newsweek arti- abuse from our communities and our dollars can turn away a domestic vio- cle profiled Detroit prosecutor Kym Nation. lence victim because of their sexual Worthy, who was attacked at law The Violence Against Women Act has orientation or gender identity. school while on a run but never re- been an unqualified success at reducing That is it. That is all this part of the ported it, is spearheading an effort to domestic violence and bringing this bill does, and I can’t believe any of my ensure that more than 11,000 police once-hidden crime into the light. Yet distinguished colleagues would want to rape kits are tested in Detroit. As she there is no question that the need for let discrimination persist in the laws of rightfully surmises, ‘‘when victims go this legislation persists. this country. through a 3-hour plus rape kit exam, Just last month, a 26-year-old male Every single American should be able they expect the police to use the evi- was placed under arrest in New Castle to count on the law to protect them dence to catch the rapist.’’ County, DE, after assaulting his ex- from domestic violence and sexual as- Now, I am cognizant that some of my girlfriend in front of her five children. sault. Whether the victim is gay or colleagues—especially those who have The assault involved dragging the vic- straight, American Indian, white, enthusiastically supported the original tim by her hair into the kitchen, where black or Latino, they deserve protec- law and past reauthorizations—are the violence continued. The victim’s tion from abuse and justice for their fully committed to fighting violence teenage son was forced to make the abusers. The amendment offered by against women but have concerns call to 9–1-1—another stark and horri- Senator HUTCHISON removes these key about the version before us. I hope we fying example of how not all victims of provisions and would allow the denial can cooperatively work through these domestic violence have bruises. of VAWA assistance to victims solely issues in an effort to ensure that at the Like many aspects of modern law en- because of their LGBT status. end of the day the overall passage of a forcement, the best strategies for fight- I opposed the Hutchison amendment significant reauthorization is NOT ing domestic violence and sexual as- for this reason, and because it elimi- jeopardized. sault change over time. What Congress nates improvements that will help law Let me be clear, quelling domestic and experts understood to be effective enforcement conduct investigations of violence is too vital, too urgent, and in 1994 may not be the best or most the crimes targeted by VAWA. too necessary a challenge to coun- comprehensive approach today. That is As cochair of the Senate Law En- tenance division along party lines. Our why the original authors of this act forcement Caucus, I convened a round- answer must be to counter the impulse provided for reauthorization every 5 table discussion in New Castle, DE, to create a political wedge with a de- years. Twice each decade, we must earlier this year to hear from leaders sire to legislate in good faith. What is take a hard look at where we are fail- across the spectrum of law enforce- effective fodder for campaign vitriol ing and where we are succeeding in this ment, the nonprofit sector, and the ju- has no place in a measure like this en- important fight. diciary. deavor to reauthorize The Violence In this year’s reauthorization, we One thing the roundtable made abso- Against Women Act. made changes that generally fall into lutely clear is that law enforcement Time is of the essence when it comes two categories: reducing bureaucracy agencies use VAWA funding to hold to legislation with life and death rami- and strengthening accountability to training and share information they fications. Politically, this law has a ensure taxpayer dollars are spent wise- can’t get anywhere else. strong bipartisan pedigree, which has ly; and ensuring that every victim of Chief Jeffrey Horvath of the Lewes been crucial to its success and endur- abuse in this country is able to count Police Department explained that in a ing legacy. In deference to that tradi- on the law to protect them, regardless small police unit such as the one he tion, rather than focusing on how to of who they are, where they live or leads, marshaling the funds to provide parlay our differences into political ad- whom they love. officer training on domestic violence vantage, I urge my colleagues try to Sometimes it takes an extra step on would be impossible without VAWA as- bridge the divide first. our part to make sure underserved sistance.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.018 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2777 These local experts also stressed the of Corrections, who also joined us at ices, HHS, ignores the continuing prob- critical need for ongoing and continued the roundtable, reminded us how, in lem of grant management and waste, training. MAJ Nathaniel McQueen of the early days of addressing domestic fraud and abuse at the Office of Vio- the Delaware State Police noted that violence, the typical response was to lence Against Women, OVW, and dis- because the research continues to ‘‘lock them both up,’’ revictimizing the regards our country’s fragile financial evolve, trainings must be given every innocent party. What seemed an appro- condition, which has worsened signifi- year. priate or sufficient response at one cantly since the last VAWA reauthor- Patricia Dailey Lewis, representing time sounds appalling to our ears ization in 2005. the Family Division of the Delaware today—reinforcing the need to reevalu- First and foremost, I do not think Attorney General’s Office, explained ate these programs regularly. anyone would disagree with the fact that VAWA provides the social workers VAWA makes the whole system bet- that violence of any type against that are critical to ushering victims ter by bringing together the necessary women, domestic, dating or sexual vio- through the criminal justice system. pieces of a fully functioning justice lence, is reprehensible and should not Without a social worker as a guide, the system. At the roundtable, Patricia be tolerated. However, regardless of the complications and frustrations of the Dailey Lewis, representing the Family extent of this or any other problem, we justice system can be overwhelming— Division of the Delaware Attorney must carefully weigh the proper role of ultimately deterring victims from General’s Office, explained that VAWA the Federal Government so Congress coming forward and pushing domestic provides the social workers that are does not violate its limited authority violence back into the shadows. critical to ushering victims through under the Constitution. Domestic vio- VAWA funds the Victims Advocate the criminal justice system. Without a lence laws, like most other criminal Office in the Delaware State Police De- social worker as a guide, the complica- laws, are State laws, and nowhere in partment, which LT Teresa Williams tions and frustrations of the justice the Constitution is the Federal Govern- reported has served over 6,000 Dela- system can be overwhelming—ulti- ment tasked with providing basic fund- wareans in 2 years. As that number mately deterring victims from coming ing to States, localities, and private or- suggests, the prevalence of domestic forward and pushing domestic violence ganizations to operate programs aimed and sexual violence cases remains a back into the shadows. at victims of State crimes such as do- huge concern. Chief James Hosfelt of The breadth of the VAWA commu- mestic violence. Far too often, Con- the Dover Police Department esti- nity is key to its success. This was em- gress infringes upon the rights of the mated that one-third of his case files phasized at the roundtable by Carol people and the States by overreaching relate to incidents of domestic vio- Post, executive director of the Dela- in its legislative efforts. lence. ware Coalition Against Domestic Vio- Although many VAWA programs are Once law enforcement and prosecu- lence, and by Deanee Moran, Director laudable, they are not the Federal Gov- tors have secured a court order, VAWA of the Sexual Assault Network of Dela- ernment’s responsibility. In fact, the plays a pivotal role in reducing recidi- ware. They reported how VAWA touch- entire purpose of this legislation is to vism. As Leann Summa, director of es everything from transitional hous- provide funding for State, local, non- Legal Affairs of the Family Court in ing to the national hotline, from the profit, and victim services grantees to Delaware, explained to me, VAWA safe exchange of children to increased serve victims of State crimes, such as funds through STOP grants provide the awareness on college campuses; from domestic violence, stalking, and sexual only method by which the Delaware STOP grants in rural neighborhoods to violence. These crimes and the treat- Family Court can ensure that individ- SASP funding in urban communities. ment of its victims are appropriately uals comply with court orders of treat- Not only for women, but also for men, in the jurisdiction of the States, not ment and counseling. For victims, and for children. the Federal Government. In light of VAWA also provides the support groups My colleagues who opposed this reau- our current economic crisis, Congress that reach those who might otherwise thorization were willing to put all of must evaluate each and every program fall back into dangerous conditions. this progress at risk. Their insistence to determine if it is constitutional, Maria Matos, executive director of the on excluding some of our friends and whether it is a Federal responsibility, Latin American Community Center, neighbors because of their background and whether it is a priority. Combating explained to me that, while members of or sexual orientation is unconscion- violence against women is certainly a the Latino community do not often able. priority, but it is not a Federal respon- join in support groups, VAWA has I am proud to represent a State that sibility. helped create one that has worked suc- has taken a leadership role in the fight Second, this legislation fails to com- cessfully in Delaware. against domestic violence, and I thank pletely address the duplication and So if we are to tackle a problem this JOE BIDEN, the former Senator from overlap within VAWA programs and large, this pervasive, and this dan- Delaware, for his leadership in advanc- with non-VAWA programs operated by gerous, we need well-trained, dedicated ing the first VAWA statute. both the DOJ and HHS. At the begin- law enforcement officers but we also It is my pleasure, honor, and great ning of every Congress, I send to each need support from a whole community responsibility to do all that I can to se- Senator my letter outlining the cri- providing a broad range of services. cure VAWA reauthorization this year— teria he will use to evaluate legisla- And in Delaware, that is exactly what the safety of our communities depends tion. This Congress, it was also signed we have. VAWA has fostered a commu- on it. by seven other Members. The VAWA nity of those dedicated to reducing vio- Mr. COBURN. Mr. President, I write reauthorization violates several of lence, allowing each group to serve as a today to explain my vote in opposition those criteria, including elimination force multiplier for others and adding to S. 1925, Violence Against Women Re- and consolidation of duplicative pro- value that individual programs alone authorization Act, VAWA. I have sev- grams prior to reauthorization. would not create. eral outstanding concerns with this While I recognize the legislation does Another participant in our round- legislation, some of which were re- consolidate some programs, it has not table, Bridget Poulle, executive direc- flected in the amendments I circulated eliminated all duplication. There are tor of the Domestic Violence Coordi- during the Senate Judiciary Commit- several VAWA grant programs that are nating Council, told me that even tee’s February 2012 markup of this leg- so broad that they duplicate one an- though the council she represented re- islation. In particular, I believe this other, providing multiple opportunities ceives no VAWA funds, that, ‘‘VAWA legislation violates the principles of for grantees to double dip into Federal has allowed all systems to work at a federalism outlined in the Constitu- funds. In addition, the Family Violence higher level.’’ tion, fails to completely address dupli- Prevention and Services Act, FVPSA, Tim Brandau, executive director of cation and overlap both within VAWA which predates the original VAWA leg- CHILD, Inc., agreed that it is the broad programs and with non-VAWA pro- islation, authorized several HHS pro- community created by VAWA that is grams administered by both the De- grams aimed at reducing domestic vio- most important to sustain. Commis- partment of Justice, DOJ, and the De- lence and helping victims. Several of sioner Carl Danberg of the Department partment of Health and Human Serv- those programs fund the same types of

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.046 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2778 CONGRESSIONAL RECORD — SENATE April 26, 2012 services as those authorized by the ists and exonerating the innocent— evidence obtained from different crime VAWA grants in this legislation. DNA, deoxyribonucleic acid, testing scenes, thereby identifying serial Furthermore, in the Government Ac- has become a powerful criminal justice criminals. countability Office, GAO Duplication tool in recent years. ‘‘DNA can be used In order to take advantage of the in- Report released at the end of February to identify criminals with incredible vestigative potential of CODIS, in the 2012, GAO found the DOJ administers accuracy when biological evidence ex- late 1980s and early 1990s, States began more than 250 grant programs to pro- ists. By the same token, DNA can be passing laws requiring offenders con- vide crime prevention, law enforce- used to clear suspects and exonerate victed of certain offenses to provide ment, and victims’ services, totaling persons mistakenly accused or con- DNA samples. Currently all 50 states approximately $30 billion since 2005. victed of crimes. In all, DNA tech- and the Federal Government have laws Specifically, GAO noted more than 20 nology is increasingly vital to ensuring requiring that DNA samples be col- percent of the 253 grants reviewed by accuracy and fairness in the criminal lected from some categories of offend- GAO are for victims’ assistance. justice system,’’ according to the De- ers. In addition, according to GAO, this partment of Justice. When used to its full potential, DNA June that office will be releasing yet ‘‘Each person’s DNA is unique (with evidence will help solve and may even another duplication report specifically the exception of identical twins). prevent some of the Nation’s most seri- on the OVW, Office of Justice Pro- Therefore, DNA evidence collected ous violent crimes. However, the cur- grams, OJP, and Community Oriented from a crime scene can implicate or rent Federal and State DNA collection Policing Services, COPS Program. Be- eliminate a suspect, similar to the use and analysis system needs improve- fore moving forward with a VAWA re- of fingerprints. It also can analyze un- ment, according to the Department of authorization, Congress should evalu- identified remains through compari- Justice: In many instances, public ate this report on OVW to determine sons with DNA from relatives. Addi- crime labs are overwhelmed by back- how we can streamline the victims’ tionally, when evidence from one crime logs of unanalyzed DNA samples. In ad- services DOJ already provides. Reau- scene is compared with evidence from dition, these labs may be ill-equipped thorizing VAWA programs now, with- another using the Combined DNA Index to handle the increasing influx of DNA out taking into account the recent and System, those crime scenes can be samples and evidence. The problems of forthcoming work of GAO, is pre- linked to the same perpetrator locally, backlogs and lack of up-to-date tech- mature. statewide, and nationally.’’ nology result in significant delays in As a result, I am very disappointed ‘‘When biological evidence from the administration of justice. More re- the Democrats refused to allow a vote crime scenes is collected and stored search is needed to develop faster on the amendment No. 2085 I filed to properly, forensically valuable DNA methods for analyzing DNA evidence. eliminate unnecessary duplication can be found on evidence that may be Professionals working in the criminal within DOJ, especially since the sav- decades old. Therefore, old cases that justice system need additional training ings would have been largely directed were previously thought unsolvable and assistance in order to ensure the to helping bring justice to rape cases. may contain valuable DNA evidence optimal use of DNA evidence to solve This amendment would have provided capable of identifying the perpe- crimes and assist victims. at least $600 million in additional funds Thousands of sexual assault DNA trator.’’ to support efforts to use DNA to solve In New York authorities used DNA kits are still not tested—‘‘The demand crimes. evidence to link a man to at least 22 for DNA testing continues to outstrip This amendment would have required sexual assaults and robberies. Authori- the capacity of crime laboratories to the Department of Justice to identify process these cases,’’ according to a ties in Philadelphia, PA, and Fort Col- every program its administers, consoli- National Institute of Justice report. lins, CO, used DNA evidence to link date unnecessary duplication, and ‘‘The bottom line: crime laboratories and then solve a series of crimes—rapes apply savings towards resolving rape are processing more cases than ever be- and a murder—perpetrated by the same cases and reducing the deficit. fore, but their expanded capacity has Specifically, the amendment directed individual. DNA is generally used to solve not been able to meet the increased de- the Attorney General to develop a plan crimes in one of two ways. First, in mand.’’ that would result in financial cost sav- The DNA casework backlog, con- cases where a suspect is identified, a ings of at least 20 percent of the nearly sisting of forensic evidence collected— sample of that person’s DNA can be $3.9 billion in duplicative grant pro- from crime scenes, victims and sus- compared to evidence from the crime grams identified by the Government pects in criminal cases—has more than Accountability Office. scene. The results of this comparison doubled from less than 50,000 in 2005 to According to GAO, since 2005, Con- may help establish whether the suspect more than 100,000 in 2009. gress has spent $30 billion in overlap- committed the crime. Second, in cases There are thousands of rape kits ‘‘sit- ping Department of Justice grants for where a suspect has not yet been iden- ting waiting to be tested’’ in Houston, crime prevention police and victims tified, biological evidence from the TX alone. The Houston Police Depart- services from more than 250 DOJ grant crime scene can be analyzed and com- ment may have up to 7,000 sexual as- programs, and $3.9 billion in grants pared to offender profiles in DNA data- sault kits that have not been tested. just in 2010. bases to help identify the perpetrator. Houston recently accepted an $821,000 As much as 75 percent of the savings, Crime scene evidence can also be Federal grant to study the backlog of nearly $600 million, may be directed to- linked to other crime scenes through untested kits, but ‘‘the bulk of the wards alleviating any backlogs of anal- the use of DNA databases. money has to be spent on figuring out ysis and placement of DNA samples DNA evidence is generally linked to the reasons rape kits have gone untest- from rape, sexual assault, homicide, DNA offender profiles through DNA ed’’ and less than half of the money kidnapping and other criminal cases, databases. In the late 1980s, the Federal ‘‘will go towards dealing with the ac- including casework sample and con- Government laid the groundwork for a tual backlog.’’ victed offender backlogs, into the Com- system of national, State, and local This amendment provides roughly bined DNA Index System. The remain- DNA databases for the storage and ex- $600 million to help resolve more than der of the savings will be returned to change of DNA profiles. This system, 340,000 rape and other criminal cases the Treasury for the purpose of deficit called the Combined DNA Index Sys- with DNA testing—This amendment reduction. tem, CODIS, maintains DNA profiles would have provided at least $600 mil- By requiring the consolidation and obtained under the Federal, State, and lion in additional funds to support ef- elimination of duplication at DOJ, local systems in a set of databases that forts to use DNA to solve crimes. Congress will free Federal funding are available to law enforcement agen- The amendment would have directed which can be more appropriately dedi- cies across the country for law enforce- the Attorney General to develop a plan cated to bringing justice to rape vic- ment purposes. CODIS can compare that would result in financial cost sav- tims, while also reducing the deficit. crime scene evidence to a database of ings of at least 20 percent of the nearly DNA testing provides a powerful DNA profiles obtained from convicted $3.9 billion in duplicative grant pro- criminal justice tool to convicting rap- offenders. CODIS can also link DNA grams identified by the Government

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.020 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2779 Accountability Office. As much as 75 efficiency, and terminate lower pri- Addressing duplication at GAO is one percent of the savings, nearly $600 mil- ority, outdated and unnecessary pro- step in addressing our nearly $16 tril- lion, may be directed towards alle- grams. lion debt—With the release of the GAO viating any backlogs of analysis and According to GAO, since 2005 Con- report, combined with last year’s rec- placement of DNA samples from rape, gress has spent $30 billion in overlap- ommendations, Congress and the ad- sexual assault, homicide, kidnapping, ping Department of Justice grants for ministration have been given extensive and other criminal cases, including crime prevention, police, and victims details in 132 areas of government du- casework sample and convicted of- services through more than 250 pro- plication and opportunities for signifi- fender backlogs, into the Combined grams, and $3.9 billion in grants in cant cost savings, with dozens of rec- DNA Index System. The remainder of 2010.—In February, the Government ommendations for how to address the the savings will be returned to the Accountability Office, GAO, released duplication and find these savings. Treasury for the purpose of deficit re- its second annual report addressing du- The problem in Congress today is not duction. plication and areas for cost savings an issue of ignorance—it is one of indif- In 2010, National Institute of Jus- throughout the Federal Government. ference and incompetence. We know we tice’s DNA Backlog Reduction Pro- The report, ‘‘Opportunities to Reduce have a problem. We know we have can- gram provided more than $64.8 million Duplication, Overlap and Fragmenta- cer. Yet we refuse to stop making it which allowed more than 37,000 cases to tion, Achieve Savings, and Enhance worse, we refuse to apply the treat- be tested. The $600 million provided by Revenue,’’ exposed 51 specific examples ment, and we refuse to take the pain of this amendment could therefore be of government duplication and areas of the medication for the long-term ben- enough to provide testing for over Federal spending with potential for sig- efit of a cure. 342,000 cases. nificant cost savings. The report provides a clear listing of No list of Justice Department pro- Included in this year’s report are dozens of areas ripe for reform and in grams exists, yet GAO found more than some very troubling findings of exten- need of collaboration from members on 250 overlapping DOJ grant programs— sive duplication in a large portion of both sides of the aisle, to find solutions As with many other agencies, the Jus- Department of Justice, DOJ, programs. to address these issues. tice Department cannot fully account GAO found the Justice Department ad- We are looking into a future of tril- for each program in its purview. In ministers more than 250 duplicative lion dollar deficits and a national debt fact, in its review of DOJ programs for programs to provide ‘‘crime preven- quickly headed toward $20 trillion. Our their annual report on duplication, tion, law enforcement, and crime vic- Nation is not on the verge of bank- even the GAO could not fully account tim services,’’ costing taxpayers rough- ruptcy, it is already bankrupt. Over for every program at the agency. ly $30 billion in the last 6 years. the last 2 years, there have been count- The number of Justice programs de- Their report details the widespread less discussions and bipartisan talks tailed by GAO, 253, may actually be an duplication in the Department, enu- about how to address our debt and def- understatement. The report explains merating at least 56 victims’ assistance icit. Yet there has been little agree- Justice grant programs can continue programs, 33 juvenile justice efforts, ment, and at the end of this year we for up to 5 years, and as such, ‘‘the more than 40 technology and forensics will be faced with another tax extend- total number of active justice grant grant solicitations, and 16 community ers package and another increase in programs can be higher than what is crime prevention strategy programs, to the debt limit, all while sequestration presented,’’ which is only a one year name a handful of the many identified. will be poised to kick in and achieve snapshot of the Department’s pro- In 1 year alone, three primary of- the savings Congress has been unable grams. fices—the Office of Justice Programs, to muster the courage to pass. This amendment would require the the Office on Violence Against Women, But, before us, we have part of the Department to provide a full listing of and the Community Oriented Policing answer. GAO’s work presents Wash- every single program administered Services Office—awarded $3.9 billion ington with literally hundreds of op- under their jurisdiction, which will as- through 11,000 grants, many of which tions for areas in which we could make sist in Congress’s work to address this the GAO found to be duplicative and in a decision now to start finding savings, extensive overlap when making funding need of review and coordination. potentially hundreds of billions of dol- decisions. GAO attributes much of the duplica- lars. If we are unable to agree on elimi- In their duplication report, GAO re- tion among these 253 grant programs to nating even one small duplicative pro- vealed that ‘‘overlap and fragmenta- the fact Justice officials do not con- gram or tax credit when clearly we tion among government programs or duct a full cross reference check to en- know there are hundreds, we have lit- activities can be harbingers of unneces- sure applicants have not applied for or tle hope of ever coming to a com- sary duplication. Reducing or elimi- received overlapping grants from the prehensive compromise for fixing our nating duplication, overlap, or frag- Department. floundering budget. mentation could potentially save bil- In fact, Justice employees contend Congress should require the Depart- lions of taxpayer dollars annually and they simply do not have enough time ment of Justice to provide a full listing help agencies provide more efficient before providing a grant to ensure re- of every program in their jurisdiction. and effective services.’’ cipients have not already received Further, the Department can find sav- This amendment would have ad- funding. GAO observed, ‘‘Justice offi- ings from consolidating the overlap dressed this overlap and unnecessary cials stated that the timeline for re- outlined by the GAO, freeing up Fed- duplication at the Department of Jus- viewing applications, making rec- eral funding to dedicate toward solving tice by also requiring the following: a ommendations on their merit, and unresolved rape cases, while also reduc- listing of other programs within the processing awards each year is com- ing the deficit. Federal Government with duplicative pressed and that it would be difficult to As a Nation, we simply cannot afford or overlapping missions and services; build in the extra time and level of co- to reauthorize programs that waste the latest performance reviews for the ordination required to complete an taxpayer dollars by duplicating pro- program, including the metrics used to intradepartmental review for poten- grams operated by other Federal agen- review the program; the latest im- tially unnecessary duplication of fund- cies for the same purposes. To be clear, proper payment rate for the program, ing prior to making awards.’’ addressing duplication and overlap is including fraudulent payments; and the This amendment would direct DOJ to not a matter of refusing to provide total amount of unspent and unobli- use their own authority to eliminate services to victims of domestic vio- gated program funds held by the agen- and consolidate overlapping programs lence but, rather, it is to ensure they cy and grant recipients. as identified by GAO and develop a are properly served by programs that This information would be updated plan that would result in financial cost are efficient, effective and not bogged annually and posted on-line, along with savings of no less than 20 percent of the down in Federal Government bureauc- recommendations from the agency to nearly $3.9 billion in duplicative grant racy. consolidate duplicative and overlap- programs identified by the Government Third, both the Government Ac- ping programs, eliminate waste and in- Accountability Office. countability Office, GAO, and the DOJ

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.021 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2780 CONGRESSIONAL RECORD — SENATE April 26, 2012 Office of the Inspector General, DOJ lion. It is now over $15.6 trillion—a ple, the Indian Civil Rights Act only OIG, have repeatedly documented the growth of over $7.5 trillion, or 92.6 per- guarantees right to counsel at an indi- failure of OVW to manage its grants cent, in just over 6 years. The Federal vidual’s own expense. If the ‘‘all per- and monitor its grantees effectively. Government is in no position to spend sons’’ language is as absolute as it ap- Following this statement, I have in- more money on any grant programs pears, it could allow a non-Indian to be cluded in the RECORD summaries of without offsets. We simply cannot af- tried in tribal court without the full both GAO and DOJ OIG reports on ford it. protection of the Constitution. S. 1925 OVW and VAWA grants. Overall, DOJ Although Chairman LEAHY recog- includes language that says: ‘‘In a has long had problems with its grant nized the inordinately high authoriza- criminal proceeding in which a partici- management. The DOJ OIG has pub- tion levels in the last VAWA reauthor- pating tribe exercises special domestic lished for more than a decade a list of ization by reducing some of those violence criminal jurisdiction, the par- the Top 10 Management Challenges at amounts, S. 1925 continues to inflate ticipating tribe shall provide to the de- the DOJ. Grant management, unfortu- the actual funding we know Congress fendant . . . all other rights whose pro- nately, has appeared on that list ever will provide to VAWA grantees. The tection is necessary under the Con- since the inception of this evaluation, bill authorizes approximately $660 mil- stitution of the United States in order with OVW being called out as particu- lion in grants each year for 5 years, to- for Congress to recognize and affirm larly problematic. taling $3.3 billion. None of these funds the inherent power of the participating Since 2001, GAO has noted various are offset. The 2005 VAWA reauthoriza- tribe to exercise special domestic vio- problems at OVW and with particular tion provided approximately $779 mil- lence criminal jurisdiction over the de- VAWA grants. With regard to OVW lion per year for 5 years, totaling $3.89 fendant.’’ Still, I am not certain this is grant management, GAO noted grants billion. Thus, while S. 1925 reauthorizes enough and am afraid it will be subject awarded by OVW ‘‘often lacked the a total of $590 million less than the 2005 to future court challenges. documentation necessary to ensure VAWA reauthorization, this total is Proponents of this provision argue that the required monitoring activities still much higher than actual past ap- that such allowances to tribal courts occurred.’’ As a result OVW ‘‘was not propriations. are necessary because no one is pros- positioned to systematically determine In fact, from 2007 to 2011, Congress ecuting non-Indian offenders, and that staff compliance with monitoring re- appropriated a total of $2.71 billion for may be true in some cases. But, instead quirements and assess overall perform- VAWA grant programs, which is $590 of creating a conflict between Indian ance.’’ million less than this bill’s authorized country and the Federal Government’s Furthermore, since 1998, the DOJ IG funding. From 2007 to 2011, although jurisdiction over American citizens has issued audit after audit noting un- Congress authorized a total of $3.89 bil- who commit crimes, we believe we allowable expenditures, questioned lion, it actually appropriated $1.18 bil- should deal with the bigger problem by grant costs, weak internal reporting, lion less than that figure, 2.71 billion. holding the Department of Justice and and poor oversight in numerous VAWA Thus, while S. 1925 may reduce author- local U.S. attorneys accountable for grants across the country. For exam- izations, it still provides a total au- not prosecuting these cases. ple, a 2011 DOJ IG audit of a Boston thorization that is significantly higher Finally, while I applaud and support grantee questioned over half $638,298 of than total VAWA appropriations over Senator GRASSLEY’s effort to increase its $1.3 million grant. The questioned the past 5 years. If we know, based on accountability at the DOJ and to ad- costs were used for unsupportable con- past funding history, it is highly un- dress problematic definitions, immi- ferences, bonus payments, and consult- likely Congress will ever provide to gration provisions, and criminal stat- ant fees. VAWA grantees the level of funding au- utes in his substitute amendment, for Even my constituents have directly thorized in this legislation, why would many of the same reasons I outline experienced OVW mismanagement. For we send a false message to grantees by above, I must also oppose his sub- example, the Oklahoma District Attor- retaining such inflated estimates in stitute. Although Senator GRASSLEY’s neys Council, OK DAC, which is the VAWA? alternative is, in several areas, likely a Oklahoma State administrative agency Fifth, I also have concerns about a better alternative than S. 1925, it fails for many Federal grants, has had spe- section of this bill that allows a tribal to reduce authorizations or offset those cific, documented problems with the court to have jurisdiction over non-In- amounts, does not fully address grant poor job OVW has been doing in its dians who commit a domestic violence management problems at OVW or pro- grant management and oversight. OVW crime in Indian country or against an gram duplication, and still runs does not answer or return phone calls Indian. The language explicitly pro- counter to my basic constitutional in a timely manner and has consist- vides that the self-governance of a concerns with VAWA programs. ently been unavailable to answer tribe includes the right ‘‘to exercise As a result, I cannot support S. 1925 grantees’ questions in the middle of the special domestic violence criminal ju- or Senator GRASSLEY’s substitute. work week. Moreover, according to the risdiction over all persons.’’ To my I ask unanimous consent to have the OK DAC, in the last 4 years that Okla- knowledge, this is the first time the attached documents supporting my homa has received one particular Federal Government has given Indian statement on the Violence Against VAWA grant, OVW has failed to per- courts jurisdiction over ‘‘all persons.’’ Women Act of 2011 in the RECORD. form even one site visit to check on the While I recognize domestic violence is There being no objection, the mate- implementation of the grant and the a serious problem in Indian Country, rial was ordered to be printed in the grantee’s use of Federal funds. this change could cause particular RECORD, as follows: After more than a decade of signifi- problems with tribes in Oklahoma. SUMMARY OF GOVERNMENT ACCOUNTABILITY cant challenges, it is my hope the DOJ Oklahoma has no reservations, but it OFFICE (GAO) REPORTS ADDRESSING VIO- OIG will be able to remove grant man- does have 39 separate Indian govern- LENCE AGAINST WOMEN ACT (VAWA) agement from DOJ’s top 10 manage- ments. The individual allotment lands GRANTS AND/OR THE OFFICE OF VIOLENCE ment challenges. However, until that and trust lands are small and dispersed AGAINST WOMEN occurs, it is the job of Congress to en- within Oklahoma communities and ‘‘JUSTICE IMPACT EVALUATIONS: ONE BYRNE sure we are not turning a blind eye to counties. The tribes do not have large EVALUATION WAS RIGOROUS; ALL REVIEWED DOJ’s failure to properly administer continuous land bases, and because of VIOLENCE AGAINST WOMEN OFFICE EVALUA- taxpayer funds through Federal grant its unique history, many Oklahomans TIONS WERE PROBLEMATIC,’’ UNITED STATES programs, including those authorized claim Indian enrollment but have no GOVERNMENT ACCOUNTABILITY OFFICE, GA0– 02–309, MARCH 2002 by VAWA. relationship to the tribe or a tribal Fourth, the fiscal condition of our community. The title of this report summarizes the country has worsened dramatically Further, the Bill of Rights does not VAWA program well—‘‘all reviewed Violence Against Women Office evaluations were since the original passage of this bill in apply in Indian courts. Instead, most of problematic.’’ 1994 and the last reauthorization in the protections are preserved because From 1995–2001, NIJ awarded $6 million for 2005. In fact, at the end of 2005, our na- of the Indian Civil Rights Act, but it five Byrne grant evaluations and five VAWA tional debt was approximately $8.1 tril- does not preserve all rights. For exam- grant evaluations. VAWA funds provided all

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of the funding for NIJ’s evaluation of its ‘‘PREVALENCE OF DOMESTIC VIOLENCE, DATING not be reliable because ‘‘recipients of grants grants ($4 million). GAO reviewed in depth VIOLENCE, SEXUAL ASSAULT, AND STALKING,’’ administered by all three agencies use vary- three of the VAWA evaluations, ‘‘all of UNITED STATES GOVERNMENT ACCOUNT- ing data collection practices.’’ which . . . had methodological problems that ABILITY OFFICE, IN RESPONSE TO A REPORT While I understand concerns for victims’ raise concerns about whether the evalua- MANDATED BY THE VIOLENCE AGAINST WOMEN confidentiality and safety, there are clearly tions will produce definitive results.’’ AND DOJ REAUTHORIZATION ACT OF 2005, GAO– improvements that can be made in improv- ‘‘With more up-front attention to design 07–148R, NOVEMBER 2006 ing the uniformity and reliability of data and implementation issues, there is a greater VAWA advocates attempt to highlight how collection. In addition, due to Congress placing dif- likelihood that NIJ evaluations provide many (incidence) of these crimes occur and ferent requirements on different grants and meaningful results for policymakers.’’ how many people are victimized (prevalence) While OVW provides grantees flexibility to having a complicated maze of grant pro- as evidence of why we need to pay for addi- grams we cannot keep track of, we have not develop projects to fit their communities, tional services to victims of domestic vio- ‘‘the resulting project variation makes it provided the appropriate consistency to lence. However, this GAO report notes there grantees to make data collection require- more difficult to design and implement de- is not an accurate nationwide estimate of finitive impact evaluations of the program. ments easy to understand and perform. Bet- the prevalence of domestic violence, sexual ter drafting on our part could also improve Instead of assessing a single, homogeneous assault, dating violence, and stalking. program with multiple grantees, the evalua- the data we receive, which, in turn, would That is not to say it does not occur. Rath- greatly improve and inform our policy- tion must assess multiple configurations of a er, that is to note, as policymakers, we real- making efforts. program, thereby making it difficult to gen- ly do not have adequate information to make STATEMENT OF EILEEN LARENCE, DIRECTOR OF eralize about the entire program.’’ decisions on what grants are necessary, if HOMELAND SECURITY AND JUSTICE, UNITED All three VAWA evaluations were designed any, to address this problem because we do STATES GOVERNMENT ACCOUNTABILITY OF- ‘‘without comparison groups [which] hinders not know its scope. GAO notes ‘‘no single, FICE, TESTIMONY BEFORE THE COMMITTEE ON the evaluator’s ability to isolate and mini- comprehensive effort currently exists that THE JUDICIARY, UNITED STATES SENATE, mize external factors that could influence provides nationwide statistics on the preva- ‘‘THE VIOLENCE AGAINST WOMEN ACT: BUILD- the results of the study.’’ As a result, ‘‘lack lence of these four categories of crime [do- ING ON 17 YEARS OF ACCOMPLISHMENTS,’’ of comparison groups . . . makes it difficult mestic violence, sexual assault, dating vio- GAO–11–833T, JULY 13, 2011 to conclude that a reduction in violence lence, and stalking].’’ In fact, ‘‘since 2001, against women and children . . . can be at- the amount of national research that has This testimony focused on a review of the 2006 and 2007 reports above and updates to tributed entirely, or in part, to the . . . pro- been conducted on the prevalence of domes- those recommendations conducted in July gram. Other external factors may be oper- tic violence and sexual assault has been lim- ating.’’ 2011. ited, and even less research has been con- Of the eleven national data collection ef- STATEMENT OF LAURIE EKSTRAND, DIRECTOR OF ducted on dating violence and stalking.’’ forts mentioned in the 2006 report, four only JUSTICE ISSUES, UNITED STATES GOVERNMENT Yet, in the 2000 reauthorization of VAWA, focused on incidence (the number of times a ACCOUNTABILITY OFFICE, TESTIMONY BEFORE language was added to put greater emphasis crime is committed), not the prevalence THE SUBCOMMITTEE ON CRIME AND DRUGS, on dating violence. (how many individuals are actually victim- COMMITTEE ON THE JUDICIARY, UNITED While it could be costly to design a single, ized). STATES SENATE, ‘‘LEADING THE FIGHT: THE nationwide effort, DOJ has not even per- GAO reports DOJ’s OJJDP completed a na- VIOLENCE AGAINST WOMEN OFFICE,’’ GAO–02– formed a cost-benefit analysis to determine tionwide survey in 2009 of incidence and 641T, APRIL 16, 2002 if such a national effort should move for- prevalence of children’s exposure to violence. The primary conclusion of Ms. Ekstrand’s ward. This should help in the area of teen dating testimony was the following: ‘‘Our recent In addition, while there have been some violence. While CDC has begun a teen dating work has shown a need for improvement in analysis by individual subdivisions of agen- violence prevention initiative, it just began [OVW] grant monitoring and in the evalua- cies (approximately 11 collection efforts fo- implementing the first phase in four high tions that are intended to assess the impacts cusing on various aspects of domestic vio- risk areas in September 2011, and results are of [OVW] programs.’’ lence), even their work has not produced re- not expected until 2016. Thus, GAO says ‘‘it VAWA programs have grown significantly sults that can be extrapolated nationally. is too early to tell the extent to which this since its 1995 inception. Between 1995 and For example, the CDC and OJP have taken effort will fully address the information gap 2000, the number of VAWA discretionary some steps at providing consistency in some related to prevalence of stalking victims grants ‘‘increased about 362%—from 92 in FY of their data collection and definitions of under the age of 18.’’ 1996 . . . to 425 in FY 2000.’’ During the same terms such as ‘‘dating violence’’ or ‘‘domes- In 2006, GAO reported different agencies time period, the dollar amount of all VAWA tic violence,’’ however, GAO notes even used different definitions related to different discretionary grants ‘‘increased about 940%— agencies like these ‘‘encourage but do not re- types of domestic violence, which led to from just over $12 million in FY 1996 . . . to quire grantees to use these definitions as problems collecting accurate national statis- about $125 million in FY 2000.’’ part of their research efforts and cannot al- tics. This report notes HHS still continues to Ms. Ekstrand referenced the March 2002 re- ways use these definitions in their own encourage the use of uniform definitions, but port by stating ‘‘grant files for discretionary work.’’ it does not require grantees to do so. In 2010, grants awarded by [OVW] often lacked the GAO concludes, ‘‘the absence of com- CDC convened a panel to update and revise documentation necessary to ensure that the prehensive nationwide prevalence informa- its definitions. CDC is reviewing those re- required monitoring activities occurred.’’ As tion somewhat limits the ability to make in- sults and plans another panel in 2012. DOJ has reported its juvenile justice divi- a result OVW ‘‘was not positioned to system- formed policy and resource allocation deci- sion created common definitions for use in a atically determine staff compliance with sions about the statutory requirements and programs create to help address these four national survey of children’s exposure to vio- monitoring requirements and assess overall lence. This is encouraging, but clearly sig- categories of crime and victims.’’ performance.’’ nificant divisions of DOJ, such as OVW, REPORT TO THE HONORABLE ELEANOR HOLMES ‘‘SERVICES PROVIDED TO VICTIMS OF DOMESTIC which are responsible for a large portion of NORTON, HOUSE OF REPRESENTATIVES, ‘‘VIO- VIOLENCE, SEXUAL ASSAULT, DATING VIO- VAWA grants, have not reported advances in LENCE AGAINST WOMEN: DATA ON PREGNANT LENCE, AND STALKING,’’ UNITED STATES GOV- developing common definitions. VICTIMS AND EFFECTIVENESS OF PREVENTION ERNMENT ACCOUNTABILITY OFFICE, IN RE- A CDC/NIJ Report on the prevalence of do- STRATEGIES ARE LIMITED,’’ UNITED STATES SPONSE TO A REPORT MANDATED BY THE VIO- mestic violence was released mid-December GOVERNMENT ACCOUNTABILITY OFFICE, GA0– LENCE AGAINST WOMEN AND DOJ REAUTHOR- 2011. 02–530, MAY 2002 IZATION ACT OF 2005, GAO–07–846R, JULY 2007 As a result of the 2007 report, HHS and DOJ This report was requested by Eleanor This is the second part of the mandate to stated ‘‘they modified their grant recipient Holmes Norton due to her concern about GAO from the 2005 VAWA Reauthorization. forms to improve the quality of the recipient pregnant women being victims of homicide The first part was completed in the Novem- data collected and to reflect statutory and other types of violence. ber 2006 report mentioned above. changes to the programs and reporting re- GAO concluded the data was incomplete on This report focused on eleven federal grant quirements.’’ Officials stated this resulted in the number of pregnant women who are vic- programs and how each collected and re- an increase in the quality of data received. Overall, GAO’s testimony concluded ‘‘hav- tims of violence and that data ‘‘lacks com- ported data to the respective agencies (OVW/ ing better and more complete data on the parability.’’ OVC/HHS–ACF) on the services they provide. prevalence of domestic violence, sexual as- ‘‘Research findings on whether women are While information is reported, ‘‘data are not sault, dating violence and stalking as well as at increased risk for violence during preg- available on the extent to which men, related services provided to victims . . . can nancy are inconclusive.’’ A report by the women, youth, and children receive each without doubt better inform and shape the CDC noted, ‘‘the risk of physical violence type of service for all services.’’ GAO notes federal programs intended to meet the needs does not seem to increase during preg- this ‘‘occurs primarily because the statutes of these victims.’’ nancy.’’ governing these programs do not require the Little information is available on the ef- collection of such data.’’ Mrs. FEINSTEIN. Mr. President, I fectiveness of strategies to prevent and re- Even if such data were available, GAO rise today to express support for the re- duce violence against women . . .’’ notes, among several concerns, the data may authorization of the Violence Against

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.019 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2782 CONGRESSIONAL RECORD — SENATE April 26, 2012 Women Act—VAWA. VAWA is a crit- Through the use of VAWA funding, ing frequency, victims are being ical piece of legislation that protects Alameda County created the Family stalked over the Internet through e- American women from the plague of Justice Center in 2005 to provide com- mail, blogs, and Facebook. When stalk- domestic violence, stalking, dating vio- prehensive services to adults and chil- ing is done online, the message sent by lence and sexual assault. The Violence dren who experience domestic violence the perpetrator is memorialized for- Against Women Act is the centerpiece or sexual assault. Today, the center is ever, making it more difficult for vic- of the federal government’s efforts to a national model of how communities tims to put the painful experience in combat domestic violence and sexual can bring service professionals to- the past and move forward in their assault and has transformed the re- gether to serve crime victims. lives. sponse to these crimes at the local, During these tough economic times, Despite the fact that the underlying State and federal levels. the demand for the Family Justice bill has 61 cosponsors from both par- As my colleagues know, VAWA was Center’s services has grown—as has its ties, not a single Republican member of signed into law in 1994. This body reau- need for VAWA funding. In the center’s the Judiciary Committee—of which I thorized it in 2000 and again in 2005 on first year, they treated approximately am a longtime member—voted to ad- an overwhelming bipartisan basis. And 8,000 clients, including an estimated vance the legislation. it is my hope that we can repeat this 1,000 children. In 2010, the center treat- The bill considered in the Judiciary bipartisan cooperation with the cur- ed 12,000 clients. Last year, the center Committee includes several changes rent reauthorization bill. I applaud treated more than 18,000 women, men, that I believe improve the underlying those on both sides of the aisle for children and teens who were victims of bill. coming together to support this legis- interpersonal violent crimes. For example: It creates one very lation. The measure today has a total During a recent visit to my office, modest new grant program, consoli- of 61 cosponsors, including eight Re- the Alameda County District Attorney dates 13 existing programs, and reduces publicans. VAWA has always been bi- noted that without VAWA funding it authorization levels for all other pro- partisan, is bipartisan today, and needs would not be possible for the Family grams by 17 percent. The new bill to come to a vote. Justice Center to continue to serve would decrease the total authorization During my days as the mayor of San this growing population of crime vic- level of $795 million in fiscal year 2011 Francisco, law enforcement officers tims. to $659 million in fiscal year 2012. And most worried about responding to do- The vital need for domestic violence it places emphasis on preventing do- mestic abuse calls. That is where prevention services was highlighted in mestic homicides and reduces the na- things got really rough. Tragically, I a recent survey by the Centers for Dis- tional backlog of untested rape kits. saw it happen over and over again. It ease Control and Prevention—CDC— Yet, there are some who refuse to was a big problem then, and it remains which found that on average, 24 people support it because it now includes ex- a big problem today. per minute are victims of rape, phys- panded protections for victims. Specifi- To address these problems, the bill ical violence, or stalking by an inti- cally, VAWA was expanded to include reauthorizes a number of grant pro- mate partner in the United States. additional protections for gay and les- grams administered by the Depart- Over the course of a year, that equals bian individuals, undocumented immi- ments of Justice and Health and more than 12 million women and men. grants who are victims of domestic Human Services to provide funding for In California, about 30,000 people abuse, and authority for Native Amer- emergency shelter, counseling, and accessed crisis intervention services ican tribes to prosecute crimes. legal services for victims of domestic from one of California’s 63 rape crisis In my view, these are improvements. violence, sexual assault and stalking. centers in 2010 and 2011. These centers Domestic violence is domestic vio- It also provides support for State agen- primarily rely on federal VAWA fund- lence. I ask those who oppose the bill: cies, rape crisis centers, and organiza- ing—not State funding—to provide If the victim is in a same-sex relation- tions that provide services to vulner- services to victims in their commu- ship, is the violence and danger any able women. And American women are nities. less real? If a family comes to this safer because we took action. Today, more victims report incidents In 2009 alone, there were more than country and the husband beats his wife of domestic violence to the police, and 167,000 cases in California in which to a bloody pulp, do we say, well, you the rate of non-fatal partner violence local county or State police officers are illegal; I am sorry, you don’t de- against women has decreased by 53 per- were called to the scene of a domestic serve any protection? cent since 1994, according to the De- violence complaint according to the 911 operators and police officers don’t partment of Justice. Because of VAWA, California Department of Justice. refuse to help a victim because of their States have the funding to implement The bill we are are considering today sexual orientation or the country ‘‘evidence-based’’ anti-domestic vio- gives increased attention to victims of where they were born. When you call lence programs, including ‘‘lethality sexual violence. This form of violence the police in America, they come. screens,’’ which law enforcement uses is particularly destructive because, for VAWA will help ensure that all vic- to predict when a person is at risk of many years, our society viewed sexual tims have access to life-saving serv- becoming the victim of deadly abuse. violence as the fault of the victim, not ices, regardless of sexual orientation or In my home state of California, with the perpetrator. gender identity. Lesbian, gay, bisexual the help of VAWA funds, we reduced Although VAWA has always ad- and transgendered victims experience the number of domestic violence homi- dressed the crime of sexual assault, a domestic violence in 25 percent to 35 cides committed annually by 30% be- smaller percentage of the bill’s grant percent of relationships—the same rate tween 1994, the year in which VAWA funding goes to sexual assault victims as heterosexual couples. Yet, these vic- was enacted, and 2010. Simply put, than is proportional to their rates of tims are often turned away when they VAWA funding saves lives. victimization. The bill does three seek help from shelters and profes- An extremely noteworthy example of things to address this imbalance: No. 1, sional service providers and they do VAWA’s success came to my office it provides an increased focus on train- not receive the help they need. from the Alameda County District At- ing for law enforcement and prosecu- VAWA would improve the LGBT torney. tors to address the ongoing needs of community’s ability to access services In 1997, Alameda County, CA reported sexual assault victims; No. 2, the bill by explicitly prohibiting grant recipi- 27 deaths as a result of domestic vio- extends VAWA’s housing protections to ents from discriminating based on sex- lence. That was about the normal rate these victims; No. 3, and the bill en- ual orientation or gender identity and at that time. But by last year, 2011, the sures that those who are living with, by clarifying that gay and lesbian vic- district attorney reported just three but not married to, an abuser qualify tims are included in the definition of deaths. The district attorney credits for housing assistance available under underserved populations. VAWA for reducing the number of do- VAWA. Domestic and sexual violence in mestic violence homicides in Alameda The bill also updates the federal Tribal communities is a problem of epi- County. This is a clear example of why criminal code to clarify that demic proportions. Studies indicate we need to reauthorize VAWA. cyberstalking is a crime. With increas- that nearly three out of five Native

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.058 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2783 American women have been assaulted I yield the floor. the assistance they need. I strongly by their spouses or intimate partners. Mr. LEVIN. Mr. President, in 1994 support these important extensions of The VAWA Reauthorization bill pro- and again in 2000 and 2005, the Senate the act’s protections, and I encourage vides law enforcement with additional took a strong, bipartisan stance my colleagues to support them as well. tools to take on the plague of violence against acts of domestic and sexual vi- This is not a partisan issue. I hope affecting Native women. The bill adds olence that alter the lives of far too the Senate can, as it has in the past, new Federal crimes—including a 10- many American families and especially send a strong bipartisan message of year offense for assaulting a spouse or American women. With the passage support to survivors of domestic or sex- intimate partner by strangling or suf- and later reauthorizations of the Vio- ual violence. And I hope our colleagues focation—the two types of assault that lence Against Women Act, Congress in the House of Representatives will are frequently committed against provided invaluable aid—sometimes quickly take up and approve legisla- women in Indian Country. And it closes lifesaving aid—to hundreds of thou- tion that will make an enormous posi- loopholes to ensure that those who sands of Americans. There is no reason tive difference in the lives of so many. commit domestic violence in Indian we cannot reauthorize this legislation Ms. KLOBUCHAR. Mr. President, I Country do not escape justice. again this year with overwhelming bi- want to briefly comment on an issue The Chairman of the San Manuel partisan support, and I urge my col- that has been raised by some with re- Band of Mission Indians in Highland, leagues on both sides of the aisle and in spect to the stalking provisions in the CA recently wrote to me to emphasize both chambers of Congress to support bill. the importance of closing the jurisdic- this bill. Some outside observers have ques- tional loophole. According to the chair- Since its passage, the Violence tioned whether the language in the bill man, the rampant violence against Na- Against Women Act has provided com- would chill free speech or even crim- tive women can in part be attributed to prehensive support to survivors of do- inalize constitutionally protected the absence of tribal criminal jurisdic- mestic and sexual violence and to the speech. Obviously, that was not the in- tion over non-Indian perpetrators. Federal, State, and local agencies that tent of the language and I do not be- Crimes of domestic violence or dat- confront this scourge every day. The lieve that would be the impact. ing violence that would typically lead original legislation passed in 1994 laid a In fact, a statute cannot criminalize to convictions and sentences of any- strong foundation that helped establish constitutionally protected speech. If it where between 6 months and 5 years in a coordinated response to violence is protected under the Constitution, U.S. courts are too often falling against women. Reauthorizations in then it is protected, plain and simple. through the cracks in the legal system 2000 and 2005 strengthened that founda- The stalking provision is intended to when identical crimes occur in Indian tion. Today, through violence preven- make our anti-stalking laws more ef- Country. tion grants, services to survivors of fective. The problem with current law The Violence Against Women Reau- sexual assault, legal assistance, transi- is that we require a victim to actually thorization Act of 2011 is supported by tional housing grants, assistance to suffer from substantial emotional dis- over 50 national religious organizations law enforcement agencies and prosecu- tress in order for the perpetrator to be including the Presbyterian Church, the tors, and other efforts, VAWA has prosecuted. Episcopal Church, the Evangelical Lu- made an enormous difference. But sometimes victims are not even theran Church, the National Council of Deaths due to violent acts by inti- aware that they are being stalked, es- Jewish Women, National Council of mate partners have decreased signifi- pecially if the stalker is using elec- Catholic Women, the United Church of cantly. And according to a cost-benefit tronic surveillance, video surveillance, Christ and the United Methodist analysis, VAWA saved nearly $15 bil- or other technology that is specifically Church. lion in its first 6 years of existence by designed for spying. As I mentioned earlier, law enforce- avoiding the high social costs violence So a stalker who is using technology ment officers are at particular risk against women exacts on our Nation. to stalk his victim can escape prosecu- when they respond to domestic vio- William T. Robinson, the president of tion simply because he goes undetected lence incidents. According to the Law the American Bar Association, calls by the victim. That does not make Enforcement Officer Deaths Memorial VAWA ‘‘the single most effective fed- sense to me. Fund, in 2009, 23 percent of firearms-re- eral effort to respond to the epidemic With the provision in the bill, we lated deaths involved domestic disturb- of domestic violence, dating violence, allow law enforcement and prosecutors ance calls. In 2010, eight officers were sexual assault and stalking in this to focus on the stalker’s actions, and killed responding to domestic violence country.’’ not just the victim’s emotions. calls. For all its successes, VAWA has not This will allow prosecutions if the VAWA provides needed training to ended our responsibility to act against perpetrator is caught before the victim decrease the risk to law enforcement violence. Domestic and sexual violence has suffered the necessary level of emo- when responding to domestic violence remain far too common for us to aban- tional distress. Under current law, law calls. The legislation includes grants to don our efforts. And just as we have in enforcement has to wait until that develop and strengthen policies and past authorizations, the legislation be- harm has occurred, even though the training for law enforcement to recog- fore us would strengthen our ability to stalker has already committed terrible nize and effectively respond to in- confront violence in new ways. invasions of the victim’s privacy. stances of domestic abuse. Now, some of these new efforts have But I understand the concerns of To me, this bill is a no-brainer. To become controversial. Some of our Re- those who are worried about free stand in the way of this bill is almost publican colleagues have questioned speech. I am willing to work with them to say we don’t consider violence provisions that extend VAWA’s anti- to address their concerns as we move against women an important issue. discrimination protections. Some have forward. Let me repeat: this bill protects questioned extending the umbrella of I have no desire to inhibit free American women. It has support on this Nation’s protections to immi- speech. This is not about speech, it is both sides of the aisle. It saves lives. It grants. And some have questioned pro- about video surveillance, tracking de- is a lifeline for women and children visions designed to protect Native vices, and other secretive methods of who are in distress. American women from sexual and do- stalking. It is about truly dangerous We need to show our commitment to mestic violence. In fact, some of my and despicable behavior. end domestic violence and sexual vio- colleagues have denied that these pro- Mr. DURBIN. According to a recent lence. I hope that all senators will sup- visions are necessary, and some have survey, 24 people every minute become port this important effort to reauthor- criticized them as ‘‘political.’’ victims of rape, physical violence, or ize the Violence Against Women Act I certainly do not consider extending stalking by an intimate partner in the with strong bipartisan support as we the successful protections of this legis- United States. That means that just in always have. This has always been a bi- lation to all Americans as ‘‘political.’’ the time it takes me to finish this partisan effort. Let’s vote and let’s get I consider it common sense. I consider statement, dozens will have been vic- it done. it our duty to help these survivors get timized.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.058 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2784 CONGRESSIONAL RECORD — SENATE April 26, 2012 Since it was passed by Congress in The reauthorization helps ensure ishment of sexual assault in all facili- 1994, the Violence Against Women Act that law enforcement officials have ac- ties with immigration detainees. has provided valuable, even life-saving, cess to the tools they need by allowing Custodial sexual assault is just one of assistance to these hundreds of thou- for the ‘‘recapture’’ of a modest num- the many issues addressed by the Vio- sands of individuals. The impact of this ber of U visas. U Visas, for victims of lence Against Women Act. I urge my bipartisan legislation has been pro- crimes, are an important law enforce- colleagues to work with me to reau- found. According to the Bureau of Jus- ment tool. They may be granted only thorize this legislation. Previous tice Statistics, the rate of domestic vi- after law enforcement certification and VAWA reauthorizations have always olence against women has dropped by only if a non-citizen is the victim of had broad bipartisan support. This leg- 53 percent since VAWA’s passage. This enumerated—and serious—crimes. Law islation is not Democratic or Repub- legislation is critical. enforcement officials across the coun- lican. It is about protecting our com- There is no question that we are try have advocated for increased acces- munities from abuse and violence. This making tremendous progress. But sibility to U Visas: In my home State reauthorization that we are passing is there are so many who urgently need of Illinois, Cook County State’s Attor- an impressive product that carefully help. Let’s look at incidence of phys- ney Anita Alvarez said: ‘‘Increasing the incorporates the expert feedback from ical violence: The Centers for Disease accessibility to U Visas will provide to those in the field. Control tell us that nearly one in four prosecutors like me an important tool The dozens of individuals who have women reports experiencing severe in protecting public safety.’’ The Fra- been victimized since I stood up here physical violence by an intimate part- ternal Order of Police wrote: ‘‘The ex- today need our help now. Let’s give it ner. And the consequences can be se- pansion of the U Visa program will pro- to them. I yield the floor. vere. For example, according to one re- vide incalculable benefits to our citi- The PRESIDING OFFICER. The Sen- port, in 2007, 45 percent of the women zens and our communities at a neg- ator from Vermont. killed in the United States died at the ligible cost.’’ Mr. LEAHY. Mr. President, I appre- hands of an intimate partner. I want to take a moment to discuss ciate the work the leadership has done, Sexual assault statistics are just as an important provision in this reau- and I know Senator MURRAY has been alarming: The CDC tells us that nearly thorization that I authored, working very involved with that too, and I ap- one in five women in the United States with Senator LEAHY, to address an ap- preciate her help in getting us to a has been raped. And more than half of palling situation taking place in our point where we now have a unanimous female rape victims report being raped immigration detention facilities. We consent to get to votes and we can fi- by an intimate partner. One in six have heard about truly horrific in- nally pass this bill. women in the United States has experi- stances of sexual assault occurring in I think sometimes a bill like this is enced stalking. Each one of these sta- immigration detention facilities. an abstract matter. It is not an ab- tistics, and every person who has suf- A troubling episode of Frontline, the stract matter to the women’s organiza- fered domestic and sexual violence, PBS program, detailed one woman’s tions that support it. It is not abstract shows us that we need to reauthorize story in great detail recently. But that to law enforcement who support it. this legislation, and we need to do it was hardly an isolated incident. As the And if I might speak personally for a now. National Prison Rape Elimination moment, it is not an abstract matter This legislation is supported by vic- Commission has said: ‘‘[A]ccounts of to me. tims, experts, and advocates. It is sup- abuse by staff and by detainees have The distinguished Presiding Officer ported by service providers, faith lead- been coming to light for more than 20 and I come from probably the safest, ers, and health care professionals. And years. As a group, immigration detain- lowest crime State in the country, but it is supported by prosecutors, judges, ees are especially vulnerable to sexual we both know that crimes do happen. and law enforcement officials. It abuse and its effects while detained . . We also know that in a rural State, of- should be supported by all of us here in . .’’ tentimes domestic violence is not re- Congress. The Prison Rape Elimination Act of ported. We don’t talk about this out- The last two VAWA reauthorizations 2003—‘‘PREA’’—aimed to eliminate the side the family. And I know that in have appropriately—and carefully—ex- sexual abuse of those in custody. This some of those instances, when I had the panded the scope of the law and im- was legislation, championed by Sen- privilege of serving as a prosecutor in proved it. This reauthorization is no ator SESSIONS, that I cosponsored. Our Vermont, they didn’t talk about it. I exception. It applies the important les- goal, together, was to create a ‘‘zero- first heard about it usually in the sons we have learned from those work- tolerance’’ policy for this intolerable morgue or at the great Fletcher Hos- ing in the field and renews our commit- behavior. Nobody behind bars should pital. I learned about it because when ment to reducing domestic and sexual have to fear abuse from others in de- the body was picked up, either the un- violence. Here is what the reauthoriza- tention or from those meant to protect dertaker or the police or the ambu- tion does: them. Simply put: sexual abuse is not, lance driver realized this was not a It ensures that funding will continue and cannot be, part of the punishment natural cause, and then we would sort to go to the organizations and individ- for those accused of violating our laws. of roll the clock back. In rolling the uals who need help most. It places in- We are waiting on the Department of clock back, we found that all these creased emphasis on responding to sex- Justice’s final National Standards to warning signals were there. There was ual assault, in addition to domestic vi- Prevent, Detect, and Respond to Prison nowhere for the victim to go. The olence. It does things like encourage Rape. But it is unclear to what extent things we now have were not there jurisdictions to evaluate their rape kit those standards will be interpreted to then. inventories and reduce existing back- apply to immigration detention facili- I was able to prosecute a number of logs. ties—as opposed to, say, facilities these people. In fact, I probably The reauthorization incorporates im- under the Bureau of Prisons. When we brought some of the first successful do- portant accountability mechanisms. It drafted and passed PREA, it was al- mestic violence prosecutions we had. consolidates programs to reduce dupli- ways our intent that it would apply to But police and prosecutors will say cation and unnecessary bureaucracy. all those in detention—including immi- that those are always after the fact. And it reduces spending. Total annual gration detainees. So how do we stop this from hap- authorization has been cut by 17 per- It was important to me to have a pro- pening in the first place? That is what cent. The reauthorization also helps vision that clarifies that standards to the Leahy-Crapo Violence Against meet the needs of victims from com- prevent prison rape must apply to im- Women Reauthorization Act is about. munities that have had difficulty ac- migration detainees. This provision re- It is there to stop the crime before the cessing traditional services, for exam- quires that, in the absence of other crime happens. This bill is based on ple, because of their religion, sexual steps, the Department of Homeland Se- months of work with survivors, advo- orientation, or gender identity. It helps curity and the Department of Health cates, and law enforcement officers tribal communities. It helps abused im- and Human Services quickly adopt from all across the country, of all po- migrants. standards for the prevention and pun- litical persuasions. I never knew a time

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.078 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2785 when somebody would come to a crime sponse of law enforcement and the justice in abandoning some of the most vulner- scene and say: Is this victim a Demo- system, and provided essential services for able victims and strips out key provi- crat or Republican, gay or straight, im- victims struggling to rebuild their lives. It is sions that are critically necessary to migrant or not? We would say: How do a law that has saved and improved countless protect all victims, including immi- lives, and should clearly be reauthorized and we catch the person who did this? strengthened. Within the United States, do- grants, Native women, and victims in We listened to what the survivors, mestic violence related homicides have same-sex relationships. Again, a victim advocates, and law enforcement offi- dropped significantly since the passage of is a victim is a victim. We don’t say: cers told us. They told us what worked, VAWA. We can help you if you fit in this cat- what did not work, and what could be On Wednesday, November 30, 2011 Senators egory. But sorry, battered woman, you improved. Then we carefully drafted Patrick Leahy (VT) and Mike Crapo (ID) in- are on your own because you fit in the the legislation to fit these needs, and troduced S. 1925, a bipartisan bill to reau- wrong category. That is not the Amer- that is why our bill is supported by thorize and improve VAWA. The NAACP has, ica I know and love. through its Washington Bureau and in col- more than 1,000 Federal, State, and The improvements in the bipartisan laboration with the National Task Force to Leahy-Crapo Violence Against Women local organizations, service providers, End Sexual and Domestic Violence Against law enforcement, religious organiza- Women, worked closely with these Senators Reauthorization Act are taken out, and tions, and many more. to ensure that under S. 1925 VAWA will con- the Republican proposal is no sub- There is one purpose, and one pur- tinue to fund programs which have proven stitute. It does nothing to meet the pose only, for the bill Senator CRAPO themselves to be effective and that key needs of victims. It undermines the and I introduced and others cospon- changes will be made to streamline VAWA focus of protecting women. It literally sored: It is to help and protect victims and make sure that even more Americans calls for removing the word ‘‘women’’ have access to safety, stability and justice. of domestic and sexual violence. Our from the largest VAWA grant program. In addition to supporting enactment of the They are still victimized at far higher legislation represents the voice of mil- VAWA in 1994, the NAACP has joined bipar- lions of survivors and advocates across tisan supporters in reauthorizing this impor- rates and with far greater impact on the country. The same cannot be said tant legislation in 2000 and 2005. We have their lives than men. Shifting this with the Republican proposal brought seen the VAWA change the landscape for vic- focus away from women is unnecessary forward in the last couple of days. That tims in the United States who once suffered and harmful, and it could send a ter- is why that proposal is opposed by such in silence. Victims of domestic violence, dat- rible message. There is no reason to ing violence, sexual assault and stalking turn the Violence Against Women Act a wide spectrum of people and organi- have now been able to access services, and a zations. inside out, to eliminate the focus on new generation of families and justice sys- the victims the bill has always been in- Domestic and sexual violence knows tem professionals have come to understand no race, gender, ethnicity, or religion. tended to protect. that domestic violence, dating violence, sex- By contrast, our bipartisan bill does Its victims can be your next door ual assault and stalking are crimes that our neighbor, your colleague, a fellow society will no longer tolerate. not eliminate the focus against women church member, or your child’s teacher I look forward to working with you to pass but increases our focus to include all at school. The Violence Against a strong reauthorization of the Violence victims of domestic violence and sex- Against Women Act to honor the memory of Women Reauthorization Act seeks to ual assault. the women that have lost their lives and en- I see others on the floor. I have far ensure that services to help victims of dured these atrocities and for the hope that more I am going to say about this, and domestic violence reach all victims, no this bill will continue to protect future gen- I am about to yield the floor in case matter who they are. That is why civil erations of women. Thank you in advance for others wish to speak. and human rights organizations like your attention to the NAACP position. Remember, this bill is the Violence the NAACP, the Leadership Conference Should you have any questions or comments, please do not hesitate to contact me at my Against Women Act. Let’s not go away on Civil and Human Rights, Human from that. It has been carefully put to- Rights Watch, and End Violence office at (202) 463–2940. Sincerely, gether with the best input we could get Against Women International have HILARY O. SHELTON, from law enforcement, from victims or- urged Congress to act to reauthorize Director, NAACP ganizations, and, I must say, from VAWA. I ask consent that these letters Washington Bureau some victims themselves. This is to be printed in the RECORD. & Senior Vice Presi- protect those people. I have seen some There being no objection, the mate- dent, Advocacy and crime scenes that I still have night- rial was ordered to be printed in the Policy. mares about decades later, and I can RECORD, as follows: Mr. LEAHY. These organizations rec- guarantee my colleagues that every NATIONAL ASSOCIATION FOR THE ognize the impact VAWA has in reduc- prosecutor in this country and every ADVANCEMENT OF COLORED PEOPLE, ing incidences of sexual and domestic police officer in this country who deals Washington, DC, April 25, 2012. violence in our country. Since its ini- with these matters probably have the Re: NAACP Support for S. 1925, the reauthor- tial passage in 1994, no law has done same kinds of nightmares. ization of the Violence Against Women more to combat domestic violence and Act (VAWA) and our opposition to weak- Are we going to stop all violence ening amendments sexual assault. Because of VAWA, vic- against women with this act? Of course tims have access to life-saving serv- MEMBERS, not. But as a result of having had this U.S. Senate, ices. It is time that we ensure that all legislation in effect for years, the num- Washington, DC. victims have access to these resources. bers have come down because there is a DEAR SENATOR: On behalf of the NAACP, The National Task Force to End Sex- place to go, there are people to help, our nation’s oldest, largest and most widely- ual and Domestic Violence Against and there are people to stop the vio- recognized grassroots-based civil rights orga- Women, which represents dozens of or- lence. That is what we want to do—not nization, I strongly urge you to support the ganizations across the country, says to be, as I was during those nights in speedy reauthorization of the Violence the substitute was drafted without the morgue, saying to the police: Let’s Against Women Act (VAWA), S. 1925. As you input or consultation from the thou- find out who did this so we can catch consider this legislation on the Senate floor, sands of professionals engaged in this I further urge you to oppose any weakening them, but, rather, to stop them before amendments. Since it was first enacted in work every day. it happens and to protect the people so 1994, this important legislation has sought to The substitute includes damaging, they live. That is what we are trying to improve community-based and criminal jus- nonworkable provisions that will harm do. That is what this bill does. tice system responses to domestic violence, victims, increase costs, and create un- I yield the floor. dating violence, sexual assault and stalking necessary inefficiencies. I know it may Mr. GRASSLEY. Mr. President, I in the United States. be well-intentioned, but it is no sub- wish to commend my colleague from The NAACP strongly supported passage of stitute for the months of work we have Texas, Senator HUTCHISON, for offering the original VAWA in 1994, and since that done in a bipartisan way with the peo- time no other law has done more to stop do- her substitute amendment to the Vio- mestic and sexual violence in our commu- ple across the country to bring this bill lence Against Women Act reauthoriza- nities. The resources and training provided that is before us. Unfortunately, it un- tion bill. I am pleased to cosponsor her by VAWA have changed attitudes toward dermines the core principles of the Vio- amendment. This amendment is vitally these reprehensible crimes, improved the re- lence Against Women Act. It resolves needed.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.068 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2786 CONGRESSIONAL RECORD — SENATE April 26, 2012 The Violence Against Women Act has These include due process, equal pro- termine whether federal law preempts state always been reauthorized in the past tection, fifth amendment grand jury jurisdiction over non-Indians, courts engage on a bipartisan, consensus basis. and double jeopardy issues, as well as in ‘‘a particularized inquiry into the nature It would have been so easy to do so sixth amendment rights to counsel and of the state, federal, and tribal interests at stake, an inquiry designed to determine again. a jury trial by one’s peers. whether, in the specific context, the exercise All of us who support the amendment At the eleventh hour before floor of state authority would violate federal of the Senator from Texas are in agree- consideration, the majority has recog- law.’’ ment with 80 percent of the bill that is nized the serious constitutional issues The courts: before us. that were raised by the committee lan- examine[] the language of the relevant fed- But the majority has decided to place guage. eral treaties and statutes in terms of both a higher priority on scoring political It has changed the language in an ef- the broad policies that underlie them and points than on passing another con- the notions of sovereignty that have devel- fort to respond to the constitutional oped from historical traditions of tribal sensus reauthorization of the law. questions it had denied existed. independence. This inquiry is not dependent Recently, Vice President Biden asked If we had had a hearing on these on mechanical or absolute conceptions of what kind of message it would send to questions, matters could have pro- state or tribal sovereignty, but has called for women if VAWA were allowed to ex- ceeded differently. a particularized inquiry into the nature of pire. These changes do not address the the state, federal, and tribal interests at He implied that a crisis would be at constitutional questions CRS posed stake, an inquiry designed to determine hand that must be avoided at all costs. about congressional power to recognize whether, in the specific context, the exercise But the actual answer to his question the inherent power of tribes to pros- of state authority would violate federal law. In order to determine whether state law is clear. ecute non-Indians, nor do they affect The majority party has already al- applies to non-Indian conduct in Indian the inability of a defendant to appeal country, therefore, courts engage in a par- lowed VAWA to expire. his conviction. ticularized weighing of the federal, tribal, VAWA’s reauthorization expired last And, of course, they do not address and state interests at stake. October. the practical concerns that I have In Bracker, the Court considered whether There has been no crisis of any kind raised all along. the state could impose motor vehicle license because the appropriations for VAWA CRS also raises constitutional due and fuel taxes on the logging and hauling op- programs have kept flowing. process concerns regarding another erations of a non-Indian contractor working for the tribe exclusively within the reserva- It is the majority, not us, that is re- section in the bill that would give trib- sponsible for the lapse in VAWA’s au- tion. Finding that federal control over tribal al courts the authority to enforce pro- timber was pervasive (‘‘the Bureau of Indian thorization. tective orders. That section remains The way that the Judiciary Com- Affairs exercises literally daily supervision unchanged. over the harvesting and management of trib- mittee handled reauthorization this Ironically, the constitutional con- al timber’’), the Court held that the state time has been very disappointing. cerns about the criminal provisions are taxes were preempted by federal law. Pre- The majority insisted on including— made more severe because the majority emption of state law can occur, therefore, and retaining—provisions that appear refused to eliminate language we asked not only when the state law violates federal designed to provoke partisan opposi- law, but also when federal involvement with them to omit. tion. the activity is pervasive. Constitutional problems are made For instance, the majority insisted There is very little case law on when state worse because the bill gives tribes on giving Indian tribal courts criminal jurisdiction interferes with the right of Indi- criminal jurisdiction as part of their ans to govern themselves. In Washington v. jurisdiction over non-Indian Americans claimed inherent sovereignty. Confederated Tribes of the Colville Indian for the first time in our country’s his- Our substitute strikes the provisions. Reservation, the Supreme Court rejected the tory. Mr. President, I ask unanimous con- tribes’ argument that because the tribal gov- The committee held one hearing on ernment generated substantial revenues sent to have printed in the RECORD the reauthorizing this bill, and it devoted from selling cigarettes without state taxes relevant portions of the CRS analysis. no attention to exploring how this pro- that imposing the state cigarette tax would There being no objection, the mate- vision would operate. infringe on their right to govern themselves. As a result, the committee described rial was ordered to be printed in the The Court noted the tribes’ interest in gov- this provision in only four sentences in RECORD, as follows: erning themselves was strongest when the its report on the legislation. [From the Congressional Research Service, conduct at issue involved tribal members only and determined that the tribes did not We all recognize that domestic vio- Apr. 13, 2012] MEMORANDUM have a legitimate interest in marketing an lence rates in Indian country are too exception to state taxation. Because there is To: Senate Judiciary Committee. high. so little case law, it is not clear under what From: Jane M. Smith, Legislative Attorney, Both the committee-reported bill and circumstances application of state law to 7–7202. the Hutchison-Grassley substitute con- non-Indians would interfere with a tribe’s Subject: State Jurisdiction over Indian coun- ability to govern itself. tain provisions to address the problem. try; Public Law 280; S. 1925’s Provision But the majority cannot explain why for Tribal Court Jurisdiction to Issue CRIMINAL JURISDICTION OVER NON-INDIANS expanding the power of tribal courts Protection Orders and Due Process. Most states only have criminal jurisdiction would be effective or how this would This memorandum is in response to your over non-Indians committing crimes against work. request for an explanation of state jurisdic- other non-Indians in Indian country. The Do the tribes have the resources and tion over Indian country; an explanation of federal government has exclusive jurisdic- expertise and resources to comply with how Public Law 280 affects that jurisdiction; tion over non-Indians who commit crimes the Constitution? and an analysis of whether the provision in against Indians. How would the Federal courts’ case- S. 1925, the Violence Against Women Act Re- THE EFFECT OF PUBLIC LAW 280 ON STATE load be affected by all the new habeas authorization Act (VAWA Reauthorization), JURISDICTION OVER INDIAN COUNTRY petitions that would necessarily be concerning the jurisdiction of tribal courts Public Law 280 gave to certain states criminal jurisdiction and civil adjudicatory filed if this became law? to issue protection orders against ‘‘all per- sons’’ comports with the requirements of due jurisdiction over Indian country. ‘‘[W]hen a What changes would occur in the ex- process under the Constitution. State seeks to enforce a law within an Indian isting relationships between Federal, STATE JURISDICTION OVER INDIAN COUNTRY reservation under the authority of Pub. L. State, and tribal law enforcement? 280, it must be determined whether the law is In the absence of congressional authoriza- The majority has no idea whether criminal in nature, and thus fully applicable tion, state jurisdiction in Indian country de- to the reservation . . ., or civil in nature and this provision would help matters or pends on whether the conduct at issue in- applicable only as it may be relevant to pri- not because it simply did not give this volves non-Indians or Indians only. vate civil litigation in state court.’’ issue any careful attention. CIVIL JURISDICTION OVER NON-INDIANS Moreover, the Congressional Re- Whether a law is criminal or civil does not Generally, states have civil jurisdiction depend on whether the law carries criminal search Service has raised several con- over non-Indians in Indian country, unless penalties. Rather, a law is criminal in nature stitutional issues that would be posed that jurisdiction is preempted by federal law if it prohibits an activity outright, and it is by this provision as it was reported or is incompatible with the right of Indian civil in nature if it allows the activity but from the committee. tribes to govern themselves. In order to de- regulates it. Thus, in California v. Cabazon

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.025 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2787 Band of Mission Indians, the Supreme Court eral statute of tribal jurisdiction over the thorization Act (S. 1925 and H.R. 4271) and held that even though California’s gaming conduct of non-members. For there to be an the SAVE Native Women Act (S. 1763 and laws carried criminal penalties, they were express delegation of jurisdiction over non- H.R. 4154), would recognize and affirm par- civil in nature because they allowed certain members there must be a ‘‘clear statement’’ ticipating tribes’ inherent sovereign author- kinds of gaming, but regulated them. Thus, of express delegation of jurisdiction. ity to exercise special domestic violence ju- states that have criminal jurisdiction over Section 905, therefore, is apparently in- risdiction over domestic violence involving Indian country under Public Law 280 have tended to provide such a delegation of au- non-Indian perpetrators and Indian victims criminal jurisdiction over all conduct by In- thority to tribal courts to issue protection occurring within the tribe’s jurisdiction. It dians and non-Indians which violates a state orders over non-members within the tribes’ is not clear whether Congress has authority law that is prohibitory. reservations or jurisdictions. to restore the tribes’ inherent sovereignty TRIBAL COURT JURISDICTION TO ISSUE CIVIL DUE PROCESS AND PERSONAL JURISDICTION over non-members, or whether such author- PROTECTION ORDERS UNDER S. 1925 AND DUE The Supreme Court has held that due proc- ity would have to be a delegation of federal PROCESS ess requires that a defendant have ‘‘min- authority. Section 905 of S. 1925 provides: ‘‘a court of imum contacts’’ with a jurisdiction ‘‘such In a series of cases, the Supreme Court an Indian tribe shall have full civil jurisdic- that the maintenance of the suit [in the ju- outlined the contours of tribal criminal ju- tion to issue and enforce protection orders risdiction] does not offend traditional no- risdiction. In United States v. Wheeler, the involving any person . . . in matters arising tions of fair play and substantial justice.’’ Court held that tribes have inherent sov- anywhere in the Indian country of the Indian There may be an issue with section 905 in ereign authority to try their own members. tribe (as defined in section 1151) or otherwise that it would delegate to tribal courts juris- In Oliphant v. Suquamish Indian Tribe, the within the authority of the Indian tribe.’’ diction over ‘‘all persons,’’ regardless of Court held the tribes had lost inherent sov- According to the Senate Report, this section their contacts with the Indian tribe. ereignty to try non-Indians. The Court in is intended to make clear that tribal court Taking section 905 literally, it does not ap- Duro v. Reina determined that the tribes had jurisdiction covers all persons within the pear to require that a person have minimum also lost the inherent authority to try non- tribe’s jurisdiction, including non-Indians. contacts with the tribe in order for the tribe member Indians. In response to Duro, Con- gress passed an amendment to the Indian THE INTENT BEHIND SECTION 905 to exercise jurisdiction over him or her to issue protection orders. Under section 905, Civil Rights Act that recognized the inher- Under current law, the general rule is that the outcome of the Martinez case arguably ent tribal power (not federal delegated ‘‘the inherent sovereign powers of an Indian would have been different: the tribal court power) to try non-member Indians. The Vio- tribe do not extend to the activities of non- would have had jurisdiction over Martinez, a lence Against Women Reauthorization and members of the tribe.’’ However, there are non-Indian, even though he appears to lack the SAVE Native Women Act, would appar- two exceptions to this rule. First ‘‘[a] tribe contacts with the tribe—he was not married ently abrogate the Oliphant ruling and ‘‘rec- may regulate, through taxation, licensing, or to a member of the tribe, did not work for ognize and affirm the inherent power’’ of the other means, the activities of nonmembers the tribe, and lived on non-Indian fee land. tribes to try non-Indians for domestic vio- who enter consensual relationships with the There is an argument that the tribal court’s lence offenses. tribe or its members through commercial exercise of jurisdiction over Mr. Martinez The Supreme Court stated in United States dealing, contracts, leases, other arrange- would ‘‘offend traditional notions of fair play v. Lara that Congress has authority to relax ments.’’ Second, ‘‘[a] tribe may also retain and substantial justice,’’ because he may not the restrictions on a tribe’s inherent sov- inherent power to exercise civil authority have minimum connections to the tribe, and ereignty to allow it to exercise inherent au- over the conduct of non-Indians on fee lands thus violate the due process clause of the thority to try non-member Indians. However, within its reservation when that conduct Fifth Amendment. because of changes on the Court and, as Jus- threatens or has some direct effect on the Advocates of tribal jurisdiction would tice Thomas stated, the ‘‘schizophrenic’’ na- political integrity, the economic security, or probably argue that because Mr. Martinez ture of Indian policy and the confused state the health or welfare of the tribe.’’ lived within the tribe’s reservation he had of Indian law, it is not clear that today’s Su- It appears that section 905 would expand a sufficient minimum contacts with the tribe. preme Court would hold that Congress has tribe’s civil authority over non-Indians to However, Mr. Martinez lived on non-Indian authority to expand the tribes’ inherent sov- enter protective orders. According to the fee land. Under United States v. Montana, as ereignty. It may be that Congress can only Senate Report, section 905 is intended to en- a matter of federal common law, tribes gen- delegate federal power to the tribes to try sure that the result in Martinez v. Martinez erally do not have jurisdiction over non-Indi- non-Indians. is not repeated. In Martinez, Mrs. Martinez, ans on non-Indian fee land within the res- The dichotomy between delegated and in- an Alaska Native who was not a member of ervation, subject to the two exceptions. herent power of tribes has important con- the Suquamish Tribe, obtained from the Therefore, it appears that residence by a stitutional implications. If Congress is Suquamish tribal court a protection order non-Indian on non-Indian fee land within a deemed to delegate its own power to the against her husband, a non-Indian. The Mar- tribe’s reservation does not connect the resi- tribes to prosecute crimes, all the protec- tinez family lived on non-Indian fee land lo- dent to the tribe in a way to support tribal tions accorded criminal defendants in the cated within the tribe’s reservation. Mr. jurisdiction under the federal common law. Bill of Rights will apply. If, on the other Martinez objected to the court’s jurisdiction It is not clear whether it would be sufficient hand, Congress is permitted to recognize the and sought an injunction against the tribal to establish minimum contacts for the pur- tribes’ inherent sovereignty, the Constitu- court in federal district court. The district poses of due process. tion will not apply. Instead, criminal defend- court granted the injunction, finding the ants must rely on statutory protections tribal court lacked jurisdiction over Mr. [From the Congressional Research Service, under the Indian Civil Rights Act. Although Martinez. Apr. 18, 2012] the protections found in these statutory and The federal court rejected the tribe’s and TRIBAL CRIMINAL JURISDICTION OVER NON-IN- constitutional sources are similar, there are Mrs. Martinez’s argument that Congress had several important distinctions between granted the tribal court jurisdiction to issue DIANS IN THE VIOLENCE AGAINST WOMEN ACT (VAWA) REAUTHORIZATION AND THE SAVE them. Most importantly, if inherent sov- protection orders against non-Indians in 18 ereignty is recognized and only statutory U.S.C. 2265(e). That section, which was in the NATIVE WOMEN ACT (By Jane M. Smith, Legislative Attorney; protections are triggered, defendants may be Violence Against Women Act (VAWA), pro- subjected to double jeopardy for the same vides: ‘‘Tribal court jurisdiction.—. . . a Richard M. Thompson II, Legislative At- torney) act; may have no right to counsel in mis- tribal court shall have full civil jurisdiction demeanor cases if they cannot afford one; to enforce protection orders . . . in matters Domestic and dating violence in Indian may have no right to prosecution by a grand arising within the authority of the tribe.’’ country are at epidemic proportions. How- jury indictment; may not have access to a The court wrote: ever, there is a practical jurisdictional issue representative jury of their peers; and may The Court does not construe the provisions when the violence involves a non-Indian per- have limited federal appellate review of their of the VAWA as a grant of jurisdiction to the petrator and an Indian victim. Indian tribes cases. Suquamish Tribe to enter domestic violence only have criminal jurisdiction over crimes protection orders as between two non-mem- involving Indian perpetrators within their Mr. GRASSLEY. Mr. President, to bers of the Tribe that reside on fee land jurisdictions. Most states only have jurisdic- address the real problems of domestic within the reservation. There is nothing in tion over crimes involving a non-Indian per- violence among Native Americans, our this language that explicitly confers upon petrator and a non-Indian victim within In- substitute would permit tribes to peti- the Tribe jurisdiction to regulate non-tribal dian country located in the state. Although tion for protective orders against non- member domestic relations. The grant of au- the federal government has jurisdiction over Indians in Federal court. thority simply provides jurisdiction ‘‘in mat- non-Indian-on-Indian crimes in Indian coun- The committee-reported bill did not ters arising within the authority of the try, offenses such as domestic and dating vi- respect due process in the area of accu- tribe.’’ olence tend to be prosecuted with less fre- Tribal jurisdiction over non-members is quency than other crimes. This creates a sations against college students. highly disfavored and there exists a pre- practical jurisdictional problem. Of course, allegations of sexual as- sumption against tribal jurisdiction. There Legislation introduced in the 112th Con- sault on campus should be taken as se- must exist ‘‘express authorization’’ by fed- gress, the Violence Against Women Reau- riously as anywhere else.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.057 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2788 CONGRESSIONAL RECORD — SENATE April 26, 2012 But reputations can be ruined by visas are truly used as a tool to fight tory minimums that they take away false charges, so it is important that crime. judicial discretion. fairness in adjudications occur. The Hutchison-Grassley substitute They think that judges should be As a practical matter, the com- amendment will better protect victims able to give any sentence they want on mittee-reported bill imposed on these of domestic violence than does the un- these crimes, even potentially no jail campus proceedings the standards of derlying bill. time at all. proof issued in a controversial proposed Hundreds of millions of dollars in Contrary to victims’ groups, they regulation by the Department of Edu- grant money for domestic violence pro- fear that any requirement of jail time cation. grams are distributed every year. for these crimes will be counter- They were very weak and unfair. For that money to be effective, it productive and lead to lower sentences. Additionally, under the committee- must actually reach victims. But those same opponents support reported bill, if the campus discipli- But too much of the money does not the grants for arrest in the committee- nary authority exonerated the inno- reach victims. reported bill. cent even under the weak standard of Excess amounts are spent on admin- Unlike sentences, mandatory arrest proof, the accuser could appeal for an- istrative expenses, conferences, and policies tie the hands of law enforce- other round of proceedings. lobbying, and some is lost to waste, ment to take action against people who That just is not fair. fraud, and abuse. have not been convicted of anything. At the last minute, the majority has For example, since 1998, the inspector They may reduce the likelihood that changed the first but not the second of general has audited 22 individual the police may be called in actual cases these provisions. VAWA grantees. of domestic violence. Now, the investigation must be fair In those random audits, 21 were They may result in calls to the police and impartial. found to have unallowable costs, un- by one person for leverage against an- That is progress. supported expenditures, or other seri- other. This change should have been made ous deficiencies in how they expended They may cause other negative unin- much earlier. taxpayer dollars. tended consequences as well. But the bill still allows a person who That is millions of dollars that could Our substitute also gives the Mar- has been found innocent after a fair in- have helped an untold number of vic- shals Service administrative subpoena vestigation to be pursued again at the tims but instead were lost. authority to pursue unregistered sex victim’s request. Although some good accountability offenders. Our substitute eliminates that un- measures were included in the com- These are individuals who are re- fairness. mittee-reported bill, more are nec- quired by law to register as sex offend- The committee bill also mishandles essary. ers but fail to comply. immigration issues. The substitute amendment requires This is another provision that has en- The one hearing the Judiciary Com- audits and includes mandatory exclu- joyed wide bipartisan support in the mittee held presented testimony that sions for those who are found to have Judiciary Committee. fraud exists in the VAWA-self peti- violated program rules. Victims will also be helped by the It limits conference expenditures at tioning process. substitute’s requirement of an audit of the Justice Department and Health and We heard from victims who fell in the Justice Department’s use of the Human Services Department unless love with foreign nationals, sponsored Crime Victims Fund. there is proper oversight. them for residency in the United When criminals are convicted and It prohibits lobbying by grantees, States, only to be accused of abuse so made to pay fines, these fines are and it limits administrative expenses that the foreign national could get a placed in a fund for the sole purpose of in the government’s management of green card. assisting victims. the grants. The chairman promised at the hear- Our substitute directs more money to However, there are questions whether ing to include language in the bill that victims of the most serious crimes the Justice Department is spending would address this immigration fraud, than the committee bill by requiring 30 these funds only for their one per- but his bill fails to include anything of percent—not 20 percent—of the funds mitted use. An audit is in order. the sort. go toward sexual assault. Our substitute contains language It directs that 70 percent of the funds And the bill also includes a bipar- that will reduce fraud and abuse by re- for reducing rape kit backlogs actually tisan provision to enable victims to re- quiring an in person interview when- be used for that purpose, not the mere ceive restitution that is owed to them ever possible with the applicant who 40 percent in the committee-reported but has not been paid. alleges abuse. bill. The IRS would be permitted to de- We cannot allow people to misuse the The substitute protects victims in duct the money from payments it VAWA self-petitioning process to ob- other ways that are not contained in would otherwise make to the perpe- tain a green card. the underlying bill. trator. The committee-reported bill also ex- It contains a 10-year mandatory min- Mr. President, there is broad bipar- pands the number of U visas by tens of imum sentence for aggravated sexual tisan support for reauthorizing the Vi- thousands without changing the rules abuse. olence Against Women Act. by which they are issued. It imposes a mandatory minimum The Hutchison-Grassley substitute Under current law, an individual may sentence of 1 year for possession of would of the underlying bill reauthor- be eligible for a U visa if he or she has child pornography where the child de- ize the 80 percent that enjoys that con- been or is likely to be helpful to the in- picted is under 12. sensus. vestigation or prosecution of a crime. That does not go far enough, but it is It eliminates provisions that are not However, the requirements for a U a step in the right direction. consensus and would not pass the other visa are generous. It is a consensus item that has passed body and become law. There is no requirement that an in- the Judiciary Committee in the past And it adds other provisions that are vestigation be commenced as a result with a strong bipartisan vote. widely supported and would provide of the alien reporting the crime; there The alternative also creates a man- real benefits to victims of domestic vi- is no time period within which an alien datory minimum sentence of 15 years olence. has to report the crime; the crime for interstate domestic violence that I urge my colleagues to support it. could have occurred years before it is results in death. The PRESIDING OFFICER. The Sen- reported and there could be no way to There are opponents of mandatory ator from Texas. identify the perpetrator; the alien minimum sentences. Mr. CORNYN. Mr. President, may I seeking the ‘‘U’’ visa could even have a The leniency-industrial complex is inquire as to how much time remains criminal record of their own. active in this area as in others. on this side of the aisle? Our substitute includes common- But we should not take too seriously The PRESIDING OFFICER. There is sense, best practices to ensure that U the claims of opponents of the manda- 24 minutes remaining.

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.028 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2789 Mr. CORNYN. I ask unanimous con- It is a national scandal that we don’t My amendment requires that at least sent to reserve 15 minutes for my re- know how many untested rape kits 75 percent of the funds given out marks out of the 24 available, and if I there may be. In other words, criminal through grant programs by the Depart- could get some notice from the chair investigations take place where this ment of Justice be used for the core when we approach that. I may not use critical evidence is acquired, but it purpose of testing those rape kits. that much; I may yield it back. never goes to a laboratory to be tested Also, 7 percent of those funds would be The PRESIDING OFFICER. Without to identify the perpetrator of that sex- used to inventory the backlog. objection, it is so ordered. ual assault. It is estimated that there To me, it is a scandal that we don’t Mr. CORNYN. Thank you, Mr. Presi- are as many as 400,000 untested rape even know what the backlog consists of dent. The Violence Against Women Act kits across the country sitting either because there are actually two kinds of will be reauthorized, at least in the in laboratories or in police lockers, evi- backlog cases: One is the case where Senate, by bipartisan consensus today. dence lockers, that have not yet been the kit is already at the laboratory and There are some different versions that forwarded for testing at a laboratory— it is a part of the backlog of the labora- will be offered. I am sure each side 400,000. tory. But the hidden backlog consists thinks theirs is an improvement over I heard a chilling statistic this morn- of the rape test kits that are main- the alternative, and I will leave to Sen- ing from a young woman, Camille Coo- tained in police lockers and have never ator HUTCHISON and Senator GRASSLEY per, who is the legislative director of been forwarded to the laboratory in the to address the improvements they have an organization called PROTECT out first place. Those are not typically part made over the bill that came out of the of Knoxville, TN. This is an organiza- of this estimate of the backlog. The ex- Judiciary Committee and the alter- tion that commits itself to combating perts—the people who watch this area native they have proposed. child sex crimes and to helping those closely—estimate that if we count all AMENDMENT NO. 2086 victims get justice. of the untested kits that are evidence (Purpose: To amend title 18 of the United She said this morning in my presence waiting for a laboratory to test them States Code and other provisions of law to that before law enforcement identifies to match up with a perpetrator of these strengthen provisions of the Violence a child sex crime perpetrator, on aver- crimes, there could be as many as Against Women Act and improve justice for age they project as many as 27 children 400,000 of them untested by the labs in crime victims) have already been sexually assaulted the backlog. Mr. CORNYN. Mr. President, I rise to by this same person before law enforce- I know my colleague, Senator KLO- speak on an amendment I have offered, ment gets them on their radar. I men- BUCHAR, will be offering an alternative and I ask unanimous consent at this tion that number—I can’t vouch for the to my amendment. I ask unanimous time to call up amendment No. 2086 number, but I do trust her—I mention consent to have printed in the RECORD and ask for its immediate consider- that because the reason these 400,000 at the end of my present remarks a let- ation. estimated rape kits—critical evidence ter from the Rape, Abuse and Incest The PRESIDING OFFICER. The Sen- in a child or in an adult sexual assault National Network on those two com- ator from Vermont. case—if they are untested, that evi- peting amendments. Mr. LEAHY. Mr. President, reserving dence cannot be used to then match up The PRESIDING OFFICER. Without the right to object, and I do not believe against the DNA data bank to get a hit objection, it is so ordered. I will object, is this based on the unani- to identify the perpetrator of the (See exhibit 1.) mous consent agreement that was en- crime. By the nature of the crime, Mr. CORNYN. I will not read the tered into by the two leaders? I ask, these are not one-time events. These whole letter, which is addressed to me, through the Chair, the Senator from are people who for some unknown rea- but I will read parts of it: Texas, is this amendment No. 2086? son tend to commit serial assaults I am writing to express RAINN’s concern Mr. CORNYN. That is correct. against children and women. So it is with the draft VAWA amendment by Sen. Mr. LEAHY. I do not object. even more necessary, more compelling, Klobuchar. Unlike the Cornyn amendment, The PRESIDING OFFICER. Without to identify them early because if we we do not believe this draft amendment will objection, it is so ordered. wait too long, we may either run into make effective or positive improvements to The clerk will report. a statute of limitations and not be able the Debbie Smith Act. The assistant legislative clerk read to prosecute them for that crime but, Indeed, they conclude later in the as follows: even worse, in the interim, they are letter: The Senator from Texas [Mr. CORNYN], for committing additional sexual assaults Overall, we believe this amendment is himself, Mr. KIRK, Mr. BENNET, Mr. MCCON- against other victims. largely symbolic and will not have the im- NELL, and Mr. VITTER, proposes an amend- So it is absolutely critical that we pact in reducing the backlog that we find in ment numbered 2086. get these rape kits tested—this phys- the Cornyn amendment. Mr. CORNYN. I ask unanimous con- ical evidence from sexual assault Very quickly, there is no require- sent that the reading of the amend- cases—as soon as we can and match it ment in the Klobuchar amendment ment be dispensed with. up against the DNA in these DNA data that audits actually have to be con- The PRESIDING OFFICER. Without banks that are maintained by the FBI ducted. So, to me, that seems like a objection, it is so ordered. so we can identify the people who are case of willful blindness to the size and (The amendment is printed in the committing these heinous crimes and scope of the backlogs and the problems. RECORD of Wednesday, April 25, 2012, get them off the streets sooner, so that There is no requirement in the Klo- under ‘‘Text of Amendments.’’) future victims will be protected from buchar alternative for a registry. In Mr. CORNYN. This amendment I those assaults. It is also important other words, there is no way the De- have offered in conjunction with Sen- that a person who is suspected of one of partment of Justice can make sure the ator VITTER, Senator MCCONNELL, Sen- these heinous crimes be exonerated if, money granted to law enforcement is ator MICHAEL BENNET from Colorado, in fact, the physical evidence will rule actually used for the purpose for which and others is a bipartisan amendment them out from having committed the the grant was intended, by creating a which will make sure that more of the crime. registry. In fact, the Klobuchar amend- money contained in the funds the Con- My amendment to the underlying bill ment actually diverts some of the gress appropriates to the Department is included in the Hutchison-Grassley funds from the core purpose of the of Justice will be used to test back- version. But in the event the Debbie Smith Act for the purpose of logged rape kit evidence that has not Hutchison-Grassley version does not testing this critical evidence. It takes been tested. I know the jargon may be prevail today, I offer my amendment out a provision for administrative sub- a little confusing, but basically what that will redirect more of the money— poenas to track unregistered sex of- happens is when the law enforcement the $100 million that is appropriated by fenders. It cuts some of the sentencing officials investigate a sexual assault, Congress under the Debbie Smith Act— provisions in my amendment for people they take a rape kit to collect physical to make sure this critical evidence is guilty of interstate child sex traf- evidence and bodily fluids for DNA tested on a timely basis for the reasons ficking—children under 12 years of testing, among other types of tests. I mentioned. age—and it eliminates the sense-of-the-

VerDate Mar 15 2010 06:42 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.071 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2790 CONGRESSIONAL RECORD — SENATE April 26, 2012 Senate provision that I worked on with make real, positive changes in the lives of from the Violence Against Women Act Senator MARK KIRK of Illinois con- victims. funding, but that allows him to have a demning a Web site known as Sincerely, dedicated unit within the police de- backpage.com, which has been identi- SCOTT BERKOWITZ, partment that can respond to domestic President and Founder. fied in the New York Times and other violence and sexual assault cases. places as a source of advertising for un- Mr. CORNYN. With that, Mr. Presi- I heard from retired Henniker police derage prostitution—something cer- dent, I reserve the remainder of my chief Timothy Russell. He is a 37-year tainly worthy of our condemnation as time and yield the floor. veteran in law enforcement, and he a Senate. Mrs. HUTCHISON. Mr. President, now travels around the State teaching So I will come back to talk about what is the time allotment at present? police officers how to respond to do- other aspects of this, but I hope my The PRESIDING OFFICER. The mi- mestic violence cases. It is funds from colleagues will look at the letter from nority has 121⁄2 minutes total. the Violence Against Women Act that RAINN, the largest antisexual violence Mrs. HUTCHISON. I thank the Chair. allow him to conduct the specialized organization in the United States, The PRESIDING OFFICER. The ma- training so police officers can identify which says they believe the Klobuchar jority has 12 minutes. patterns of domestic abuse and prevent amendment is largely symbolic and The Senator from New Hampshire. those situations from escalating. Offi- does not do as much as the Cornyn Mrs. SHAHEEN. Mr. President, I am cers are taught to maintain good rela- amendment would to get at these per- pleased to be here to join those of my tionships with crisis centers, and Chief petrators and to identify them for what colleagues who are urging that we Russell tells them: If you see a victim they are. come together this afternoon, and I am in trouble, get a counselor on the EXHIBIT 1 pleased we are going to see votes on phone to talk to them. Tell them what the Violence Against Women Act to re- RAPE, ABUSE & INCEST their options are. Again, thanks to NATIONAL NETWORK, authorize the legislation as it has funding from the Violence Against Washington, DC, April 26, 2012. passed through the Judiciary Com- Women Act, he has resources to bring Hon. JOHN CORNYN, mittee. this training throughout New Hamp- U.S. Senate, As we all know, domestic violence shire to police officers so they can help Washington, DC. continues to be a serious problem the victims. DEAR SEN. CORNYN: I am writing to express across our country. In New Hampshire, I saw just this kind of cooperation RAINN’s concern with the draft VAWA nearly one in four women has been sex- and action when I visited the Family amendment by Sen. Klobuchar. Unlike the Cornyn amendment, we do not believe that ually assaulted. At least one-third of Justice Center in Rochester, NH, this this draft amendment will make effective or New Hampshire women have been vic- week. They have made a multitude of positive improvements to the Debbie Smith tims of a physical assault by an inti- services accessible in one place so vic- Act. mate partner. More than one-half of all tims do not have to go all over town or The Klobuchar amendment adds an addi- women in my State have experienced all over the county to get the help they tional purpose area to the Debbie Smith Act sexual or physical assault over the need. They can see a counselor, get promoting inter-agency communication, po- course of their lifetimes. childcare assistance, and fill out an ap- tentially at the expense of reducing the plication for a protective order; women backlog. Funds used for this section have the All of us share in an obligation to potential to be used for radios and other stop this epidemic, and VAWA is a can even get their injuries treated and communication tools. While we can’t speak proven tool in this fight. The real im- officially documented. They can get to the need for such spending, we do know portance of this legislation lies not in free legal help—all in this Family Jus- that this would not have a direct impact on the statistics but in hearing about tice Center, made possible by a Vio- the backlog and would not aid in solving those women who have been helped by lence Against Women Act grant. cases. Unlike the Cornyn amendment, which the services that are provided by the If we do not support this because it is nearly doubles the percentage of Debbie Violence Against Women Act. the right thing to do—and I think it Smith funds that are spent on casework, this is—we should also support this legisla- provision would divert money from labs and I have had a chance to visit several crisis centers around New Hampshire tion because it saves money. It is a go against the congressional intent of the cost-effective approach because, in ad- original bill. in the past few weeks, and I have met In addition, this draft would allow the Jus- with the survivors and the advocates dition to reducing crime, victims are tice Department to fund backlog audits, but who depend on this funding. I went to less reliant on emergency rooms. They would not designate funds specifically for a crisis center called Bridges in Nashua are less likely to need State assistance that purpose. It would not establish a reg- where I spoke with a survivor of do- when they can connect with resources. istry to allow the collection of data; would mestic violence. She told me: When They can get help with childcare and not establish any process for transparency; housing and get back on their feet and and would not provide the kind of com- you are a victim of domestic violence, you think you are worthless. She said: become productive citizens. This is the prehensive information that is needed to ef- type of help every citizen deserves and ficiently target Debbie Smith funds to the There are so many times that I would areas of greatest need. Finally, it strips out have gone back to my abuser, except ultimately makes us all safer. I am also pleased to see there is par- a number of provisions that were included at that I had the ability to call Bridges ticular language in this legislation the request of law enforcement agencies, in crisis line at 2 o’clock in the morning that requires service providers to help order to ensure that their compliance would and talk to somebody who could help not be burdensome. The SAFER Act section any victim of domestic violence re- me so that I knew I was supported. of the Cornyn amendment has none of these gardless of their race, religion, sexual Because of the Violence Against defects, and has safeguards to ensure that orientation, or immigration status. funds spent on an audit and registry will not Women Act, the Bridges program can I think Sergeant Jill Rockey, whom I take away from funds spent on testing DNA operate and have a crisis line for 24 met when I was in Rochester at the evidence. Overall, we believe this amend- hours a day, 7 days a week. Because of Family Justice Center, put it best ment is largely symbolic and will not have the support she got through the the impact in reducing the backlog that we when she said: Bridges program, this survivor is going When someone calls for help in a domestic find in the Cornyn amendment. back to college, she is free from abuse, RAINN is the nation’s largest anti-sexual or sexual violence case, we don’t ask if they violence organization. RAINN created and and she is going to have a life that is are an immigrant or gay. We just go. operates the National Sexual Assault Hot- saved because of programs that are Well, hopefully, today we will re- lines (800.656.HOPE and rainn.org), which supported by the Violence Against spond in passing this bill with that have helped more than 1.7 million people Women Act. same sense of urgency. Let’s make sure since 1994. RAINN also carries out programs The law enforcement community has we do not let victims, first responders, to prevent sexual assault, help victims, and been very supportive of this legisla- or our communities down. Let’s give ensure that rapists are brought to justice. tion. They need this bill too. In New everyone the help they need and de- For more information about RAINN, please Hampshire, half of all murders are do- visit www.rainn.org. serve. Let’s pass this legislation today. I appreciate your work on this issue, and mestic violence related. I spoke to the I yield the floor. encourage you to continue to push for adop- chief of police in Nashua, our State’s Mr. LEAHY. Mr. President, one of tion of the Cornyn amendment, which will second largest city. He gets just $68,000 the hallmarks of the Violence Against

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.072 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2791 Women Act is the success it has had re- curate testing. This is not as simply as Among those are a package of bills in- ducing violence against women across throwing money at the problem. I have cluding the Strengthening Investiga- the country. Because we have made worked and remain hard at work on fo- tions of Sex Offenders and Missing much progress over the past 18 years on rensic reforms to ensure that our Children Act, the Investigative Assist- domestic violence but have had less criminal justice system takes advan- ance for Violent Crimes Act, the Dale success with combating sexual assault, tage of scientific advancements while Long Public Safety Officers’ Benefits our bipartisan Leahy-Crapo bill takes remaining fair. Improvements Act, along with Finding important steps to increase the focus A concern with the Cornyn amend- Fugitives Sex Offenders Act from on sexual violence. As we were writing ment is its mandating the diversion of which the Cornyn Amendment takes this bipartisan legislation, we con- 7 percent of Debbie Smith Act funding its administrative subpoena provisions. sulted with the men and women who to create an unwieldy national data- Let me turn to the Debbie Smith Act work with victims every day to develop base of rape kits. The amendment and a woman I admire very much. a consensus bill that will help empha- would also compel jurisdictions to un- Debbie Smith is a survivor of a terrible size the need to further reduce the inci- dergo a burdensome process of entering crime who had to wait in terror for far dence of sexual assault. The adminis- information into that database without too long before evidence was tested and tration and law enforcement groups procedural safeguards to ensure its ac- the perpetrator was caught. She has like the National Association of Attor- curacy. These requirements would worked tirelessly to make sure that neys General, the National District At- force state and local law enforcement other victims of sexual assault do not torneys Association, the National to invest time and resources to comply have to endure similar ordeals. I have Sheriffs’ Association, and the Inter- with onerous and illogical reporting re- been a proud supporter of the Debbie national Association of Chiefs of Police quirements and divert their focus from Smith DNA Backlog Grant Program understand and support our goals. their core law enforcement mission of since its creation, and I have worked Unfortunately, while I do not doubt actually responding to calls and inves- with Senators of both parties, includ- that Senator CORNYN shares our goals, tigating sexual assault cases. It is no ing Senators MIKULSKI and HUTCHISON the amendment he is offering can have wonder that the National Association on the Appropriations Committee, to the perverse affect of hindering of Police Organizations opposes the see that it receives as much funding as progress on these issues. That is why Cornyn amendment. possible each year. As I noted, al- The amendment also contains a num- there will be an amendment offering a though its authorization does not ex- ber of criminal sentencing mandates better approach and a better way for- pire until 2014, I included an extension that have no place in our VAWA bill. ward together. The alternative to the of its reauthorization in the Justice Victims’ advocates like the National Cornyn amendment will allow us to For All Reauthorization Act I intro- Task Force to End Sexual and Domes- make progress on to reduce the back- duced earlier this year. The Debbie tic Violence Against Women say its log in the testing of rape kits and other Smith DNA Backlog Grant Program provisions ‘‘would have a chilling ef- DNA samples, as I have always sup- has been very successful in reducing fect on victim reporting and would not ported in the Debbie Smith Act. Ac- evidence backlogs in crime labs, par- help hold perpetrators accountable.’’ cordingly, I will urge all Senators to ticularly in sexual assault cases. That Victim advocates tell us that, particu- reject the Cornyn amendment and sup- is why I am glad that the alternative larly in cases where the perpetrator is port the alternative, which will com- amendment will allow us to ensure known to the victim, these kinds of plement the work we are doing by re- that the program is authorized through mandated sentences can deter victims authorizing the Violence Against 2017 at a level of $151 million a year. Women Act. from reporting the crimes and actually I point out that the provisions in the contribute to continuing abuse. Manda- Unfortunately, disturbing reports Cornyn amendment are duplicative of tory minimum sentences such as these have emerged of continuing backlogs, provisions in the Republican proposal also worsen prison overcrowding and with some cities finding thousands of untested rape kits on police depart- offered by Senators HUTCHISON and budget crises at the Federal, State, and ment shelves. That means that there is GRASSLEY. The Senate is already vot- local level, and undermine our effective more need than ever for the Debbie ing on those provisions. Federal sentencing system. The Na- Further, Senator CORNYN, who is a tional Network to End Domestic Vio- Smith Act but also that there must be member of the Judiciary Committee, lence, the National Association to End increased emphasis on reducing law en- did not offer his current amendment Sexual Violence, the National Council forcement backlogs, where there has when the VAWA reauthorization was Against Domestic Violence, and the been less progress. That is why it is so considered earlier this year. I offered National Congress of American Indians important that alternative to the Cor- an amendment on his behalf that the Task Force oppose these sentencing nyn amendment expands the Debbie committee adopted on another issue. provisions. Smith Act to allow law enforcement to Moreover, the separate issue of the There could be an extended Senate obtain funding for the collection and Debbie Smith Act is part of a larger ef- debate about whether mandatory mini- processing of DNA evidence. Law en- fort on which the Judiciary Committee mums are good policy and the unin- forcement burden is one of the key bot- is considering as we move to reauthor- tended consequence they may have of tlenecks in the process at present. In ize the Justice for All Act that we worsening abuse in domestic violence contrast to the Cornyn amendment, passed with bipartisan support several situations. That would be a long debate the alternative calls for new national years ago. Although we have made re- with strongly held views. That is not best practices and protocols for law en- duction of rape kit backlogs an addi- what the Violence Against Women Act forcement handling of rape kits and for tional use for which VAWA STOP is about. We should not complicate pas- Justice Department assistance to law grants funding may be used by State sage of this bipartisan measure with enforcement in addressing this con- and local jurisdictions, this matter is such matters beyond the scope and pur- tinuing problem. This will help to on a separate legislative track. pose of the bill. Such debates are for make real progress in overcoming the I am not insisting or formality in another time and other bills. last major hurdles in reducing backlogs this regard and have worked with other Our VAWA reauthorization bill of rape kits. Senators on the alternative amend- should not be seen as a catch-all for all The amendment takes steps to en- ment that should be helpful to our goal criminal proposals or sentencing man- sure that more of the Debbie Smith of reducing the rape kit testing back- dates. There are other bills and other Act funds are used directly for DNA log. To make sure our work is success- packages of bills that we are working evidence testing to reduce backlogs. ful, we will also need to pay careful at- on and hope to pass this year. Some That will make this key program even tention to the standards for testing may come up in the Justice for All Act quicker and more effective in reducing and the controversies surrounding is we are able to get Senate floor time backlogs. The Debbie Smith program is those matters, however. Moreover, for that measure. Some have come up an important tool in the fight against there is a risk of making money avail- on separate bills that are awaiting Re- sexual assault, and I hope all Senators able that swamps the capacities for ac- publican clearance for Senate passage. will join us in reauthorizing and

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.034 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2792 CONGRESSIONAL RECORD — SENATE April 26, 2012 strengthening it by rejecting the Cor- tence. Therefore, we support a reasonable minimum sentence for that kind of nyn amendment in favor of the alter- mandatory minimum sentence for this of- promotion of this degradation of chil- native. fense. dren would be something all of us could As I have said during this debate, we As we have . . . testified, child protection support. must do more to reduce sexual assault, measures must also include the ability to lo- cate non-compliant registered sex offenders. I heard people on the floor say our and the bipartisan Leahy-Crapo bill fo- . . . The U.S. Marshals Service is the lead substitute does not fully cover some cuses on that goal. I believe that Sen- federal law enforcement agency for tracking areas, such as Indian women. Well, our ator CORNYN’s amendment will distract these fugitives. Their efforts would be great- bill assures that Indian women are from the progress that is most helpful ly enhanced if they had the authority to going to have the protections in a con- to victims, despite his good intentions. serve administrative subpoenas. . . . stitutional way so the bill is not I urge Senators to vote against the Now, that is key because it is covered thrown out. Indian women on reserva- Cornyn amendment and support the al- in our substitute. It is covered in Sen- tions are particularly vulnerable, and ternative to expedite improvements to ator CORNYN’s amendment. It is not my colleague, Senator MURKOWSKI, has the Debbie Smith Act to reduce the covered in either the underlying Leahy told me that in Alaska they do not backlog of untested rape kits and other bill nor in Senator KLOBUCHAR’s side- have reservations to a great extent, DNA evidence. by-side. So this is a major area of but they do have a record of abuse of The PRESIDING OFFICER (Mrs. strengthening that this very important Indian women, and we need to protect SHAHEEN). The Senator from Texas. victims’ rights organization is sup- them. AMENDMENT NO. 2095 porting. We do it in a constitutional way in (Purpose: In the nature of a substitute) Shared Hope International is another our substitute, and I think that protec- Mrs. HUTCHISON. Madam President, children’s advocate organization that tion is very important. It has been de- I rise to speak on behalf of my sub- says: termined by several organizations— stitute amendment along with Senator Child pornography is one form of child sex criminal justice organizations—that GRASSLEY and other cosponsors, and I trafficking and is too often intertwined with the underlying bill is not constitu- call up the amendment, No. 2095. the other forms of sexual exploitation, which tional and would not work for Indian The PRESIDING OFFICER. The include prostitution and sexual performance. clerk will report. Stiffer penalties will bring greater deter- women. The assistant legislative clerk read rence and justice for the victims. It has been asserted on the Senate as follows: Then, RAINN, which is the largest floor that we do not protect victims of The Senator from Texas [Mrs. HUTCHISON], victims’ rights organization for sexual same-sex sexual violence, but we do. for herself, Mr. GRASSLEY, Mr. MCCONNELL, assault, says: We neutralize in our bill any reference Mr. CORNYN, Mr. KYL, Mr. ALEXANDER, Mr. or discrimination. In fact, I will read Thank you . . . for including the SAFER MORAN, and Mr. CORKER, proposes an amend- Act— the language of our bill: ment numbered 2095. No person in the United States shall on the Mrs. HUTCHISON. Madam President, Which is Senator CORNYN’s amend- ment. basis of actual or perceived race, color, reli- I ask unanimous consent that reading gion, national origin, sex, or disability be ex- of the amendment be dispensed with. . . . . We are grateful for your leadership in cluded from participation in, be denied the The PRESIDING OFFICER. Without the battle to prevent sexual violence and benefits of, or be subjected to discrimination objection, it is so ordered. prosecute its perpetrators. under any program or activity funded in (The amendment is printed in today’s Then, PROTECT also says: whole or in part with funds made available RECORD under ‘‘Text of Amendments.’’) . . . the apologists for child pornography under [this act]. Mrs. HUTCHISON. Madam President, traffickers deny the pain and harm done by We cover every person who is a vic- the substitute amendment is a bill that possessors of these images. tim under this bill. I have been made takes the good parts and the important They go on further to say: aware through very sad stories of the parts of the reauthorization of the Vio- . . . ‘‘simple processors’’— need to protect men as well, as victims lence Against Women Act that I think of same-sex domestic violence. Men are universal—the parts that have Which would mean people who have this and have it on their computers and who have been gang raped are less like- passed unanimously through Congress ly to report it because of a shame they in recent years, starting 16 years ago— sell it— fuel the market for more and more crime feel, and it is a different aspect than we but the substitute also strengthens the have dealt with in previous Violence bill. I am glad we are going to get a scene recordings of children being raped, tor- tured and degraded. Against Women Act bills. But it is real chance to vote on something that will and we do need to cover that. We do in strengthen it because there are some Now, these are people who are for the Cornyn amendment, and they are for the substitute bill, absolutely fully. We areas where the underlying bill is not cover victims of domestic violence in as strong as our substitute bill, amend- the protection we have in the sub- stitute. our bill, and that is what is important ment No. 2095, would be, especially in to all of us. the area of abuse of children and child It is so important we strengthen this Immigrant women who are illegal pornography and child sex trafficking. area to try to protect our most vulner- have the same protections they have This is our most vulnerable victim: the able victims. That is one area where had in every Violence Against Women child who is abused. strengthening can make such a dif- I want to read from some of the na- ference. The Marshals Service being Act that has been passed over the last tional organizations for victims as able to have administrative subpoenas 16 years. So we do not change that. We they write about this important aspect will allow them to track even known do not change the authorization levels. which is included in our bill but not sexual predators who have fled and you So all of these—along with our covered as well in the underlying bill. have a hard time finding them. strengthening of the bill with the Mar- The National Center for Missing and I gave an illustration this morning of shals Service’s ability to get adminis- Exploited Children, with whom I have two children who were abducted by a trative subpoenas, as well as the min- worked to try to get the AMBER Alert known sexual predator, but they did imum sentences that are so very im- system to be relevant across State not have the administrative ability to portant—make our bill the right alter- lines—where we have actually saved, find that sexual predator, and he ended native. we believe, 550 children who have been up killing one of the children, the chil- I have said before that I feel so abducted and taken across State dren’s mother, the mother’s boyfriend, strongly about this issue that I intend lines—because of the quick action of and another relative. to vote for, of course, my amendment, the AMBER Alert system, they have In the underlying bill, the mandatory which I think is strengthening; most been able to be safely brought back sentences are days. We have a min- certainly for Senator CORNYN’s amend- home. The National Center for Missing imum mandatory 1-year sentence for a ment, which is a strengthening amend- and Exploited Children says: crime of having pornography that ment to the underlying bill—it is in- . . . possession of child pornography is a shows 8- to 10-year-old girls being cluded in our substitute as well; Sen- serious crime that deserves a serious sen- raped. Now, I would think a 1-year ator CORNYN is another cosponsor, as is

VerDate Mar 15 2010 05:32 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.034 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2793 Senator MCCONNELL, of the sub- marshals the administrative subpoenas ARROW CHILD & FAMILY MINISTRIES, stitute—but I intend to vote for the un- to collect records and information to April 25, 2012. derlying bill even with its flaws be- help identify these unregistered sex of- DEAR SENATOR CORNYN: Arrow Child & Family Ministries supports the proposed cause I wish to make sure there is no fenders and to protect future victims ‘‘Justice for Victims Amendment’’ to S. 1925. cutting off of the aspect of this most from their sexual assault. VAWA Reauthorization is of critical impor- important legislation because of the Because if they are registered, if they tance to victims of sexual assault, stalking, time limit of our action. are identified, they are much less like- domestic and dating violence and your pro- The PRESIDING OFFICER. The mi- ly to reoffend and commit further acts posed amendment will provide additional nority has 3 minutes remaining re- of sexual abuse. We all want to see this protections and accountability to victims. As a provider of foster care services in served for the junior Senator from legislation pass. But I would just reit- Texas. Texas, California, Pennsylvania and Mary- erate for my colleagues’ benefit, the land, Arrow sees first-hand the impact do- Mrs. HUTCHISON. If the Senator letter we received from the Rape, mestic and sexual violence has on families wishes to speak further, I am happy to Abuse and Incest National Network and society’s youngest victims—children. yield. that said the alternative to my amend- Arrow is also engaged in helping victims of Mr. CORNYN. I will be glad to yield ment that will be offered—that the al- child sex trafficking with the opening of to Senator HUTCHISON 2 of these 3 min- ternative is largely symbolic and will Freedom Place, a long-term comprehensive utes remaining. not have the impact of reducing the care facility located in Texas for underage Mrs. HUTCHISON. I thank the Sen- American girls who have been bought and impact we find in the Cornyn amend- sold as sex slaves. The average age of these ator. I would just say I have had a long ment. record in this area. When I was a mem- girls is 12 to 13 years old. Once they become I would ask my colleagues to support victims, their life expectancy is only seven ber of the State legislature, Texas the amendment and to support cer- years. This is not just an international prob- passed the most far-reaching protec- tainly Senator HUTCHISON’s amend- lem. Thousands of girls and boys from towns tion for victims of rape in the whole ment. I commend her for her great and cities across America are victims. In country. I was the lead sponsor of that work on this subject. fact, according to the National Incidence bill. When we passed it in 1975, it then Studies of Missing, Abducted, Runaway and became the model other States used to EXHIBIT 1 Throwaway Children, an estimated 1 out of strengthen the laws to help these vic- NATIONAL CENTER FOR MISSING every 3 children who run away is lured into tims. & EXPLOITED CHILDREN, sex trafficking within 48 hours of leaving Alexandria, VA, April 26, 2012. home. One day, just in this last year, I was Hon. KAY BAILEY HUTCHISON, Our children are in crisis and we thank at a grocery store in Dallas, TX. A U.S. Senate, Senator Cornyn for his willingness to tough- woman came up to my truck I was Washington, DC. en sentencing for some of the worst sex of- driving, knocked on the window. I had DEAR SENATOR HUTCHISON: As you know, fenders, and call on Backpage.com to remove no idea what she was going to say, but the National Center for Missing & Exploited part of its website that has been linked to I rolled down the window. She said: Children (NCMEC) addressed the issue of sen- child sex trafficking. Respectfully, Senator HUTCHISON, thank you for the tencing for federal child pornography crimes in our testimony before the Senate Judiciary MARK TENNANT, bill you passed in Texas in 1975—be- Founder and CEO. cause I was a victim of rape, and I Committee in March 2011. The 1.4 million re- ports to NCMEC’s CyberTipline, the Congres- would not have gone forward without sionally-authorized reporting mechanism for RAPE, ABUSE & INCEST your protections. But I did and that online crimes against children, indicate the NATIONAL NETWORK, man was sent to prison. scope of the problem. These child sex abuse Washington, DC, March 23, 2012. That is what we are here for, and images are crime scene photos that memori- Hon. JOHN CORNYN, that is why I have this strong sub- alize the sexual abuse of a child. Those who U.S. Senate, stitute. possess them create a demand for new im- Washington, DC. ages, which drives their production and, DEAR SEN. CORNYN: I am writing to express The PRESIDING OFFICER. The jun- RAINN’s strong support for the Justice for ior Senator from Texas. hence, the sexual abuse of more child vic- tims to create the images. Victims Amendment, which will strengthen Mr. CORNYN. Madam President, I the Violence Against Women Reauthoriza- Despite the heinous nature of this crime, have letters in support of the legisla- tion Act and have a tremendously positive the federal statute criminalizing the posses- impact on how our nation’s criminal justice tion we have talked about, the SAFER sion of child pornography has no mandatory system responds to—and prevents—sexual vi- amendment, the alternative to the Klo- minimum sentence. This, combined with the buchar amendment, from the National olence. advisory nature of the federal sentencing One out of every six women and one in 33 Center for Missing and Exploited Chil- guidelines, allows judges to impose light sen- men are victims of sexual assault—20 million dren, from Arrow Child and Family tences for possession. Congress passed man- Americans in all, according to the Depart- Ministries, from the Rape, Abuse and datory minimum sentences for the crimes of ment of Justice. Rapists tend to be serial Incest National Network, and from receipt, distribution, and production of child criminals, often committing many crimes PROTECT. I ask unanimous consent pornography. We don’t believe that Congress before they are finally caught; and only intended to imply that possession of child that all those letters be printed in the about 3% of rapists will ever spend a single pornography is less serious than these other day in prison. RECORD following my remarks. offenses. NCMEC feels strongly that posses- The PRESIDING OFFICER. Without First, this amendment will help eliminate sion of child pornography is a serious crime the DNA evidence backlog by ensuring that objection, it is so ordered. that deserves a serious sentence. Therefore, 75% of DNA spending goes directly to solve (See exhibit 1.) we support a reasonable mandatory min- cases, a big improvement over current prac- Mr. CORNYN. I wish to talk about imum sentence for this offense. tice. It will also establish the Sexual Assault one aspect of Senator HUTCHISON’s leg- As we have previously testified, child pro- Forensic Evidence Registry, which will bring islation that is also included in my tection measures must also include the abil- transparency, efficiency and accountability stand-alone amendment. This is the ad- ity to locate non-compliant registered sex to the DNA backlog problem and allow pol- ministrative subpoena authority. Be- offenders—offenders who have been con- icymakers to closely track local backlogs victed of crimes against children yet fail to cause this has been taken out of the and prioritize testing. The amendment will comply with their registration duties. The also ensure that criminals convicted of se- Klobuchar alternative, it is not in un- U.S. Marshals Service is the lead federal law vere crimes of violence against women re- derlying Leahy bill. enforcement agency for tracking these fugi- ceive a just punishment, and ensure that fu- What happens is sex offenders are re- tives. Their efforts would be greatly en- gitive sex offenders are swiftly identified and quired to register. If they do not reg- hanced if the had the authority to serve ad- located. If enacted, these provisions will lead ister, they are much more likely to ministrative subpoenas in order to obtain to more successful prosecutions, more vio- commit future acts of sexual assault Internet subscriber information to help de- lent criminals behind bars, and safer commu- and abuse, particularly against chil- termine the fugitives’ physical location and nities. apprehend them. dren. As a matter of fact, one of the RAINN is the nation’s largest anti-sexual Thank you for your efforts to protect our violence organization. RAINN created and biggest indicators that someone is nation’s children. operates the National Sexual Assault Hot- likely to reoffend is when they do not Sincerely, lines (800.656.HOPE and rainn.org), which register. So what the Hutchison bill ERNIE ALLEN, have helped more than 1.6 million people does, what my bill does, is give U.S. President and CEO. since 1994. RAINN also carries out programs

VerDate Mar 15 2010 06:49 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.076 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2794 CONGRESSIONAL RECORD — SENATE April 26, 2012 to prevent sexual assault, help victims, and proved. We took their input seriously, victims. The rate of violence in same ensure that rapists are brought to justice. and we carefully drafted our legislation sex relationships is the same as the For more information about RAINN, please to respond to those needs. general population, and we know that visit www.rainn.org. Our bill is supported by more than Thank you for introducing the Justice for victims in that community are having Victims Amendment. We believe this amend- 1,000 Federal, State, and local organiza- difficulty accessing services. ment will greatly enhance VAWA and result tions. They include service providers, To strip out these critical provisions in a stronger, more effective bill. We are law enforcement, religious organiza- is to turn our backs on victims of vio- grateful for your unflagging leadership in tions, and many, many more. lence. That is not the spirit of VAWA. the battle to prevent sexual violence and There is one purpose and one purpose We understand that a victim is a vic- prosecute its perpetrators, and we look for- only for the bill that Senator CRAPO tim is a victim, and none of them ward to working with you to encourage pas- and I introduced, and that is to help should be excluded or discriminated sage of this important amendment and to re- and protect victims of domestic and against. authorize VAWA. sexual violence. Our legislation rep- The Republican proposal would ex- Sincerely, resents the voices of millions of sur- tend and institutionalize that discrimi- SCOTT BERKOWITZ, President and Founder. vivors and their advocates all over the nation. The Republican proposal should country. be rejected. PROTECT, The same cannot be said for the Re- The Republican proposal also fails to Knoxville, TN, April 16, 2012. publican proposal brought forward in adequately protect Tribal victims. Do- Hon. JOHN CORNYN, these last couple of days. That is why mestic violence in tribal communities 517 Hart Senate Office Bldg., the Republican proposal is opposed by is an epidemic. Four out of five per- Washington, DC. so many and such a wide spectrum of petrators of domestic or sexual vio- DEAR SENATOR CORNYN: I am writing to ex- people and organizations. lence on Tribal lands are non-Indian press PROTECT’s strong support for the Jus- The National Task Force to End Sex- tice for Victims Amendment. and currently cannot be prosecuted by This amendment to the Violence Against ual and Domestic Violence Against tribal governments. Women Act will create needed penalty en- Women, which represents dozens of or- If you need more convincing of this hancements for several crimes, including ganizations from across the country problem, listen to the senior Senator child trafficking and domestic violence. It says: ‘‘The Grassley-Hutchison sub- from Washington and the Senators would also begin to address the nation’s out- stitute was drafted without input or from New Mexico, Montana, Alaska rageous and unacceptable backlog of rape consultation from the thousands of and Hawaii who have spoken so com- kits, by reforming how the Justice Depart- professionals engaged in this work pellingly to the Senate about these ment allocates existing resources. every day. concerns and who strongly support the PROTECT has members in all 50 states and around the world. As you know, we have fo- The substitute includes damaging provisions in the bipartisan Leahy- cused on addressing the magnitude of online and unworkable provisions that will Crapo bill. child exploitation. The PROTECT our Chil- harm victims, increase costs, and cre- The Republican proposal is no real dren Act of 2008, which we initiated (and ate unnecessary inefficiencies.’’ Al- alternative to fix the jurisdictional which had 61 Senate sponsors) exposed the though well-intentioned, the Repub- loophole that is allowing the domestic magnitude of this problem both domestically lican proposal is no substitute for the and sexual violence against Native and abroad and mandated increased trans- months of work we have done in a bi- women to go undeterred and un- parency and accountability by the U.S. De- partisan way with victims and advo- remedied. Its proposal offers a false partment of Justice and the agencies it cates from all over the country. hope, a provision that purports to funds. We also want to thank you for including an I regret to say that the Republican allow a tribe to petition a Federal important provision granting the US Mar- proposal undermines core principles of court for a protective order to exclude shals Service administrative subpoena power the Violence Against Women Act. It individuals from tribal land. It does to track unregistered sex offenders. Since would result in abandoning some of the not even allow the victim herself to re- 1993, the national trend to use public reg- most vulnerable victims and strips out quest the order, and it does nothing to istration in lieu of meaningful containment key provisions that are critically nec- ensure that a violent offender is held and supervision has threatened community essary to protect all victims—including accountable. safety. Aggressively pursuing those who fail battered immigrants, Native women, This is a false alternative. It is not to comply is thus an especially valuable pub- and victims in same sex relationships. what the Justice Department has sug- lic safety strategy. PROTECT is intimately The improvements in the bipartisan familiar with the work of the Service and gested. It is not what the Indian Af- can attest to the hard work and success that Leahy-Crapo Violence Against Women fairs Committee has supported. It will office has tracking and apprehending child Reauthorization Act are gone from the do next to nothing and is no answer to predators. Republican proposal. It is no substitute the epidemic of violence against Native We thank you for continued leadership in and does nothing to meet the unmet women. the battle to protect American Children. The needs of victims. The Republican proposal also aban- Justice for Victims Amendment is a much- The Republican proposal fundamen- dons immigrant victims and disregards needed advance in this battle. We look for- tally undermines VAWA’s historic law enforcement requests for addi- ward to working with you to secure passage focus on protecting women. It literally tional U visas, a law enforcement tool of this amendment to champion the re-au- thorization of VAWA. calls for removing the word ‘‘women’’ that encourages immigrants to report Sincerely, from the largest VAWA grant program. and help prosecute crime. To the con- GRIER WEEKS, Women are still victimized at far high- trary, the Republican proposal would Executive Director. er rates, and with a far greater impact add dangerous restrictions on current The PRESIDING OFFICER. The Sen- on their lives, than men. Shifting U visa requirements that could result ator from Vermont. VAWA’s focus away from women is un- in that tool being less effective. Mr. LEAHY. Madam President, how necessary and harmful. The U visa process already has fraud much time is remaining on each side? The Republican proposal would send protections. For law enforcement to The PRESIDING OFFICER. There is a terrible message. There is no reason employ U visas, law enforcement offi- 6 minutes 20 seconds for the majority. to turn the Violence Against Women cers must personally certify that the Mr. LEAHY. How much on the other Act inside out and eliminate the focus victim is cooperating with a criminal side? on the victims the bill has always been investigation. The new restrictions the The PRESIDING OFFICER. Zero. intended to protect. Republican proposal seeks to add will Mr. LEAHY. Mr. President, the Our Leahy-Crapo bipartisan bill, by discourage victims from coming for- Leahy-Crapo Violence Against Women contrast, does not eliminate the focus ward and will hinder law enforcement’s Reauthorization Act is based on on violence against women, but in- ability to take violent criminals off months of work with survivors, advo- creases our focus to include all victims the street. cates, and law enforcement officers of domestic violence and sexual as- I will be offering an amendment to from all across the country. sault. offset the minimal additional costs as- We listened when they told us what The Republican proposal strips out sociated with our increasing the num- was working and what could be im- critical protections for gay and lesbian ber of U visas that can be used. With

VerDate Mar 15 2010 06:49 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.037 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2795 that amendment the bipartisan Leahy- shire said earlier today: They do not Ms. KLOBUCHAR. I ask unanimous Crapo bill will not ‘‘score’’ and will be ask who the victim is when there is a consent that the reading of the amend- deficit neutral. victim. ment be dispensed with. The Republican proposal also would With my remaining time, I yield 2 The PRESIDING OFFICER. Without add burdensome, unnecessary and minutes to the Senator from New Jer- objection, it is so ordered. counterproductive requirements that sey and the remaining time to the Sen- The amendment is as follows: would compromise the ability of serv- ator from Minnesota, Ms. KLOBUCHAR. (Purpose: To provide Debbie Smith grants ice providers to maximize their ability The PRESIDING OFFICER. The Sen- for auditing sexual assault evidence back- to reach victims. In contrast, the bi- ator from New Jersey. logs) partisan Leahy-Crapo accountability Mr. MENENDEZ. Madam President, I At the appropriate place, insert the fol- provisions ensure the appropriate use wish to salute the distinguished chair- lowing: of taxpayer dollars without unneces- man of the Judiciary Committee for SEC. ll. DEBBIE SMITH GRANTS FOR AUDITING sary regulatory burdens. the incredible work he has done to SEXUAL ASSAULT EVIDENCE BACK- It is all the more ironic that the Re- bring us to this moment. LOGS. publican proposal would add massive, I held a roundtable in New Jersey Section 2 of the DNA Analysis Backlog with about 35 organizations that deal Elimination Act of 2000 (42 U.S.C. 14135) is new bureaucratic requirements to serv- amended— ice providers who are understaffed and with the challenge of violence against women. They unequivocally expressed (1) in subsection (a), by adding at the end operating on shoestring budgets like the following: their support for what we are doing most small businesses and nonprofits. ‘‘(6) To conduct an audit consistent with These requirements are unnecessary here today and the importance in the subsection (n) of the samples of sexual as- lives of women whom they deal with and would add significant costs to vic- sault evidence that are in the possession of every day. tim service providers, undercutting the State or unit of local government and I know my friends on the other side their ability to help victims. are awaiting testing. of the aisle are trying to strip provi- ‘‘(7) To ensure that the collection and proc- It is easy to call for audits, but with- sions that protect women from dis- essing of DNA evidence from crimes, includ- out proper resources and focus, such crimination and abuse in certain cat- ing sexual assault and other serious violent demands could be counterproductive egories. In my view, violence against crimes, is carried out in an appropriate and and lead to decreased accountability. any woman is still violence. The Na- timely manner. The bipartisan Leahy-Crapo bill, by ‘‘(8) To ensure effective communication tion has been outraged about violence contrast, includes targeted account- among emergency response providers, law against women for almost two decades. ability provisions. enforcement personnel, prosecutors, courts, We have seen the violence. We continue While I have been willing to accom- defense counsel, crime laboratory personnel, to fight against it. We have tried to and crime victims regarding the status of modate improvements to this legisla- end it. In my mind, there is no doubt— crime scene evidence to be tested.’’; tion from day one, I have also been and I would find it very hard to under- (2) in subsection (c)(3)(B)— clear that I will not abandon core prin- stand why anyone would stand in the (A) by striking ‘‘2014’’ and inserting ‘‘2017’’; ciples of fairness. Regrettably, that is way of denouncing violence against and what the Republican proposal would re- (B) by striking ‘‘40’’ and inserting ‘‘70’’; any woman, no matter who they are, sult in doing. It would undermine the (3) by striking subsection (j) and inserting no matter what their class is. the following: core principle of VAWA to protect vic- I am hard-pressed to understand why tims—all victims—the best way we ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— anyone would choose to exclude vio- There are authorized to be appropriated to know how. Our bill is focused on VAWA lence against certain women; turn back the Attorney General for grants under this and improvements to meet the unmet the clock to a time when such violence section $151,000,000 for each of fiscal years needs of victims. was not recognized, was not a national 2013 through 2017.’’; and It is not a catch-all for all proposals disgrace, and make a distinction when (4) by adding at the end the following: for criminal law reform, for sentencing ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL and against whom such violence meets modifications. There are other bills ASSAULT EVIDENCE BACKLOGS.— our threshold of outrage. In my mind, and other packages of bills that we are ‘‘(1) ELIGIBILITY.—The Attorney General there can be no such threshold, no such working on and hope to pass this year. may award a grant under this section to a distinction. Violence against any We should not complicate passage of State or unit of local government for the woman is an outrage, plain and simple. purpose described in subsection (a)(6) only if this bipartisan measure with such mat- The reauthorization of the Violence the State or unit of local government— ters beyond the scope and purpose of Against Women Act does not just af- ‘‘(A) submits a plan for performing the the bill. Such debates are for another fect those who are here or might be- audit of samples described in such sub- time and other bills. come victims of sexual violence or do- section; and ‘‘(B) includes in such plan a good-faith es- I urge all Senators to join together mestic violence; it affects all of us. to protect the most vulnerable victims timate of the number of such samples. Nearly one in five women report being ‘‘(2) GRANT CONDITIONS.—A State or unit of of violence, including battered immi- the victim of a rape or an attempted grant women assisting law enforce- local government receiving a grant for the rape. One in six report being stalked. purpose described in subsection (a)(6) shall, ment, Native American women who One in four women report having been not later than 1 year after receiving such suffer in record numbers, and those beaten by their partner. Of those who grant, complete the audit described in para- who have traditionally had trouble ac- report being raped, 80 percent report graph (1)(A) in accordance with the plan sub- cessing services. being raped before the age of 25. mitted under such paragraph. A victim is a victim is a victim. They The short-term physical and emo- ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The Attorney General may grant an extension of all deserve our attention and the pro- tional trauma of such an event cannot tection and access to services the bi- the deadline under paragraph (2)(A) to a be overstated. That is why it is critical State or unit of local government that dem- partisan Leahy-Crapo bill provides. we pass VAWA as the committee has The path forward is to reject the Re- onstrates that more time is required for moved forward. compliance with such paragraph. publican proposal, which is no alter- I yield the floor. ‘‘(4) DEFINITIONS.—In this subsection: native to the bipartisan Leahy-Crapo The PRESIDING OFFICER. The Sen- ‘‘(A) AWAITING TESTING.—The term ‘await- bill. Let us move forward together to ator from Minnesota. ing testing’ means, with respect to a sample meet the unmet needs of victims. AMENDMENT NO. 2094 TO AMENDMENT NO. 2093 of sexual assault evidence, that— I would just say that the Leahy- Ms. KLOBUCHAR. Madam President, ‘‘(i) the sample has been collected and is in Crapo bill does not eliminate the focus the possession of a State or unit of local gov- I call up amendment No. 2094. ernment; on violence against women; it protects The PRESIDING OFFICER. The women, unlike the Republican proposal ‘‘(ii) DNA and other appropriate forensic clerk will report. analyses have not been performed on such which strips out so many aspects. The assistant legislative clerk read sample; and Our bill is inclusive. Theirs is exclu- as follows: ‘‘(iii) the sample is related to a criminal sive. A victim is a victim is a victim. The Senator from Minnesota [Ms. KLO- case or investigation in which final disposi- We do not exclude anybody. As the dis- BUCHAR] proposes an amendment numbered tion has not yet been reached. tinguished Senator from New Hamp- 2094 to amendment No. 2093. ‘‘(B) POSSESSION.—

VerDate Mar 15 2010 06:49 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.041 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2796 CONGRESSIONAL RECORD — SENATE April 26, 2012 ‘‘(i) IN GENERAL.—The term ‘possession’, issues Senator CORNYN’s amendment Boxer Inouye Nelson (NE) used with respect to possession of a sample addresses. Brown (MA) Johnson (SD) Nelson (FL) of sexual assault evidence by a State or unit Brown (OH) Kerry Pryor The difference between Senator COR- Cantwell Klobuchar Reed of local government, includes possession by NYN’s amendment and my amendment Cardin Kohl Reid an individual who is acting as an agent of is that mine does not mandate that a Carper Landrieu Rockefeller the State or unit of local government for the Casey Lautenberg Sanders collection of the sample. minimum percentage of funds be used Collins Leahy Schumer ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in for audit. Senator CORNYN’s amend- Conrad Levin Shaheen clause (i) shall be construed to create or ment also has provisions such as sub- Coons Lieberman Snowe amend any Federal rights or privileges for Durbin Manchin Stabenow poena authority for U.S. marshals who Feinstein McCaskill Tester non-governmental vendor laboratories de- are tracking fugitive sex offenders that Franken Menendez Udall (CO) scribed in regulations promulgated under I have supported in the past and I will Gillibrand Merkley Udall (NM) section 210303 of the DNA Identification Act continue to support in the future. I will Hagan Mikulski Warner of 1994 (42 U.S.C. 14131). Harkin Murkowski Whitehouse ‘‘(o) DEVELOPMENT OF PROTOCOLS AND be glad to work with Senator CORNYN Heller Murray Wyden and Chairman LEAHY and others to get PRACTICES.— NAYS—41 ‘‘(1) PROTOCOLS AND PRACTICES.—Not later this done and to look for an appro- than 18 months after the date of enactment priate vehicle to address this issue. Alexander Enzi McConnell of the Violence Against Women Reauthoriza- Ayotte Graham Moran But today is about passing VAWA Barrasso Grassley Paul tion Act of 2011 the Director of the National without delay. We have worked on the Blunt Hatch Portman Institute of Justice, in consultation with Judiciary Committee for 1 month with Boozman Hoeven Risch Federal, State, and local government labora- Burr Hutchison every group that wanted to have a say Roberts tories and law enforcement agencies, shall Chambliss Inhofe Rubio develop and publish a description of proto- in the reauthorization of VAWA, and Coats Isakson Sessions Coburn Johanns cols and practices the Director considers ap- we have worked closely with all on the Shelby Cochran Johnson (WI) propriate for the accurate, timely, and effec- Thune committee. As you know, Senator Corker Kyl Toomey tive collection and processing of DNA evi- CRAPO has been the long-time Repub- Cornyn Lee dence, including protocols and practices spe- lican coauthor of this bill. We have a Crapo Lugar Vitter Wicker cific to sexual assault cases, which shall ad- number of Republican supporters. I DeMint McCain dress appropriate steps in the investigation NOT VOTING—2 of cases that might involve DNA evidence. wish to end with the words of Paul ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— Wellstone, who once served in the Sen- Kirk Webb The Director shall make available technical ate on behalf of the State of the Min- The PRESIDING OFFICER. Under assistance and training to support States nesota, who was a fierce advocate for the previous order requiring 60 votes and units of local government in adopting the Violence Against Women Act. for the adoption of this amendment, and implementing the protocols and prac- He said this: the amendment is rejected. tices developed under paragraph (1) on and What are we waiting for? Too many have AMENDMENT NO. 2086 after the date on which the protocols and spoken with their voices and with their lives, practices are published. Under the previous order, there will and this violence must end. ‘‘(3) DEFINITION OF BACKLOG FOR DNA CASE now be 2 minutes of debate equally di- WORK.—The Director shall develop and pub- Let’s get the Violence Against vided prior to a vote in relation to lish a definition of the term ‘backlog for Women Act done. amendment No. 2086, offered by the DNA case work’ for purposes of this sec- I yield the floor. Senator from Texas, Mr. CORNYN. tion— Mr. LEAHY. Madam President, we The Senator from Texas. ‘‘(A) taking into consideration the dif- are about to vote. This is a time for Mr. CORNYN. Madam President, for ferent stages at which a backlog may de- both Republicans and Democrats to those who supported the Klobuchar velop, including the investigation and pros- amendment, here is your last chance to ecution of a crime by law enforcement per- come together and say what we all sonnel, prosecutors, and others, and the lab- know in our heart: We oppose violence make sure more money under the oratory analysis of crime scene samples; and against women. Let’s say it not just in Debbie Smith Act is appropriated and ‘‘(B) which may include different criteria our heart, let’s say it in legislation— directed toward solving the 400,000 un- or thresholds for the different stages.’’. good legislation. tested rape kits backlogged in this Ms. KLOBUCHAR. I thank Senator Have the yeas and nays been ordered? country that is nothing short of a na- CORNYN and Senator HUTCHISON for The PRESIDING OFFICER. They tional scandal. their words and their work. I rise to have not. We know the people who commit discuss my amendment that would re- Mr. LEAHY. Madam President, which these sexual assault crimes are serial spond to the problems we are seeing is the first amendment to be consid- offenders. If we don’t catch them early, more people are going to get hurt. The with rape kit backlogs, which Senator ered? best way to catch them is to collect CORNYN has identified, while also re- The PRESIDING OFFICER. The this DNA, match it against banked forming what we know is working well question is on agreeing to the Klo- DNA, and take them off the street, and on this issue. buchar amendment, No. 2094. to exonerate those who may be under This amendment would amend the Mr. LEAHY. I ask for the yeas and suspicion but who are innocent. Debbie Smith Act, which, similar to nays. the Violence Against Women Act, has a I hope my colleagues will support The PRESIDING OFFICER. Is there a this amendment. It has the support of history of bipartisan support. The sufficient second? Debbie Smith Act, as you know, was the Rape Abuse and Incest National There is a sufficient second. enacted in 2004. It was named after a Network, and it has administrative The clerk will call the roll. courageous survivor of sexual assault. subpoenas to track down unregistered What this amendment does is to basi- The legislative clerk called the roll. sex offenders who are more likely to cally increase the percentage of Debbie Mr. DURBIN. I announce that the commit crimes against children and Smith grant funds that are available Senator from Virginia (Mr. WEBB) is other innocent victims. Please vote for for use in testing the backlog of rape necessarily absent. this amendment. It will strengthen the kits. We raise the current percentage Mr. KYL. The following Senator is Violence Against Women Act and you of 40 percent up to 70 percent. So it is necessarily absent: the Senator from can be proud of your vote. a significant change. Illinois (Mr. KIRK). The PRESIDING OFFICER. The Sen- The amendment also asks the Na- The PRESIDING OFFICER. Are there ator from Vermont. tional Institute of Justice to develop any other Senators in the Chamber de- Mr. LEAHY. Madam President, we protocols to help law enforcement with siring to vote? have been able to get very good sexual assault cases and to provide The result was announced—yeas 57, progress on the rape kit backlogs in technical assistance and training to nays 41, as follows: the Leahy-Crapo bill. I wish we had law enforcement and local govern- [Rollcall Vote No. 84 Leg.] passed the Klobuchar amendment. The ments. The amendment also allows YEAS—57 Cornyn amendment is well intentioned, funds to be used for auditing rape kit Akaka Begich Bingaman but it will undermine, rather than en- backlogs, which is one of the important Baucus Bennet Blumenthal hance, the progress we have made.

VerDate Mar 15 2010 06:49 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.035 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2797 The Cornyn amendment will divert NOT VOTING—2 The PRESIDING OFFICER. Is there a funding from the Debbie Smith rape Kirk Webb sufficient second? kit backlog reduction program. Let me The PRESIDING OFFICER (Mr. There appears to be a sufficient sec- repeat: It will divert funding from the BLUMENTHAL). Under the previous order ond. Debbie Smith rape kit backlog reduc- requiring 60 votes for the adoption of The clerk will call the roll. The legislative clerk called the roll. tion program to create an unwieldy na- this amendment, the amendment is re- tional database of rape kits. It could Mr. KYL. The following Senator is jected. necessarily absent: the Senator from force State and local law enforcement AMENDMENT NO. 2095 to invest time and resources to comply Illinois (Mr. KIRK). The PRESIDING OFFICER. Under The PRESIDING OFFICER. Are there with onerous and illogical reporting re- the previous order, there will now be 2 quirements instead of actually re- any other Senators in the Chamber de- minutes of debate, equally divided, siring to vote? sponding to calls and investigating sex- prior to a vote on amendment No. 2095, ual assault cases. The result was announced—yeas 37, offered by the Senator from Texas. nays 62, as follows: Key victims’ groups have opposed it, Mrs. HUTCHISON. Mr. President, No. saying all the things it adds in here— [Rollcall Vote No. 86 Leg.] 2095 takes the part of the bill that re- YEAS—37 the things we have taken care of to authorizes the Violence Against help victims—would actually hurt Women Act and continues those, but it Alexander Graham McConnell them. It creates new mandatory min- Ayotte Grassley Moran does important things that are not in Barrasso Hatch Portman imum penalties that victims’ groups the underlying bill: Blunt Heller Risch say will have the opposite effect of No. 1, a mandatory minimum sen- Boozman Hoeven Roberts what we want by deterring abused Burr Hutchison Sessions tence of 5 years for aggravated sexual Chambliss Inhofe women from reporting violence and Shelby assault through the use of drugs or oth- Coats Isakson Thune Cochran Johanns sexual assault crimes. And I strongly erwise rendering the victim uncon- Toomey Corker Johnson (WI) oppose it. Vitter scious is not in the underlying bill. It Cornyn Kyl Wicker The PRESIDING OFFICER. The is in our substitute. Crapo Lugar question is on agreeing to the amend- No. 2, it grants administrative sub- Enzi McCain ment. poena power to U.S. Marshals so they NAYS—62 Mr. MENENDEZ. I ask for the yeas can have the ability to quickly find a Akaka Gillibrand Nelson (NE) and nays. known sexual predator. This has been Baucus Hagan Nelson (FL) Mr. CORNYN. I ask for the yeas and cited by the National Center for Miss- Begich Harkin Paul nays. ing and Exploited Children as a key Bennet Inouye Pryor Bingaman Johnson (SD) The PRESIDING OFFICER. Is there a part of the need to help get these of- Reed Blumenthal Kerry Reid sufficient second? fenders when they are going to prey on Boxer Klobuchar Rockefeller There appears to be a sufficient sec- children. It is not in the underlying Brown (MA) Kohl Rubio Brown (OH) Landrieu Sanders ond. bill; it is in ours. Cantwell Lautenberg Schumer There is a sufficient second. It protects Indian women on reserva- Cardin Leahy tions in a constitutional way. The un- Carper Lee Shaheen The clerk will call the roll. Snowe derlying bill has been questioned as to Casey Levin The assistant legislative clerk called Coburn Lieberman Stabenow the roll. constitutionality by the Congressional Collins Manchin Tester Mr. DURBIN. I announce that the Research Service. Conrad McCaskill Udall (CO) The PRESIDING OFFICER. The Sen- Coons Menendez Udall (NM) Senator from Virginia (Mr. WEBB) is ator’s time has expired. DeMint Merkley Warner necessarily absent. Webb Mrs. HUTCHISON. And it also does Durbin Mikulski Mr. KYL. The following Senator is Feinstein Murkowski Whitehouse what the Cornyn and Klobuchar necessarily absent: the Senator from Franken Murray Wyden amendments attempted to do and as- Illinois (Mr. KIRK). NOT VOTING—1 sure that we get this backlog of people Kirk The result was announced—yeas 50, who have committed rape off the nays 48, as follows: streets. The PRESIDING OFFICER. Under [Rollcall Vote No. 85 Leg.] Please support this amendment. the previous order requiring 60 votes YEAS—50 The PRESIDING OFFICER. The Sen- for the adoption of this amendment, Alexander Enzi McConnell ator from Vermont. the amendment is rejected. Ayotte Graham Moran Mr. LEAHY. Mr. President, the rea- Mr. LEAHY. Mr. President, I wish to Barrasso Grassley Murkowski son why so many people across the po- commend and thank Senator KLO- Bennet Hatch Paul BUCHAR, Senator MIKULSKI, Senator Blunt Heller litical spectrum support the Leahy- Portman BOXER, and Senator CANTWELL for their Boozman Hoeven Risch Crapo bill and the reason they oppose Brown (MA) Hutchison Roberts this amendment is it is going to re- outstanding statements earlier today Burr Inhofe Rubio move the historic emphasis of women in support of our bipartisan Violence Chambliss Isakson Sessions Coats Johanns in VAWA. The improvements we have Against Women Reauthorization Act. Shelby Coburn Johnson (WI) made in the bipartisan Leahy-Crapo Their contributions to the bill and Snowe Cochran Kyl their leadership have been essential. Tester bill are gone from the Republican pro- Collins Lee They have spoken often and consist- Corker Lieberman Thune posal. There is only one real Violence Cornyn Lugar Toomey Against Women Act reauthorization, ently about this legislative priority. Crapo McCain Vitter and this is not it. It undermines core They bring their experiences and years DeMint McCaskill Wicker principles. It abandons some of the of work on these matters to this effort. NAYS—48 most vulnerable victims. It strips key I also wish to commend the state- Akaka Gillibrand Murray provisions that are critically necessary ments made by Senators from both Baucus Hagan Nelson (NE) to protect all victims, including bat- sides of the aisle yesterday as the Sen- Begich Harkin Nelson (FL) tered immigrants, Native women, and ate began consideration of the bill. I Bingaman Inouye Pryor have always enjoyed working with the Blumenthal Johnson (SD) Reed victims of same-sex relationships. Boxer Kerry Reid I hope my colleagues will strongly senior Senator from Texas and recall Brown (OH) Klobuchar Rockefeller and roundly defeat this alternative. It how we worked together to pass our Cantwell Kohl Sanders guts the Violence Against Women Act Amber Alert legislation in record time. Cardin Landrieu Schumer Carper Lautenberg Shaheen reauthorization. As I have said, we have included the Casey Leahy Stabenow The PRESIDING OFFICER. The Klobuchar-Hutchison provision updat- Conrad Levin Udall (CO) question is on agreeing to the amend- ing Federal antistalking legislation in Coons Manchin Udall (NM) ment. our bill from the outset. I appreciate Durbin Menendez Warner Feinstein Merkley Whitehouse Mrs. HUTCHISON. Mr. President, I her saying that she ‘‘is going to sup- Franken Mikulski Wyden ask for the yeas and nays. port’’ the Leahy-Crapo bill. Likewise, I

VerDate Mar 15 2010 07:20 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2798 CONGRESSIONAL RECORD — SENATE April 26, 2012 have supported giving the Republican the legislation stronger. The legisla- tion and the protection and access to proposal a Senate vote, although I have tion came to the floor with 61 Sen- services our bill provides. explained why I will vote against it. ators, including 8 Republicans, as co- I have said since we started the proc- I thought the statements by the ma- sponsors. These adjustments should ess of drafting this legislation that the jority leader, Senator BEGICH, Senator make it even more of a consensus bill. Violence Against Women Act is an ex- UDALL of New Mexico, Senator TESTER, I have been heartened by the con- ample of what the Senate can accom- Senator GILLIBRAND, Senator SCHUMER, structive tone of debate on the floor of plish when we work together. I have as well as Senator HELLER were strong the Senate and the near universal sup- worked hard to make this reauthoriza- and compelling. port for reauthorizing VAWA. Let’s tion process open and democratic. Sen- We now have the opportunity to con- continue this consensus, bipartisan ator CRAPO and I have requested input sider our amendment to improve upon process by passing this amendment and from both sides of the aisle, and we the bill. Our amendment continues to then adopting the bill with these im- have incorporated many changes to focus on protecting victims. By way of provements. Let’s pass this reauthor- this legislation suggested by Repub- our amendment, we can fix a ‘‘scoring’’ ization. As Congress faces unrelenting lican as well as Democratic Senators. problem by adding an offset for the criticism for gridlock and dysfunction, Our bill is based on months of work measures in the bill that the Congres- our reauthorizing VAWA in a bipar- with survivors, advocates, and law en- sional Budget Office determined after tisan way that helps all victims of do- forcement officers from all across the its technical analysis would result in mestic and sexual violence is an exam- country and from all political persua- affecting budget. That amendment ple of the Senate at its best. I hope all sions. We worked with them to craft a should keep the measure budget neu- Senators will join us in this effort. bill that responds to the needs they see tral. We also are pleased to include pro- The PRESIDING OFFICER. Under in the field. That is why every one of visions suggested by Senators MUR- the previous order, amendment No. the provisions in the bill has such KOWSKI and BEGICH to correct the man- 2093, the Leahy substitute amendment, widespread support. That is why more ner in which Alaska is affected by the is agreed to. than 1000 national, State, and local or- tribal provisions in the bill. We worked The question is on the engrossment ganizations support our bill. with them on the initial language and and third reading of the bill. I appreciate the bipartisan support are pleased to continue that bipartisan The bill was ordered to be engrossed this bill has had from the beginning, cooperation. These are additional steps for a third reading and was read the and I want to commend our 61 cospon- we can take to make sure we pass the third time. sors. I commend our eight Republicans best possible legislation we can. The PRESIDING OFFICER. Under for their willingness to work across It has been a pleasure to work with the previous order, there will now be 2 party lines. Senator CRAPO over the last many minutes of debate equally divided prior I cannot overstate the important role months to reauthorize and improve the to the vote on S. 1925. played by Senators MURRAY, MUR- Violence Against Women Act. We have The Senator from Vermont. KOWSKI, MIKULSKI, FEINSTEIN, KLO- been committed to an open, bipartisan Mr. LEAHY. As we proceed to vote to BUCHAR, BOXER, HAGAN, SHAHEEN, process for this legislation from the be- reauthorize the Violence Against CANTWELL, GILLIBRAND, COLLINS, ginning. This amendment I am offering Women Act, I look forward to a strong SNOWE, and AYOTTE in this process. The continues that process and incor- bipartisan vote. I thank the majority work these women Senators have done porates further important suggestions leader and the Republican leader for in shaping the legislation, and sup- we have received from both sides of the their work to bring us to this point. I porting it here on the Senate floor, as aisle. commend the Senators from both sides well as back home in their States, has The substitute makes modest of the aisle who have worked so hard to helped create the urgency needed to changes to the tribal provisions to fur- bring us to this. In particular I thank get a bill passed. They are among the ther protect the rights of defendants. my partner in this effort, Senator strongest supporters of our bill, and These changes are in response to con- CRAPO, and our bipartisan cosponsors. I the bill is better for their efforts. I also cerns raised by Senator KYL and oth- also commend Senator MURRAY and appreciate the gracious comments Sen- ers, and I am happy to make them. The Senator MURKOWSKI who have been so ator HUTCHISON made about the Leahy- substitute also responds to concerns instrumental in helping both sides ar- Crapo bill, and I am encouraged by her raised by Senator MURKOWSKI and Sen- rive at a fair process for considering now joining with us to pass the bill. ator BEGICH about the legislation’s im- amendments and proceeding without I also want to thank the many mem- pact on Alaska Native villages. Again, unnecessary delays. bers of the Judiciary Committee who I am pleased to be able to address those The Violence Against Women Act helped draft various provisions in the concerns. The bill is stronger for it. continues to send a powerful message bill. Senators KOHL, DURBIN, SCHUMER, The substitute also incorporates na- that violence against women is a FRANKEN, KLOBUCHAR, WHITEHOUSE, tional security protections at the re- crime, and it will not be tolerated. It is COONS, and BLUMENTHAL offered signifi- quest of Senator FEINSTEIN. helping transform the law enforcement cant contributions. We also add a small fee for applica- response and provide services to vic- The Senate’s action today could not tions for diversity visas that will more tims all across the country. We are have been accomplished without the than cover the modest costs of pro- right to renew our commitment to the hard work of many dedicated staffers. I tecting additional battered immigrants victims who are helped by this critical would like to thank in particular Anya who assist law enforcement. This addi- legislation and to extend a hand to McMurray, Noah Bookbinder, Ed tion renders the bill deficit neutral and those whose needs have remained Chung, Erica Chabot, Liz Aloi, Matt alleviates budget concerns. It, too, unmet. Smith, Kelsey Kobelt, Tara Magner, Ed makes the legislation stronger. As we have done in every VAWA au- Pagano, John Dowd and Bruce Cohen The amendment strengthens the thorization, this bill takes steps to im- from my staff. campus provision of the legislation prove the law and meet unmet needs. I know the staff of Senator GRASSLEY while responding to concerns that the We recognize those victims who we has put in significant time on this leg- bill might have inadvertently affected have not yet reached and find ways to islation as well. I thank Kolan Davis, burdens of proof in campus pro- help them. This is what we have always Fred Ansell, and Kathy Neubel for ceedings. I thank Senator CASEY for done. As I have said many times the their efforts. working with us on this aspect of the past several weeks, a victim is a victim I also commend the hardworking amendment. is a victim. We are reaching out to help Senate floor staff, Tim Mitchell and These are very modest changes, but all victims. I am proud that the legisla- Trish Engle, and the staffs of other every one reflects our continued com- tion Senator CRAPO and I introduced Senators who I know have worked hard mitment to listening to those who seeks to protect all victims—women, on this legislation, including Erik work with victims of domestic and sex- children, and men, immigrants and na- Stegman, Wendy Helgemo, Josh Riley, ual violence every day and to working tive born, gay and straight, Indian and Ken Flanz, Susan Stoner, Nate with Senators of both parties to make non-Indian. They all deserve our atten- Bergerbest, Kristi Williams, Stacy

VerDate Mar 15 2010 07:33 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.085 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2799 Rich, Mike Spahn, Serena Hoy, Bill Mrs. HUTCHISON. I yield back time The PRESIDING OFFICER. The clo- Dauster, and Gary Myrick. on our side. ture motion having been presented Most importantly, I thank the many The PRESIDING OFFICER. All time under rule XXII, the Chair directs the individuals, organizations, and coali- has been yielded back. clerk to read the motion. tions that have helped with this effort. The bill having been read the third The legislative clerk read as follows: I thank the Vermonters who have time, the question is, Shall the bill CLOTURE MOTION helped inform me and this legislation, pass? We, the undersigned Senators, in accord- Karen Tronsgard-Scott of the Vermont The yeas and nays have been ordered. ance with the provisions of rule XXII of the Network to End Domestic and Sexual The clerk will call the roll. Standing Rules of the Senate, hereby move Violence and Jane Van Buren with Mr. KYL. The following Senator is to bring to a close debate on the motion to Women Helping Battered Women. And I necessarily absent: the Senator from proceed to Calendar No. 365, S. 2343, The Stop thank all those involved with the Na- Illinois (Mr. KIRK). the Student Loan Interest Rate Hike Act of tional Task Force to End Sexual and The PRESIDING OFFICER (Mr. 2012. Harry Reid, Jack Reed, Sheldon White- Domestic Violence Against Women, FRANKEN). Are there any other Sen- house, Jeff Merkley, Charles E. Schu- American Bar Association Commission ators in the Chamber desiring to vote? mer, Kay R. Hagan, Jeanne Shaheen, on Domestic Violence, Asian & Pacific The result was announced—yeas 68, Robert P. Casey, Jr., Kent Conrad, Islander Institute on Domestic Vio- nays 31, as follows: Sherrod Brown, John F. Kerry, Dianne lence, Break the Cycle, Casa de [Rollcall Vote No. 87 Leg.] Feinstein, Mary Landrieu, Barbara Esperanza, Futures Without Violence, YEAS—68 Boxer, Patty Murray, Bernard Sanders, Barbara A. Mikulski, Richard J. Dur- Jewish Women International, Legal Akaka Franken Murkowski bin. Momentum, National Alliance to End Alexander Gillibrand Murray Sexual Violence, National Center for Ayotte Hagan Nelson (NE) Mr. REID. I ask unanimous consent Victims of Crime, National Coalition Baucus Harkin Nelson (FL) that the mandatory quorum under rule Begich Heller Against Domestic Violence, National Portman XXII be waived, and a vote on the mo- Bennet Hoeven Pryor Coalition of Anti-Violence Programs, Bingaman Hutchison Reed tion to invoke cloture on the motion to National Congress of American Indians Blumenthal Inouye Reid proceed to S. 2343 occur at noon on Boxer Johnson (SD) Taskforce on Violence Against Women, Rockefeller Brown (MA) Kerry Tuesday, May 8, 2012. Sanders National Council of Jewish Women, Na- Brown (OH) Klobuchar The PRESIDING OFFICER. Is there Schumer tional Domestic Violence Hotline, Na- Cantwell Kohl Shaheen objection? tional Network to End Domestic Vio- Cardin Landrieu Without objection, it is so ordered. Carper Lautenberg Snowe lence, National Organization of Sisters Casey Leahy Stabenow The Senator from Massachusetts. of Color Ending Sexual Assault, Coats Levin Tester Mr. KERRY. Mr. President, there are SCESA, National Resource Center on Collins Lieberman Udall (CO) a number of us who wish to speak. I Udall (NM) Domestic Violence, National Sexual Conrad Manchin will cede to the Senator from Montana, Coons McCain Vitter Violence Resource Center, Resource Corker McCaskill Warner my senior. So if I could ask unanimous Sharing Project of the Iowa Coalition Crapo Menendez Webb consent that the Senator from Mon- Against Sexual Assault, YWCA USA, Durbin Merkley Whitehouse tana speak, then the Senator from Human Rights Campaign, Human Feinstein Mikulski Wyden Massachusetts, and then—I think the Rights Watch, NAACP, Mayors of Los NAYS—31 Senator from Louisiana had a request Angeles, New York, and Chicago, the Barrasso Grassley Paul for 1 minute. So if we could allow the National Sheriff’s Association, Federal Blunt Hatch Risch Senator from Louisiana to go first, Law Enforcement Officers Association, Boozman Inhofe Roberts Burr Isakson then the Senator from Montana, and FLEOA, National Center for State Rubio Chambliss Johanns Sessions then I would follow, and then Senator Courts, National Association of Attor- Coburn Johnson (WI) Shelby REED would follow me. So I ask unani- neys General, National Association of Cochran Kyl Thune mous consent for that order. Cornyn Lee Toomey Women Judges, Leadership Conference DeMint Lugar The PRESIDING OFFICER. Is there Wicker on Civil and Human Rights, National Enzi McConnell objection? Faith Groups, and so many more for Graham Moran Without objection, it is so ordered. their focus on the victims and their NOT VOTING—1 TAKE OUR DAUGHTERS AND SONS TO WORK DAY unmet needs. Kirk Ms. LANDRIEU. Mr. President, This is an example of what the Sen- today, young women from Louisiana, ate can do when we put aside rhetoric The bill (S. 1925), as amended, was California, and the Washington area and partisanship. I believe that if Sen- passed. ators, Members of the House, Ameri- (The bill will be printed in a future are my special guests for Take Our cans from across the country take an edition of the RECORD.) Daughters and Sons to Work Day. We honest look at the provisions in our bi- Mr. LEAHY. I move to reconsider the were joined by over 100 young women partisan VAWA reauthorization bill, vote. and men here at the Capitol today with they will find them to be commonsense Mr. KERRY. I move to lay that mo- their parents, grandparents, and guard- measures that we all can support. tion on the table. ians to participate in work in the Sen- Sixty-one Senators have already The motion to lay on the table was ate. reached this conclusion. I hope more agreed to. I want to acknowledge the Ms. Foun- will join us and the Senate can prompt- f dation that started the national Take Our Daughters and Sons to Work Day ly pass and Congress can promptly STOP THE STUDENT LOAN INTER- enact the Leahy-Crapo Violence program over 20 years ago. I would like EST RATE HIKE ACT OF 2012—MO- to particularly thank Leader REID and Against Women Reauthorization Act. TION TO PROCEED I thank the bipartisan coalition that Leader MCCONNELL for opening the has come together on this. Most impor- Mr. REID. I now move to proceed to Senate floor today for these children. tantly, the coalition across the polit- Calendar No. 365, S. 2343. I ask unanimous consent that the ical spectrum that is so opposed to vio- The PRESIDING OFFICER. The young women’s names, as well as the lence against women will thank us for clerk will report the bill by title. names of those family members or passing this bill. The legislative clerk read as follows: guardians joining them, be printed in I ask for the yeas and nays. Motion to proceed to S. 2343, a bill to the RECORD. The PRESIDING OFFICER. Is there a amend the Higher Education Act of 1965 to There being no objection, the mate- sufficient second? extend the reduced interest rate for Federal rial was ordered to be printed in the There appears to be a sufficient sec- Direct Stafford Loans, and for other pur- poses. RECORD, as follows: ond. Dominique Cravins, from Opelousas, LA, CLOTURE MOTION The yeas and nays were ordered. accompanied by her parents, Don and Yvette Mr. LEAHY. I yield back all time on Mr. REID. I have a cloture motion at Cravins; Martine Cruz, from Baton Rouge, our side. the desk. LA, accompanied by her mother, Dr. Julie

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.086 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2800 CONGRESSIONAL RECORD — SENATE April 26, 2012 Morial; Amiya Dawson, from Monroe, LA, Mary Tarr has brought to my office my colleagues she has become a fixture accompanied by her mother, Kinya Dawson; over these years—a mix of relation- on , well-known by every- Katya and Anya Fontana, from New Orleans, ships, building relationships, institu- body, perhaps legendary with some. LA, accompanied by their mother, Karen tional memory, and a lot of guile at If you needed a room at the last Fontana; Mariah Jones, from Natchitoches, times. And she gets things done. So minute to host a function, people LA, accompanied by their grandfather, Vic- tor Jones and Deloris Jones; Anna Reilly, since the summer of 1997 when she would call Mary Tarr—from outside of from Baton Rouge, LA, accompanied by her came aboard in my office, Mary has lit- our office, I might add. mother, Jennifer Reilly; Lawren Scott, from erally been my ‘‘Red’’ in my office. If you needed a desk repaired or a Baton Rouge, LA, accompanied by her moth- Over the course of nearly 15 years, no light repaired or air-conditioning work er, Jacqueline Scott; Sarah Sternberg, from matter what I needed, no matter what done, mention Mary’s name and people Los Angeles, CA, accompanied by Morton the office needed, no matter what we would say: Right away. Friedkin; Grace Strottman, from Wash- needed to get done, she managed to Printing? My legislative director told ington, DC, accompanied by her parents, make that happen. I must say I was me a story about how he went to get Kathleen and Matt Strottman; Hailey very lucky, because I didn’t have the some printing done, and the folks at Trahan, from Lafayette, LA, accompanied by ability to show her any tricks; she the Senate Printing Office asked: Did her mother, Angela Trahan, Gladys and Clayton Arceneaux, and Monique Thierry; taught me the tricks. The reason is Mary OK this? and, Caroline and Bailey Watts, from Ham- that she came to me already a master Extra ice cream at the great ice mond, LA, accompanied by their great aunt, of Senate procedure. I was privileged to cream party we have in May at the Grace Eldridge and, their grandmother, be the fifth U.S. Senator for whom she Dirksen buffet? She would just say: Go Maggie Watts. worked—and for 15 years, I might add. in and ask for the ‘‘Mary special,’’ and Ms. LANDRIEU. Please join me in Before me, she split her assignments they made it. welcoming my exceptional guests and down the middle between Democrats Everybody seemed to know Mary, their family members or guardians who and Republicans. She worked for PATTY from the hundreds of former interns have accompanied them to the U.S. MURRAY and Brock Adams, and she she mentored over the years, who are Senate. worked for Republicans, including Jim now working in government or public So, again, I thank my Senate col- Abnor and Charles Percy. She knew service, to Bill Gates, who once con- leagues for giving me this opportunity. this place. She has always loved this veyed a hello from Mary to a former The PRESIDING OFFICER. The Sen- place, and she knew pretty much ev- colleague in PATTY MURRAY’s office. ator from Montana. erybody who worked here. Hundreds of American soldiers, I Mr. BAUCUS. Mr. President, I note She did all of the things one needs to might add, stationed abroad have re- the Senator from Massachusetts has a do to make the trains run on time: ceived care packages from Mary, the very tight schedule and a close kept the records, maintained the office daughter of a wounded Vietnam vet- timeline to catch a flight overseas. I accounts, prepared the budget, kept eran. In my Senate offices, I have a shelf of think it appropriate that I defer to the the payroll, preaudited expenses, or- scrapbooks filled with e-mails, letters, Senator from Massachusetts. He has a dered supplies, made sure we were in and photos from soldiers who have re- very tight schedule, and I can wait a compliance with all the rules, require- ments, and procedures, and followed ceived care packages, Christmas stock- little longer. ings, Easter baskets, and Halloween The PRESIDING OFFICER. The Sen- them as they changed, as we tie our- candy—all of which Mary has organized ator from Massachusetts. selves in various knots with various re- quirements we dump on ourselves. She and shipped year after year. And the TRIBUTE TO MARY C. TARR was my liaison with the Senate Ser- words of those soldiers underscore just Mr. KERRY. Mr. President, I am very geant at Arms Office, the Senate Dis- how important Mary has been to them. grateful to my colleague. I was happy bursing Office, the Senate Service De- Our former intern, Army 2LT Rory to wait, but I am grateful to him. I partment, and the Senate Computer McGovern, wrote: thank the Senator from Montana, my Center—an extraordinary amount of It always helps to have a piece of home friend Senator BAUCUS. work. She performed the endless tasks come in the mail. I am privileged to work with a lot of that all of us here understand are crit- Army Private Jacob Adkins: extraordinary staff members here in ical to enabling our offices to be able I appreciate the fact that someone who I the Senate, as we all are. We often say to work—much more complex than ob- don’t even know supports me enough to send that none of us is any better than our viously the average citizen ever sees. a care package. You make me proud to serve. staff allow us to be. It is rare that I She wrote the emergency evacuation From Marine battalion chaplain have had somebody on my team who manual for my staff after 9/11. She Capt. Pat Opp: predated my time in the U.S. Senate. I trained the staff on emergency proce- Little things go a long way with morale. have been here—oh, this is my 28th dures, and she restructured and ran Send more lemonade—the troops mix it with year now. what I think is one of the best intern cold water as the temperature is super hot Mary Tarr, who I would like to say a programs, if not the best internship over here. few words about, is my office manager, program, in the U.S. Senate, for which Army MAJ James Maloney, upon re- up until today—a veteran staffer of 31 the summer interns at the end of the ceiving clothes, school supplies, and years here in the Senate. She is about summer got to have a terrific intern personal grooming items to share with to retire and looks forward to going pool party at her home. Office man- a children’s and women’s clinic in Af- into the grandmother business over the agers all over the Senate constantly ghanistan, wrote: course of these next years, after three consulted her on how to run an effec- It has done wonders for our interaction decades here. tive intern program, and she was al- with the local population. I think sometimes people miss or are ways ready to help because she under- All of that organized—every time—by unaware of the difference that an office stood how important it was for young Mary Tarr. manager could make in a Senate office. interns to have a positive experience. One of my favorite e-mails in the It is hard to quantify sometimes. But Part of that belief came out of the fact scrapbooks comes not from a soldier without any negative inference to the that she was only 17 when she came to but from a marine’s mother, Kathy Senate itself in drawing this analogy, work full time for the U.S. Senate— Lavin, whose son Ryan had received which is sort of a prison-and-inmates younger, obviously, than some of the one of our care packages. Kathy wrote analogy, a great manager is a little bit interns who come here and work with to tell Mary that she can finally get a like the character Red in the movie us. good night’s sleep because of the mes- ‘‘The Shawshank Redemption.’’ In that When I said she could do the impos- sage she just received from Ryan. Ryan movie, Red is described as the guy who sible, what I was referring to is the fact wrote: can get stuff, not unlike the sergeant that she helped me move my office not It’s almost time to take the candle out of in ‘‘Catch 22.’’ There are these special once but twice, which is an enormous the window, mom. I am coming home. I love people who know how to make things undertaking here in the Senate. and miss you. appear out of nowhere and make every- Mary Tarr has worked for the Senate So how did Mary Tarr come to send a thing work. That is exactly the quality since 1981. In those 31 years, I will tell care package to Ryan? So typical of

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.070 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2801 Mary, she was in Massachusetts at- country. Clearly, Mary is an incredible against women, including domestic tending the funeral of a friend, and lady. abuse, sexual assault, dating violence, while there she went into a shop in Mr. President, my ‘‘Mary’’ is and stalking. Hull to buy gifts for her mother and fa- Maureen. Maureen, too, is someone I was struck recently by the story in ther, Carolyn and Tom Corbe. Mary who started working for me when she the Billings Gazette of Maria Martin. chose a Marine Corps kite for her dad, was very young—17 years old. In 1974, Maria was a victim of partner abuse. In who received a Purple Heart in Viet- 1975—I do not know exactly when—I the year 2005, the man she was dating nam. Ryan’s mother was in the shop was hiring people, and this young girl went into a jealous rage. He held her and asked Mary if she had a marine be- came to my office. I could tell—this hostage in her own home with a knife cause of what she was buying. Mary young girl knows the meaning of work. to her throat. He also threatened to told her she was a Marine Corps brat She is Catholic, Irish Catholic, and this kill her three daughters. Charges were and the kite was for her father. She lady knows the meaning of hard work. filed, and this man is now serving a 61- asked if Kathy had a marine. When I hired her on the spot. She is my of- year prison term. Kathy told her about Ryan, Mary im- fice manager. She is with me even to Maria went on to earn her master’s mediately wrote the information down, this date. She is tough. She is smart. degree in rehabilitation and mental got his address, and then, seeing her She organizes. She is the glue. She is a health counseling. She now helps oth- job through—like every single one she super lady. ers who find themselves in the situa- has ever undertaken—she stayed in We all have our ‘‘Marys.’’ We have tion she was in just a few short years touch with Ryan until he came home. our ‘‘Maureens.’’ And at this moment, I ago. Maria told the reporter that pro- I personally know how important want to praise Mary and Maureen but grams created under the Violence those packages are, and I will tell you, also all those who work so hard for us Against Women Act provided her with one of the things I am proudest of is in so many different capacities. the resources and support to overcome what Mary has done on behalf of her REAUTHORIZATION OF THE VIOLENCE AGAINST her situation. The act helped her to country and certainly those of us who WOMEN ACT find the courage she needed to see that make decisions to send people into Mr. President, renowned poet and au- this painful experience did not have to combat. And I am proud of her. thor Maya Angelou wrote: be lived again—with its counseling, She may be retiring, but she has History with all its unending pain cannot shelter for abused women, and law en- enormous plans ahead of her. She and be outlived, but faced with courage need not forcement counseling for law enforce- her husband Brian are planning to be lived again. ment so they can be more sensitive to move to Roswell, GA, where her daugh- I stand here today to once again lend women who are victims of domestic vi- ter Angela and her husband Daniel live. my strong support—I voted for it, as a olence. Mary jokes that Angela and Daniel majority of our colleagues did—for the The bipartisan reauthorization re- may be the only two Democrats in the Violence Against Women Act. news grant programs critical to Mon- whole town of Roswell, so the arrival of Nearly two decades ago, the Congress tana, including those that support law Mary and Brian will double our party’s underwent an exhaustive investigation enforcement, victim services, and pre- strength there. But Angela is going to on the extent and severity of domestic vention programs. have a baby in October, so there is violence and sexual assault toward The bill consolidates 13 programs, hope even for Roswell yet. Her plan is women in this country. In hearing many of which overlap, into 4. This to babysit her new grandson for a few after hearing, Senators heard from ex- consolidation reduces administrative years, and then eventually she and perts, including prosecutors, victim ad- costs and adds efficiency. Acknowl- Brian are going to retire to Florida, vocates, and physicians, and real-life edging the current fiscal realities, the where her daughters Chrissy and Lind- stories of women who were the victims bill, therefore, reduces authorization say are in college. of these crimes. levels by 17 percent overall. It is more No matter where she goes or how far In response, Congress passed the Vio- effective, and it costs less. from Capitol Hill, she is always going lence Against Women Act in 1994. This The bill also makes critical changes to be a very special part of the family law quite literally changed the culture to address the pervasive domestic vio- here, the extended Senate family. She in our country. It changed how we view lence occurring in Indian Country. has always represented our Senate and address domestic violence and sex- Native Americans represent about 6 well. She is extremely hard working, ual assault. States across our country percent of Montana’s population— honest, bright, conscientious, and began to enact laws to make stalking a about 6 percent. Yet Native women ac- knowledgeable. She has handled her re- crime and strengthened criminal rape counted for over 13 percent of victims sponsibilities with great dedication. I statutes. Congress provided States reporting domestic violence in my think she has viewed every challenge with the resources to train law enforce- State in the year 2008—more than two as an opportunity to prove herself, and ment and coordinate services related to times the percentage. she did that again and again. domestic violence and sexual assault. According to the Department of Jus- So, Mr. President, as she departs my Despite the progress we have made, tice, Native women are 21⁄2 times more staff today, the principles she rep- our work is not done. One in every four likely to be a victim of rape or sexual resented in her work and the standards women will experience domestic vio- assault compared with non-Native she established are going to remain for lence during her lifetime. In my home women. However, it is the Federal a long time as a guide to those in our State of Montana, 98 people died from courts, not the tribal courts, that have office and here in the Senate, and we domestic violence between 2000 and jurisdiction over many of these crimes, say thank you to her for all she has 2010. These are not simply statistics, including misdemeanor cases. With done for our country, the State of Mas- they are our mothers, our sisters, our Federal prosecutors stretched thin, es- sachusetts, and for me personally. I daughters, our friends—they are people pecially in large rural States such as wish her and Brian and her family the close to us. Montana, many cases go very best as they take on a new chap- Since the passage of the Violence uninvestigated and criminals walk free ter in their lives. Against Women Act, reporting of do- to continue their violence with no re- Mr. President, again, I thank my col- mestic violence has increased by 51 per- percussions. league from Montana. cent and the rate of nonfatal intimate Chairman LEAHY’s bill carefully The PRESIDING OFFICER. The Sen- partner violence against women has de- crafts a measure to extend concurrent ator from Montana. creased by 53 percent. criminal tribal jurisdiction to address TRIBUTE TO MAUREEN RICE Congress renewed this critical legis- the issue of domestic violence and Mr. BAUCUS. Mr. President, I com- lation in the year 2000 and again in partner abuse occurring in Indian pliment the Senator from Massachu- 2005. Both measures included improve- Country. These provisions will give setts for taking so much time to praise ments, and both of those passed the tribal courts narrow jurisdiction to a person who clearly deserves praise, Senate unanimously. prosecute domestic violence or dating who has worked so hard for him and for We are here today to reiterate our partner violence occurring on tribal the people of Massachusetts and for her commitment to addressing violence land.

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.087 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2802 CONGRESSIONAL RECORD — SENATE April 26, 2012 The bill, however, provides safe- are not something that can be traded $200,000, anyone, frankly, who is in- guards to those who might be defend- one for the other. volved in a corporation whose principal ants. It provides safeguards to ensure Congress should not raise the inter- activities are not professional services. that the defendant receives all rights est rate on these loans. We have I think this is a responsible way to do guaranteed by the U.S. Constitution. reached that agreement. It is a de facto it. This is a way that can, in fact, re- This includes fourth amendment pro- tax on middle-income families. We spond to the need to responsibly fund tections against unreasonable search have put forward a plan that will avoid this provision for maintaining the stu- and seizure, fifth amendment privilege the doubling of the interest rate on dent loan interest rate. against self-incrimination, and sixth student loans and will pay for it in a The GAO found that in 2003 and 2004 amendment right to effective assist- responsible way. We are offering a tax years, individuals used this loop- ance of counsel—all guaranteed in this short-term solution to a long-term hole to underreport over $23 billion in statute. problem. But we have to begin. We wage income. The median unreported Fifty law professors from across the have to do it quickly. If we do not act amount was $20,127. For most students, country, including the University of before July 1, the interest rate on these that would cover tuition. Let me say Montana, wrote to Chairman LEAHY in loans will double for every loan grant- this again. What the GAO found was support of these provisions and ed thereafter. that using this device as an S-corp, Congress’s constitutional authority to Our proposal is to close a loophole people were able to transform what extend tribal jurisdiction. These provi- that the General Accounting Service normally would be $20,000 in payroll sions will begin to address the violence has identified as glaring and, frankly, wages or salaries that would be subject against Native women that ‘‘has not substantiated by any need. This to payroll taxes into a distribution of reached epidemic proportions.’’ loophole involves Subchapter S cor- an S-corp, avoiding payroll taxes. Maya Angelou is right that we can- porations or S-corps. Immediately, This is a loophole. There is no other not erase the past and what happened when we say S-corps, we think it must word for it. We are closing it, and we to Maria and others like her. But be the local manufacturer or the hard- are closing it in a way that is respon- Maria’s courage is proof that we can ware store and how can we go ahead sible and that will have virtually no change these circumstances for oth- and impose any further taxes, any fur- impact on the businesses on Main ers—to see that no one has to live ther costs on these job creators. Street USA. In fact, I think if we tried through this experience. This is not the situation. What is to explain to anyone running the local Maria said—and I will quote her: happening is that a very clever and store that there are some folks out I am alive today because I am a strong, in- bright group of people have figured out there who were using S-corps to avoid telligent woman. I need to stand up, step a way to use the S-corp to avoid pay- their payroll taxes, they would be, if out, and be in front of this issue for others roll taxes. It is a small subset of cor- not shocked, they would, at least, raise who can’t or are not able to—yet. porations that are doing this, and our objections to that practice, frankly. I urge my colleagues to support me proposal is targeted. It is targeted only So closing this loophole will fully off- in making sure that this act follows to those S-corps that derive 75 percent set the $5.9 billion cost of this 1-year through in negotiations with the House or more of their gross revenue from the extension on the interest rate and and that we get this reauthorization services of three or fewer shareholders would make the Tax Code more fair. It passed that is so important to so many or where the S-corp is a partner in a is a win-win proposition. In fact, ac- people in our country. professional service business. cording to Citizens for Tax Justice, in I yield the floor. Essentially, this is a small group of their words, closing this loophole will The PRESIDING OFFICER. The Sen- people who derive 75 percent or more of actually help most small businesses, ator from Rhode Island. their gross revenues from providing which are currently subsidizing the mi- Mr. REED. Mr. President, after professional services. It is lawyers, ac- nority who abuse it to avoid payroll months of working to ensure that the countants, lobbyists, and folks such as taxes. So I think this is not only the subsidized student loan interest rate that. The proposal only applies to S- right thing to do in terms of the policy does not double this summer, I think corps or partnerships in the field, of not doubling the interest rate on we finally have reached a consensus— where virtually all the earnings are at- student loans, this is an appropriate middle-income families in America tributable to the performance of serv- way to do it, an appropriate way to pay cannot afford a huge increase, a dou- ices. This is not the local manufac- for it. bling in the interest rate on student turer, not the local hardware store, not Even Governor Romney recognizes loans. the local dry cleaner or gas station. that at times S-corps have to pay their Those who were previously opposed These are people who perform essen- fair share. This is a quote from the or indifferent to our proposal now are tially professional services. Boston Herald of January 6, 2008. in favor of stopping the doubling of the They are avoiding their payroll ‘‘When Mitt Romney became Governor in rate. The most prominent, of course, is taxes, and we do not think that should 2003, Subchapter S corporations that were the former Governor of Massachusetts, owned by Massachusetts business trusts were be the case. Furthermore, this proposal taxed at 5.3 percent. By the time Romney Mitt Romney, who said: ‘‘I fully sup- exempts S-corp shareholders, partners, left office, the tax rate on these corporations port the effort to extend the low inter- and partnerships with modified ad- had climbed to 9.8 percent, with Romney de- est rate on student loans.’’ I think that justed gross incomes below $250,000 for claring the tax increase to be merely ‘closing is the consensus. It was hard fought. I joint filers and $200,000 for individuals. loopholes.’ ’’ submitted the legislation to keep the So it is targeted within this small sub- We are urging that the Governor be rate at 3.4 percent originally in Janu- group of S-corps to an even smaller consistent both in support for avoiding ary. Now we have reached that con- group, those who are making $250,000 the increase in the student interest sensus. and above as joint filers or $200,000 and rate and closing loopholes in Sub- But the debate has now shifted to above as sole filers. chapter S corporations. Both parties how do we pay for it. What I have pro- This proposal prevents professional must work to find a way to do this. The posed, and am joined by many col- service income from being mis-char- good news is there is now consensus leagues, is to close a loophole that has acterized to avoid employment taxes. that it must be done. I am prepared, allowed a self-selected few to avoid However, legitimate passive income—if and I hope my colleagues are prepared paying their fair share of payroll taxes. the S-corp is earning income from to work for a way to pay for it which The alternative proposed on the rents, from dividends, from interest, is fair, which does not take from one other side goes to critical health care and certain other gains, those will be middle-class program to offset another benefits for lower and middle-income essentially treated as such and will middle-class program. We should work families. It seems to me entirely unfair continue to be exempt from payroll together to get this done as soon as we to try to provide help to middle-income taxes. return. families by taking away their access to All we have done is close a glaring I yield the floor. health care. For families who are loophole, done it in a way in which we The PRESIDING OFFICER. The Sen- struggling, education and health care do not impact anyone making under ator from Missouri.

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.088 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2803 TRIBUTE TO ANGELA ELSBURY But one of the things I love most is man, my friend from Montana, to make Mrs. MCCASKILL. Mr. President, I being surrounded by patriotic, intellec- this provision permanent. But when it have obviously been very fortunate to tual Americans who want to do the comes to tax extenders, we need to have the opportunity to give remarks right thing and do not care that they have a real debate, one where the Sen- from my desk on the floor of the Sen- have to still live like they are in col- ate decides which provisions must be ate several times since the people of lege, who do not care that the idea of extended and which should be allowed Missouri sent me in 2006. I do not think buying a car is a fantasy because it is to expire. I have ever had a speech that I was just too expensive, who do not care Second, we need to address the Alter- going to give that was easier and hard- that they have to have an hour com- native Minimum Tax, or AMT. er than this speech—easy in that I am mute in order to get housing they can The AMT was initially drafted to talking about someone I love; hard be- afford. They want to be a part of it. provide some type of guarantee that cause this person I love is going on to I am surrounded by a team like that, higher-income taxpayers, who owed lit- a different place and a brighter future but in the driver’s seat, kind of making tle or no taxes under the regular in- and I am going to miss her terribly. the car go where it needs to go, and come tax due to tax preferences, would This person’s name is Angela making sure it does not get broken still pay some taxes. Yet over time, Elsbury, and she has a job that people down on the side of the road has been this tax has grown into a monster po- outside Congress do not fully appre- Angela. I am not sure exactly how this tentially ensnaring more and more ciate. She is called the scheduler. But car is going to navigate without her. I middle income families every year. for anybody who does this work, they have a feeling we are going to have a To avoid the consequences of the appreciate that somehow that title just few bumps. There may be an out and AMT on the middle class, year after does not do it justice. I do not know out collision. There may be some year Congress has patched the AMT. what the right title would be. I can scrapes and some wailing and some hol- We have indexed the AMT for inflation think of several: In charge of my life, lering about people who are upset or it so that middle income families do not hand holder, the nicest person who has does not work. get caught up paying this tax. Not only to say no, multitasker, mother to the I do know this, that we always say must we patch the AMT for 2012, we entire office, disciplinarian, jokester. somebody’s shoes are hard to fill. must eliminate the AMT in the long There are so many things a good These shoes will be very hard to fill. term. Third, we must focus on death tax re- scheduler does that make our lives I yield the floor. work. Angela came to this work having The PRESIDING OFFICER. The Sen- form. Taxing people’s assets upon their worked for the Governor in Missouri in ator from Utah. death is just plain wrong. The death a similar capacity. She actually joined Mr. HATCH. Mr. President, I ask tax affects thousands of small busi- my campaign and was one of the first unanimous consent that I be permitted nesses owners every year. This year to give this speech in full. ones through the door. She came from alone, it is estimated that 3,600 estates a place that, frankly, had not had a lot The PRESIDING OFFICER. Without objection, it is so ordered. will be affected. In 10 years, approxi- of people who were elbow to elbow with mately 83,200 estates will be hit with TAXES Governors and Senators. She came this tax according to the Joint Com- from a small town called Madison, MO. Mr. President, I rise today to discuss mittee on Taxation. I think there are maybe just north of the impending tax hike which, if al- The President likes to talk about 500 people who live in Madison. lowed to occur, will raise taxes on how his policies will help small busi- So not only did she begin the cam- practically all Americans come Jan 1, nesses. Well, if current law expires, the paign and do a lot at the beginning of 2013. That is only eight months from number of small business owners who the campaign keeping us organized and now. Earlier in February, The Wash- will face the death tax will rise by 900 allowing the schedule to work, she ington Post called the approximately percent. The number of farmers who came to Washington and has done re- $500 billion tax hike Taxmageddon, and will face the death tax will rise by 2,200 markable work. Her work is so remark- Federal Reserve Chairman Ben percent. That’s right—two thousand able that everybody kind of thought it Bernanke described it as a massive fis- two hundred percent. was easy. That is the mark of a very cal cliff when testifying before Con- Many individuals work their entire good scheduler because it is the hard- gress. lives to build a business, and they rea- est job—the hardest job—in the office. This tax hike will affect virtually sonably want to pass that business Not only does she have to put up with every single federal income tax payer. along to their families. Instead of the frustration of me when the hours We must not allow this to happen. being rewarded for their work, and the are long and the meetings are back to America is slowly recovering from one work of their families, this is what back and there is not time to get a of the greatest recessions in modern they face come January 1, 2013. Uncle breath, she has to put up with everyone history. We remain in a precarious eco- Sam will take over 50 percent of their in Missouri who cannot understand nomic situation, with a fragile recov- assets—55 percent to be exact. why I cannot be in five places at one ery. It is beyond irresponsible for The survivors of the deceased will be time and why it is not possible for me President Obama to sit idly by and forced to sell land or assets of the busi- to vote one hour and be in Rolla, MO, allow this scheduled $500 billion tax ness to meet this liability. Let me be the next hour. She does all that with hike to occur. clear. Nobody should be forced to sell a incredible grace and intellect and a Congress needs to act now in order to single asset in order to meet this arbi- smile on her face. She is just a very prevent this tax hike on America. trary tax due date. Company assets special person. First we need to focus on tax extend- should not have to be sold to pay taxes. The thing about these jobs is there ers. The market should determine when are days I get worried about our de- Tax Extenders are temporary tax things are bought and sold. That is the mocracy, and then I look at the re- provisions affecting everything from best measurement—when a willing sumes of the young people, whether it individuals and businesses to chari- Buyer meets a willing Seller and they is the great pages who serve us morn- table giving, energy, and even disaster agree on a price and a time when a ing, noon, and night in the Chamber or relief. My colleague from Montana, company should be sold. whether it is the amazing people whom Senator BAUCUS, and I held a hearing Currently, the law states that there I work with in my office. These are in late January to discuss these tax is an exemption equivalent of $5 mil- people who could go other places in the provisions and the fact that Congress lion and a tax rate of 35 percent on the private sector and make a lot of year after year continues to extend remaining estate. In 2013 the exemp- money. They choose to come here. these provisions without a thorough re- tion equivalent will drop to $1 million They are drawn here. They are drawn view of each provision. and the top tax rate will be the full 55 to their government. They are drawn Some of these provisions are worthy percent. to public service. of being extended, such as the Research That’s a 57 percent increase. So, as a result, I mean, what do I love and Development tax credit. I have in- The truth is that we ought to repeal about my job? Let me count the ways. troduced legislation with the Chair- the death tax in its entirety. The whole

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.090 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2804 CONGRESSIONAL RECORD — SENATE April 26, 2012 thing must go. And I am working hard that Democrats want to raise your 2010 midterm elections, it might now to make that a reality. Unfortunately, taxes and Republican’s don’t. be rejected by the Supreme Court as with the current composition of the But we say it because it is true. one of the biggest unconstitutional Senate, that is going to be an uphill At liberal think tanks, their employ- boondoggles in our nation’s history. climb. Yet at a minimum we must ex- ees go to work every morning and What else does he have? tend the current provisions and keep a think about how they can raise taxes. Absolutely nothing. tax hike from occurring on these job My friends on the other side of the His fawning admirers might not creators. aisle, knowing that their constituents know it yet, but Mitt Romney is in the Fourth and most importantly, we already feel overtaxed, spend countless catbird seat. must extend the tax relief signed into hours devising ways to raise taxes in a President Obama long ago lost inde- law by President Bush and extended by way that only hits politically unpopu- pendents. So he is appealing to all he President Obama. lar groups. has left, core left wing supporters, one This may be the most crucial piece of And the President is devoting his en- step from an Occupy Wall Street en- legislation Congress passes this year, if tire reelection campaign toward tax campment, who love class warfare. not during the entire 112th Congress. If hiking in the interest of fairness. Before the Buffett rule, Democrats we allow these cuts to expire as sched- Here in the Senate, we have already proposed six different pieces of legisla- uled at the end of the year, almost voted twice on my colleague from New tion that in one form or another raise every federal income tax payer in Jersey’s proposal to raise taxes on oil taxes on millionaires. America will see an increase in their and gas companies. Here they are. rates. Some will see a rate increase of First we had hearings in the Senate And every one of these bills was fo- 9 percent, while others will see a rate Finance Committee last year. As I said cused on raising taxes to pay for more increase of 87 percent. then, that was nothing more than a dog government spending. Let’s take the average American and pony show. Then leadership Let’s not pretend that all of these family of four earning $50,000. This brought the bill directly to the floor redistributionist tax plans comprise se- family will owe an additional tax of skipping the process of a markup. rious policy. $2,183. Last week we voted for the silly And let’s not forget that every Democrats insist that that is fair. Buffett Tax. minute Democrats spend goofing That is just more people paying more This is not serious tax policy. The around with these plans, is a minute of their fair share. Buffett Tax is a statutory talking that we do not spend preventing the But to whom? And for what? point. And not a very good one at that. largest tax increase in American his- What this means in reality is that in- First, the President said it was about tory. stead of taxpayers using their $2,183 to deficit reduction. Mr. President, Senate Democrats are pay for their children’s education, save When we pointed out to him that it fiddling while Rome burns. They have for retirement, buy a new home, or in- raised only $47 billion in revenue over failed to address the deficit. Spending vest in a new business, they will be 10-years, a drop in the bucket given the surged 24 percent under President forking that $2,183 over to the federal President’s trillions in deficit spend- Obama when he took office. All of the government. And after winding its way ing, the White House shifted gears. tax hikes he and his allies have pro- through the federal bureaucracy, some Now it was about fairness. posed do little, if anything, to pay pittance of that $2,183 will be spent on But when we pointed out that his down his deficits and debt. a federal program that too often has redistributionist scheme, if redirected It is time for the Senate leadership zero demonstrated success. to a lower tax bracket, would only to get serious and to focus on making Let’s not sugarcoat this. the lives of middle class families easi- In the supposed interest of fairness, yield an $11 per family tax rebate, he criticized Republicans for demonizing er, not more difficult. The policies families will have an additional $2,183 from the other side do nothing of the taken from their wallets in order to him as a class warrior. The President needs to come clean sort. If anything they make them more serve bigger government. difficult. That is the impact on families and about what the Buffett tax really is. Taxmageddon is coming. The only businesses of President Obama’s It is nothing less than a second and good news is that Congress can prevent redistributionist agenda. even more damaging AMT, one that it and extend tax relief for the middle Looking at this problem more broad- would force many small business own- class. ly, economists estimate that if these ers and job creators to pay a minimum That is where my focus will be for current policies are allowed to expire, of 30 percent of their income in tax. the next 8 months, and I hope that my the economy could contract by ap- As the Wall Street Journal said on colleagues will join me in securing the proximately 3 percentage points. That April 10, ‘‘The U.S. already has a benefits of tax relief for all Americans. would be a large hit to an economy Buffett rule. The Alternative Minimum Mr. President, I yield the floor. that is still weak and recovering from Tax that first became law in 1969 . . . The surest prediction in politics is that The PRESIDING OFFICER. The Sen- the fiscal crisis of 2008. Adding another ator from Delaware. fiscal crisis by not extending these tax any tax that starts by hitting the rich THE ECONOMY policies definitely won’t help and will ends up hitting the middle class be- likely do further damage. cause that is where the real money is.’’ Mr. CARPER. Mr. President, I came Preventing this tax hike is what we And what is really rich about the to the floor today to talk about the ac- must focus on. Congress should have a Buffett rule, is that Mr. Buffett would tions we took here this week in the laser focus on preventing this looming be able to avoid his own Buffett tax. Senate to make sure the postal service disaster. So what is the President doing? Why, has a good chance to return to sol- Yet at a time when we should be with Taxmageddon around the corner, vency and be relevant in the 21st cen- working to prevent a massive tax in- are President Obama and his liberal al- tury and continue to provide a valuable crease, President Obama and his Demo- lies dithering with these harmful tax role in providing 7 to 8 million jobs in crat allies are spinning their wheels increases? the United States of America. But I trying to raise taxes on politically un- The answer is politics. think I will put that on hold for a mo- popular groups. President Obama has read the polls. ment and recall the words of a former These tax hikes are already sched- He knows he’s in trouble. His approval President, Harry Truman, who left of- uled to go into effect. Congress doesn’t rating is declining and he does not fice not very popular, but in retrospect have to do anything and everyone will have a single positive accomplishment is regarded as one of the best Presi- pay more in taxes come 2013. to run on for a second term. dents of the last century. Harry Tru- That’s not a good sign given that The $800 billion stimulus? A failed man used to say, the only thing new in some people have called this a do-noth- policy that hasn’t kept the employ- the world is the history we forgot or ing Senate. ment rate under 8 percent. never learned. I am sure that some people are tired Obamacare? Rejected soundly by the I want to go back to a few years in of the mantra among conservatives American people as evidenced by the our history and reflect on the words of

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.073 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2805 the preceding speaker and ask, what I think that is a smart plan. Other Our legislation focuses on that, can we learn from history? Well, one of people have come forward with their rightsizing the enterprise given the re- the things we can learn from is the last plans since, but I think that is the duction in mail, the diversion of mail time we actually had a balanced budget smartest deficit reduction plan, and I to the electronic media because of in this country, and we had three of think it is a good jobs bill. I hope by Facebook, Twitter, the Internet, or all them in the last 3 years of the Clinton the end of the year, when the smoke of the above. We communicate dif- administration. He became President clears and the elections are over, we ferently than we used to. We have to in the middle of a recession and left will come back to that and use that as help them rightsize their enterprise our country with the strongest econ- maybe our north star to get us back to and modernize and find new ways to omy of any Nation on Earth, with the fiscal responsibility in this Nation. generate revenues. That is the heart most productive workforce, the most That is not why I came here tonight, and soul of what we want to do. revered Nation on Earth. He turned the but I thought maybe it was appro- How do we do that? As it turns out, reins over to a new President, George priate, on the heels of my friend and by luck, the postal service over the W. Bush, and gave to him balanced colleague, to set the record straight a years has overpaid its obligation to the budgets and a strong economy. Eight little bit. Federal Employees Retirement System years later, we had accumulated more POSTAL SERVICE REFORM by a lot, it turns out by about $11 bil- debt in those 8 years—from 2001 to Ironically, yesterday 62 Senators lion. There is no argument; they have 2009—I think than we had in the pre- voted for postal reform legislation. I overpaid the money. The postal service vious 208 years combined. appreciate the support of the Presiding is owed that money by the Federal Em- President Bush then turned over to Officer and other colleagues, Democrat ployees Retirement System. The postal President-elect Obama a $1 trillion def- and Republican. But that legislation service wishes to take that money and icit and an economy that was in free was almost immediately attacked by use that money in two ways: one, to fall, with the worst recession since the some of our Republican friends over in incentivize about 100,000 postal employ- Great Depression. That is where Presi- the House of Representatives. Our Pre- ees who are eligible to retire, to retire; dent Obama and Vice President siding Officer knows I am not a real not fire them, not lay them off, but IDEN—a former colleague and Senator B partisan guy; never have been, not say, look, if you will retire, here is an- from Delaware—started off in January while I was Governor or in the many other $25,000 or if you are close to re- of 2009. Keep in mind, the last 6 months roles I have been privileged to play in tirement, here is some credit, but we of 2008, this country lost 21⁄2 million Delaware. But our bill was attacked al- want you to retire. jobs. The first 6 months of 2009, this most immediately by our Republican Second, the postal service has more country lost 21⁄2 million jobs. That is friends over in the House because it mail processing centers than they sort of like where they took the hand- doesn’t do this or doesn’t do that or need. A couple of years ago they had off. maybe 600 or so. Today they have a few I am not trying, and have never at- whatever the sin might be. Ironically, we asked, where is your less than 500. They want to get down to tempted, to characterize the comments bill? How about let’s compare our bill about 325 over the next year or two. made by my colleague a few minutes to your bill. They haven’t passed a bill. That would be almost cutting in half ago, but I think a little history is not the number of mail processing centers a bad thing. Interestingly enough, the Yet they feel at liberty to take all kinds of shots—and I don’t think they around the country. They do not need balanced budget agreement was nego- them, given the volume of mail today. tiated by President Clinton’s Chief of are entirely fair shots—at our bill. I had a conversation this afternoon with They need mail processing centers, but Staff Erskine Bowles. That is a name not as many as they have. the chair of the relevant committee in we have heard a lot of in the past year When the postal service closes an- the House and urged him to make sure and a half, because he was asked by other 150 or so mail processing centers, this President to do a similar kind of they actually move a bill and not just some people will not be able to work at thing, to try to negotiate a deficit re- criticize what we have done. those mail processing centers, but the There are provisions in our bill I am duction deal, along with a former Re- postal service is saying, we will find frankly not happy with, and I am sure publican Senator from Wyoming, Alan you other jobs. You can be a letter car- there will be provisions in whatever Simpson. The two were asked to head rier or work in another part of the bill the House passes he won’t be com- up a commission, with 16 other very postal service. You will not get fired. fortable with. But at the end of the smart people. And 11 out of the 18, But we want to encourage those eligi- day, they have to move a bill. They after working at this for a year, came ble to retire to retire. back and said, here is what we think have to say this is what we are for, be- The Service also wants to take most you should do to take a good $4 trillion cause we have said this is what we of that Federal Employees Retirement or $5 trillion out of the deficit over the want to have as our negotiating point System money to pay down their debt next 10 years. in conference going forward. So we to the Treasury. Right now, they have The deficit commission, headed by need the House to do the same thing, gone on a $15 billion line of credit. The Erskine Bowles and Alan Simpson, sooner rather than later. I am encour- postal service wants to take most of simply recommended we do that by aged to hear the House is going to take their Federal Employees Retirement working on the spending side and on something up by the middle of May. If System reimbursement and pay off the revenue side. For every $3 of deficit they can do it before that, God bless that debt. reduction on the spending side, they them. Another thing they wish to do, that a said there would be $1 of new reve- I want to take 5, 6, or 7 minutes to lot of folks around here are real con- nues—not by raising taxes but actually talk a little about what we are trying cerned about, is to close some post of- by lowering somewhat the personal in- to do with respect to postal reform. We fices. There is the fear that maybe as come tax rate, the corporate income are trying to rightsize the enterprise, many as 3,000 or 4,000 post offices. In tax rate, and broadening the base of much as the auto industry rightsized rural places around the country, maybe the income which can be taxed. itself 3 or 4 years ago coming out of the post office is the center of the That was seen by a lot of people as bankruptcy. We are trying to mod- town. Folks are concerned their post being a grand compromise. Democrats ernize the postal industry and we are office will be closed and people will be agreed to compromise on entitlement also trying to help the postal service— left without postal service. As it turns program reform in an effort to make encourage the postal service—to find out, that will not be the case. sure we have Social Security, Medi- new ways to use their existing business What the postal service is going to do care, and Medicaid 50, 60, 70, or 100 model—where in every community in under our bill is to say to communities years from now; and Republicans America there are 33,000 post offices across the country, we want to offer agreed to compromise on tax reform going to every front door and mailbox you a menu of options. We want to that actually lowers the rate but al- in America 5 or 6 days a week—to offer you a menu of options for dif- lows us to generate new revenue—$1 of make more money and raise their reve- ferent communities, and among that new revenue for every $3 of spending nues, some of the ways they can do menu of options we want to offer to reductions to achieve deficit reduction. that. those communities are these:

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.094 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2806 CONGRESSIONAL RECORD — SENATE April 26, 2012 No. 1, we are not going to close your Medicare will be her primary source of Literature expands our horizons. It post office. We will keep your post of- health care and the company will pro- increases our understanding. As Presi- fice open, but in a place where we are vide a wraparound for Medigap. What dent Kennedy said, ‘‘Art establishes paying the people $50,000, $60,000, $70,000 the post office wishes to do is have a the basic human truths which must a year to run a post office that sells similar type of opportunity. In the end, serve as the touchstone of our judg- $15,000 worth of stamps, that doesn’t I think the retirees will benefit, the ment.’’ make sense. So if the postmaster is eli- postal service will benefit, and the tax- For 40 years, Rudolfo Anaya’s work gible to retire, we want to incentivize payers, I think, arguably would ben- has explored the human condition. The that postmaster to retire. Let him go efit. Those are a couple of things that University of New Mexico organized a off and get his pension, get his benefits, are in our legislation. reading marathon to commemorate the and he could still come back to work Did we pass a perfect bill? By no publication of ‘‘Bless Me, Ultima,’’ and on a part-time basis, maybe 2 or 4 or 6 means. By no means. As I said earlier, I was pleased to take part. hours a day, and run the post office in there are some things in the bill I don’t Rudolfo Anaya was born in 1937 in that community. If that is what the like. And I hope we can make the bill the small New Mexico village of community wants, that is what they better in conference. In order to get to Pastura. He grew up in Santa Rosa and would get. conference with the House, the House in Albuquerque. When he was only 16, Some communities might prefer to has to pass a bill. It is not enough for he suffered a terrible accident. His in- put the post office in the supermarket the House to criticize what we have juries required years of rehabilitation. or the local drugstore or a convenience done. We say, what have you done? As He has commented on that painful store, where it is open not just a few it turns out, so far, not much—at least time in his young life and how those hours a day but open 24/7, maybe. That in terms of passing a bill and being events affected his sensibilities as a would be an option for the community. able to appoint conferees and see what writer. Some communities may have a town- we can work out here. My hope is they He obtained his B.A. and M.A. from hall and some other State and local will do that. the University of New Mexico. ‘‘Bless businesses that could collocate those My hope is they will do that sooner me, Ultima,’’ in 1972, was his debut with the post office and put them all rather than later, so we can stop say- novel. It was the beginning of a re- under one roof and everybody would ing, well, the postal service lost $45 markable literary career. He is also the save some money. So they could share million today. They did that yesterday author of ‘‘Tortuga,’’ ‘‘Zia Summer,’’ some space. and they are going to do it tomorrow. and ‘‘Albuquerque,’’ among many other Another option for some places, That is not sustainable. That is not works. He was a professor of English at maybe Minnesota—we have rural letter sustainable. They need to be put in a the University of New Mexico from 1974 carriers in the southern part of Dela- position where they can be successful. until his retirement in 1993. Professor ware—we could offer people the oppor- We can help them get there. And to the Anaya was awarded the National Medal tunity for rural mail delivery. They extent the postal service becomes vi- of Arts in 2001. He received the award wouldn’t have to come in to town to brant and solvent, they can support the for his ‘‘exceptional contribution to collect their mail in a post office. It 7 or 8 million jobs that are tied to and contemporary American literature would be delivered to wherever they interconnected with the postal service. that has brought national recognition live. The idea is to say to folks in com- With that, Mr. President, I bid you to Chicano traditions, and for his ef- munities that might be adversely af- adieu, and I suggest the absence of a forts to promote Hispanic writers.’’ fected, you pick from among this menu quorum. Rudolfo Anaya has been a prolific of options, figure out what works for The PRESIDING OFFICER. The writer and a dedicated teacher. He has you. Even vote by mail and pick their clerk will call the roll. made a lasting contribution to Amer- favorite choice. The legislative clerk proceeded to ican arts and letters. I am pleased to So rightsizing the enterprise, reduc- call the roll. congratulate him on the 40th anniver- ing the head count, reducing the num- The PRESIDING OFFICER (Mr. sary of ‘‘Bless Me, Ultima,’’ and I wish ber of mail processing centers further BEGICH). The Senator from New Mex- him the very best in his future endeav- by another third, and, finally, ways to ico. ors. provide more cost-effective mail serv- Mr. UDALL of New Mexico. I ask I note the absence of a quorum. ice in communities across the country, unanimous consent that the order for The PRESIDING OFFICER. The though not the heart and soul of what the quorum call be rescinded. clerk will call the roll. we are trying to do, they are very im- The PRESIDING OFFICER. Without The assistant legislative clerk pro- portant. objection, it is so ordered. ceeded to call the roll. Let me mention one or two others, if TRIBUTE TO RUDOLFO ANAYA The PRESIDING OFFICER. The Sen- I could. The postal service pays twice Mr. UDALL of New Mexico. Mr. ator from Colorado. for health care for their retirees. I will President, it is good to see the Pre- Mr. BENNET. Mr. President, I ask say that again. The postal service pays siding Officer in the chair today and to unanimous consent that the order for twice for the health care of their retir- know that Alaska is well represented the quorum call be rescinded. ees. They pay under Medicare and they having the Senator from Alaska in the The PRESIDING OFFICER. Without pay under the Federal Employees chair and presiding over the Senate. I objection, it is so ordered. Health Benefit Plan. Twice. The em- very much appreciate that. VIOLENCE AGAINST WOMEN ACT ployees don’t get the full benefit of I come to the floor to commend one Mr. BENNET. Mr. President, I rise to that money, the postal service cer- of New Mexico’s most celebrated au- talk about the importance of the pas- tainly doesn’t get the full benefit of thors, Rudolfo Anaya. This year marks sage of the Violence Against Women that money. Most companies in this the 40th anniversary of Professor Act. As a husband and as a father of country—big companies and small Anaya’s acclaimed novel ‘‘Bless Me, three young daughters, this issue is es- ones—when their employees retire, a Ultima.’’ pecially personal to me. This piece of lot of times will continue to provide This beloved book is an iconic part of legislation provides extremely valuable health care benefits for them until the Chicano literary history. It has been Federal resources to help victims of do- age of 65. Then at age 65, the company read by thousands of high school and mestic and sexual violence rebuild will say to the retiree, we want you to college students, as well as the general their lives. Whether it comes in the get your primary Medicare, your pri- public. It tells the story of a young boy form of an emergency shelter, legal as- mary source of health care, and we will growing up in a small New Mexico sistance, a crisis hotline or advocacy, provide a wraparound, your Medigap town during World War II. ‘‘Bless Me, this bill provides the assistance that program, to fill in the gaps for you. Ultima’’ is a classic portrait of Chicano victims need, especially in the most That is how a lot of companies do it. culture in a particular time and place, vulnerable time. My wife retired from DuPont. When but it also resonates with universal Domestic violence, spousal abuse, she turns 65—in about another 30 years, themes: the search for identity, the and sexual assaults represent enormous well, maybe a little sooner than that— conflict between good and evil. public policy challenges. Because of

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.095 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2807 the very personal nature of these EXECUTIVE SESSION Susan A. Maxman, of Pennsylvania, to be a crimes, it can be extremely difficult for Member of the Board of Directors of the Na- victims to come forward to get the help tional Institute of Building Sciences for a they need, let alone call out those who EXECUTIVE CALENDAR term expiring September 7, 2012. Susan A. Maxman, of Pennsylvania, to be a have committed these heinous crimes. Mr. REID. Mr. President, I ask unan- Member of the Board of Directors of the Na- But since this bill was first enacted, imous consent that the Senate proceed tional Institute of Building Sciences for a the annual incidence of domestic vio- to executive session to consider the fol- term expiring September 7, 2015. lence continues to drop. Additionally, lowing nominations: Calendar Nos. 263, POSTAL REGULATORY COMMISSION domestic violence reporting has dra- 502, 566, 567, 572, 624, 653, 654, 656, 657, Tony Hammond, of Missouri, to be a Com- matically increased and victims are re- 658, 659, 666, 667, 668, 669, 670, 671, 672, missioner of the Postal Regulatory Commis- ceiving lifesaving assistance to help 673, 683, 684, 685, 686, 687, 688, 689, 690, sion for the remainder of the term expiring them move forward with their lives. 691, 692, 693, 694, 695, 696, 697, 698, 699, October 14, 2012. In my home State of Colorado, we 700, 701, 702, 703, 704, 705, and all nomi- MERIT SYSTEMS PROTECTION BOARD continue to make great progress reduc- nations placed on the Secretary’s desk Mark A. Robbins, of California, to be a ing the number of domestic and sexual in the Air Force, Army, Marine Corps, Member of the Merit Systems Protection assaults that occur, but we must con- and Navy; that the nominations be Board for the term of seven years expiring tinue to do more. confirmed en bloc, the motions to re- March 1, 2018. In 2010, the National Center for In- consider be considered made and laid NATIONAL BOARD FOR EDUCATION SCIENCES jury Prevention and Control published upon the table, with no intervening ac- Adam Gamoran, of Wisconsin, to be a a report which estimated that 451,000 tion or debate; that no further motions Member of the Board of Directors of the Na- women in Colorado were victims of be in order to any of the nominations; tional Board for Education Sciences for a rape in their lifetime. It also estimated that any related statements be printed term expiring November 28, 2015. Judith D. Singer, of Massachusetts, to be a in the RECORD; that the President be that 897,000 Colorado women were vic- Member of the Board of Directors of the Na- tims of sexual violence other than rape immediately notified of the Senate’s tional Board for Education Sciences for a in their lifetime. That same report said action, and the Senate then resume term expiring November 28, 2014. 505,000 men had been victims of sexual legislative session. Hirokazu Yoshikawa, of Massachusetts, to violence in their lifetime. These statis- The PRESIDING OFFICER. Without be a Member of the Board of Directors of the tics are staggering in my view, and objection, it is so ordered. National Board for Education Sciences for a they make the case for why we had to The nominations considered and con- term expiring November 28, 2015. pass this bill and continue to strength- firmed en bloc are as follows: David James Chard, of Texas, to be a Mem- ber of the Board of Directors of the National CORPORATION FOR NATIONAL AND COMMUNITY en the programs that provide lifesaving Board for Education Sciences for a term ex- SERVICE services. piring November 28, 2015. Jane D. Hartley, of New York, to be a The Violence Against Women Act NATIONAL SCIENCE FOUNDATION also includes invaluable programs to Member of the Board of Directors of the Cor- poration for National and Community Serv- Bonnie L. Bassler, of New Jersey, to be a coordinate community efforts to re- ice for a term expiring October 6, 2014. Member of the National Science Board, Na- spond to incidents of domestic and sex- DEPARTMENT OF STATE tional Science Foundation for a term expir- ual violence by training police officers, ing May 10, 2016. judges, and other members of the Adam E. Namm, of New York, a Career Member of the Senior Foreign Service, Class DEPARTMENT OF EDUCATION criminal justice system. The legal sys- of Minister-Counselor, to be Ambassador Ex- Deborah S. Delisle, of South Carolina, to tem in our country is already stretched traordinary and Plenipotentiary of the be Assistant Secretary for Elementary and so thin. The resources provided by this United States of America to the Republic of Secondary Education, Department of Edu- bill will help law enforcement and Ecuador. cation. court officials track down and bring to DEPARTMENT OF AGRICULTURE IN THE AIR FORCE justice those who commit these crimes. Michael T. Scuse, of Delaware, to be Under The following Air National Guard of the In my opinion, we can’t do enough to Secretary of Agriculture for Farm and For- United States officer for appointment in the get these criminals off the streets. For eign Agricultural Services. Reserve of the Air Force to the grade indi- instance, we need to ensure that we Michael T. Scuse, of Delaware, to be a cated under title 10, U.S.C., sections 12203 support protection and prevention Member of the Board of Directors of the and 12212: Commodity Credit Corporation. services such as training judges and po- To be brigadier general DEPARTMENT OF DEFENSE lice officers on how to identify and re- Col. Donald S. Wenke spond to abusive situations. We can Mark William Lippert, of Ohio, to be an The following named officer for appoint- Assistant Secretary of Defense. significantly decrease domestic vio- ment in the United States Air Force to the lence fatalities and the number of dis- IN THE ARMY grade indicated while assigned to a position placed families if we have better The following named officer for appoint- of importance and responsibility under title ment as the Chief of Engineers/Commanding 10, U.S.C., section 601: trained officers in our legal system and General, United States Army Corps of Engi- To be lieutenant general health and human services arena. neers, and appointment to the grade indi- Lt. Gen. Burton M. Field Finally, I wish to thank Chairman cated in the United States Army while as- LEAHY for his tireless efforts to move signed to a position of importance and re- The following named officer for appoint- this critical piece of legislation for- sponsibility under title 10, U.S.C., sections ment in the United States Air Force to the 601 and 3036: grade indicated while assigned to a position ward, as well as Senators MURRAY and of importance and responsibility under title To be lieutenant general KLOBUCHAR for their continued leader- 10, U.S.C., section 601: Lt. Gen. Thomas P. Bostick ship on behalf of women and children To be lieutenant general all across the Nation. With a big bipar- NATIONAL INSTITUTE OF BUILDING SCIENCES Maj. Gen. Bruce A. Litchfield tisan vote today in the Senate, we James T. Ryan, of Utah, to be a Member of came together to make sure the Vio- the Board of Directors of the National Insti- The following named officer for appoint- ment in the United States Air Force to the lence Against Women Act was passed. tute of Building Sciences for a term expiring September 7, 2013. grade indicated while assigned to a position With that, I yield the floor and sug- of importance and responsibility under title gest the absence of a quorum. James Timberlake, of Pennsylvania, to be a Member of the Board of Directors of the 10, U.S.C., section 601: The PRESIDING OFFICER. The National Institute of Building Sciences for a To be lieutenant general clerk will call the roll. term expiring September 7, 2014. Lt. Gen. Charles R. Davis Mary B. Verner, of Washington, to be a The assistant legislative clerk pro- The following named officer for appoint- Member of the Board of Directors of the Na- ceeded to call the roll. ment in the United States Air Force to the tional Institute of Building Sciences for a Mr. REID. Mr. President, I ask unan- grade indicated while assigned to a position term expiring September 7, 2012. of importance and responsibility under title imous consent that the order for the Mary B. Verner, of Washington, to be a 10, U.S.C., section 601: quorum call be rescinded. Member of the Board of Directors of the Na- The PRESIDING OFFICER. Without tional Institute of Building Sciences for a To be lieutenant general objection, it is so ordered. term expiring September 7, 2015. Maj. Gen. Salvatore A. Angelella

VerDate Mar 15 2010 07:27 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.098 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2808 CONGRESSIONAL RECORD — SENATE April 26, 2012 The following named officer for appoint- Army Reserve and appointment to the grade PN1465 ARMY nomination of Troy W. Ross, ment as Chief of Air Force Reserve, and ap- indicated while assigned to a position of im- which was received by the Senate and ap- pointment to the grade of lieutenant general portance and responsibility under title 10, peared in the Congressional Record of March in the United States Air Force while as- U.S.C., sections 601 and 3038: 19, 2012. signed to a position of importance and re- To be lieutenant general PN1466 ARMY nomination of Sean D. Pit- sponsibility under title 10, U.S.C., sections man, which was received by the Senate and Maj. Gen. Jeffrey W. Talley 601 and 8038 appeared in the Congressional Record of IN THE NAVY To be lieutenant general March 19, 2012. The following named officer for appoint- PN1467 ARMY nomination of Walter S. Maj. Gen. James F. Jackson ment in the United States Navy Reserve to Carr, which was received by the Senate and The following named officer for appoint- the grade indicated under title 10, U.S.C., appeared in the Congressional Record of ment in the United States Air Force to the section 12203: March 19, 2012. grade indicated while assigned to a position To be rear admiral (lower half) PN1468 ARMY nomination of Marc E. Pat- of importance and responsibility under title Capt. Eric C. Young rick, which was received by the Senate and 10, U.S.C., section 601: appeared in the Congressional Record of To be Lieutenant General The following named officer for appoint- March 19, 2012. ment in the United States Navy to the grade Maj. Gen. Andrew E. Busch PN1469 ARMY nomination of Demetres indicated under title 10, U.S.C., section 624: Williams, which was received by the Senate IN THE ARMY To be rear admiral and appeared in the Congressional Record of The following named officers for appoint- Rear Adm. (lh) Terry B. Kraft March 19, 2012. ment in the United States Army to the grade PN1470 ARMY nominations of (2) beginning indicated under title 10, U.S.C., section 624: The following named officer for appoint- ment in the United States Navy Reserve to ALYSSA ADAMS, and ending DONALD L. To be Brigadier General the grade indicated under title 10, U.S.C., POTTS, which nominations were received by Colonel Robert P. White section 12203: the Senate and appeared in the Congres- sional Record of March 19, 2012. The following Army National Guard of the To be rear admiral United States officer for appointment in the PN1485 ARMY nomination of James M. Rear Adm. (lh) Bryan P. Cutchen Reserve of the Army to the grade indicated Veazey, Jr., which was received by the Sen- under title 10, U.S.C., sections 12203 and The following named officer for appoint- ate and appeared in the Congressional 12211: ment in the United States Navy to the grade Record of March 21, 2012. indicated under title 10, U.S.C., section 624: PN1486 ARMY nomination of Shari F. To be Brigadier General To be rear admiral Shugart, which was received by the Senate Col. Steven Ferrari and appeared in the Congressional Record of Rear Adm. (lh) Jonathan W. White The following named officers for appoint- March 21, 2012. ment to the grade indicated in the United The following named officers for appoint- PN1487 ARMY nominations (4) beginning States Army under title 10, U.S.C., section ment in the United States Navy to the grade DANIEL A. GALVIN, and ending THOMAS J. 624: indicated under title 10, U.S.C., section 624: SEARS, which nominations were received by To be Brigadier General To be rear admiral the Senate and appeared in the Congres- sional Record of March 21, 2012. Col. Kristin K. French Rear Adm. (lh) Richard P. Breckenridge PN1488 ARMY nominations (4) beginning Col. Walter E. Piatt Rear Adm. (lh) Walter E. Carter, Jr. Rear Adm. (lh) Craig S. Faller ANTHONY R. CAMACHO, and ending RICH- The following named officer for appoint- Rear Adm. (lh) James G. Foggo, III ARD J. SLOMA, which nominations were re- ment in the United States Army to the grade Rear Adm. (lh) Peter A. Gumataotao ceived by the Senate and appeared in the indicated while assigned to a position of im- Rear Adm. (lh) John R. Haley Congressional Record of March 21, 2012. portance and responsibility under title 10, Rear Adm. (lh) Patrick J. Lorge PN1489 ARMY nominations (8) beginning U.S.C., section 601: Rear Adm. (lh) Michael C. Manazir JAMES M. BLEDSOE, and ending DANIEL To be General Rear Adm. (lh) Samuel Perez, Jr. J. YOUNG, which nominations were received Lt. Gen. Dennis L. Via Rear Adm. (lh) Joseph W. Rixey by the Senate and appeared in the Congres- The following Army National Guard of the Rear Adm. (lh) Kevin D. Scott sional Record of March 21, 2012. United States officer for appointment in the Rear Adm. (lh) James J. Shannon PN1490 ARMY nominations (534) beginning Reserve of the Army to the grade indicated Rear Adm. (lh) Thomas K. Shannon JOHN R. ABELLA, and ending D010584, under title 10, U.S.C., sections 12203 and Rear Adm. (lh) Herman A. Shelanski which nominations were received by the Sen- ate and appeared in the Congressional 12211: The following named officer for appoint- Record of March 21, 2012. ment in the United States Navy to the grade To be brigadier general PN1491 ARMY nominations (652) beginning indicated while assigned to a position of im- Col. Todd A. Plimpton DREW Q. ABELL, and ending G010092, which portance and responsibility under title 10, The following named officer for appoint- nominations were received by the Senate and U.S.C., section 601: ment in the United States Army to the grade appeared in the Congressional Record of indicated while assigned to a position of im- To be vice admiral March 21, 2012. portance and responsibility under title 10, Vice Adm. Mark I. Fox PN1492 ARMY nominations (980) beginning U.S.C., section 601: IN THE AIR FORCE EDWARD C. ADAMS, and ending D011050, To be lieutenant general PN1393 AIR FORCE nominations (25) begin- which nominations were received by the Sen- ning JENNIFER M. AGULTO, and ending ate and appeared in the Congressional Maj. Gen. Patricia E. McQuistion Record of March 21, 2012. The following named officer for appoint- KATHRYN W. WEISS, which nominations IN THE MARINE CORPS ment in the United States Army to the grade were received by the Senate and appeared in indicated while assigned to a position of im- the Congressional Record of February 16, PN1289 MARINE CORPS nomination of portance and responsibility under title 10, 2012. Juan M. Ortiz, Jr., which was received by the U.S.C., section 601: PN1394 AIR FORCE nominations (112) be- Senate and appeared in the Congressional ginning MARIO ABEJERO, and ending CARL Record of January 31, 2012. To be lieutenant general R. YOUNG, JR., which nominations were re- IN THE NAVY Maj. Gen. Raymond P. Palumbo ceived by the Senate and appeared in the PN1471 NAVY nomination of David T. Car- Congressional Record of February 16, 2012. The following named officer for appoint- penter, which was received by the Senate PN1395 AIR FORCE nominations (514) be- ment in the United States Army to the grade and appeared in the Congressional Record of ginning RICHARD E. AARON, and ending indicated while assigned to a position of im- March 19, 2012. ERIC D. ZIMMERMAN, which nominations portance and responsibility under title 10, PN1472 NAVY nomination of Michael were received by the Senate and appeared in U.S.C., section 601: Junge, which was received by the Senate and the Congressional Record of February 16, To be lieutenant general appeared in the Congressional Record of 2012. Lt. Gen. Robert P. Lennox March 19, 2012. IN THE ARMY The following named officer for appoint- PN1473 NAVY nomination of Marc E. ment in the United States Army to the grade PN1463 ARMY nominations of Carol A. Bernath, which was received by the Senate indicated while assigned to a position of im- Fensand, which was received by the Senate and appeared in the Congressional Record of portance and responsibility under title 10, and appeared in the Congressional Record of March 19, 2012. U.S.C., section 601: March 19, 2012. PN1475 NAVY nomination of Steven A. PN1464 ARMY nominations (2) beginning Khalil, which was received by the Senate and To be lieutenant general KELLEY R. BARNES, and ending DAVID L. appeared in the Congressional Record of Maj. Gen. Robert B. Brown GARDNER, which nominations were re- March 19, 2012. The following named United States Army ceived by the Senate and appeared in the PN1493 NAVY nomination of Ashley A. Reserve officer for appointment as Chief, Congressional Record of March 19, 2012. Hockycko, which was received by the Senate

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.076 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2809 and appeared in the Congressional Record of She enlisted in the Air Force during system in 1968. Afterwards, he went on March 21, 2012. World War II and served as a medical to guarantee that over 98 percent of PN1494 NAVY nomination of Jason A. technician stateside. While post-trau- Owsley County had access to the water Langham, which was received by the Senate matic stress disorder was not cat- system and worked to see the sewage and appeared in the Congressional Record of March 21, 2012. egorized as a medical condition, system expanded to over 400 residents PN1495 NAVY nomination of Will J. Cham- Mattilou knew that many of the re- in the county. bers, which was received by the Senate and turning soldiers experienced hell. She Mayor Long serves on the Kentucky appeared in the Congressional Record of soon realized that quiet conversations River Area Development Committee— March 21, 2012. and a caring touch helped to heal the KRADD. The mayor’s home county of PN1496 NAVY nominations (4) beginning wounds that she couldn’t see. Owsley is one of the eight counties in PATRICK J. FOX, JR., and ending LESLIE Still caring for others, she first be- eastern Kentucky that KRADD super- H. TRIPPE, which nominations were re- came a registered nurse and then a cer- vises. The organization has been a ceived by the Senate and appeared in the major force in further developing the Congressional Record of March 21, 2012. tified registered nurse anesthetist, or CRNA. While raising three children and rural areas of eastern Kentucky, and f suffering from sometimes debilitating Mayor Long is an integral part of that LEGISLATIVE SESSION back pain, she worked as a CRNA at process. the Cleveland Clinic and obtained Besides the hard work Mayor Long The PRESIDING OFFICER. The Sen- does for the people of Booneville, he is ate will now resume legislative session. bachelor’s and master’s degrees at Case Western Reserve University. known for being a beloved and involved f She came to my hometown of Spring- member of his large family. His chil- dren, grandchildren, and great-grand- UNANIMOUS CONSENT AGREE- field, IL, to teach at the university in children are all very proud of him and MENT—EXECUTIVE CALENDAR 1978, and in no time finished her doc- torate in health education from South- all he has accomplished. Mr. REID. Mr. President, I ask unan- ern Illinois University at Carbondale. Sadly, Charles recently lost the love imous consent that on Monday, May 7, Dr. Catchpole became the director of of his life and wife of 72 years, Virginia 2012, at 4:30 p.m., the Senate proceed to the Nurse Anesthesia Program and Ruth Long. Mrs. Long passed away on executive session to consider the fol- Nurse Anesthesia Completion Program March 27, 2012, at the age of 92. During lowing nominations: Calendar Nos. 508, in Springfield. She spent the rest of her a recent session of the Kentucky State 568, and 569; that there be 60 minutes life teaching at the university and Senate, she was honored by a Senate for debate equally divided in the usual writing. Resolution commemorating her life form; that upon the use or yielding At the age of 78, Dr. Catchpole was and accomplishments. I know Mayor back of time, the Senate proceed to named the 2002 Kayaker of the Year by Long surely appreciated that gesture. Charles Long has literally spent the vote without intervening action or de- the Missouri Whitewater Association. majority of his life serving the local bate on the nominations in the order Physical fitness and the outdoors were people of Booneville as their mayor. He listed, the motions to reconsider be very important to her. It was swim- is able to look back at his long and considered made and laid upon the ming that enabled her to build the successful career and reminisce on the table, with no intervening action or de- strength and leave behind a full-body countless improvements he has put in bate; that no further motions be in cast that doctors thought she would order; that any related statements be place for the city he holds dear to his wear for most of her adult life because heart. Mr. Charles Long exhibits a printed in the RECORD; that the Presi- of back pain. In 2006, at the age of 82, dent be immediately notified of the commendable display of characteristics Mattilou was one of 18 recipients of the such as dedication, kindheartedness, Senate’s action, and the Senate then President’s Call to Service Awards for resume legislative session. and reliability which set him apart as over 5,000 hours of service with Health a true hometown hero. The PRESIDING OFFICER. Without Volunteers Overseas. You could always objection, it is so ordered. I am honored to stand on the floor of rely on Mattilou to lend a helping hand the U.S. Senate today in tribute to f to someone in need or to teach a person Mayor Charles Long’s service to the MORNING BUSINESS all that she knew about a subject. town of Booneville and the Common- I offer my deepest condolences to her wealth of Kentucky. And I ask my Sen- Mr. REID. Mr. President, I ask unan- family, her brother, U.A. Garred Sex- imous consent that the Senate proceed ate colleagues to join me in expressing ton; her three children, Julia Ann, recognition to Mayor Long for his long to a period of morning business with Nancy, and Floyd; and her eight grand- Senators permitted to speak therein and fruitful tenure in office. children and seven great-grand- Mr. KYL. Mr. President, I would like for up to 10 minutes each. children. Mattilou’s passing is a deep to call the attention of my colleagues The PRESIDING OFFICER. Without loss for so many, but her hard work, to a column published in the April 23rd objection, it is so ordered. accomplishments, and students will edition of by Dr. f continue to carry on. Henry Kissinger and retired GEN Brent REMEMBERING MATTILOU SEXTON f Scowcroft. These are two of the most CATCHPOLE TRIBUTE TO MAYOR CHARLES respected voices on nuclear strategy, LONG deterrence, and arms control, and they Mr. DURBIN: Mr. President, an in- both recently testified on the New credible woman died late last month Mr. MCCONNELL. Mr. President, I START treaty. after a hard fought battle with Alz- rise to pay tribute to my good friend The article, titled ‘‘Strategic Sta- heimer’s disease—a woman who gave Mr. Charles Long, the longtime mayor bility in Today’s Nuclear World,’’ her life to help and teach others. A of Booneville, KY. Mr. LONG has served comes at an important time. The Presi- former University of Illinois Spring- as mayor of this small Owsley County dent, we know, has tasked his advisors field professor, Dr. Mattilou Sexton town for 53 years. During his tenure, he to conduct an assessment of our nu- Catchpole, passed away at the age of has worked to provide a better life for clear forces and strategy to inform fu- 88. the citizens of Booneville by providing ture arms reductions beyond the levels Mattilou was born on Halloween day exceptional opportunities for various established by the New START treaty. in Chicago, IL, but grew up in Tex- daily improvements, as well as working The administration is said to be con- arkana, AR. Her parents gave her a to make vital amenities more easily sidering reductions that could lead to strong moral background and an appre- accessible to all. as few as 300 warheads, which would re- ciation for justice. As active partici- One of the most significant accom- quire rather significant changes to pants in the Arkansas civil rights plishments of Mayor Long’s time in of- long-standing U.S. nuclear doctrine. movement, they taught her that social fice has to do with developments he Dr. Kissinger and General Scowcroft justice, equitable educational opportu- oversaw in the area of water and sani- warn that: nities, and equal rights for all were of tation. The mayor oversaw the instal- Before momentum builds on that basis, we the utmost importance. lation of the town’s water and sewer feel obliged to stress our conviction that the

VerDate Mar 15 2010 06:52 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.080 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2810 CONGRESSIONAL RECORD — SENATE April 26, 2012 goal of future negotiations should be stra- Second, in assessing the level of unaccept- raised anew about issues like contraception. tegic stability and that lower numbers of able damage, the United States cannot as- It may have been 40 years since we passed weapons should be a consequence of strategic sume that a potential enemy will adhere to the ERA in Congress but the reasons why analysis, not an abstract preconceived deter- values or calculations identical to our own. many of us tried to write women’s rights mination. We need a sufficient number of weapons to into the Constitution are still with us today. In fact, the authors go on to warn the pose a threat to what potential aggressors As the Chief Senate Sponsor and floor lead- reader that: value under every conceivable circumstance. er of the Equal Rights Amendment, I remem- We should avoid strategic analysis by mir- ber well the intensity of the battle we fought Strategic stability is not inherent with low ror-imaging. in the early 1970’s. America’s history has numbers of nuclear weapons; indeed, exces- Third, the composition of our strategic been a steady expansion of individual rights, sively low numbers could lead to a situation forces cannot be defined by numbers alone. It beginning with the expansion of the fran- in which surprise attacks are conceivable. also depends on the type of delivery vehicles chise in our early years. From the rights of This short column should be required and their mix. If the composition of the U.S. former slaves after the Civil War to the ex- reading for all of my colleagues, and deterrent force is modified as a result of re- pansion of the vote for women and then for the eight key criteria listed by the au- duction, agreement or for other reasons, a 18 year olds, we have codified in our Con- thors, to govern nuclear weapons pol- sufficient variety must be retained, together stitution an ongoing commitment to indi- with a robust supporting command and con- vidual rights. It seemed fitting then, and icy, should become the basis for our trol system, so as to guarantee that a pre- seems fitting now, that our Constitution consideration of nuclear strategy and emptive attack cannot succeed. speak loudly and clearly that the law allow arms control moving forward. Fourth, in deciding on force levels and no discrimination on the basis of gender. I want to express my deep apprecia- lower numbers, verification is crucial. Par- While the principles involved in this battle tion to Dr. Kissinger and General ticularly important is a determination of remain, the country has evolved quite a bit Scowcroft for their important con- what level of uncertainty threatens the cal- since 1972. In 1972 there were 2 women in the tributions to our ongoing debates culation of stability. At present, that level is U.S. Senate and 13 in the House of Rep- about nuclear weapons and, more well within the capabilities of the existing resentatives. Now there are 17 women Sen- broadly, for their decades of service to verification systems. We must be certain ators and 75 Congresswomen. There were no that projected levels maintain—and when female Governors in 1972 and had been only our country. possible, reinforce—that confidence. 3 in all our history before that, there are 6 Mr. President, I ask unanimous con- Fifth, the global nonproliferation regime now. We have had a female Speaker of the sent to have the article printed in the has been weakened to a point where some of House and have scores of CEOs, business RECORD at the end of my remarks. the proliferating countries are reported to owners and leaders in all walks of life who There being no objection, the mate- have arsenals of more than 100 weapons. And are female. The number of women elected to rial was ordered to be printed in the these arsenals are growing. At what lower state legislatures across the country is larg- RECORD, as follows: U.S. levels could these arsenals constitute a er than ever before. The number of women in strategic threat? What will be their strategic the military cannot be compared to the num- [From the Washington Post, April 23, 2012] impact if deterrence breaks down in the bers 40 years ago. And in a recent issue of STRATEGIC STABILITY IN TODAY’S NUCLEAR overall strategic relationship? Does this Newsweek, long-time Supreme Court re- WORLD prospect open up the risk of hostile alliances porter Nina Totenberg spoke about taking (By Henry A. Kissinger and Brent Scowcroft) between countries whose forces individually the job at NPR in the 70s because the pay A New START treaty reestablishing the are not adequate to challenge strategic sta- was too low for men to want the job. process of nuclear arms control has recently bility but that combined might overthrow There has indeed been progress, but the taken effect. Combined with reductions in the nuclear equation? principles remain the same. To open the the U.S. defense budget, this will bring the Sixth, this suggests that, below a level yet sports pages in the morning is to see female number of nuclear weapons in the United to be established, nuclear reductions cannot athletes in a number of sports. To watch the States to the lowest overall level since the be confined to Russia and the United States. television news in the evening has us watch- 1950s. The Obama administration is said to As the countries with the two largest nu- ing many female anchor persons, weather la- be considering negotiations for a new round clear arsenals, Russia and the United States dies, and sports announcers. Even the major of nuclear reductions to bring about ceilings have a special responsibility. But other sports telecasts regularly involve on-air fe- as low as 300 warheads. Before momentum countries need to be brought into the discus- male broadcasters. But is there equal pay for builds on that basis, we feel obliged to stress sion when substantial reductions from exist- equal work today? Are there still obstacles our conviction that the goal of future nego- ing START levels are on the international on the professional paths to boardrooms for tiations should be strategic stability and agenda. women? Is sexual harassment still a promi- that lower numbers of weapons should be a Seventh, strategic stability will be af- nent issue in offices around America and in consequence of strategic analysis, not an ab- fected by other factors, such as missile de- our military? stract preconceived determination. fenses and the roles and numbers of tactical It is still fitting in the 21st century for our Regardless of one’s vision of the ultimate nuclear weapons, which are not now subject nation to include in its basic law the prin- future of nuclear weapons, the overarching to agreed limitations. Precision-guided large ciple that discrimination based on sex has no goal of contemporary U.S. nuclear policy conventional warheads on long-range deliv- place in American life. It is fitting for our must be to ensure that nuclear weapons are ery vehicles provide another challenge to daughters and granddaughters to be re- never used. Strategic stability is not inher- stability. The interrelationship among these minded that their parents and grandparents ent with low numbers of weapons; indeed, ex- elements must be taken into account in fu- took a stand to protect their futures and to cessively low numbers could lead to a situa- ture negotiations. ensure that they have an equal place in mod- tion in which surprise attacks are conceiv- Eighth, we must see to it that countries ern America. able. that have relied on American nuclear protec- In closing, let me stress that the ERA is We supported ratification of the START tion maintain their confidence in the U.S. still the right thing to do, not only in prin- treaty. We favor verification of agreed reduc- capability for deterrence. If that confidence ciple but in every day practice. Thank you tions and procedures that enhance predict- falters, they may be tempted by accommoda- for your continued, dedicated efforts. ability and transparency. One of us (Kis- tion to their adversaries or independent nu- f singer) has supported working toward the clear capabilities. elimination of nuclear weapons, albeit with Nuclear weapons will continue to influence RECOGNIZING THE GREATER the proviso that a series of verifiable inter- the international landscape as part of strat- BRIDGEPORT YOUTH ORCHESTRAS mediate steps that maintain stability pre- egy and an aspect of negotiation. The lessons learned throughout seven decades need to Mr. BLUMENTHAL. Mr. President, cede such an end point and that every stage today I commend the Greater Bridge- of the process be fully transparent and continue to govern the future. port Youth Orchestras, GBYO, as it verifiable. f The precondition of the next phase of U.S. celebrates its 50th anniversary this nuclear weapons policy must be to enhance PASSAGE OF THE EQUAL RIGHTS year. This legendary local group cur- and enshrine the strategic stability that has AMENDMENT rently at a membership of 250 students preserved global peace and prevented the use Mr. MENENDEZ. Mr. President, the of all ages from 29 different commu- of nuclear weapons for two generations. following statement is from Senator nities around the city of Bridgeport, Eight key facts should govern such a pol- Birch Bayh in honor of the 40th anni- who participate in 5 different ensem- icy: bles—has bestowed the gift of great First, strategic stability requires main- versary of Congressional passage of the taining strategic forces of sufficient size and Equal Rights Amendment: music and mentorship to the State of composition that a first strike cannot reduce Recent events have seen an assault on Connecticut. Through the platform of retaliation to a level acceptable to the ag- those who provide health care services to an orchestra, these young musicians gressor. women and we have even seen questions have learned how to support each

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.077 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2811 other. They listen closely while others ment while breaking through stagnant Torrington, she went on to attend law shine as well as play as an ensemble, stereotypes and archaic traditions. school at Yale University as one of producing thrilling fortissimos that Isabelle M. Kelley devoted her pas- only 11 women in her graduating class. echo in audiences’ hearts long after the sion for societal transformation, drive Judge Wald was motivated to go into final note. to accomplish, and energetic entrepre- government service by the possibilities While maintaining a high level of neurship to the problem of food short- of social reform, especially addressing musicianship through competitive au- ages faced by our country’s most im- issues concerning poverty and criminal ditions, the GBYO provides an invalu- poverished families. Ms. Kelley was justice. In 1964, she was nominated by able experience—an alternative to join- born in Connecticut in 1917 and re- President Johnson to the President’s ing a sports team—for students who mained there throughout her high Commission on Crime in Washington, love music. Its members can feel cama- school and college years, attending DC. After serving the Carter adminis- raderie, learn teamwork, and come to Simsbury High School and the Univer- tration as Assistant Attorney General understand the value of weekly group sity of Connecticut. Upon graduation for Legislative Affairs, she was ap- rehearsals and daily practice. in 1938 with an economics degree, she pointed to the U.S. Circuit Court of Ap- I applaud the GBYO for its goal of was asked to join the U.S. Department peals of the District of Columbia in providing a supportive environment of Agriculture as an economist to ex- 1979, where she served for 20 years, where lifelong friendships are formed, amine food purchasing trends, which eventually as chief judge. Since her re- mentorship thrives, and students feel inspired a life-long interest in our tirement from the bench, she has been safe to express their emotions and con- country’s food supply. In this capacity, asked to join several commissions and nect through passionate music. This she was the first to publicly link task forces, including President Bush’s sensitivity is rare and precious. GBYO malnourishment in children to limited Commission on Intelligence Capabili- combines the development of emo- school achievement. She was asked by ties of the United States Regarding tional intelligence and social skills President Kennedy to serve on a task Weapons of Mass Destruction and the with the principles of hard work and force to realize a national food stamp Constitution Project’s Guantanamo diligence. These young musicians are program. In 1964, she authored the Task Force. Most recently, she has talented, smart, well-rounded, and, Food Stamp Act and was appointed as served on the advisory board of the Co- alition for the International Criminal best of all, excited. the first Director of the Food Stamp In March, the GBYO celebrated its Division of the USDA. It was the first Court. I join those who have honored landmark anniversary with a gala time any woman directed a national Judge Wald, including members of the International Human Rights Law alumni concert at the University of social program at the USDA and led Group, the American Lawyer Hall of Bridgeport, conducted by GBYO’s any type of consumer affairs or mar- Fame, and the American Bar Associa- music director, Christopher Hisey, who keting division in any Federal agency. tion, in celebrating her commitment to is an alumnus of the orchestra. He led Ms. Kelley passed away in 1997, but the law, especially in protecting our a stirring and inspiring alumni ensem- students of public health and nutrition can listen to and read transcripts of country’s most vulnerable. ble piece to finish the tremendous con- I know my colleagues will join me in her oral history project by Harvard cert. I congratulate executive director honoring these remarkable women, University’s Schlesinger Library, Barbara Upton and music director who weathered criticism and risked whose aim was to capture the voices of Christopher Hisey, for their leadership. public failure to inspire current and 38 women ‘‘who had achieved positions I wish the Greater Bridgeport Youth upcoming public servants and to better of high rank in the federal government Orchestras continued success and hope the lives of future generations. this well-regarded organization can during the middle decades of the twen- serve as a role model, inspiring others tieth century.’’ In 2011, she was invited f to preserve and perpetuate the long into the USDA’s Hall of Heroes. 2011 CONNECTICUT VETERANS tradition of the arts and the impor- The Honorable Denise Lynn Nappier, HALL OF FAME tance it holds for our culture and soci- now serving her fourth term as Con- Mr. BLUMENTHAL. Mr. President, ety. necticut’s first female State treasurer today I wish to recognize the 2011 in- f and first elected statewide official, and ductees of the Connecticut Veterans the country’s first African American Hall of Fame, a nonprofit organization 2011 CONNECTICUT WOMEN’S HALL female State treasurer, can serve as a OF FAME that honors men and women from Con- role model to women around the coun- necticut who have served their commu- Mr. BLUMENTHAL. Mr. President, try who strive to impact the field of fi- nities in commendable ways since re- today I wish to recognize the 2011 Con- nancial regulation. Born in 1951 in tiring from the military. Starting in necticut Women’s Hall of Fame induct- Hartford, Treasurer Nappier ran for 2005, when established by Executive ees and their contributions to the re- city treasurer in 1989. After working 10 Order, the Connecticut Veterans Hall cent history of the State of Con- years to engender Hartford’s financial of Fame has selected at least 10 induct- necticut and our Nation. development, she won the position of ees each year: men and women from In the spirit of preserving the often State treasurer. She made visits to Connecticut who, even after their great untold accomplishments of impactful schools around the State, teaching stu- sacrifices as Active members of our leaders from Connecticut, each year dents how to save and budget—paving military, have chosen to continue their the Connecticut Women’s Hall of Fame the way for success in their finances as service in innovative ways to con- publicly honors several women, living adults. The Connecticut Women’s Hall tribute to the lives of current enlistees, or deceased, to share their stories, pre- of Fame joins other esteemed organiza- fellow veterans, and civilians. serve their legacies, and update and tions that have honored Treasurer These local heroes were celebrated at equalize the history that is taught to Nappier, including the Girl Scouts of an induction ceremony surrounded by our children. The Connecticut Women’s Connecticut, the Hartford College for their family and friends this past De- Hall of Fame has created and main- Women, the National Association of cember attended by Lieutenant Gov- tained a remarkable space, free of Minority and Women Law Firms, the ernor Nancy Wyman and the Con- charge, where the utmost respect can Government Finance Officers Associa- necticut Department of Veterans Af- be paid to women who have made im- tion, and the National Political Con- fairs Commissioner Linda Schwartz. I measurable impacts to our daily lives. gress of Black Women. would like to join Lieutenant Governor On October 25, 2011, at the 18th An- The Honorable Patricia Wald has Wyman and Commissioner Schwartz nual Induction Ceremony and Celebra- dedicated her career to public service and formally recognize Samuel tion ‘‘Women of Influence: Creating So- and the law, retiring from her seat as Beamon, Sr., Rev. Dr. G. Kenneth Car- cial Change’’—Isabelle M. Kelley, the first female judge for the U.S. Cir- penter, Richard Rampone, Ronald Denise Lynn Nappier, and Patricia cuit Court of Appeals for the District Catania, Burke Ross, John Chiarella, Wald were inducted. These three of Columbia to serve on the Inter- Phillip Kraft, Ronald Perry, Dr. women are trailblazers, taking on var- national Criminal Tribunal in The Madelon Baranoski, and Harold ious leadership positions in govern- Hague. Born in 1928 in the city of Farrington, Jr.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.060 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2812 CONGRESSIONAL RECORD — SENATE April 26, 2012 Several of these 2011 inductees are years, Mr. Kraft has watched over bur- ease of infertility and encourages the well-loved for touching their commu- ial services and maintained the upkeep public to take charge of their reproduc- nities through a wide range of public of the Spring Grove Cemetery in tive health. Let me take this oppor- leadership initiatives. Samuel Beamon, Darian, where approximately 1,500 vet- tunity to commend RESOLVE for its Sr., Rev. Dr. G. Kenneth Carpenter, and erans have been laid to rest, and also work providing community and giving Richard Rampone served in Vietnam in takes the lead as CEO of the National voice to women and men experiencing the U.S. Marine Corps. Samuel Veterans Services Fund. Honoree Ron- infertility. Beamon, Sr. was honored for his excep- ald Perry, who served in the U.S. Ma- Over the last few decades, significant tional work with the Young Marines rine Corps in Vietnam, has been a solid medical advancements, such as in vitro Program in Waterbury, CT and as past support system for the Meriden, CT, fertilization, have provided a solution commandant of the Department of Marine community, speaking out on for some would be parents. However, Connecticut Marine Corps League, as behalf of several veterans associations, the high cost to undergo infertility well as his esteemed legacy as lieuten- including the Marine Corps League of care often poses an additional barrier ant of the Waterbury Police Depart- Meriden, and arranging the birthday for couples to overcome. It costs more ment. Rev. Dr. G. Kenneth Carpenter celebrations of Meriden-area Marine than $12,000 for a couple to undergo one has been recognized as a constant Corps veterans. cycle of infertility treatment, and in- source of spiritual guidance as pastor The remaining two Connecticut vet- surance coverage is often dismal. For of the Union Baptist Church in Mystic; erans honored in 2011, Dr. Madelon some patients, multiple cycles are re- in addition, he is founder and president Baranoski and Harold Farrington, have quired to achieve a successful preg- of the Mystic Area Shelter and Hospi- used the skills and experiences they de- nancy outcome. Federal Government tality, MASH, which gives temporary veloped in a professional capacity to insurance plans do not specifically shelter and counseling to families—es- positively affect the military and vet- cover infertility treatments, and only pecially those with children—who are erans communities of Connecticut. 15 States offer any level of coverage. struggling in this tough economy. After serving in Vietnam in the U.S. I have introduced a bill that would Richard Rampone, who worked to pro- Army Nurse Corps, Dr. Baranoski has alleviate some of the costs associated tect his community as Patrolman for compiled research on the physiological with infertility care. The Family Act, the Berlin Police Department, is the consequences of stress to foster greater S. 965 creates a Federal tax credit for State commandant of the Marine Corps understanding about the mental condi- individuals who are diagnosed with in- League Department of Connecticut, tions of veterans in our communities fertility by a licensed physician. A tax whose mission is to assist marines en- and to help reform the criminal justice credit will help make this vital patient tering civilian life. system. She is currently an associate care more accessible and affordable to Many of our honorees participate in professor of psychiatry and the vice those who lack insurance coverage for more than one organization, dedicating chair of the Human Investigation Com- these services. a vast amount of time to helping serv- mittee at Yale University School of I hope you will join me during Na- icemembers and veterans. Ronald Medicine. Harold Farrington, Jr., has tional Infertility Awareness Week and Catania, who served in the U.S. Air spent 30 years helping veterans and become a cosponsor of the Family Act. Force in Vietnam, has given countless their families navigate the bureauc- This is a necessary step towards ensur- hours to numerous groups, including racy and reap the benefits of govern- ing that all of our citizens have the the Connecticut Police Chiefs Associa- ment programs as an employee of the ability to raise a family, without com- tion, Connecticut Veterans Memorial, U.S. Department of Veterans Affairs. promising their financial future. Connecticut National Guard during the In an article for New London’s The f Hurricane Katrina disaster, the Amer- Day, Mr. Farrington candidly captured ican Red Cross, and the Special Olym- the emotions he felt as a 2011 Con- ADDITIONAL STATEMENTS pics. On September 11, he worked the necticut Veterans Hall of Fame In- day after the attacks to transport do- ductee: Having dedicated his life to LOST AT SEA nated goods to Ground Zero for emer- service, he acknowledged that ‘‘to ∑ gency responders. Burke Ross, who know my work is being recognized is Mrs. BOXER. Mr. President, it is served in the U.S. Marine Corps during very rewarding.’’ with great sadness that I speak in World War II, has been a fervent sup- I hope this honor from the State of memory of five extraordinary sailors porter and participant of the Military Connecticut will start to reflect and who recently died at sea during a boat Order of the Purple Heart, MOPH, vol- manifest the pride felt by the family, race off the coast of California. unteers at the West Haven VA Medical friends, and fellow veterans of these in- On Saturday, April 15, the sailing Facility, and for the past 25 years has ductees. It gives me great pride to laud vessel Low Speed Chase was one of 49 planned the annual Memorial Day these courageous and selfless individ- boats participating in the Full Crew Services and Parade in the Derby- uals who have not hesitated to serve Farallones Race, which has been run Shelton area; in 2001, he was selected and sacrifice in and out of uniform. To annually from San Francisco to the as the Disabled American Veteran, them, I say with gratitude: Today, Farallon Islands and back since 1907. DAV, of the Year for his more than 30 your country publicly recognizes your As the yacht rounded an island, it was years as an officer and then chaplain to contributions and deep, heartfelt com- broadsided by huge waves and crashed his local DAV chapter. mitment to our U.S. veterans. onto the rocks. The civic dedication of a number of Three sailors survived and were res- f these inductees spans decades. John cued by the U.S. Coast Guard. Trag- Chiarella, who served in the U.S. Army NATIONAL INFERTILITY ically, the lives of five others—Alexis in Korea and Vietnam, has spent 10 AWARENESS WEEK Busch, Alan Cahill, Jordan Fromm, years ensuring that Waterbury-area Mrs. GILLIBRAND. Mr. President, Marc Kasanin, and Elmer Morrissey— students have an education in our pa- building a family is an exciting mile- were lost. triotic traditions, including developing stone in the lives of millions of Amer- Alexis Busch, who as a teenager had a program called Forever Wave, whose ican families. Unfortunately, the road been a beloved batgirl for the San mission is to instruct on the flag sa- towards conceiving a child is often dif- Francisco Giants, managed the Ross lute. He is also is known for his role as ficult and painful for the nearly 7 mil- Valley Swim and Tennis Club and chairman of the Waterbury Veterans lion Americans diagnosed with the dis- crewed in sailing races from San Fran- Memorial Committee. U.S. Army vet- ease of infertility. cisco Bay to Australia. Her longtime eran Phillip Kraft has been a voice for This week, men and women across boyfriend and sailing partner, Nick veterans’ benefits as an instructor at the country will share their stories Vos, was one of the survivors on the the International Union, United Auto- during National Infertility Awareness Low Speed Chase. mobile, Aerospace, and Agricultural Week. This movement, organized by Alan Cahill was a married father of Implement Workers of America, UAW, RESOLVE: The National Infertility As- two children and a master marine annual conference. Also, for many sociation, brings attention to the dis- craftsman who served as caretaker for

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He was a tal- today I wish to recognize Mr. Wayne R. partment of Defense and Air Force Re- ented sailor and good friend, who Gracie upon his retirement after an serve the outstanding institutions that served as the best man at the wedding outstanding career of 37 years of distin- they are today. of his crewmate, Bryan Chong, one of guished civil service to our great Na- I thank Wayne for his many years of the three survivors. tion. dedicated service and wish him and his Jordan Fromm was a lifelong sailor Since 1975, through seven Presi- wife Candace the very best as they who was a fixture at the San Francisco dential administrations, Wayne has enter retirement.∑ Yacht Club, where he had been a mem- worked with Congress and directly sup- f ber since childhood and participated in ported the Secretary and Chief of Staff RECOGNIZING JOHN T. CYR AND its youth sailing programs. Fromm of the Air Force, as well as the Chief of planned to start his own yacht restora- SONS, INC. the Air Force Reserve. He has worked ∑ tion business. on logistics, budgets, and legislative Ms. COLLINS. Mr. President, today I Marc Kasanin grew up in Belvedere, interactions—turning words into pro- wish to offer my congratulations to started sailing at age 5, and spent most gramming actions—that resulted in John T. Cyr and Sons, Inc., on its 100th of his life on the water as a sailor and new Department of Defense policies anniversary. This outstanding Maine company demonstrates why family a nautical artist. His artwork was re- and programs. cently displayed at the Tiburon Art Wayne excelled at providing both businesses are so important to our Na- Festival. Houses of Congress with new insight tion’s economy and to communities in Elmer Morrissey earned a Ph.D. in and understanding of the Air Force Re- every State. The determination and vi- energy engineering and worked as a serve’s need to transition from a Cold sion that led to a century of success de- software designer at Lawrence Berke- War force to the modern force oper- fine America’s entrepreneurial spirit. Sometime around 1903, John Thomas ley National Laboratory. In addition to ating around the world today. His ef- Cyr moved his family from Caribou, sailing, he enjoyed playing music and forts resulted in new funding and devel- ME—my hometown—to Old Town, near rugby and writing humorous sports opment of both a ‘‘strategic reserve’’ blogs. Bangor, where he found work in a lum- for surge operations, as well as a cost- These crew members were some of ber mill. Nine years later, in 1912, at effective ‘‘operational reserve’’ for use the Bay Area’s best sailors. Their loss the age of 51, John T. Cyr struck out on is a devastating blow to their families, in daily military missions. his own. Joined by his son, Joseph, In 1997, backed by his credibility and to their friends, to their crewmates, they started a livery stable and deliv- good will on Capitol Hill, Wayne led and to the entire sailing community. ery business. the preparation, messaging, and testi- At this most difficult time, my heart What began with horses, buggies, and mony for congressional hearings that goes out to them all.∑ wagons is today a thriving enterprise resulted in the formation of Air Force f of 22 luxury motor coaches, 200 Reserve Command, the ninth major schoolbuses, and nearly 250 employees. TRIBUTE TO DOROTHY INGHRAM command in the Air Force. This au- A company that got its start hauling ∑ MRS. BOXER. Mr. President, I am thorized a three-star commander and lumber for a local canoe factory now honored to remember the life, accom- energized new Reserve component per- serves 17 school districts across Maine plishments, and service of Dorothy sonnel benefits. with an exemplary safety record. They Inghram, a pioneer who was Califor- After conducting more than 20 years offer tours throughout the United nia’s first African American school dis- of continual combat operations in Iraq, States and Canada—from New York trict superintendent and San Bosnia, Kosovo, Afghanistan, Horn of City at Christmas to Washington, DC, Bernardino County’s first African Africa, Libya, and many other loca- in cherry blossom season. As a native American school teacher and principal. tions around the globe, the Air Force of Aroostook County, I know how valu- Ms. Inghram passed away at her San Reserve’s success is evident today. able their daily intercity service is to Bernardino home on March 14 at the Wayne’s efforts were critical to pre- the towns and cities of northern Maine. age of 106. senting, justifying, and enacting new Handed down and nurtured through Dorothy Inghram was born on No- legislation supporting Air Force re- the generations, this is a true family vember 9, 1905, the youngest of Henry servists, their civilian employers, and business, owned and operated by the and Mary Inghram’s seven children. their families who were impacted by founder’s grandson, Joe Cyr, joined by While at San Bernardino Valley Col- increased Reserve operations. Thanks his brother, Pete, son Mike, and daugh- lege, Ms. Inghram wrote the school’s to his continuous dialogue with Con- ter Becky. alma mater and later transferred to gress, reservists now get improved Their remarkable story of growth, of Redlands University to complete a health care, new credits toward retire- meeting challenges, and of delivering bachelor’s degree in music in 1936. She ment, inactive duty training travel value was expertly told in a recent ar- began her teaching career in Texas but pay, and post-9/11 G.I. Bill benefits. ticle in Maine Trails magazine. I would later returned to California and accept- Also, Wayne was pivotal to facili- like to complement that account with ed a teaching position in the Mill tating Air Force Reserve testimonies my personal observations. School District. For the next 3 decades, before the Senate Armed Services Com- Before coming to the Senate, I she devoted her life to education and mittee and Senate Appropriation Com- worked at Husson University in Ban- literacy in the community. mittee that resulted in additional fund- gor, where I had the pleasure of getting Over the years, Ms. Inghram’s profes- ing for equipment modernization. His to know Joe Cyr, class of 1962, and his sional contributions have been ac- efforts directly led to increased combat wonderful wife Sue, class of 1965. Joe knowledged on many occasions, includ- effectiveness as well as improved hu- has been a longtime member of the ing numerous awards, a city-pro- manitarian and disaster response oper- Husson Board of Trustees, and Sue has claimed Dorothy Inghram Day, and a ations. These updated capabilities were been a volunteer supporter of uncom- library named in her honor. Most re- essential to successful relief missions mon energy. Joe and Sue’s generosity warding to her personally, however, in Japan and Haiti, as well as in the to Husson includes significant gifts to were the admiring and grateful former United States for Hurricanes Katrina athletic programs, a new home for the students who credited her with helping and Ivan, for aerial firefighting in the university president, the annual fund, them recognize undiscovered talents Southwest, and for containing the gulf and most recently, the new Cyr Alumni and sparking interests that led to suc- oil spill. Center. The countless ways they cessful careers. Because of Wayne’s visionary leader- serve—from the Boys Scouts and the Y I ask my colleagues to join me, and ship, planning, and foresight, the Air to St. Joseph Hospital—touch people of her grateful community in honoring Force, the Department of Defense, and all ages. the life and trailblazing legacy of Doro- the Nation will long reap the benefits People throughout Maine are fortu- thy Inghram.∑ of his tenure at the Pentagon and his nate to have such a family as the Cyrs,

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.091 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2814 CONGRESSIONAL RECORD — SENATE April 26, 2012 but I am especially lucky—my summer tigious Stanley Frank Class Award. pects, leaving them unable to afford camp on Cold Stream Pond is just This award is presented annually in housing. Our Nation’s servicemembers down the road from theirs. As much as honor of the late Stanley Frank, chair have made great sacrifices for our I cherish our time together, having of the LNC Founding Committee, who country, and they deserve our grati- dinner, playing cards, and enjoying the gave his time, talents, and resources to tude and support. We must welcome beautiful Maine summer evenings, I make our State a better place to live them home and help them transition to cherish even more being in the pres- and to work. Mr. Frank was a Greens- civilian life. Assisting our Nation’s vet- ence of those who give so much to oth- boro businessman and a civic giant who erans and families is of the utmost im- ers and who see the act of giving as the was one of the earliest, and one of the portance. greatest reward. I am delighted to ex- strongest supporters of LNC. Each re- I am also grateful that Mr. Lyons is tend my congratulations to the Cyr cipient of this award exemplifies the raising awareness for an issue that I family in their business’s centennial spirit of Stanley Frank as selected by am personally involved with. Having a year and to thank them for their con- their fellow participants. Tom was the family member who serves in the tributions to the State of Maine.∑ Class XIII recipient, recognized for his Armed Forces, I have always been an f demonstrated leadership, which has advocate for our troops. That is why I made a significant improvement in the proudly cosponsored and voted in sup- TRIBUTE TO TOM MCSWAIN quality of life, economic well-being, port of bipartisan legislation, the VOW ∑ Mrs. HAGAN. Mr. President, Leader- and sense of community in our State. to Hire Heroes Act, which was signed ship North Carolina is an organization Upon graduation, Mr. McSwain ex- into law by President Obama. This leg- committed to engaging and informing panded his commitment to Leadership islation provides a tax credit to em- leaders from across my home State. North Carolina, serving as program ployers who hire veterans while also of- Today I wish to recognize a constituent chair for Class XIV and joining the fering education and funding to provide who is a leader of Leadership North Leadership North Carolina Board of Di- on-the-job training and employment Carolina. Tom McSwain’s service to rectors. assistance to veterans. Ensuring our our citizens may be recognized during Elected as chair of Leadership North returning soldiers come home to good his term as chairman of the American Carolina in 2010, Tom has brought his paying jobs is the least we can do and Traffic Safety Services Association considerable leadership experience to the VOW to Hire Heroes Act helps put from 2004 to 2006, but his leadership strengthen the organization during his our Nation’s veterans back to work. skills were forged many years before 2-year tenure. His work has positioned Mr. Lyons’ selfless efforts to honor this term and he continues to lead in the program for sustainability for and acknowledge our Nation’s veterans many ways. Tom is a native of Macon, years to come and strengthened its rep- epitomize service over self. I commend GA, and a proud alumnus of the Uni- utation among leaders in business, gov- Mr. Lyons for his steadfast determina- versity of Georgia, who has a deep love ernment, education, and nonprofits. tion in raising awareness for those who for and commitment to his adopted The measure of a good leader is the leg- keep us safe. Today, I ask my col- home State of North Carolina. Two acy he or she leaves behind. Tom leagues to join me in recognizing Mr. sources of strength for Tom are his McSwain leaves North Carolina with Lyons for his service to our country wife Shawn Scott, an alumna of Lead- 900 informed and engaged leaders to and commitment to helping veterans in ership North Carolina Class IX, and his take the baton and help craft our need.∑ son, Jack. State’s future. Currently, Tom serves as eastern re- On June 30 of this year, Tom f gion director with responsibility for McSwain will complete his tenure as RECOGNIZING HOOSIER ESSAY company sales and activities in the chair of Leadership North Carolina. We CONTEST WINNERS Eastern United States, Latin and need strong, effective leaders now more ∑ South America with Ennis-Flint. than ever. Tom’s service to Leadership Mr. LUGAR. Mr. President, I wish to Ennis-Flint is the world’s largest sup- North Carolina has been focused on en- take the opportunity to express my plier of pavement marking materials gaging, challenging, and informing fu- congratulations to the winners of the and is headquartered in Dallas, TX. ture leaders. I join the Board of Direc- 2011–2012 Dick Lugar/Indiana Farm Bu- Tom has served in many professional tors of Leadership North Carolina in reau/Indiana Farm Bureau Insurance capacities within the highway safety recognizing Tom for his leadership, vi- Companies Youth Essay Contest. industry. Most prominently, he was sion, and determination. In 1985, I joined with the Indiana chairman of the American Traffic Safe- Tom embodies our State’s motto Farm Bureau to sponsor an essay con- ty Services Association—ATSSA—from Esse Quam Videri, to be rather than to test for 8th grade students in my home 2004–2006. ATSSA is an international seem, and I ask all my colleagues to State. The purpose of this contest is to trade association with 1,600 members join me in thanking Tom McSwain for encourage young Hoosiers to recognize who manufacture and install roadway his service to North Carolina.∑ and appreciate the importance of Indi- ana agriculture in their lives and sub- safety devices such as signs, striping, f guardrails, crash cushions, and light- sequently craft an essay responding to ing. In this role, he served as the chair TRIBUTE TO DAN LYONS the assigned theme. The theme chosen of the past chairman’s advisory council ∑ Mr. HELLER. Mr. President, today I for this year was ‘‘The Role of the and as the president-elect of the am proud to recognize one of Nevada’s Farm in a Healthy Diet.’’ ATSSA Foundation, which provides veterans whose overwhelming sacrifice Along with my friends at the Indiana scholarships to children of individuals on behalf of those who served our great Farm Bureau and Indiana Farm Bureau killed while working on our nation’s Nation is inspiring. As I speak, Mr. Insurance Companies, I am pleased highways. He is also a board member of Lyons is traveling on foot from his with the annual response to this con- the Road Information Program—TRIP. hometown of Reno, NV to our Nation’s test and the quality of the essays re- Our State has benefitted from the capital to encourage legislators to as- ceived over the years. I applaud each of migration of citizens from all over the sist our homeless veterans. this year’s participants on their country, bringing their creativity and This is a serious issue that I have thoughtful work and wish, especially, skills to North Carolina. Tom moved to worked on since I was elected to Con- to highlight the submissions of the his newly adopted home of North Caro- gress. Today, over 100,000 veterans are 2011–2012 contest winners—Travis lina in 1997. Following his service as on America’s streets. Many have seri- Koester of Wadesville, IN, and Andrea Chairman of ATSSA, Tom sought to ous problems and need support. That is Ledgerwood of Angola, IN. I ask unani- transition his engagement and focus why I stand with Mr. Lyons as he com- mous consent to have printed in the from the national arena to North Caro- pletes his 2,600 mile journey. RECORD the complete text of Travis’ lina. The brave men and women who and Andrea’s respective essays and I In 2006, Mr. McSwain graduated from served our country and fought to pro- am pleased, also, to include the names Leadership North Carolina as a mem- tect our freedom are coming back to a of the many district and county win- ber of Class XIII, receiving the pres- struggling economy with few job pros- ners of the contest.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.097 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2815 There being no objection, the mate- healthiness of homegrown farm products. has been stationed with the Northwest rial was ordered to be printed in the They have demonstrations, food samples, Division since 2009, and my staff and I RECORD, as follows: and very knowledgeable people that care have had the pleasure of working ex- about your health. I believe if we had more tensively with him during that time. THE ROLE OF THE FARM IN A HEALTHY DIET of those types of facilities around Indiana, (By Travis Koester) people will be more encouraged to consume An example of Brigadier General Americans talk skinny, but eat fat. What the rich, tasty, fresh farm products from our McMahon’s leadership ability was his can farmers do to help? American agri- local Hoosier farmers. Don’t you agree . . . response to a storm that caused serious culture will feed the world with a safe, abun- there’s a lot more than corn in Indiana!! damage to the Howard Hanson Dam in dant, and affordable food supply. This has 2011–2012 DISTRICT ESSAY WINNERS King County. The storm raised the been our message in recent years. It is time District 1: Rachel Stoner, Kyle Venditti; flood threat for hundreds of thousands for change. What word is missing? Healthy! District 2: Luke Lashure, Andrea of residents in the Green River Valley, Farmers can help Americans through edu- Ledgerwood; District 3: Ross Kindig, Grace which is home to one of the largest cation and making healthier food more Ringer; District 4: Will Harris, Carley Myers; manufacturing and distribution bases available to low income families. District 5: Bailey Hayes, Jonathan Meredith; Living on a family dairy farm, what can I on the west coast. Brigadier General District 6: Aiden Foran, Karsyn Gaynor; Dis- do? In a country where more than two-thirds McMahon and the Army Corps reacted trict 7: Courtney Brown, Sam Ellis; District of the population is overweight, adult food quickly and decisively to respond and 8: Elizabeth Field, Brevin Runnebohn; Dis- choices are often made on impulse, not intel- trict 9: Halie Klueg, Travis Koester; District repair right abutment seepage issues lect. Americans say they’d like restaurants 10: Jerry Clayton, Anne Franke. and other potential failure modes, al- to offer healthier items, but only 23 percent 2010–2011 COUNTY ESSAY WINNERS lowing the facility to return to normal order those foods, according to research firm operation in less than three years. Adams: Carley Myers and Triston Vetter, Technomic. We must reach the public at a During his tenure, Brigadier General young age. I can encourage teachers to wel- Adams Central Middle School. Allen: Haleigh come Farm Bureau Ag in the Classroom. DeVido and Luke Lashure, Saint Joseph McMahon addressed the need to replace These educational programs can influence Hessen Cassel School. Bartholomew: Aaron three lock gates on the Columbia- my generation to eat healthy. Kruchten and Audrey Wetzel, Central Middle Snake River navigation system, and However, healthy food generally costs School. Benton: Kendra Budreau and Joe that was no small feat. He has also more than unhealthy food. How can we assist Stembel, Benton Central Junior-Senior High worked extensively to lay the ground- those with low incomes? Working with Part- School. Carroll: Morgan Dominguez, Delphi work with the Department of State in ners in Food, our family farm donates lean Community Middle School. Cass: Jodi preparation for the upcoming renewal healthy beef to local food banks, providing Aleshire and Derek Sullivan, Southeastern the underprivileged with nutritious protein. School. Clay: Courtney Brown, Clay City of the Columbia River Treaty. Briga- Furthermore, I live in a community with a Junior-Senior High School. Crawford: Nich- dier General McMahon’s hard work plethora of gardens. Grandmother alone has olas Lahue and Nickki Parks, Crawford leaves a strong legacy upon which four gardens! I will encourage my commu- County Junior-Senior High School. Decatur: these important efforts may progress. nity to share excess garden items with the Sam Owens and Mika Shook, South Decatur Additionally, as we all know, the poor by using my family farm as a collection Junior-Senior High School. Franklin: Syd- Missouri River system witnessed some point. Neighbors and family can share ney Browning and Dakota Busch, Mount Car- of the worst flooding in history in 2011. healthy fruits and vegetables that I can de- mel School. Gibson: Cecilia Hall, Saint Under Brigadier General McMahon’s liver to local food banks promoting agri- James Catholic School. Hamilton: Trenten leadership, the Army Corps responded culture at the same time. Richardson, Carmel Middle School. Hen- It is time for farmers to take action dricks: Jonathan Meredith, Cascade Middle quickly and efficiently to minimize the through education and making healthy food School. Howard: Will Harris and Anna threats of rising floodwaters and to an- more available to the poor. One farmer at a Ortman, Northwestern Middle School. swer calls for help in repairing the ex- time, we can make a difference and improve Jackson: Anne Franke, Immanuel Lu- tensive damage caused by these floods. the health of our fellow Americans. Will you theran School; Christopher Rust, Saint For this, so many are grateful. His pro- join me? American agriculture will feed the John’s Lutheran School. Jay: Brett Laux and fessionalism and expertise helped our world with a safe, abundant, affordable, and Abby Reier, East Jay Middle School. Lake: Nation through this disaster and un- healthy food supply. Mechai Sharks, Our Lady of Grace School; doubtedly lessened the destruction and Kyle Venditti, Taft Middle School. Marion: THE ROLE OF THE FARM IN A HEALTHY DIET Aiden Foran and Karsyn Gaynor, Immacu- prevented loss of life. On behalf of all who live in the Pa- (By Andrea Ledgerwood) late Heart of Mary School. Monroe: Sam cific Northwest, I thank Brigadier Gen- Indiana farms are crucial to our state’s Ellis, Bachelor Middle School. Newton: Ross well-being. They provide healthy foods we Kindig and Grace Wernert, South Newton eral McMahon for his dedication to the eat every day, including milk, eggs, corn, Middle School. Owen: Caroline Sebastian, safety and well-being of the people of and meat. The health of the animals occu- Owen Valley Middle School. Parke: Ross our region. His knowledge, experience, pying the farms ensures the quality of the Akers and Bailey Hayes, Rockville Junior- and tireless effort will be sorely food. Indiana farmers take pride in making Senior High School. Perry: Izic Holmes, missed. Mr. President, I congratulate Cannelton City Schools. Pike: Taylor Car- sure only the healthiest products go to mar- General McMahon and wish him and ket. lisle, Pike Central Middle School. Porter: Rachel Stoner, Morgan Township Middle his family the best of luck in their fu- On that note, we also get nutrients from ture endeavors.∑ these products. Milk from dairy cows can re- School. Rush: Elizabeth Field and Brevin duce the risk of health issues such as Runnebolun, Benjamin Rush Middle School. f Steuben: Andrea Ledgerwood, Prairie osteoporosis, some cancers, type two diabe- REMEMBERING PAUL SANDOVAL tes, and obesity to list just a few. It is just Heights Middle School. Switzerland: Jerry rich, cold, delicious, wholesome, fresh milk Clayton and Destiny Marcum, Switzerland ∑ Mr. UDALL of Colorado. Mr. Presi- from our Hoosier dairy farmers who care County Middle School. Vanderburgh: Halie dent, today I wish to honor a great Col- about us. Hoosier farmers also grow sweet Klueg, Thompkins Middle School; Travis orado leader and dear friend, Mr. Paul corn in the rich Indiana soil. Sweet corn con- Koester, Saint Wendel Catholic School. Sandoval. Two days ago, Paul passed tains only one gram of fat per ear of corn— Wayne: Conner Allen and Amanda Wilson, Centerville Junior High School. White: Zeb away after a battle with pancreatic that is seven times less fat than name brand cancer, and I want to take this oppor- granola bars. It also has significantly more Davis and Grace Ringer, Frontier Junior- ∑ tunity to honor his tremendous legacy vitamin C than most granola bars. Doesn’t a Senior High School. crunchy, sweet, flavorful, fun to eat summer f and express my profound sadness at the loss of my dear friend a man who was treat from our fellow Hoosier farmers sound TRIBUTE TO BRIGADIER GENERAL delicious? the consummate public servant. I knew If Indiana were to have more farmers’ mar- JOHN R. MCMAHON Paul as a fiercely compassionate per- kets in our cities and towns, I believe we ∑ Mrs. MURRAY. Mr. President, it is son, tough yet kind, and he maintained could improve our state’s average health, in- with great privilege that I congratu- these qualities throughout his battle cluding obesity. When we incorporate edu- late BG John R. McMahon, division with cancer. cational and nutritional values, Hoosiers commander of the Northwest Division Paul was a true family man. Known will soon realize that eating healthy can be easy, affordable, and fun. The Farm Bureau of the U.S. Army Corps of Engineers, for his modesty and generosity, he gave exhibit at the Indiana State Fair is an excel- on his well-deserved retirement after a as much to his family and friends as he lent example of people working together to long and successful career serving our did to his community and the State of educate the public about farm safety and the country. Brigadier General McMahon Colorado. But it is not easy to express

VerDate Mar 15 2010 07:23 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.082 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2816 CONGRESSIONAL RECORD — SENATE April 26, 2012 just how much Paul meant to the peo- awarded the Hispanic Chamber of Com- ference asked by the Senate on the dis- ple of Colorado. merce of Metro Denver’s Lifetime agreeing votes of the two Houses there- He was perhaps most proud of this Achievement Award. In addition, at on, and appoint the following Members crowning achievement: being a tamale this year’s Jefferson Jackson Day Din- as managers of the conference on the maker. He left an indelible impact on ner, the Colorado Democratic Party part of the House: the culinary landscape of the State. I honored him with its Lifetime Achieve- From the Committee on Transpor- won’t be the first or last to say this, ment Award. tation and Infrastructure, for consider- but Paul’s tamale shop, La Casita, My thoughts and prayers are with ation of the House bill (except section makes the best tamales in Denver. Peo- Paul’s beloved wife Paula, his children, 141) and the Senate amendment (except ple flocked to his restaurant, a land- and his family, and I share their pro- sections 1801, 40102, 40201, 40202, 40204, mark in north Denver, not only be- found grief at the loss of my dear 40205, 40305, 40307, 40309–40312, 100112– cause of his delicious ‘‘mile high tradi- friend and confidant. But Paul’s legacy 100114, and 100116), and modifications tional’’ tamales but because of the will endure through the family he cher- committed to conference: Messrs. community he created for all who vis- ished, the generations of public serv- MICA, YOUNG of Alaska, DUNCAN of Ten- ited. For the past four decades, anyone ants he mentored, and the gift of inspi- nessee, SHUSTER, Mrs. CAPITO, Mr. seeking fresh tamales and stimulating ration he imparted to all of us. CRAWFORD, Ms. HERRERA BEUTLER, conversation about politics made a I can think of no better way to de- Messrs. BUCSHON, HANNA, visit to Paul’s restaurant. scribe Paul than as authentic, a real SOUTHERLAND, LANKFORD, RIBBLE, The consummate public servant, believer in what people could do RAHALL, DEFAZIO, COSTELLO, Ms. NOR- Paul was often called the godfather of through a good education and hard TON, Mr. NADLER, Ms. BROWN of Flor- Colorado politics. He served the State work, and a man who nourished a bet- ida, Messrs. CUMMINGS, BOSWELL, and faithfully as a State senator, a member ter political system the same way he BISHOP of New York. of the Denver school board, and an ad- nourished us with the best tamales in From the Committee on Energy and viser to elected officials at the local, Denver. Paul Sandoval will be deeply Commerce, for consideration of section State and Federal levels. I often relied missed but always remembered, for his 142 and titles II and V of the House bill, on Paul’s guidance, and I feel the loss extraordinary spirit.∑ and sections 1113, 1201, 1202, subtitles B, of his counsel and friendship deeply. f C, D, and E of title I of division C, sec- I admire Paul because he never let tions 32701–32705, 32710, 32713, 40101, and partisanship get in the way of a good MESSAGES FROM THE PRESIDENT 40301 of the Senate amendment, and idea. As a supporter of Democrats, Re- Messages from the President of the modifications committed to con- publicans, and Independents, he valued United States were communicated to ference: Messrs. UPTON, WHITFIELD, and a person’s character and integrity, not the Senate by Mr. Pate, one of his sec- WAXMAN. party affiliation. Good people make the retaries. From the Committee on Natural Re- call to public service worth heeding, sources, for consideration of sections and Paul was one of the best. He em- f 123, 142, 204, and titles III and VI of the bodied the Colorado principle that EXECUTIVE MESSAGES REFERRED House bill, and section 1116, subtitles when you work together, things get As in executive session the Presiding C, F, and G of title I of division A, sec- done for the good of Colorado’s fami- tion 33009, titles VI and VII of division lies. Paul’s example inspires my ap- Officer laid before the Senate messages from the President of the United C, section 40101, subtitles A and B of proach to and collabora- title I of division F, and section 100301 tion in the Senate today. States submitting sundry nominations and withdrawals which were referred to of the Senate amendment, and modi- Paul’s hard-working, entrepreneurial fications committed to conference: spirit stems from his early life and ex- the appropriate committees. (The nominations received today are Messrs. HASTINGS of Washington, periences. He started selling the Den- BISHOP of Utah, and MARKEY. ver Post at the age of 6 and was deliv- printed at the end of the Senate pro- ceedings.) From the Committee on Science, ering groceries for a local market by Space, and Technology for consider- the eight grade. At that young age he f ation of sections 121, 123, 136, and 137 of even tracked down a customer who MESSAGE FROM THE HOUSE the House bill, and section 1534, sub- owed him for a newspaper, then nego- title F of title I of division A, sections tiated with the man to pay interest for At 10:35 a.m., a message from the 20013, 20014, 20029, 31101, 31103, 31111, holding out. His early training in nego- House of Representatives, delivered by 31204, 31504, 32705, 33009, 34008, and divi- tiation paid off for Colorado because Mrs. Cole, one of its reading clerks, an- sion E of the Senate amendment, and Paul became one of our State’s tal- nounced that the House has passed the modifications committed to con- ented bridge-builders: he formulated following bills, in which it requests the ference: Messrs. HALL, CRAVAACK, and commonsense public policy and then concurrence of the Senate: Ms. EDDIE BERNICE JOHNSON of Texas. brought people together to achieve it. H.R. 1038. An act to authorize the convey- From the Committee on Ways and The son of the founder of a ance of two small parcels of land within the Means, for consideration of sections 141 meatpacking union, Paul had politics boundaries of the Coconino National Forest and 142 of the House bill, and sections in his blood and was elected to the Col- containing private improvements that were developed based upon the reliance of the 1801, 40101, 40102, 40201, 40202, 40204, orado State Senate in 1974. In the Sen- 40205, 40301–40307, 40309–40314, 100112– ate, Paul was a champion of many landowners in an erroneous survey con- ducted in May 1960. 100114, and 100116 of the Senate amend- issues, but education issues held a spe- H.R. 2146. An act to amend title 31, United ment, and modifications committed to cial place in his heart and on his agen- States Code, to require accountability and conference: Messrs. CAMP, TIBERI, and da. His leadership ensured the passage transparency in Federal spending, and for BLUMENAUER. of Colorado’s first bilingual education other purposes. bill, and he cofounded the Chicano Edu- H.R. 3336. An act to ensure the exclusion of f cation Project to implement bilingual small lenders from certain regulations of the MEASURES REFERRED curricula across the State. Paul Dodd-Frank Act. furthered his commitment to educating The message further announced that The following bills were read the first Colorado’s future leaders by later join- the House disagree to the amendment and the second times by unanimous ing the Denver school board, and he of the Senate to the bill (H.R. 4348) to consent, and referred as indicated: personally set up scholarship funds to provide an extension of Federal-aid H.R. 1038. An act to authorize the convey- support undergraduate and graduate highway, highway safety, motor car- ance of two small parcels of land within the rier safety, transit, and other programs boundaries of the Coconino National Forest students. containing private improvements that were For all of his work and in recognition funded out of the Highway Trust Fund developed based upon the reliance of the of his leadership throughout the State, pending enactment of a multiyear law landowners in an erroneous survey con- Paul received awards too numerous to reauthorizing such programs, and for ducted in May 1960; to the Committee on En- recount here. Most recently, he was other purposes, and agree to the con- ergy and Natural Resources.

VerDate Mar 15 2010 07:23 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.057 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2817 H.R. 2146. An act to amend title 31, United port relative to transactions involving U.S. ant to law, the report of a rule entitled ‘‘Se- States Code, to require accountability and exports to Singapore; to the Committee on curity Zone; On the Waters in Kailua Bay, transparency in Federal spending, and for Banking, Housing, and Urban Affairs. Oahu, HI’’ ((RIN1625–AA87) (Docket No. other purposes; to the Committee on Home- EC–5859. A communication from the Chair- USCG–2011–1142)) received in the Office of the land Security and Governmental Affairs. man and President of the Export-Import President of the Senate on April 25, 2012; to H.R. 3336. An act to ensure the exclusion of Bank, transmitting, pursuant to law, a re- the Committee on Commerce, Science, and small lenders from certain regulations of the port relative to transactions involving U.S. Transportation. Dodd-Frank Act; to the Committee on Agri- exports to the United Arab Emirates (UAE); EC–5870. A communication from the Attor- culture, Nutrition, and Forestry. to the Committee on Banking, Housing, and ney-Advisor, U.S. Coast Guard, Department f Urban Affairs. of Homeland Security, transmitting, pursu- EC–5860. A communication from the Chair- ant to law, the report of a rule entitled MEASURES DISCHARGED man and President of the Export-Import ‘‘West Oahu Offshore Security Zone’’ The following concurrent resolution Bank, transmitting, pursuant to law, a re- ((RIN1625–AA87) (Docket No. USCG–2011– port relative to transactions involving U.S. 1048)) received in the Office of the President was discharged from the Committee on exports to the Philippines; to the Committee of the Senate on April 25, 2012; to the Com- the Budget pursuant to Section 300 of on Banking, Housing, and Urban Affairs. mittee on Commerce, Science, and Transpor- the Congressional Budget Act, and EC–5861. A communication from the Chair- tation. placed on the calendar: man and President of the Export-Import EC–5871. A communication from the Attor- S. Con. Res. 42. A concurrent resolution Bank, transmitting, pursuant to law, a re- ney-Advisor, U.S. Coast Guard, Department setting forth the congressional budget for port relative to transactions involving U.S. of Homeland Security, transmitting, pursu- the United States Government for fiscal year exports to Mexico; to the Committee on ant to law, the report of a rule entitled ‘‘Se- 2013, revising the appropriate budgetary lev- Banking, Housing, and Urban Affairs. curity Zones; Cruise Ships, San Pedro Bay, els for fiscal year 2012, and setting forth the EC–5862. A communication from the Chair- California’’ ((RIN1625–AA87) (Docket No. appropriate budgetary levels for fiscal years man and President of the Export-Import USCG–2011–0101)) received in the Office of the 2013 through 2022. Bank, transmitting, pursuant to law, a re- President of the Senate on April 25, 2012; to port relative to transactions involving U.S. the Committee on Commerce, Science, and f exports to Mexico; to the Committee on Transportation. EXECUTIVE AND OTHER Banking, Housing, and Urban Affairs. EC–5872. A communication from the Attor- COMMUNICATIONS EC–5863. A communication from the Chair- ney, U.S. Coast Guard, Department of Home- man and President of the Export-Import land Security, transmitting, pursuant to The following communications were Bank, transmitting, pursuant to law, a re- law, the report of a rule entitled ‘‘Safety laid before the Senate, together with port relative to transactions involving U.S. Zone; Submarine Cable Installation Project; accompanying papers, reports, and doc- exports to Canada, Mexico, Chile, Colombia, Chicago River South Branch, Chicago, IL’’ uments, and were referred as indicated: Ecuador, China, Philippines, Japan, and ((RIN1625–AA00) (Docket No. USCG–2011– South Korea; to the Committee on Banking, 1122)) received in the Office of the President EC–5851. A communication from the Acting Housing, and Urban Affairs. of the Senate on April 25, 2012; to the Com- Director, National Institute of Food and Ag- EC–5864. A communication from the Direc- mittee on Commerce, Science, and Transpor- riculture, Department of Agriculture, trans- tor of Congressional Affairs, Office of Nu- tation. mitting, pursuant to law, the report of a rule clear Regulatory Research, Nuclear Regu- EC–5873. A communication from the Attor- entitled ‘‘Hispanic-Serving Agricultural Col- latory Commission, transmitting, pursuant ney-Advisor, U.S. Coast Guard, Department leges and Universities (HSACU) Certification to law, the report of a rule entitled ‘‘Con- of Homeland Security, transmitting, pursu- Process’’ (RIN0524–AA39) received in the Of- straint on Releases of Airborne Radioactive ant to law, the report of a rule entitled fice of the President of the Senate on April Materials to the Environment for Licensees ‘‘Safety Zone; Eisenhower Expressway 25, 2012; to the Committee on Agriculture, Other than Power Reactors’’ (Regulatory Bridge Rehabilitation Project; Chicago River Nutrition, and Forestry. Guide 4.20, Revision 1) received in the Office South Branch, Chicago, IL’’ ((RIN1625–AA00) EC–5852. A communication from the Under of the President of the Senate on April 24, (Docket No. USCG–2011–1123)) received in the Secretary of Defense (Personnel and Readi- 2012; to the Committee on Environment and Office of the President of the Senate on April ness), transmitting the report of fourteen Public Works. 25, 2012; to the Committee on Commerce, (14) officers authorized to wear the insignia EC–5865. A communication from the Regu- Science, and Transportation. of the grade of major general in accordance lations Coordinator, Centers for Medicare EC–5874. A communication from the Attor- with title 10, United States Code, section 777; and Medicaid Services, Department of ney-Advisor, U.S. Coast Guard, Department to the Committee on Armed Services. Health and Human Services, transmitting, of Homeland Security, transmitting, pursu- EC–5853. A communication from the Under pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled Secretary of Defense (Personnel and Readi- ‘‘Medicare and Medicaid Programs; Changes ‘‘Safety Zones; New Year’s Eve Fireworks ness), transmitting the report of four (4) offi- in Provider and Supplier Enrollment, Order- Displays within the Captain of the Port cers authorized to wear the insignia of the ing and Referring, and Documentation Re- Miami Zone, FL’’ ((RIN1625–AA00) (Docket grade of major general and brigadier general, quirements; and Changes in Provider Agree- No. USCG–2011–1091)) received in the Office of respectively, in accordance with title 10, ments’’ (RIN0938–AQ01) received in the Office the President of the Senate on April 25, 2012; United States Code, section 777; to the Com- of the President of the Senate on April 25, to the Committee on Commerce, Science, mittee on Armed Services. 2012; to the Committee on Finance. and Transportation. EC–5854. A communication from the Acting EC–5866. A communication from the Chief EC–5875. A communication from the Attor- Assistant Secretary of Defense (Reserve Af- Justice of the Supreme Court of the United ney, U.S. Coast Guard, Department of Home- fairs), transmitting a report relative to addi- States, transmitting, pursuant to law, the land Security, transmitting, pursuant to tional Reserve component equipment pro- amendments to the Federal Rules of Bank- law, the report of a rule entitled ‘‘Safety curement and military construction; to the ruptcy Procedure that have been adopted by Zone; Upper Mississippi River, Mile 389.4 to Committee on Armed Services. the Supreme Court of the United States; to 403.1’’ ((RIN1625–AA00) (Docket No. USCG– EC–5855. A communication from the Chair- the Committee on the Judiciary. 2011–1087)) received in the Office of the Presi- man and President of the Export-Import EC–5867. A communication from the Chief dent of the Senate on April 25, 2012; to the Bank, transmitting, pursuant to law, a re- Justice of the Supreme Court of the United Committee on Commerce, Science, and port relative to transactions involving U.S. States, transmitting, pursuant to law, the Transportation. exports to Ireland; to the Committee on amendments to the Federal Rules of Crimi- EC–5876. A communication from the Attor- Banking, Housing, and Urban Affairs. nal Procedure that have been adopted by the ney-Advisor, U.S. Coast Guard, Department EC–5856. A communication from the Chair- Supreme Court of the United States; to the of Homeland Security, transmitting, pursu- man and President of the Export-Import Committee on the Judiciary. ant to law, the report of a rule entitled Bank, transmitting, pursuant to law, a re- EC–5868. A communication from the Attor- ‘‘Safety Zone; City of Beaufort’s Tricenten- port relative to transactions involving U.S. ney-Advisor, U.S. Coast Guard, Department nial New Year’s Eve Fireworks Display, exports to South Africa; to the Committee of Homeland Security, transmitting, pursu- Beaufort River, Beaufort, SC’’ ((RIN1625– on Banking, Housing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘Se- AA00) (Docket No. USCG–2011–1112)) received EC–5857. A communication from the Chair- curity Zone; Passenger Vessel SAFARI EX- in the Office of the President of the Senate man and President of the Export-Import PLORER Arrival/Departure, Kaunakakai on April 25, 2012; to the Committee on Com- Bank, transmitting, pursuant to law, a re- Harbor, Molokai, Hawaii’’ ((RIN1625–AA87) merce, Science, and Transportation. port relative to transactions involving U.S. (Docket No. USCG–2011–1159)) received in the EC–5877. A communication from the Attor- exports to the Republic of Korea; to the Office of the President of the Senate on April ney, U.S. Coast Guard, Department of Home- Committee on Banking, Housing, and Urban 25, 2012; to the Committee on Commerce, land Security, transmitting, pursuant to Affairs. Science, and Transportation. law, the report of a rule entitled ‘‘Safety EC–5858. A communication from the Chair- EC–5869. A communication from the Attor- Zone; Sausalito Yacht Club’s Annual Lighted man and President of the Export-Import ney-Advisor, U.S. Coast Guard, Department Boat Parade and Fireworks Display, Bank, transmitting, pursuant to law, a re- of Homeland Security, transmitting, pursu- Sausalito, CA’’ ((RIN1625–AA00) (Docket No.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.039 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2818 CONGRESSIONAL RECORD — SENATE April 26, 2012 USCG–2011–0970)) received in the Office of the EC–5886. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; President of the Senate on April 25, 2012; to ney Advisor, U.S. Coast Guard, Department Rolls-Royce plc (RR) Turbofan Engines’’ the Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- ((RIN2120–AA64) (Docket No. FAA–2010–0562)) Transportation. ant to law, the report of a rule entitled ‘‘Spe- received in the Office of the President of the EC–5878. A communication from the Attor- cial Local Regulations; Boca Raton Holiday Senate on April 18, 2012; to the Committee on ney, U.S. Coast Guard, Department of Home- Boat Parade, Intracoastal Waterway, Boca Commerce, Science, and Transportation. land Security, transmitting, pursuant to Raton, FL’’ ((RIN1625–AA08) (Docket No. EC–5895. A communication from the Senior law, the report of a rule entitled ‘‘Safety USCG–2011–1078)) received in the Office of the Program Analyst, Federal Aviation Adminis- Zone; Power Line Replacement, West Bay, President of the Senate on April 25, 2012; to tration, Department of Transportation, Panama City, FL’’ ((RIN1625–AA00) (Docket the Committee on Commerce, Science, and transmitting, pursuant to law, the report of No. USCG–2011–0983)) received in the Office of Transportation. a rule entitled ‘‘Airworthiness Directives; the President of the Senate on April 25, 2012; EC–5887. A communication from the Attor- Airbus Airplanes’’ ((RIN2120–AA64) (Docket to the Committee on Commerce, Science, ney Advisor, U.S. Coast Guard, Department No. FAA–2011–0997)) received in the Office of and Transportation. of Homeland Security, transmitting, pursu- the President of the Senate on April 18, 2012; EC–5879. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Spe- to the Committee on Commerce, Science, ney, U.S. Coast Guard, Department of Home- cial Local Regulations and Safety Zones; Re- and Transportation. land Security, transmitting, pursuant to curring Events in Captain of the Port Boston EC–5896. A communication from the Senior law, the report of a rule entitled ‘‘Safety Zone’’ ((RIN1625–AA08; AA00) (Docket No. Program Analyst, Federal Aviation Adminis- Zone; Mississippi River, Mile Marker 230 to USCG–2011–0109)) received in the Office of the tration, Department of Transportation, Mile Marker 234, in the Vicinity of Baton President of the Senate on April 25, 2012; to transmitting, pursuant to law, the report of Rouge, LA’’ ((RIN1625–AA00) (Docket No. the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; USCG–2011–0841)) received in the Office of the Transportation. Bombardier, Inc.’’ ((RIN2120–AA64) (Docket President of the Senate on April 25, 2012; to EC–5888. A communication from the Acting No. FAA–2012–0190)) received in the Office of the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- the President of the Senate on April 18, 2012; Transportation. partment of Commerce, transmitting, pursu- to the Committee on Commerce, Science, EC–5880. A communication from the Attor- ant to law, the report of a rule entitled ‘‘At- and Transportation. ney-Advisor, U.S. Coast Guard, Department lantic Highly Migratory Species; Atlantic EC–5897. A communication from the Senior of Homeland Security, transmitting, pursu- Bluefin Tuna Fisheries’’ (RIN0648–XB116) re- Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ceived in the Office of the President of the tration, Department of Transportation, ‘‘Drawbridge Operation Regulation; New Jer- Senate on April 25, 2012; to the Committee on transmitting, pursuant to law, the report of sey Intracoastal Waterway (NJICW), Atlan- Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; tic City, NJ’’ ((RIN1625–AA09) (Docket No. EC–5889. A communication from the Dep- Thielert Aircraft Engines GmbH (TAE) Re- USCG–2011–0698)) received in the Office of the uty Chief Counsel for Regulations and Secu- ciprocating Engines’’ ((RIN2120–AA64) (Dock- President of the Senate on April 25, 2012; to rity Standards, Transportation Security Ad- et No. FAA–2009–0201)) received in the Office the Committee on Commerce, Science, and ministration, Department of Homeland Se- of the President of the Senate on April 18, Transportation. curity, transmitting, pursuant to law, the re- 2012; to the Committee on Commerce, EC–5881. A communication from the Attor- port of a rule entitled ‘‘Transportation Secu- Science, and Transportation. ney Advisor, U.S. Coast Guard, Department rity Administration Postal Zip Code Change; EC–5898. A communication from the Senior of Homeland Security, transmitting, pursu- Technical Amendment’’ ((49 CFR Part 1572) Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled (Amendment No. 1572–9)) received in the Of- tration, Department of Transportation, ‘‘Regulated Navigation Area; S99 Alford transmitting, pursuant to law, the report of Street Bridge Rehabilitation Project, Mystic fice of the President of the Senate on April a rule entitled ‘‘Airworthiness Directives; River, MA’’ ((RIN1625–AA11) (Docket No. 23, 2012; to the Committee on Commerce, The Boeing Company Airplanes’’ ((RIN2120– USCG–2011–1125)) received in the Office of the Science, and Transportation. EC–5890. A communication from the Senior AA64) (Docket No. FAA–2010–0030)) received President of the Senate on April 25, 2012; to Program Analyst, Federal Aviation Adminis- in the Office of the President of the Senate the Committee on Commerce, Science, and tration, Department of Transportation, on April 18, 2012; to the Committee on Com- Transportation. EC–5882. A communication from the Attor- transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–5899. A communication from the Senior ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Modification of Class E Air- of Homeland Security, transmitting, pursu- space; Douglas, AZ’’ ((RIN2120–AA66) (Docket Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled No. FAA–2011–1313)) received in the Office of tration, Department of Transportation, ‘‘Regulated Navigation Area; Memorial the President of the Senate on April 18, 2012; transmitting, pursuant to law, the report of Bridge Construction, Piscataqua River, to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; Portsmouth, NH’’ ((RIN1625–AA11) (Docket and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) No. USCG–2011–1097)) received in the Office of EC–5891. A communication from the Senior (Docket No. FAA–2011–0992)) received in the the President of the Senate on April 25, 2012; Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on April to the Committee on Commerce, Science, tration, Department of Transportation, 18, 2012; to the Committee on Commerce, and Transportation. transmitting, pursuant to law, the report of Science, and Transportation. EC–5883. A communication from the Attor- a rule entitled ‘‘Amendment of Class D and EC–5900. A communication from the Senior ney Advisor, U.S. Coast Guard, Department Class E Airspace, and Establishment of Class Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- E Airspace; Bozeman, MT’’ ((RIN2120–AA66) tration, Department of Transportation, ant to law, the report of a rule entitled (Docket No. FAA–2011–0783)) received in the transmitting, pursuant to law, the report of ‘‘Regulated Navigation Area; Arthur Kill, Office of the President of the Senate on April a rule entitled ‘‘Airworthiness Directives; NY and NJ’’ ((RIN1625–AA11) (Docket No. 18, 2012; to the Committee on Commerce, Airbus Airplanes’’ ((RIN2120–AA64) (Docket USCG–2011–0727)) received in the Office of the Science, and Transportation. No. FAA–2011–1087)) received in the Office of President of the Senate on April 25, 2012; to EC–5892. A communication from the Senior the President of the Senate on April 18, 2012; the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, Transportation. tration, Department of Transportation, and Transportation. EC–5884. A communication from the Attor- transmitting, pursuant to law, the report of EC–5901. A communication from the Senior ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Amendment of Class D and E Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- Airspace; Brooksville, FL’’ ((RIN2120–AA66) tration, Department of Transportation, ant to law, the report of a rule entitled ‘‘Al- (Docket No. FAA–2012–0013)) received in the transmitting, pursuant to law, the report of ternate Tonnage Threshold for Oil Spill Re- Office of the President of the Senate on April a rule entitled ‘‘Airworthiness Directives; sponse Vessels’’ ((RIN1625–AB82) (Docket No. 18, 2012; to the Committee on Commerce, Burl A. Rogers (Type Certificate Previously USCG–2011–0966)) received in the Office of the Science, and Transportation. Held by William Brad Mitchell and Aeronca, President of the Senate on April 25, 2012; to EC–5893. A communication from the Senior Inc. Airplanes’’ ((RIN2120–AA64) (Docket No. the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- FAA–2011–0318)) received in the Office of the Transportation. tration, Department of Transportation, President of the Senate on April 18, 2012; to EC–5885. A communication from the Attor- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Airworthiness Directives; Transportation. of Homeland Security, transmitting, pursu- Rolls-Royce plc Turbofan Engines’’ EC–5902. A communication from the Senior ant to law, the report of a rule entitled ‘‘Spe- ((RIN2120–AA64) (Docket No. FAA–2011–0959)) Program Analyst, Federal Aviation Adminis- cial Local Regulations and Safety Zones; Re- received in the Office of the President of the tration, Department of Transportation, curring Events in Captain of the Port New Senate on April 18, 2012; to the Committee on transmitting, pursuant to law, the report of York Zone’’ ((RIN1625–AA00) (Docket No. Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; USCG–2010–1001)) received in the Office of the EC–5894. A communication from the Senior Empresa Brasileira de Aeronautica S.A. President of the Senate on April 25, 2012; to Program Analyst, Federal Aviation Adminis- (EMBRAER) Airplanes’’ ((RIN2120–AA64) the Committee on Commerce, Science, and tration, Department of Transportation, (Docket No. FAA–2012–0191)) received in the Transportation. transmitting, pursuant to law, the report of Office of the President of the Senate on April

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.046 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2819 18, 2012; to the Committee on Commerce, EC–5911. A communication from the Acting partment of Commerce, transmitting, pursu- Science, and Transportation. Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled EC–5903. A communication from the Senior partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Northeastern United Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled States; Summer Flounder Fishery; Quota tration, Department of Transportation, ‘‘Fisheries of the Exclusive Economic Zone Transfer’’ (RIN0648–XB103) received in the transmitting, pursuant to law, the report of Off Alaska; Reallocation of Pollock in the Office of the President of the Senate on April a rule entitled ‘‘Airworthiness Directives; Bering Sea and Aleutian Islands; Correction’’ 19, 2012; to the Committee on Commerce, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) (RIN0648–XB038) received in the Office of the Science, and Transportation. (Docket No. FAA–2011–0565)) received in the President of the Senate on April 19, 2012; to EC–5920. A communication from the Acting Office of the President of the Senate on April the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- 18, 2012; to the Committee on Commerce, Transportation. partment of Commerce, transmitting, pursu- Science, and Transportation. EC–5912. A communication from the Acting ant to law, the report of a rule entitled EC–5904. A communication from the Senior Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone Program Analyst, Federal Aviation Adminis- partment of Commerce, transmitting, pursu- Off Alaska; Pacific Cod by Catcher Vessels tration, Department of Transportation, ant to law, the report of a rule entitled Using Trawl Gear in the Central Regulatory transmitting, pursuant to law, the report of ‘‘Fisheries of the Caribbean, Gulf of Mexico, Area of the Gulf of Alaska’’ (RIN0648–XB142) a rule entitled ‘‘Airworthiness Directives; and South Atlantic; Coastal Migratory Pe- received in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– lagic Resources of the Gulf of Mexico and Senate on April 19, 2012; to the Committee on AA64) (Docket No. FAA–2010–1311)) received South Atlantic; Closure’’ (RIN0648–XB076) re- Commerce, Science, and Transportation. in the Office of the President of the Senate ceived in the Office of the President of the EC–5921. A communication from the Attor- on April 18, 2012; to the Committee on Com- Senate on April 19, 2012; to the Committee on ney, U.S. Coast Guard, Department of Home- merce, Science, and Transportation. Commerce, Science, and Transportation. land Security, transmitting, pursuant to EC–5905. A communication from the Senior EC–5913. A communication from the Acting law, the report of a rule entitled ‘‘Standards Program Analyst, Federal Aviation Adminis- Director, Office of Sustainable Fisheries, De- for Living Organisms in Ships’ Ballast Water tration, Department of Transportation, partment of Commerce, transmitting, pursu- Discharged in U.S. Waters’’ ((RIN1625–AA32) transmitting, pursuant to law, the report of ant to law, the report of a rule entitled (Docket No. USCG–2001–10486)) received in a rule entitled ‘‘Airworthiness Directives; ‘‘Western Pacific Pelagic Fisheries; Amer- the Office of the President of the Senate on Robinson Helicopter Company Helicopters’’ ican Samoa Longline Limited Entry Pro- April 25, 2012; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2011–0588)) gram’’ (RIN0648–XB009) received in the Office merce, Science, and Transportation. received in the Office of the President of the of the President of the Senate on April 19, EC–5922. A communication from the Pro- Senate on April 18, 2012; to the Committee on 2012; to the Committee on Commerce, gram Manager, Centers for Disease Control, Commerce, Science, and Transportation. Science, and Transportation. Department of Health and Human Services, EC–5906. A communication from the Acting EC–5914. A communication from the Acting transmitting, pursuant to law, the report of Deputy Assistant Administrator for Regu- Director, Office of Sustainable Fisheries, De- a rule entitled ‘‘World Trade Center Health latory Programs, National Marine Fisheries partment of Commerce, transmitting, pursu- Program Requirements for the Addition of Service, Department of Commerce, transmit- ant to law, the report of a rule entitled New WTC-Related Health Conditions’’ ting, pursuant to law, the report of a rule en- ‘‘Fisheries of the Economic Exclusive Zone (RIN0920–AA45) received in the Office of the titled ‘‘Pacific Halibut Fisheries; Catch Off Alaska; Shallow-Water Species Fishery President of the Senate on April 25, 2012; to by Vessels Using Trawl Gear in the Gulf of Sharing Plan’’ (RIN0648–BB68) received in the Committee on Health, Education, Labor, Alaska’’ (RIN0648–XB122) received in the Of- the Office of the President of the Senate on and Pensions. April 19, 2012; to the Committee on Com- fice of the President of the Senate on April EC–5923. A communication from the Fed- merce, Science, and Transportation. 19, 2012; to the Committee on Commerce, eral Register Liaison Officer, Alcohol and EC–5907. A communication from the Acting Science, and Transportation. Tobacco Tax and Trade Bureau, Department EC–5915. A communication from the Acting Deputy Assistant Administrator for Regu- of the Treasury, transmitting, pursuant to Director, Office of Sustainable Fisheries, De- latory Programs, National Marine Fisheries law, the report of a rule entitled ‘‘Disclosure partment of Commerce, transmitting, pursu- Service, Department of Commerce, transmit- of Cochineal Extract and Carmine in the La- ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- beling of Wines, Distilled Spirits, and Malt ‘‘Fisheries of the Exclusive Economic Zone titled ‘‘Fisheries of the Northeastern United Beverages’’ (RIN1513–AB79) received in the Off Alaska; Pollock in Statistical Area 610 in States; Atlantic Sea Scallop Fishery; Frame- the Gulf of Alaska’’ (RIN0648–XB149) received Office of the President of the Senate on April work Adjustment 23’’ (RIN0648–BB51) re- in the Office of the President of the Senate 25, 2012; to the Committee on the Judiciary. ceived in the Office of the President of the on April 19, 2012; to the Committee on Com- f Senate on April 19, 2012; to the Committee on merce, Science, and Transportation. Commerce, Science, and Transportation. EC–5916. A communication from the Acting REPORTS OF COMMITTEES EC–5908. A communication from the Acting Director, Office of Sustainable Fisheries, De- The following reports of committees Deputy Assistant Administrator for Regu- partment of Commerce, transmitting, pursu- latory Programs, National Marine Fisheries were submitted: ant to law, the report of a rule entitled By Mr. KOHL, from the Committee on Ap- Service, Department of Commerce, transmit- ‘‘Fisheries of the Exclusive Economic Zone ting, pursuant to law, the report of a rule en- propriations, without amendment: Off Alaska; Pacific Cod for American Fish- S. 2375. An original bill making appropria- titled ‘‘Fisheries of the Northeastern United eries Act Catcher/Processors Using Trawl States; Northeast Multispecies Fishery Man- tions for Agriculture, Rural Development, Gear in the Bering Sea and Aleutian Islands Food and Drug Administration, and related agement Plan; Secretarial Amendment’’ Management Area’’ (RIN0648–XB136) received (RIN0648–BB39) received in the Office of the Agencies programs for the fiscal year ending in the Office of the President of the Senate September 30, 2013, and for other purposes President of the Senate on April 19, 2012; to on April 19, 2012; to the Committee on Com- the Committee on Commerce, Science, and (Rept. No. 112–163). merce, Science, and Transportation. By Mrs. FEINSTEIN, from the Committee Transportation. EC–5917. A communication from the Acting EC–5909. A communication from the Acting on Appropriations, without amendment: Director, Office of Sustainable Fisheries, De- S. 2465. An original bill making appropria- Deputy Assistant Administrator for Regu- partment of Commerce, transmitting, pursu- tions for energy and water development and latory Programs, National Marine Fisheries ant to law, the report of a rule entitled related agencies for the fiscal year ending Service, Department of Commerce, transmit- ‘‘Fisheries of the Exclusive Economic Zone September 30, 2013, and for other purposes ting, pursuant to law, the report of a rule en- Off Alaska; Pacific Cod by Catcher Vessels (Rept. No. 112–164). titled ‘‘Fisheries of the Exclusive Economic Using Trawl Gear in the Bering Sea and By Mr. KERRY, from the Committee on Zone Off Alaska; Bering Sea and Aleutian Is- Aleutian Islands Management Area’’ Foreign Relations, without amendment: lands; Final 2012 and 2013 Harvest Specifica- (RIN0648–XB118) received in the Office of the H.R. 1016. A bill to measure the progress of tions’’ (RIN0648–XA758) received in the Office President of the Senate on April 19, 2012; to relief, recovery, reconstruction, and develop- of the President of the Senate on April 19, the Committee on Commerce, Science, and ment efforts in Haiti following the earth- 2012; to the Committee on Commerce, Transportation. quake of January 12, 2010, and for other pur- Science, and Transportation. EC–5918. A communication from the Acting poses. EC–5910. A communication from the Acting Director, Office of Sustainable Fisheries, De- By Mr. KERRY, from the Committee on Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- Foreign Relations, without amendment and partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled with a preamble: ant to law, the report of a rule entitled ‘‘2012 ‘‘Fisheries of the Exclusive Economic Zone S. Res. 401. A resolution expressing appre- Accountability Measures for Gulf of Mexico Off Alaska; Pollock in the West Yakutat Dis- ciation for Foreign Service and Civil Service Commercial Greater Amberjack and Closure trict in the Gulf of Alaska’’ (RIN0648–XB113) professionals who represent the United of the Commercial Sector for Greater received in the Office of the President of the States around the globe. Amberjack’’ (RIN0648–XB074) received in the Senate on April 19, 2012; to the Committee on By Mr. KERRY, from the Committee on Office of the President of the Senate on April Commerce, Science, and Transportation. Foreign Relations, without amendment: 19, 2012; to the Committee on Commerce, EC–5919. A communication from the Acting S. 2224. A bill to require the President to Science, and Transportation. Director, Office of Sustainable Fisheries, De- report to Congress on issues related to Syria.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.048 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2820 CONGRESSIONAL RECORD — SENATE April 26, 2012 EXECUTIVE REPORTS OF ceived by the Senate and appeared in the Commission for the term expiring June 30, COMMITTEES Congressional Record on February 16, 2012. 2016. Army nomination of Carol A. Fensand, to *John Robert Norris, of Iowa, to be a Mem- The following executive reports of be Major. ber of the Federal Energy Regulatory Com- nominations were submitted: Army nominations beginning with Kelley mission for the term expiring June 30, 2017. By Mr. LEVIN for the Committee on R. Barnes and ending with David L. Gardner, By Mr. KERRY for the Committee on For- Armed Services. which nominations were received by the Sen- eign Relations. Air Force nomination of Col. Donald S. ate and appeared in the Congressional *Michael A. Raynor, of Maryland, a Career Wenke, to be Brigadier General. Record on March 19, 2012. Member of the Senior Foreign Service, Class Air Force nomination of Lt. Gen. Burton Army nomination of Troy W. Ross, to be of Counselor, to be Ambassador Extraor- M. Field, to be Lieutenant General. Colonel. dinary and Plenipotentiary of the United Air Force nomination of Maj. Gen. Bruce Army nomination of Sean D. Pitman, to be States of America to the Republic of Benin. A. Litchfield, to be Lieutenant General. Major. Nominee Michael A. Raynor. Air Force nomination of Lt. Gen. Charles Army nomination of Walter S. Carr, to be Post Cotonou, Benin. R. Davis, to be Lieutenant General. Major. (The following is a list of all members of Air Force nomination of Maj. Gen. Army nomination of Marc E. Patrick, to be my immediate family and their spouses. I Salvatore A. Angelella, to be Lieutenant Major. have asked each of these persons to inform General. Army nomination of Demetres Williams, me of the pertinent contributions made by Air Force nomination of Maj. Gen. James to be Major. them. To the best of my knowledge, the in- F. Jackson, to be Lieutenant General. Army nominations beginning with Alyssa formation contained in this report is com- Air Force nomination of Maj. Gen. Andrew Adams and ending with Donald L. Potts, plete and accurate.) E. Busch, to be Lieutenant General. which nominations were received by the Sen- Contributions, amount, date, and donee: Army nomination of Colonel Robert P. ate and appeared in the Congressional 1. Self: none. White, to be Brigadier General. Record on March 19, 2012. 2. Spouse: Kathleen M. Raynor: $25, 9/2008, Army nomination of Col. Steven Ferrari, Army nomination of James M. Veazey, Jr., . to be Brigadier General. to be Colonel. 3. Children and Spouses: Bradley J. Army nominations beginning with Col. Army nomination of Shari F. Shugart, to Raynor: none; Emma C. Raynor: none. Kristin K. French and ending with Col. Wal- be Major. 4. Parents: Albert P. Raynor—deceased; ter E. Piatt, which nominations were re- Army nominations beginning with Daniel Margaret B. Raynor—deceased. ceived by the Senate and appeared in the A. Galvin and ending with Thomas J. Sears, 5. Grandparents: Albert B. Raynor—de- Congressional Record on January 23, 2012. which nominations were received by the Sen- ceased; Hazel P. Raynor—deceased; William Army nomination of Lt. Gen. Dennis L. ate and appeared in the Congressional Bradley—deceased; Beatrice Bradley—de- Via, to be General. Record on March 21, 2012. ceased. Army nomination of Col. Todd A. Army nominations beginning with An- 6. Brothers and Spouses: Gregory P. Plimpton, to be Brigadier General. thony R. Camacho and ending with Richard Raynor—none; Geoffrey B. Raynor—de- Army nomination of Maj. Gen. Patricia E. J. Sloma, which nominations were received ceased. McQuistion, to be Lieutenant General. by the Senate and appeared in the Congres- 7. Sisters and Spouses: Catherine L. Army nomination of Maj. Gen. Raymond sional Record on March 21, 2012. Raynor—none. P. Palumbo, to be Lieutenant General. Army nominations beginning with James Army nomination of Lt. Gen. Robert P. M. Bledsoe and ending with Daniel J. Young, *Scott H. DeLisi, of Minnesota, a Career Lennox, to be Lieutenant General. which nominations were received by the Sen- Member of the Senior Foreign Service, Class Army nomination of Maj. Gen. Robert B. ate and appeared in the Congressional of Minister-Counselor, to be Ambassador Ex- Brown, to be Lieutenant General. Record on March 21, 2012. traordinary and Plenipotentiary of the Army nomination of Maj. Gen. Jeffrey W. Army nominations beginning with John R. United States of America to the Republic of Talley, to be Lieutenant General. Abella and ending with D010584, which nomi- Uganda. Navy nomination of Capt. Eric C. Young, nations were received by the Senate and ap- Nominee: Scott H. DeLisi. to be Rear Admiral (lower half). peared in the Congressional Record on March Post: Kampala, Uganda. Navy nomination of Rear Adm. (lh) Terry 21, 2012. (The following is a list of all members of B. Kraft, to be Rear Admiral. Army nominations beginning with Drew Q. my immediate family and their spouses. I Navy nomination of Rear Adm. (lh) Bryan Abell and ending with G010092, which nomi- have asked each of these persons to inform P. Cutchen, to be Rear Admiral. nations were received by the Senate and ap- me of the pertinent contributions made by Navy nomination of Rear Adm. (lh) Jona- peared in the Congressional Record on March them. To the best of my knowledge, the in- than W. White, to be Rear Admiral. 21, 2012. formation contained in this report is com- Navy nominations beginning with Rear Army nominations beginning with Edward plete and accurate.) Adm. (lh) Richard P. Breckenridge and end- C. Adams and ending with D011050, which Contributions, amount, date, and donee: ing with Rear Adm. (lh) Herman A. nominations were received by the Senate and 1. Self $112.58, Oct. 2008, Obama Presi- Shelanski, which nominations were received appeared in the Congressional Record on dential Campaign ’08; $20.00, Dec. 2011, by the Senate and appeared in the Congres- March 21, 2012. Obama for America. sional Record on March 19, 2012. Marine Corps nomination of Juan M. Ortiz, 2. Spouse: Leija C. DeLisi: $80.00, Oct. 2008, Navy nomination of Vice Adm. Mark I. Jr., to be Lieutenant Colonel. Obama Presidential Campaign ’08. Fox, to be Vice Admiral. Navy nomination of David T. Carpenter, to 3. Children and Spouses: Daughter/Son-in- Mr. LEVIN. Mr. President, for the be Captain. law: Tjama & Joe Saitta: $75.00, Oct. 2008, Committee on Armed Services I report Navy nomination of Michael Junge, to be Obama Presidential Campaign ’08; Son: An- thony DeLisi: $120.00, Oct. 2008, Obama Presi- favorably the following nomination Captain. Navy nomination of Marc E. Bernath, to be dential Campaign ’08; Son: Joe DeLisi: None. lists which were printed in the Commander. 4. Parents: Glorie A. DeLisi: $75.00, Oct. RECORDS on the dates indicated, and Navy nomination of Steven A. Khalil, to be 2008, Obama Presidential Campaign ’08; Jo- ask unanimous consent, to save the ex- Lieutenant Commander. seph DeLisi (deceased), none. pense of reprinting on the Executive Navy nomination of Ashley A. Hockycko, 5. Grandparents: Agostino & Antonella Calendar that these nominations lie at to be Lieutenant Commander. DeLisi (deceased), none; Elmer & Katherine the Secretary’s desk for the informa- Navy nomination of Jason A. Langham, to Minea (deceased), none. 6. Brothers and Spouses: Andrew & Ida tion of Senators. be Commander. Navy nomination of Will J. Chambers, to DeLisi: none; Daniel (deceased) & Jill DeLisi: The PRESIDING OFFICER. Without be Commander. none. objection, it is so ordered. Navy nominations beginning with Patrick 7. Sisters and Spouses: Sister: Deborah Air Force nominations beginning with Jen- J. Fox, Jr. and ending with Leslie H. Trippe, Hannigan: $2,200.00, Oct. 2008, Obama Presi- nifer M. Agulto and ending with Kathryn W. which nominations were received by the Sen- dential Campaign ’08; Brother-in-Law: James Weiss, which nominations were received by ate and appeared in the Congressional Hannigan: $500.00, Oct. 2008, Obama Presi- the Senate and appeared in the Congres- Record on March 21, 2012. dential Campaign ’08; Christine & Edmond sional Record on February 16, 2012. By Mr. BINGAMAN for the Committee on Perz: none; Martha & David Bogie: none. Air Force nominations beginning with Energy and Natural Resources. Mario Abejero and ending with Carl R. *Marcilynn A. Burke, of North Carolina, to *Makila James, of the District of Colum- Young, Jr., which nominations were received be an Assistant Secretary of the Interior. bia, a Career Member of the Senior Foreign by the Senate and appeared in the Congres- *Adam E. Sieminski, of Pennsylvania, to Service, Class of Counselor, to be Ambas- sional Record on February 16, 2012. be Administrator of the Energy Information sador Extraordinary and Plenipotentiary of Air Force nominations beginning with Administration. the United States of America to the King- Richard E. Aaron and ending with Eric D. *Anthony T. Clark, of North Dakota, to be dom of Swaziland. Zimmerman, which nominations were re- a Member of the Federal Energy Regulatory Nominee: Makila James

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.051 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2821 Post: Swaziland INTRODUCTION OF BILLS AND By Mr. ROCKEFELLER: (The following is a list of all members of JOINT RESOLUTIONS S. 2382. A bill to suspend temporarily the my immediate family and their spouses. I duty on mixtures containing methyl 4-({[(3- have asked each of these persons to inform The following bills and joint resolu- methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4- me of the pertinent contributions made by tions were introduced, read the first triazol-1-yl)carbonyl]-amino}sulfonyl)-5- them. To the best of my knowledge, the in- and second times by unanimous con- methylthiophene-3-carboxylate, isoxaflutole, formation contained in this report is com- sent, and referred as indicated: and cyprosulfamide; to the Committee on Fi- nance. plete and accurate.) By Mr. WHITEHOUSE (for himself and By Mr. ROCKEFELLER: Contributions, amount, date, and donee: Mr. GRASSLEY): 1. Self: none. S. 2383. A bill to modify and extend the S. 2370. A bill to amend title 11, United temporary reduction of duty on mixtures of 2. Spouse: $100.00, 2008, Barak Obama. States Code, to make bankruptcy organiza- 3. Children and Spouses: Louis Wells imidacloprid with application adjuvants; to tion more efficient for small business debt- the Committee on Finance. (spouse) ors, and for other purposes; to the Com- 4. Parents: Eddie Mae James (mother) and By Mr. ROCKEFELLER: mittee on the Judiciary. S. 2384. A bill to reduce temporarily the Albert James (father) both deceased. By Mr. RUBIO (for himself, Mr. VIT- duty on mixtures containing Imidacloprid 5. Grandparents: Cora Lester (grand- TER, Mr. DEMINT, and Mr. LEE): and cyfluthrin or its B-cyfluthrin isomer; to mother); Lucius Lester (grandfather), Nellie S. 2371. A bill to amend the National Labor the Committee on Finance. James (grandmother), and Tal James (grand- Relations Act to permit employers to pay By Mr. ROCKEFELLER: father)—all deceased. higher wages to their employees; to the Com- S. 2385. A bill to suspend temporarily the 6. Brothers and Spouses: Albert James mittee on Health, Education, Labor, and duty on Imidacloprid; to the Committee on (brother) and Avonell James (sister-in-law): Pensions. Finance. none. By Mr. BURR (for himself and Mrs. By Mr. ROCKEFELLER: 7. Sisters and Spouses: Names: Helen Gar- HAGAN): S. 2386. A bill to reduce temporarily the rett (sister): none. Rosetta James (sister): S. 2372. A bill to authorize pedestrian and duty on Penflufen; to the Committee on Fi- $247.00, 2008, Hillary Clinton for President; motorized vehicular access in Cape Hatteras nance. $205.00, 2008, Obama Victory Fund; Patricia National Seashore Recreational Area, and By Mr. PRYOR: Boatner (sister) and Arnold Boatner (broth- for other purposes; to the Committee on En- S. 2387. A bill to amend the Food, Con- er-in-law): none; Cynthia Jenkins (sister): ergy and Natural Resources. servation, and Energy Act of 2008 to require none; Linda James (sister): none; Lisa Wise By Mr. VITTER: the Secretary of Agriculture to acknowledge (sister) and Tony Wise (brother-in-law): S. 2373. A bill to improve the consideration that the Department is considering or reject- none; Felice James (sister): none. by the Securities and Exchange Commission ing a civil rights claim not later than 45 days Mr. KERRY. Mr. President, for the of the costs and benefits of its regulations after receipt of the claim and, once consid- Committee on Foreign Relations I re- and orders; to the Committee on Banking, ering a claim, to process all civil rights com- Housing, and Urban Affairs. plaints within 270 days; to the Committee on port favorably the following nomina- By Mr. BINGAMAN (for himself, Mr. Agriculture, Nutrition, and Forestry. tion lists which were printed in the BARRASSO, Mr. WYDEN, and Mr. ENZI): By Mr. BEGICH (for himself, Mr. RECORDS on the dates indicated, and S. 2374. A bill to amend the Helium Act to INOUYE, Ms. SNOWE, Ms. MURKOWSKI, ask unanimous consent, to save the ex- ensure the expedient and responsible draw- and Mr. WHITEHOUSE): pense of reprinting on the Executive down of the Federal Helium Reserve in a S. 2388. A bill to reauthorize and amend the Calendar that these nominations lie at manner that protects the interests of private National Oceanic and Atmospheric Adminis- industry, the scientific, medical, and indus- tration Commissioned Officer Corps Act of the Secretary’s desk for the informa- 2002, and for other purposes; to the Com- tion of Senators. trial communities, commercial users, and Federal agencies, and for other purposes; to mittee on Commerce, Science, and Transpor- The PRESIDING OFFICER. Without the Committee on Energy and Natural Re- tation. objection, it is so ordered. sources. By Mr. BEGICH (for himself, Ms. MUR- Foreign Service nominations beginning By Mr. KOHL: KOWSKI, Mr. TESTER, and Mr. CRAPO): with Robert E. Drapcho and ending with S. 2375. An original bill making appropria- S. 2389. A bill to deem the submission of Robert P. Schmidt, Jr., which nominations tions for Agriculture, Rural Development, certain claims to an Indian Health Service contracting officer as timely; to the Com- were received by the Senate and appeared in Food and Drug Administration, and related mittee on Indian Affairs. the Congressional Record on February 13, Agencies programs for the fiscal year ending September 30, 2013, and for other purposes; By Mr. GRAHAM: 2012. S. 2390. A bill to direct the Attorney Gen- from the Committee on Appropriations; Foreign Service nominations beginning eral to revise certain rules under titles II placed on the calendar. with Kathryn E. Abate and ending with Tim- and III of the Americans with Disabilities By Ms. SNOWE (for herself and Ms. othy J. Riley, which nominations were re- Act of 1990 relating to accessible means of ceived by the Senate and appeared in the CANTWELL): S. 2376. A bill to recognize and clarify the entry to pools; to the Committee on Health, Congressional Record on February 29, 2012. Education, Labor, and Pensions. By Mr. LEAHY for the Committee on the authority of the States to regulate air ambu- lance medical standards pursuant to their By Mrs. SHAHEEN: Judiciary. S. 2391. A bill to extend the temporary sus- authority over the regulation of health care Gonzalo P. Curiel, of California, to be pension of duty on bitolylene diisocyanate; services within their borders, and for other United States District Judge for the South- to the Committee on Finance. purposes; to the Committee on Commerce, ern District of California. By Mr. CARDIN: Robert J. Shelby, of Utah, to be United Science, and Transportation. S. 2392. A bill to suspend temporarily the States District Judge for the District of By Mrs. GILLIBRAND: duty on ginger extracted oleoresin; to the Utah. S. 2377. A bill to provide to the Adminis- Committee on Finance. Michael P. Shea, of Connecticut, to be trator of the Animal and Plant Health In- By Mr. CARDIN: United States District Judge for the District spection Service of the Department of Agri- S. 2393. A bill to suspend temporarily the of Connecticut. culture expedited authority to remove geese duty on celery extracted oleoresin; to the By Mrs. MURRAY for the Committee on that threaten aircraft; to the Committee on Committee on Finance. Veterans’ Affairs. Agriculture, Nutrition, and Forestry. By Mr. CARDIN: *Margaret Bartley, of Maryland, to be a By Mr. ROCKEFELLER: S. 2394. A bill to suspend temporarily the Judge of the United States Court of Appeals S. 2378. A bill to suspend temporarily the duty on capsicum extracted oleoresin; to the for Veterans Claims for the term of fifteen duty on vacuum-grade ferroniobium or Committee on Finance. years. ferrocolombium; to the Committee on Fi- By Mr. CARDIN: *Coral Wong Pietsch, of Hawaii, to be a nance. S. 2395. A bill to suspend temporarily the Judge of the United States Court of Appeals By Mr. ROCKEFELLER: duty on cassia extracted oleoresin; to the S. 2379. A bill to reduce temporarily the for Veterans Claims for the term of fifteen Committee on Finance. duty on manganese flake containing at least years. By Mr. CARDIN: 99.5 percent by weight of manganese; to the S. 2396. A bill to suspend temporarily the *Nomination was reported with rec- Committee on Finance. duty on turmeric extracted oleoresin; to the ommendation that it be confirmed sub- By Mr. ROCKEFELLER: Committee on Finance. ject to the nominee’s commitment to S. 2380. A bill to reduce temporarily the By Mr. CARDIN: respond to requests to appear and tes- duty on ferroniobium; to the Committee on S. 2397. A bill to suspend temporarily the tify before any duly constituted com- Finance. duty on white pepper extracted oleoresin; to By Mr. ROCKEFELLER: mittee of the Senate. the Committee on Finance. S. 2381. A bill to suspend temporarily the By Mr. CARDIN: (Nominations without an asterisk duty on mixtures containing imidacloprid S. 2398. A bill to suspend temporarily the were reported with the recommenda- and thiodicarb; to the Committee on Fi- duty on black pepper extracted oleoresin; to tion that they be confirmed.) nance. the Committee on Finance.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.061 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2822 CONGRESSIONAL RECORD — SENATE April 26, 2012 By Mrs. MURRAY: By Mr. SCHUMER: (TPX) with 4-methyl-1-pentene; to the Com- S. 2399. A bill to suspend temporarily the S. 2416. A bill to extend the temporary sus- mittee on Finance. duty on sports footwear for persons other pension of duty on certain brass lamp-holder By Mr. SCHUMER: than men or women, valued at $12/pair or housings; to the Committee on Finance. S. 2436. A bill to extend the temporary sus- higher, other than ski-boots, cross-country By Mr. SCHUMER: pension of duty on cyanuric chloride; to the ski footwear and snowboard boots; to the S. 2417. A bill to suspend temporarily the Committee on Finance. Committee on Finance. duty on certain occupancy sensors; to the By Mr. SCHUMER: By Mrs. MURRAY: Committee on Finance. S. 2437. A bill to extend the temporary sus- S. 2400. A bill to suspend temporarily the By Mr. SCHUMER: pension of duty on sodium hypophosphite duty on sports footwear for men (other than S. 2418. A bill to suspend temporarily the monohydrate; to the Committee on Finance. ski-boots, cross-country ski footwear and duty on certain electrical connectors; to the By Mr. SCHUMER: snowboard boots), valued $12/pair or higher, Committee on Finance. S. 2438. A bill to extend the temporary sus- with spikes; to the Committee on Finance. By Mr. SCHUMER: pension of duty on sorbic acid; to the Com- By Mrs. MURRAY: S. 2419. A bill to suspend temporarily the mittee on Finance. S. 2401. A bill to suspend temporarily the duty on certain time switches; to the Com- By Mr. SCHUMER: duty on sports footwear for women (other mittee on Finance. S. 2439. A bill to renew the temporary sus- than ski-boots, cross-country ski footwear, By Mr. SCHUMER: pension of duty on potassium sorbate; to the S. 2420. A bill to suspend temporarily the snowboard boots and golf shoes), with spikes; Committee on Finance. duty on certain surge protectors; to the to the Committee on Finance. By Mr. SCHUMER: Committee on Finance. By Mrs. MURRAY: S. 2440. A bill to renew the temporary sus- S. 2402. A bill to suspend temporarily the By Mr. SCHUMER: S. 2421. A bill to suspend temporarily the pension of duty on N-propyl gallate; to the duty on sports footwear for men (other than Committee on Finance. ski-boots, cross-country ski footwear, duty on certain tamper resistant ground fault circuit interrupters; to the Committee By Mr. SCHUMER: snowboard boots and golf shoes), with spikes; S. 2441. A bill to suspend temporarily the to the Committee on Finance. on Finance. By Mr. SCHUMER: duty on thiourea dioxide; to the Committee By Mrs. MURRAY: on Finance. S. 2403. A bill to suspend temporarily the S. 2422. A bill to suspend temporarily the duty on certain adjustable metal lighting By Mr. SCHUMER: duty on sports footwear for persons other fixtures; to the Committee on Finance. S. 2442. A bill to suspend temporarily the than men (other than ski-boots, cross-coun- By Mr. SCHUMER: duty on 12-hydroxystearic acid; to the Com- try ski footwear and snowboard boots), val- S. 2423. A bill to suspend temporarily the mittee on Finance. ued $12/pair or higher, with spikes; to the duty on nightlights of plastic; to the Com- By Mr. SCHUMER: Committee on Finance. mittee on Finance. S. 2443. A bill to suspend temporarily the By Mr. KOHL (for himself and Mr. By Mr. SCHUMER: duty on sodium ferrocyanide; to the Com- JOHNSON of Wisconsin): S. 2424. A bill to extend the temporary sus- mittee on Finance. S. 2404. A bill to authorize the award of the pension of duty on mixtures containing n- By Mr. SCHUMER: Medal of Honor to First Lieutenant Alonzo butyl-1,2-benzisothiazolin-3-one, 1- S. 2444. A bill to reduce temporarily the H. Cushing for acts of valor during the Civil hydroxypyridine-2-thione, zinc salt, and ap- duty on certain ceramic frit rings; to the War; to the Committee on Armed Services. plication adjuvants; to the Committee on Fi- Committee on Finance. By Mr. LIEBERMAN: nance. By Mr. SCHUMER: S. 2405. A bill to suspend temporarily the By Mr. SCHUMER: S. 2445. A bill to reduce temporarily the duty on thermoplastic biodegradable poly- S. 2425. A bill to extend the temporary sus- duty on certain metal iodide pellets; to the mer blend; to the Committee on Finance. pension of duty on mixtures containing n- Committee on Finance. By Mr. LIEBERMAN: butyl-1,2-benzisothiazolin-3-one and applica- By Mr. SCHUMER: S. 2406. A bill to suspend temporarily the tion adjuvants; to the Committee on Fi- S. 2446. A bill to suspend temporarily the duty on thermoplastic biodegradable poly- nance. duty on leather footwear for women with up- mer blend; to the Committee on Finance. By Mr. SCHUMER: pers other than of pigskin, valued $35/pair or By Mr. LIEBERMAN: S. 2426. A bill to suspend temporarily the higher; to the Committee on Finance. S. 2407. A bill to suspend temporarily the duty on p-toluenesulfonamide; to the Com- By Mr. SCHUMER: duty on thermoplastic biodegradable poly- mittee on Finance. S. 2447. A bill to suspend temporarily the mer blend; to the Committee on Finance. By Mr. SCHUMER: duty on leather footwear for women with up- By Mr. SCHUMER: S. 2427. A bill to suspend temporarily the pers other than of pigskin (other than house S. 2408. A bill to suspend temporarily the duty on instant print film for analog photog- slippers, work footwear, tennis shoes, bas- duty on lenses for digital cameras with a raphy; to the Committee on Finance. ketball shoes and the like), valued $20/pair or focal length 55 mm or more but not over 300 By Mr. SCHUMER: higher; to the Committee on Finance. mm; to the Committee on Finance. S. 2428. A bill to suspend temporarily the By Mr. SCHUMER: By Mr. SCHUMER: duty on cyflufenamid; to the Committee on S. 2448. A bill to suspend temporarily the S. 2409. A bill to suspend temporarily the Finance. duty on lightweight digital camera lenses duty on footwear for women (other than By Mr. SCHUMER: house slippers, tennis shoes, basketball measuring approximately 10 mm or more; to S. 2429. A bill to extend the temporary sus- the Committee on Finance. shoes, gym shoes, training shoes and the like pension of duty on tebufenozide; to the Com- and other than work footwear), valued $15/ By Mr. SCHUMER: mittee on Finance. S. 2410. A bill to suspend temporarily the pair or higher; to the Committee on Finance. By Mr. SCHUMER: By Mr. SCHUMER: duty on lightweight digital camera lenses S. 2430. A bill to extend the temporary re- S. 2449. A bill to suspend temporarily the measuring approximately 70mm or more; to duction of duty on Acetamiprid, whether or duty on nonenumerated footwear for women, the Committee on Finance. not mixed with application adjuvants; to the valued $25/pair or higher; to the Committee By Mr. SCHUMER: Committee on Finance. on Finance. S. 2411. A bill to suspend temporarily the By Mr. SCHUMER: duty on lightweight digital camera lenses S. 2431. A bill to extend the temporary sus- By Mr. SCHUMER: S. 2450. A bill to suspend temporarily the measuring approximately 55 mm or more; to pension of duty on cis-3-hexen-1-ol; to the the Committee on Finance. Committee on Finance. duty on nonenumerated footwear with tex- By Mr. SCHUMER: By Mr. SCHUMER: tile uppers for women, other than house slip- S. 2412. A bill to extend the temporary sus- S. 2432. A bill to extend the temporary sus- pers, valued $13/pair or higher; to the Com- pension of duty on certain digital camera pension of duty on Helional; to the Com- mittee on Finance. lenses not exceeding 765.5 grams in weight; mittee on Finance. By Mr. SCHUMER: to the Committee on Finance. By Mr. SCHUMER: S. 2451. A bill to suspend temporarily the By Mr. SCHUMER: S. 2433. A bill to extend the temporary sus- duty on footwear other than house slippers, S. 2413. A bill to extend temporary suspen- pension of duty on magnesium zinc alu- for women, valued $9.00/pair or higher; to the sion of duty on certain plastic lamp-holder minum hydroxide carbonate coated with ste- Committee on Finance. housings; to the Committee on Finance. aric acid; to the Committee on Finance. By Mr. SCHUMER: By Mr. SCHUMER: By Mr. SCHUMER: S. 2452. A bill to suspend temporarily the S. 2414. A bill to extend the temporary sus- S. 2434. A bill to extend the temporary sus- duty on women’s belts of leather or composi- pension of duty on certain porcelain lamp- pension of duty on magnesium aluminum hy- tion leather, each valued $7.00 or higher; to holder housings; to the Committee on Fi- droxide carbonate (synthetic hydrotalcite) the Committee on Finance. nance. and magnesium aluminum hydroxide car- By Mr. SCHUMER: By Mr. SCHUMER: bonate (synthetic hydrotalcite) coated with S. 2453. A bill to suspend temporarily the S. 2415. A bill to extend the temporary sus- stearic acid; to the Committee on Finance. duty on necklaces or bracelets, other than pension of duty on certain aluminum lamp- By Mr. SCHUMER: necklaces or bracelets containing jadeites or holder housings; to the Committee on Fi- S. 2435. A bill to extend the temporary sus- rubies, valued $10 each or higher; to the nance. pension of duty on C12-18 alkenes, polymers Committee on Finance.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.063 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2823 By Mr. SCHUMER: purposes; to the Committee on Homeland Se- By Mr. BROWN of Ohio: S. 2454. A bill to suspend temporarily the curity and Governmental Affairs. S. 2483. A bill to suspend temporarily the duty on imitation jewelry earrings; to the By Mr. PAUL (for himself and Mr. duty on 1,3-propanediaminium, N-[3- Committee on Finance. UDALL of Colorado): [[[dimethyl[3- [2-methyl-1- oxo-2- propenyl) By Mr. SCHUMER: S. 2470. A bill to amend title 13, United amino] propyl] ammonio] acetyl]amino] S. 2455. A bill to suspend temporarily the States Code, to provide for the more accu- propyl] -2- hydroxy- N,N,N’,N’,N’- duty on imitation jewelry necklaces or rate and complete enumeration of members pentamethyl-, trichloride, polymer with 2- bracelets, valued $10 each or higher; to the of the Armed Forces in any tabulation of propenamide; to the Committee on Finance. Committee on Finance. total population by the Secretary of Com- By Mr. BROWN of Ohio: By Mr. SCHUMER: merce, and for other purposes; to the Com- S. 2484. A bill to suspend temporarily the S. 2456. A bill to extend the temporary sus- mittee on Homeland Security and Govern- duty on p-toluidine; to the Committee on Fi- pension of duty on sodium hypophosphite mental Affairs. nance. monohydrate; to the Committee on Finance. By Mr. HATCH (for himself and Mr. By Mr. BROWN of Ohio: By Mr. SCHUMER: LEE): S. 2485. A bill to suspend temporarily the S. 2457. A bill to suspend temporarily the S. 2471. A bill to provide for the convey- duty on certain plastic laminate sheets con- duty on anatase titanium dioxide; to the ance of a small parcel of National Forest sisting of layers of polyethylene film, poly- Committee on Finance. System land in the Uinta-Wasatch-Cache Na- ethylene coextrusion copolymer of low den- By Mr. SCHUMER: tional Forest in Utah to Brigham Young sity polyethylene and ethylene acrylic acid, S. 2458. A bill to suspend temporarily the University, and for other purposes; to the and aluminum foil; to the Committee on Fi- duty on germanium unwrought; to the Com- Committee on Energy and Natural Re- nance. mittee on Finance. sources. By Mr. BROWN of Ohio: By Mr. SCHUMER: By Mr. CASEY (for himself and Mr. S. 2486. A bill to suspend temporarily the S. 2459. A bill to suspend temporarily the ISAKSON): duty on Ethylene-Propylene polymer; to the duty on germanium oxides; to the Com- S. 2472. A bill to provide for the issuance Committee on Finance. mittee on Finance. and sale of a semipostal by the United States By Mr. BROWN of Ohio: By Mr. SCHUMER: Postal Service for research and demonstra- S. 2487. A bill to suspend temporarily the S. 2460. A bill to suspend temporarily the tion projects relating to autism spectrum duty on 2-cyclo-hexylidene-2-phenyl-acetoni- duty on gallium unwrought; to the Com- disorders; to the Committee on Homeland trile; to the Committee on Finance. Security and Governmental Affairs. mittee on Finance. By Mr. BROWN of Ohio: By Mr. LEE (for himself, Mr. BAR- By Mr. SCHUMER: S. 2488. A bill to reduce temporarily the S. 2461. A bill to renew and modify the RASSO, Ms. MURKOWSKI, Mr. PAUL, duty on frames and mountings for spec- temporary suspension of duty on certain low and Mr. HATCH): tacles, goggles, or the like; to the Com- S. 2473. A bill to prohibit the establishment expansion stoppers, lids, and other closures; mittee on Finance. of new units of the National Forest System, to the Committee on Finance. By Mr. BROWN of Ohio: National Park System, National Wildlife S. 2489. A bill to extend the temporary sus- By Mr. SCHUMER: Refuge System, National Wild and Scenic S. 2462. A bill to renew and modify the pension of duty on mixtures of caprolactam Rivers System, National Trails System, Na- disulfide with an elastomer binder of ethyl- temporary reduction of duty on certain low tional Wilderness Preservation System, or expansion laboratory glassware; to the Com- ene-propylene-diene monomer and ethyl any other system established by Federal law, vinyl acetate, and dispersing agents; to the mittee on Finance. or any national conservation or national By Mr. LEVIN: Committee on Finance. recreation area without approval of the ap- By Mr. BROWN of Ohio: S. 2463. A bill to suspend temporarily the plicable State legislature; to the Committee duty on fireworks (Class 1 .4G), other than S. 2490. A bill to suspend temporarily the on Energy and Natural Resources. duty on 3-trifluoromethyl-4-nitrophenol; to display or special fireworks; to the Com- By Mr. AKAKA (for himself and Mr. mittee on Finance. the Committee on Finance. INOUYE): By Mr. BROWN of Ohio: By Mr. LEVIN: S. 2474. A bill to improve the health of mi- S. 2464. A bill to suspend temporarily the S. 2491. A bill to extend the temporary sus- nority individuals, and for other purposes; to pension of duty on Copper Phthalocyanine duty on display or special fireworks (Class the Committee on Health, Education, Labor, 1.3G); to the Committee on Finance. Green 7, Crude; to the Committee on Fi- and Pensions. nance. By Mrs. FEINSTEIN: By Mr. BROWN of Ohio: S. 2465. An original bill making appropria- By Mr. BROWN of Ohio: S. 2475. A bill to extend the temporary sus- S. 2492. A bill to suspend temporarily the tions for energy and water development and pension of duty on Mixtures of N’-(3,4- duty on sodium thiocyanate; to the Com- related agencies for the fiscal year ending dichloro-phenyl)-N,Ndimethylurea with ac- mittee on Finance. September 30, 2013, and for other purposes; rylate rubber; to the Committee on Finance. By Mr. BROWN of Ohio: from the Committee on Appropriations; By Mr. BROWN of Ohio: S. 2493. A bill to suspend temporarily the placed on the calendar. S. 2476. A bill to suspend temporarily the duty on 1,3,5-triazine-2,4,6-triamine, polymer By Mr. TESTER: duty on mixture of 1-(1,2,3,4,5,6,7,8- with formaldehyde; to the Committee on Fi- S. 2466. A bill to amend title 10, United octahydro-2,3,8,8-tetramethyl-2- nance. States Code, to authorize the provision of be- naphthalenyl)-ethan-1-one (and isomers); to By Mr. BROWN of Ohio: the Committee on Finance. havioral health readiness services to certain S. 2494. A bill to renew the temporary sus- By Mr. BROWN of Ohio: members of the Selected Reserve of the pension of duty on 2-oxepanone, polymer S. 2477. A bill to suspend temporarily the Armed Forces based on need, and for other with aziridine and tetrahydro-2H-pyran-2- purposes; to the Committee on Armed Serv- duty on certain warp knit open-work fabric; to the Committee on Finance. one, dodecanoate ester; to the Committee on ices. Finance. By Mr. LEVIN (for himself and Mr. By Mr. BROWN of Ohio: S. 2478. A bill to extend the temporary sus- By Mr. BROWN of Ohio: MCCAIN) (by request): S. 2495. A bill to suspend temporarily the S. 2467. A bill to authorize appropriations pension of duty on 4,8-dicyclohexyl -6-2,10-di- methyl -12 H-dibenzo[d,g][1,3,2]- duty on certain clearcoat lacquer; to the for fiscal year 2013 for military activities of Committee on Finance. the Department of Defense and for military dioxaphosphocin); to the Committee on Fi- nance. By Mr. BROWN of Ohio: construction, to prescribe military personnel S. 2496. A bill to extend the temporary sus- strengths for fiscal year 2013, and for other By Mr. BROWN of Ohio: S. 2479. A bill to extend the temporary sus- pension of duty on mixtures of zinc purposes; to the Committee on Armed Serv- pension of duty on o-Chloro-p-toluidine (3- dicyanato diamine with an elastomer binder ices. chloro-4-methylaniline); to the Committee of ethylene-propylene-diene monomer and By Mr. BINGAMAN (for himself and on Finance. ethyl vinyl acetate, and dispersing agents; to Mr. UDALL of New Mexico): By Mr. BROWN of Ohio: the Committee on Finance. S. 2468. A bill to establish the Columbine- S. 2480. A bill to suspend tempoarily the By Mr. BROWN of Ohio: Hondo Wilderness in the State of New Mex- duty on 4-vinylbenzenesulfonic acid, lithium S. 2497. A bill to suspend temporarily the ico, to provide for the conveyance of certain salt; to the Committee on Finance. duty on mixtures of polyethylene glycol, parcels of National Forest System land in By Mr. BROWN of Ohio: C16–C18 fatty acids, and C2–C6 aliphatic hy- the State, and for other purposes; to the S. 2481. A bill to extend the temporary sus- drocarbons; to the Committee on Finance. Committee on Energy and Natural Re- pension of duty on 1-octadecanaminium, By Mr. BROWN of Ohio: sources. N,N-dimethyl-N-octadecyl-,(Sp-4-2)-[29H,31H- S. 2498. A bill to extend the temporary sus- By Mr. HELLER: phthalocyanine-2-sulfonato(3-)- pension of duty on 4,4’-oxydiphthalic anhy- S. 2469. A bill to prohibit an agency or de- kN29,kN30,kN31, kN32]cuprate(1-); to the dride; to the Committee on Finance. partment of the United States from estab- Committee on Finance. By Mr. BROWN of Ohio: lishing or implementing an internal policy By Mr. BROWN of Ohio: S. 2499. A bill to suspend temporarily the that discourages or prohibits the selection of S. 2482. A bill to suspend temporarily the duty on a mixture of alkali metal phenate, a resort or vacation destination as the loca- duty on 4-vinylbenzenesulfonic acid, sodium mineral oil, and p-Dodecylphenol; to the tion for a conference or event, and for other salt hydrate; to the Committee on Finance. Committee on Finance.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.065 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2824 CONGRESSIONAL RECORD — SENATE April 26, 2012 By Mr. BROWN of Ohio: Star Service Banner Day’’; considered and (Ms. KLOBUCHAR) was added as a co- S. 2500. A bill to extend the temporary sus- agreed to. sponsor of S. 722, a bill to strengthen pension of duty on 3-methyl-4-(2,6,6- By Mr. RUBIO (for himself, Mr. and protect Medicare hospice pro- trimethylcyclohex-2-enyl)but-3-en-2- MCCAIN, Mr. JOHANNS, and Ms. grams. one(Methylionone); to the Committee on Fi- AYOTTE): nance. S. Res. 446. A resolution expressing the S. 750 By Mr. BROWN of Ohio: Senate of the Senate that the United Na- At the request of Mr. DURBIN, the S. 2501. A bill to extend the temporary sus- tions and other intergovernmental organiza- name of the Senator from New York tions should not be allowed to exercise con- pension of duty on mixtures of (acetato) (Mrs. GILLIBRAND) was added as a co- trol over the Internet; to the Committee on pentammine cobalt dinitrate with a poly- sponsor of S. 750, a bill to reform the fi- meric or paraffinic carrier; to the Committee Foreign Relations. on Finance. By Mr. PAUL: nancing of Senate elections, and for By Mr. BROWN of Ohio: S. Con. Res. 42. A concurrent resolution other purposes. S. 2502. A bill to suspend temporarily the setting forth the congressional budget for S. 889 the United States Government for fiscal year duty on benzene, polypropene derivatives; to At the request of Mr. ROCKEFELLER, 2013, revising the appropriate budgetary lev- the Committee on Finance. the name of the Senator from Arkansas By Mr. BROWN of Ohio: els for fiscal year 2012, and setting forth the (Mr. PRYOR) was added as a cosponsor S. 2503. A bill to extend the temporary sus- appropriate budgetary levels for fiscal years pension of duty on 1,3-Bis(4- 2013 through 2022; placed on the calendar. of S. 889, a bill to require the Secretary aminophenoxy)benzene (RODA); to the Com- By Mr. REID: of the Treasury to mint coins in com- S. Con. Res. 43. A concurrent resolution mittee on Finance. memoration of the centennial of the providing for a conditional adjournment or By Mr. BROWN of Ohio: establishment of Mother’s Day. recess of the Senate and an adjournment of S. 2504. A bill to suspend temporarily the the House of Representatives; considered and S. 1133 duty on D-Galacto-D-mannan, 2-hydroxy-3- agreed to. At the request of Mr. WYDEN, the (trimethylammonio)propyl ether, chloride (83589-59-7), 1-Propanaminium, 2,3-dihydroxy- f name of the Senator from Oklahoma (Mr. COBURN) was added as a cosponsor N,N,N-trimethyl-, chloride (34004-36-9) and ADDITIONAL COSPONSORS water; to the Committee on Finance. of S. 1133, a bill to prevent the evasion By Mr. BROWN of Ohio: S. 207 of antidumping and countervailing S. 2505. A bill to extend the temporary sus- At the request of Mr. KOHL, the name duty orders, and for other purposes. pension of duty on mixtures of of the Senator from Oregon (Mr. S. 1162 benzenesulfonic acid, dodecyl-, with 2- MERKLEY) was added as a cosponsor of At the request of Mr. DEMINT, the aminoethanol and Poly (oxy-1,2-ethanediyl), S. 207, a bill to amend the Omnibus names of the Senator from Oklahoma a-[1-oxo-9- octadecenyl]- w-hydroxy-, (9Z); to Crime Control and Safe Streets Act of (Mr. COBURN), the Senator from Penn- the Committee on Finance. 1968 to enhance the COPS ON THE By Mr. BROWN of Ohio: sylvania (Mr. TOOMEY), the Senator BEAT grant program, and for other S. 2506. A bill to suspend temporarily the from Georgia (Mr. CHAMBLISS), the Sen- purposes. duty on D-Galacto-D-mannan; to the Com- ator from Indiana (Mr. COATS), the mittee on Finance. S. 250 Senator from Louisiana (Mr. VITTER), By Mr. BROWN of Ohio: At the request of Mr. LEAHY, the the Senator from Utah (Mr. LEE) and S. 2507. A bill to reduce temporarily the name of the Senator from Oregon (Mr. the Senator from New Hampshire (Ms. duty on parts of frames and mountings for MERKLEY) was added as a cosponsor of spectacles, goggles, or the like; to the Com- S. 250, a bill to protect crime victims’ AYOTTE) were added as cosponsors of S. mittee on Finance. rights, to eliminate the substantial 1162, a bill to authorize the Inter- f backlog of DNA samples collected from national Trade Commission to develop and recommend legislation for tempo- SUBMISSION OF CONCURRENT AND crime scenes and convicted offenders, rarily suspending duties, and for other SENATE RESOLUTIONS to improve and expand the DNA testing capacity of Federal, State, and local purposes. The following concurrent resolutions crime laboratories, to increase re- S. 1202 and Senate resolutions were read, and search and development of new DNA At the request of Mr. LEAHY, the referred (or acted upon), as indicated: testing technologies, to develop new name of the Senator from Connecticut By Mr. UDALL of Colorado (for him- training programs regarding the collec- (Mr. BLUMENTHAL) was added as a co- self, Mr. CORNYN, Mr. MENENDEZ, Mr. tion and use of DNA evidence, to pro- sponsor of S. 1202, a bill to amend the BINGAMAN, Mr. REID, Mr. BENNET, Mr. vide post conviction testing of DNA Immigration and Nationality Act to re- AKAKA, Ms. STABENOW, Mrs. FEIN- STEIN, and Mrs. HUTCHISON): evidence to exonerate the innocent, to affirm the United States’ historic com- S. Res. 440. A resolution recognizing the improve the performance of counsel in mitment to protecting refugees who historic significance of the Mexican holiday State capital cases, and for other pur- are fleeing persecution or torture. of Cinco de Mayo; to the Committee on the poses. S. 1301 Judiciary. S. 434 At the request of Mr. LEAHY, the By Mr. ROCKEFELLER (for himself, At the request of Mr. COCHRAN, the names of the Senator from Rhode Is- Mrs. HUTCHISON, Ms. KLOBUCHAR, Mr. name of the Senator from Kansas (Mr. PRYOR, and Mr. THUNE): land (Mr. WHITEHOUSE) and the Senator MORAN) was added as a cosponsor of S. S. Res. 441. A resolution expressing support from Rhode Island (Mr. REED) were for the designation of May 2012 as National 434, a bill to improve and expand geo- added as cosponsors of S. 1301, a bill to Youth Traffic Safety Month; considered and graphic literacy among kindergarten authorize appropriations for fiscal agreed to. through grade 12 students in the United years 2012 through 2015 for the Traf- By Mr. JOHANNS (for himself and Mr. States by improving professional devel- ficking Victims Protection Act of 2000, NELSON of Nebraska): opment programs for kindergarten to enhance measures to combat traf- S. Res. 442. A resolution celebrating the through grade 12 teachers offered ficking in persons, and for other pur- 140th anniversary of Arbor Day; considered through institutions of higher edu- poses. and agreed to. cation. By Mr. NELSON of Florida (for him- S. 1718 S. 491 self, Mr. RUBIO, and Mr. MENENDEZ): At the request of Mr. PRYOR, the At the request of Mr. WYDEN, the S. Res. 443. A resolution honoring the life name of the Senator from Arizona (Mr. and legacy of Auxiliary Bishop Agustin name of the Senator from Maryland Roman; considered and agreed to. (Ms. MIKULSKI) was added as a cospon- KYL) was added as a cosponsor of S. By Ms. KLOBUCHAR (for herself and sor of S. 491, a bill to amend title 38, 1718, a bill to amend title XVIII of the Mr. THUNE): United States Code, to recognize the Social Security Act with respect to the S. Res. 444. A resolution designating the service in the reserve components of application of Medicare secondary week of May 1 through May 7, 2012, as ‘‘Na- the Armed Forces of certain persons by payer rules for certain claims. tional Physical Education and Sport Week’’; honoring them with status as veterans S. 1773 considered and agreed to. under law, and for other purposes. At the request of Mr. BROWN of Ohio, By Mrs. MCCASKILL (for herself and Mr. BLUNT): S. 722 the name of the Senator from Illinois S. Res. 445. A resolution expressing support At the request of Mr. WYDEN, the (Mr. DURBIN) was added as a cosponsor for the designation of May 1, 2012, as ‘‘Silver name of the Senator from Minnesota of S. 1773, a bill to promote local and

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At the request of Mr. BEGICH, the At the request of Mr. BURR, the S. 1872 name of the Senator from West Vir- names of the Senator from Alaska (Mr. At the request of Mr. CASEY, the ginia (Mr. ROCKEFELLER) was added as BEGICH), the Senator from New Mexico names of the Senator from Maine (Ms. a cosponsor of S. 2112, a bill to amend (Mr. BINGAMAN) and the Senator from COLLINS) and the Senator from South title 10, United States Code, to author- Maryland (Ms. MIKULSKI) were added as Dakota (Mr. JOHNSON) were added as ize space-available travel on military cosponsors of S. 2255, a bill to amend cosponsors of S. 1872, a bill to amend aircraft for members of the reserve chapter 1 of title 36, United States the Internal Revenue Code of 1986 to components, a member or former mem- Code, to add Welcome Home Vietnam provide for the tax treatment of ABLE ber of a reserve component who is eli- Veterans Day as a patriotic and Na- accounts established under State pro- gible for retired pay but for age, wid- tional observance. grams for the care of family members ows and widowers of retired members, S. 2320 with disabilities, and for other pur- and dependents. At the request of Ms. AYOTTE, the poses. S. 2121 name of the Senator from Nevada (Mr. S. 1946 At the request of Ms. KLOBUCHAR, the HELLER) was added as a cosponsor of S. At the request of Mr. WHITEHOUSE, name of the Senator from Oregon (Mr. 2320, a bill to direct the American Bat- the name of the Senator from Lou- WYDEN) was added as a cosponsor of S. tle Monuments Commission to provide isiana (Ms. LANDRIEU) was added as a 2121, a bill to modify the Department of for the ongoing maintenance of Clark cosponsor of S. 1946, a bill to require Defense Program Guidance relating to Veterans Cemetery in the Republic of foreign manufacturers of products im- the award of Post-Deployment/Mobili- the Philippines, and for other purposes. ported into the United States to estab- zation Respite Absence administrative S. 2325 lish registered agents in the United absence days to members of the reserve At the request of Mr. NELSON of Flor- States who are authorized to accept components to exempt any member ida, the names of the Senator from service of process against such manu- whose qualified mobilization com- Kansas (Mr. MORAN), the Senator from facturers. menced before October 1, 2011, and con- Alaska (Mr. BEGICH), the Senator from S. 1989 tinued on or after that date, from the Ohio (Mr. BROWN) and the Senator from At the request of Ms. CANTWELL, the changes to the program guidance that Missouri (Mrs. MCCASKILL) were added name of the Senator from Rhode Island took effect on that date. as cosponsors of S. 2325, a bill to au- (Mr. WHITEHOUSE) was added as a co- S. 2165 thorize further assistance to Israel for sponsor of S. 1989, a bill to amend the At the request of Mrs. BOXER, the the Iron Dome anti-missile defense sys- Internal Revenue Code of 1986 to make names of the Senator from Delaware tem. permanent the minimum low-income (Mr. COONS), the Senator from Utah S. 2338 housing tax credit rate for unsub- (Mr. LEE) and the Senator from Alaska At the request of Mr. JOHANNS, his sidized buildings and to provide a min- (Mr. BEGICH) were added as cosponsors name was added as a cosponsor of S. imum 4 percent credit rate for existing of S. 2165, a bill to enhance strategic 2338, a bill to reauthorize the Violence buildings. cooperation between the United States Against Women Act of 1994. S. 1993 and Israel, and for other purposes. S. 2343 At the request of Mr. NELSON of Flor- ida, the names of the Senator from S. 2173 At the request of Mr. REID, the names of the Senator from Washington Maryland (Mr. CARDIN) and the Senator At the request of Mr. DEMINT, the (Mrs. MURRAY), the Senator from New from Rhode Island (Mr. WHITEHOUSE) names of the Senator from Wyoming were added as cosponsors of S. 1993, a (Mr. BARRASSO), the Senator from York (Mrs. GILLIBRAND), the Senator bill to posthumously award a Congres- North Carolina (Mr. BURR), the Senator from Vermont (Mr. SANDERS), the Sen- sional Gold Medal to Lena Horne in from Georgia (Mr. CHAMBLISS), the Sen- ator from Rhode Island (Mr. WHITE- recognition of her achievements and ator from Texas (Mr. CORNYN), the Sen- HOUSE), the Senator from Oregon (Mr. contributions to American culture and ator from South Carolina (Mr. GRA- WYDEN), the Senator from Minnesota the civil rights movement. HAM), the Senator from Iowa (Mr. (Mr. FRANKEN), the Senator from Alas- GRASSLEY), the Senator from Okla- ka (Mr. BEGICH), the Senator from Con- S. 2010 homa (Mr. INHOFE), the Senator from necticut (Mr. BLUMENTHAL) and the At the request of Mr. KERRY, the Senator from Oregon (Mr. MERKLEY) name of the Senator from Massachu- Nevada (Mr. HELLER), the Senator from Arizona (Mr. MCCAIN), the Senator were added as cosponsors of S. 2343, a setts (Mr. BROWN) was added as a co- bill to amend the Higher Education Act sponsor of S. 2010, a bill to amend title from Kansas (Mr. MORAN), the Senator of 1965 to extend the reduced interest II of the Social Security Act to repeal from Florida (Mr. RUBIO) and the Sen- rate for Federal Direct Stafford Loans, the Government pension offset and ator from Alabama (Mr. SESSIONS) were and for other purposes. windfall elimination provisions. added as cosponsors of S. 2173, a bill to preserve and protect the free choice of S. 2344 S. 2050 individual employees to form, join, or At the request of Ms. SNOWE, the At the request of Mr. VITTER, the assist labor organizations, or to refrain name of the Senator from New York name of the Senator from Louisiana from such activities. (Mrs. GILLIBRAND) was added as a co- (Ms. LANDRIEU) was added as a cospon- sponsor of S. 2050, a bill to amend the S. 2219 sor of S. 2344, a bill to extend the Na- Internal Revenue Code of 1986 to extend At the request of Mr. WHITEHOUSE, tional Flood Insurance Program until certain provisions of the Creating the name of the Senator from North December 31, 2012. Small Business Jobs Act of 2010, and Carolina (Mrs. HAGAN) was added as a S. 2366 for other purposes. cosponsor of S. 2219, a bill to amend the At the request of Mr. ALEXANDER, the S. 2069 Federal Election Campaign Act of 1971 names of the Senator from Ohio (Mr. At the request of Ms. MIKULSKI, the to provide for additional disclosure re- PORTMAN), the Senator from Nevada name of the Senator from New Jersey quirements for corporations, labor or- (Mr. HELLER), the Senator from Florida (Mr. MENENDEZ) was added as a cospon- ganizations, Super PACs and other en- (Mr. RUBIO) and the Senator from sor of S. 2069, a bill to amend the Pub- tities, and for other purposes. South Dakota (Mr. THUNE) were added lic Health Service Act to speed Amer- S. 2237 as cosponsors of S. 2366, a bill to extend ican innovation in research and drug At the request of Mr. REID, the name student loan interest rates for under- development for the leading causes of of the Senator from Rhode Island (Mr. graduate Federal Direct Stafford death that are the most costly chronic WHITEHOUSE) was added as a cosponsor Loans. conditions for our Nation, to save of S. 2237, a bill to provide a temporary S. RES. 227 American families and the Federal and income tax credit for increased payroll At the request of Mr. WEBB, the name State governments money, and to help and extend bonus depreciation for an of the Senator from Rhode Island (Mr. family caregivers. additional year, and for other purposes. WHITEHOUSE) was added as a cosponsor

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.053 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2826 CONGRESSIONAL RECORD — SENATE April 26, 2012 of S. Res. 227, a resolution calling for Helium is critical to a wide range of SECTION 1. SHORT TITLE. the protection of the Mekong River industrial, scientific, and medical mar- This Act may be cited as the ‘‘Helium Basin and increased United States sup- kets, including medical devices such as Stewardship Act of 2012’’. port for delaying the construction of MRIs, industrial welding, high tech SEC. 2. DEFINITIONS. manufacturing of microchips and fiber Section 2 of the Helium Act (50 U.S.C. 167) mainstream dams along the Mekong is amended— River. optic cables, manufacturing magnets (1) in paragraph (1), by striking the semi- S. RES. 380 for wind turbines, space exploration at colon at the end and inserting a period; At the request of Mr. GRAHAM, the NASA, and other important scientific (2) in paragraph (2), by striking ‘‘; and’’ and name of the Senator from Wisconsin research that is conducted at national inserting a period; and (Mr. KOHL) was added as a cosponsor of laboratories like those in my State. (3) by adding at the end the following: S. Res. 380, a resolution to express the The current sales and management ‘‘(4) FEDERAL HELIUM RESERVE.— structure for the helium reserve is dis- ‘‘(A) IN GENERAL.—The term ‘Federal He- sense of the Senate regarding the im- lium Reserve’ means helium reserves owned portance of preventing the Government torting the private helium market and threatening helium supplies for Fed- by the United States. of Iran from acquiring nuclear weapons ‘‘(B) INCLUSIONS.—The term ‘Federal He- eral medical and scientific research, capability. lium Reserve’ includes— and other private commercial applica- S. RES. 419 ‘‘(i) the Cliffside Field helium storage res- tions. The low government sales price ervoir; At the request of Mr. CARDIN, his is also a barrier to the development of ‘‘(ii) the federally owned helium pipeline name was added as a cosponsor of S. private sources of helium. But more system; and Res. 419, a resolution expressing the importantly, if Congress does not act, ‘‘(iii) all associated infrastructure owned, sense of the Senate that public serv- the helium program will disappear al- leased, or managed under contract by the ants should be commended for their together in less than three years, leav- Secretary for storage, transportation, with- dedication and continued service to the ing our hospitals, national labs, domes- drawal, purification, or management of he- lium. United States during Public Service tic manufacturers, and helium pro- Recognition week. ‘‘(5) LOW-BTU GAS.—The term ‘low-Btu gas’ ducers high and dry. means a fuel gas with a heating value of less S. RES. 436 This bipartisan bill will address these than 250 Btu per standard cubic foot meas- At the request of Mr. BEGICH, the issues by authorizing prudent helium ured as the higher heating value resulting name of the Senator from Alaska (Ms. sales and management beyond 2015 and from the inclusion of noncombustible gases, MURKOWSKI) was added as a cosponsor securing private access to Federal sup- including nitrogen, helium, argon, and car- of S. Res. 436, a resolution designating plies. It will also allow for the contin- bon dioxide.’’. the week of April 22 through 28, 2012, as ued repayment of the national debt by SEC. 3. SALE OF CRUDE HELIUM. the ‘‘Week of the Young Child’’. selling helium at fair market prices— Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: S. RES. 439 providing a good return on investment ‘‘SEC. 6. SALE OF CRUDE HELIUM. At the request of Mr. BLUMENTHAL, to the American taxpayer. This will bolster the private helium sector, and ‘‘(a) PHASE A: BUSINESS AS USUAL.— the name of the Senator from Wash- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ington (Ms. CANTWELL) was added as a help to create long-term jobs in this the Secretary may offer for sale crude he- cosponsor of S. Res. 439, a resolution American resource sector, as well as lium for Federal, medical, scientific, and expressing the sense of the Senate that ensure the continued success of domes- commercial uses in such quantities, at such Village Voice Media Holdings, LLC tic manufacturers that utilize helium times, and under such conditions as the Sec- should eliminate the ‘‘adult entertain- in their manufacturing process. retary, in consultation with the helium in- ment’’ section of the classified adver- Finally, this bill will ensure secure dustry, determines necessary to carry out this subsection with minimum market dis- tising website Backpage.com. access to helium for our national labs, scientific researchers, NASA, medical ruption. f institutions, and universities, who rely ‘‘(2) MINIMUM QUANTITY.—The Secretary STATEMENTS ON INTRODUCED on helium to push the boundaries of shall offer for sale during each fiscal year under paragraph (1) a quantity of crude he- BILLS AND JOINT RESOLUTIONS science and technology here in the lium that is not less than the quantity of By Mr. BINGAMAN (for himself, USA. In particular, as the reserve is crude helium offered for sale by the Sec- Mr. BARRASSO, Mr. WYDEN, and sold off, a 15 year supply of helium will retary during fiscal year 2012. Mr. ENZI: be set aside exclusively for Federal re- ‘‘(3) PURCHASE BY FEDERAL AGENCIES.—Fed- S. 2374. A bill to amend the Helium searchers to guarantee continuity of eral agencies, and extramural holders of 1 or our research programs as we transition more Federal research grants, may purchase Act to ensure the expedient and re- refined helium under this subsection for Fed- sponsible draw-down of the Federal He- to purely private sources of helium. The bill is based on stakeholder input eral, medical, and scientific uses from per- lium Reserve in a manner that protects of the National Academies of Science, sons who have entered into enforceable con- the interests of private industry, the Bureau of Land Management staff, sci- tracts to purchase an equivalent quantity of scientific, medical, and industrial com- crude helium from the Secretary. entific researchers, high-tech manufac- munities, commercial users, and Fed- ‘‘(4) DURATION.—This subsection applies turers, and the private helium industry eral agencies, and for other purposes: during the period— to address the most pressing problems to the Committee on Energy and Nat- ‘‘(A) beginning on the date of enactment of facing Federal helium users and the he- the Helium Stewardship Act of 2012; and ural Resources. lium industry today. ‘‘(B) ending on the date on which all Mr. BINGAMAN. Mr. President, I am I would like to conclude by taking a amounts required to be repaid to the United pleased to introduce the Helium Stew- moment to acknowledge the excep- States under this Act as of October 1, 1995, ardship Act of 2012, along with my co- tional efforts of Dr. Marcius Extavour are repaid in full. sponsors, Senators BARRASSO, WYDEN, who was the AAAS Science policy fel- ‘‘(b) PHASE B: MAXIMIZING TOTAL RECOVERY and ENZI. This bipartisan bill addresses OF HELIUM.— low and physicist working on the En- ‘‘(1) IN GENERAL.—The Secretary may offer the need for ongoing stewardship of the ergy and Natural Resources Committee nation’s helium reserve in Amarillo, for sale crude helium for Federal, medical, last year. He worked diligently to help scientific, and commercial uses in such Texas. The helium reserve is not only a craft this important piece of legisla- quantities, at such times, and under such domestic treasure, but it also provides tion and I thank him for his efforts. conditions as the Secretary, in consultation nearly 30 percent of the world’s helium. Mr. President, I ask unanimous con- with the helium industry, determines nec- Helium is a commodity that is fre- sent that the text of the bill be printed essary— ‘‘(A) to maximize total recovery of helium quently overlooked and often only con- in the RECORD. sidered when you are going to the flo- There being no objection, the text of from the Federal Helium Reserve over the long term; rist to purchase party balloons for your the bill was ordered to be printed in child’s birthday party. I want to take a ‘‘(B) to manage crude helium sales accord- the RECORD, as follows: ing to the ability of the Secretary to extract moment and highlight the importance S. 2374 and produce helium from the Federal Helium of this commodity, as well as the im- Be it enacted by the Senate and House of Rep- Reserve; portance of the U.S. helium reserve in resentatives of the United States of America in ‘‘(C) to respond to helium market supply the world’s helium market. Congress assembled, and demand;

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‘‘(D) to give priority to meeting the helium ‘‘(B) INCLUSIONS.—For the purposes of this ments of the constituent gases found in each demand of Federal users in event of any dis- subsection, qualifying domestic helium helium resource, such as carbon dioxide, ni- ruption to the Federal Helium Reserve; and sourcing transactions include any new agree- trogen, and natural gas; and ‘‘(E) to carry out this subsection. ment in the United States for the purchase ‘‘(B) make available the modern seismic ‘‘(2) PURCHASE BY FEDERAL AGENCIES.—Fed- of at least 20,000,000 standard cubic feet of and geophysical log data for characterization eral agencies, and extramural holders of 1 or crude helium or liquid helium in the fiscal of the Bush Dome Reservoir; more Federal research grants, may purchase year in which the Secretary collects the ‘‘(2) in coordination with appropriate inter- refined helium under this subsection for Fed- data. national agencies and the global geology eral, medical, and scientific uses from per- ‘‘(C) EXCLUSIONS.—For the purposes of this community, complete a global helium gas sons who have entered into enforceable con- subsection, qualifying domestic helium assessment that identifies and quantifies the tracts to purchase an equivalent quantity of sourcing transactions do not include— quantity of the helium, including the isotope crude helium from the Secretary. ‘‘(i) purchases of crude helium from the helium-3, in each reservoir; ‘‘(3) DURATION.—This subsection applies Secretary; or ‘‘(3) in coordination with the Secretary of during the period— ‘‘(ii) transactions at prices indexed to the Energy, acting through the Administrator of ‘‘(A) beginning on the day after the date posted crude helium price of the Secretary. the Energy Information Administration, described in subsection (a)(4)(B); and ‘‘(5) USE OF INFORMATION.—The Secretary complete— ‘‘(B) ending on the date on which the vol- may use the information gathered under this ‘‘(A) an assessment of trends in global de- ume of recoverable crude helium at the Fed- subsection to approximate the current fair mand for helium, including the isotope he- eral Helium Reserve (other than privately market price for crude helium to ensure re- lium-3; owned quantities of crude helium stored covery of fair value for the taxpayers of the ‘‘(B) a 10-year forecast of domestic demand temporarily at the Federal Helium Reserve United States from sales of crude helium. for helium across all sectors, including sci- under section 5 and this section) is ‘‘(6) PROTECTION OF CONFIDENTIALITY.—The entific and medical research, manufacturing, 3,000,000,000 standard cubic feet. Secretary shall adopt such administrative space technologies, cryogenics, and national ‘‘(c) PHASE C: ACCESS FOR FEDERAL policies and procedures that the Secretary defense; and USERS.— considers necessary and reasonable to ensure ‘‘(C) an inventory of medical, scientific, in- ‘‘(1) IN GENERAL.—The Secretary may offer robust protection of the confidentiality of dustrial, commercial, and other uses of he- for sale crude helium for Federal uses (in- data submitted by private persons. lium in the United States, including Federal cluding medical and scientific uses) in such ‘‘(e) HELIUM PRODUCTION FUND.— and commercial helium uses, that identifies quantities, at such times, and under such ‘‘(1) IN GENERAL.—All amounts received the nature of the helium use, the amounts conditions as the Secretary determines nec- under this Act, including amounts from the required, the technical and commercial via- essary to carry out this subsection. sale of crude helium, shall be credited to the bility of helium recapture and recycling in ‘‘(2) PURCHASE BY FEDERAL AGENCIES.—Fed- Helium Production Fund, which shall be that use, and the availability of material eral agencies, and extramural holders of 1 or available without fiscal year limitation for substitutes wherever possible; and more Federal research grants, may purchase purposes considered necessary by the Sec- ‘‘(4) submit to the Committee on Energy refined helium under this subsection for Fed- retary to carry out this subsection. and Natural Resources of the Senate and the eral uses (including medical and scientific ‘‘(2) CAPITAL INVESTMENTS AND MAINTE- Committee on Natural Resources of the uses) from persons who have entered into en- NANCE.—The Secretary may use funds cred- House of Representatives a report describing forceable contracts to purchase an equiva- ited to the Helium Production Fund to fund the results of the assessments required under lent quantity of crude helium from the Sec- capital investments in upgrades and mainte- this paragraph. retary. nance at the Federal Helium Reserve, includ- ‘‘SEC. 16. LOW-BTU GAS SEPARATION AND HE- ‘‘(3) EFFECTIVE DATE.—This subsection ap- ing— LIUM CONSERVATION RESEARCH plies beginning on the day after the date de- ‘‘(A) well head maintenance at the Cliffside AND DEVELOPMENT. scribed in subsection (b)(3)(B). Field helium storage reservoir; ‘‘(a) AUTHORIZATION.—The Secretary of En- ‘‘(d) PRICES AND DETERMINATIONS.— ‘‘(B) capital investments in maintenance ergy shall support programs of research, de- ‘‘(1) IN GENERAL.—Sales of crude helium by and upgrades of facilities that pressurize the velopment, commercial application, and con- the Secretary shall be at prices established Cliffside Field helium storage reservoir; servation (including the programs described by the Secretary that approximate the crude ‘‘(C) capital investments in maintenance in subsection (b))— helium price in the private market as of the and upgrades of equipment related to the ‘‘(1) to expand the domestic production of date of the offer for sale. storage, withdrawal, transportation, purifi- low-Btu gas and helium resources; ‘‘(2) DETERMINATION OF SALE PRICE.—The cation, and sale of crude helium at the Cliff- ‘‘(2) to separate and capture helium from Secretary may make a determination of the side Field helium storage reservoir; and natural gas streams at the wellhead; and prices described in paragraph (1) using— ‘‘(D) any other scheduled or unscheduled ‘‘(3) to reduce the venting of helium and ‘‘(A) a confidential survey of qualifying do- maintenance of the Cliffside Field helium helium-bearing low-Btu gas during natural mestic helium sourcing transactions to storage reservoir and helium pipeline. gas exploration and production. which any holder of a contract with the Sec- ‘‘(3) EXCESS FUNDS.—Any amounts in the ‘‘(b) PROGRAMS.— retary for the acceptance, storage, and rede- Fund described in paragraph (1) that exceed ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.— livery of crude helium in the Cliffside Field the amounts that the Secretary determines The Secretary of Energy, in consultation helium storage reservoir is a party; to be necessary to carry out paragraph (1) with other appropriate agencies, shall sup- ‘‘(B) current market crude helium prices and any contracts negotiated under this Act port a civilian research program to develop inferred from any amount received by the shall be paid to the Treasury and credited advanced membrane technology that is used Secretary from the sale or disposition of he- against the amounts required to be repaid to in the separation of low-Btu gases, including lium on Federal land under subsection (f); the Treasury under subsection (a). technologies that remove helium and other and ‘‘(f) EXTRACTION OF HELIUM FROM DEPOSITS constituent gases that lower the Btu content ‘‘(C) in consultation with the helium indus- ON FEDERAL LAND.—All amounts received by of natural gas. try, the volume-weighted average cost the Secretary from the sale or disposition of ‘‘(2) HELIUM SEPARATION TECHNOLOGY.—The among helium refiners, producers, and lique- helium on Federal land shall be paid to the Secretary of Energy shall support a research fiers, in dollars per thousand cubic feet, of Treasury and credited against the amounts program to develop technologies for sepa- converting gaseous crude helium into bulk required to be repaid to the Treasury under rating, gathering, and processing helium in liquid helium. subsection (a).’’. low concentrations that occur naturally in ‘‘(3) AUTHORITY OF SECRETARY.—The Sec- SEC. 4. HELIUM RESOURCE ASSESSMENT, CON- geological reservoirs or formations, includ- retary shall require all persons or entities SERVATION RESEARCH, AND HE- ing— that are parties to a contract with the Sec- LIUM-3 SEPARATION. ‘‘(A) low-Btu gas production streams; and retary for the acceptance, storage, and rede- The Helium Act is amended by striking ‘‘(B) technologies that minimize the at- livery of crude helium to disclose, on a section 15 (50 U.S.C. 167m) and inserting the mospheric venting of helium gas during nat- strictly confidential basis in dollars per following: ural gas production. thousand cubic feet, the weighted average ‘‘SEC. 15. HELIUM GAS RESOURCE ASSESSMENT. ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The price of all crude helium and bulk liquid he- ‘‘Not later than 2 years after the date of Secretary of Energy, working through the lium purchased or processed by the persons enactment of the Helium Stewardship Act of Industrial Technologies Program of the De- in all qualifying domestic helium sourcing 2012, the Secretary, acting through the Di- partment of Energy, shall carry out a re- transactions during the fiscal year. rector of the United States Geological Sur- search program— ‘‘(4) QUALIFYING DOMESTIC HELIUM SOURCING vey, shall— ‘‘(A) to develop low-cost technologies and TRANSACTIONS.— ‘‘(1) in coordination with appropriate heads technology systems for recycling, reprocess- ‘‘(A) IN GENERAL.—In establishing the of State geological surveys— ing, and reusing helium; and prices described in paragraph (1), the Sec- ‘‘(A) complete a national helium gas as- ‘‘(B) to develop industrial gathering tech- retary shall consider subparagraphs (B) and sessment that identifies and quantifies the nologies to capture helium from other chem- (C) to ensure a reasonable number of trans- quantity of helium, including the isotope he- ical processing, including ammonia proc- actions. lium-3, in each reservoir, including assess- essing.

VerDate Mar 15 2010 06:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.092 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2828 CONGRESSIONAL RECORD — SENATE April 26, 2012 ‘‘SEC. 17. HELIUM-3 SEPARATION. Hondo is one of the last remaining seg- recognition by the surrounding com- ‘‘(a) INTERAGENCY COOPERATION.—The Sec- ments of this high alpine ecosystem to munities and their residents of the ben- retary shall cooperate with the Secretary of receive permanent wilderness protec- efits that wilderness provides them. Energy, or a designee, on any assessment or research relating to the extraction and refin- tion. The concept of wilderness has The mountains provide communities ing of the isotope helium-3 from crude he- deep roots and a long history in the with clean air and act as a watershed, lium at the Federal Helium Reserve or along Carson National Forest. For example, providing them with fresh and clean the helium pipeline system, including— in the early 1900s, Aldo Leopold, known water. Sportsmen benefit from the pro- ‘‘(1) gas analysis; as the father of wilderness, spent his tection of quality habitat that will en- ‘‘(2) infrastructure studies; and early career in the Forest Service in sure the elk, deer, and antelope found ‘‘(3) cooperation with private helium refin- the Carson where he quickly reached in the mountains and the fish in the ers. the post of Forest Supervisor. There is ‘‘(b) FEASIBILITY STUDY.—The Secretary, in mountain streams will continue to consultation with the Secretary of Energy, no doubt that he spent much time trav- thrive. Communities like the Towns of or a designee, may carry out a study to as- eling through this landscape that like- Taos and Red River and the Villages of sess the feasibility of establishing a facility ly helped cultivate his thoughts on the Questa and Taos Ski Valley can find to separate the isotope helium-3 from crude importance of wilderness. economic benefits by attracting visi- helium at— Leopold’s concept of wilderness tors seeking opportunities for solitude ‘‘(1) the Federal Helium Reserve; or evolved over time and heavily influ- and quiet recreation, including hiking, ‘‘(2) an existing helium separation or puri- enced policy makers and the growing birding, horseback riding, and even the fication facility connected to the helium conservation community. He wrote, pipeline system. occasional llama trekking. And com- ‘‘(c) REPORT.—Not later than 1 year after ‘‘Wilderness is the raw material out of munity members can create job oppor- the date of enactment of the Helium Stew- which man has hammered the artifact tunities through outfitting and other ardship Act of 2012, the Secretary shall sub- called civilization.... To the laborer service industries to assist residents mit to the Committee on Energy and Nat- in the sweat of his labor, the raw stuff and visitors alike explore these gate- ural Resources of the Senate and the Com- on his anvil is an adversary to be con- ways to a more primitive era. mittee on Natural Resources of the House of quered. So was wilderness an adversary Representatives a report that contains a de- Wilderness also ensures that the way scription of the results of the assessments to the pioneer. But to the laborer in of life of many local ranchers will re- conducted under this section.’’. repose, able for the moment to cast a main protected from threats like min- SEC. 5. MISCELLANEOUS. philosophical eye on his world, that ing or disruptive off-road vehicle use. Section 102 of the Soda Ash Royalty Re- same raw stuff is something to be loved Local mountain biking coalitions have duction Act of 2006 (30 U.S.C. 262 note; Public and cherished, because it gives defini- also recognized that a balance can be Law 109–338) is amended by striking ‘‘5-year’’ tion and meaning to his life.’’ One per- reached to protect wilderness values and inserting ‘‘7-year’’. son who shared that definition and while making practical and common By Mr. LEVIN (for himself and meaning with Aldo Leopold was former sense boundary adjustments that will New Mexico Senator Clinton P. Ander- Mr. MCCAIN) (by request): help promote sustainable mountain S. 2467. A bill to authorize appropria- son. In fact, due in large part to the biking opportunities in the region. tions for fiscal year 2013 for military conversations he had with Leopold During my tenure in the Senate, it activities of the Department of Defense forty years earlier, Senator Anderson has been relatively uncommon to find and for military construction, to pre- led the effort in Congress to pass the such overwhelming support for the es- scribe military personnel strengths for Wilderness Act of 1964. tablishment of a new wilderness area. I fiscal year 2013, and for other purposes; In that 1964 Act, the Wheeler Peak commend the dedication and persever- to the Committee on Armed Services. Wilderness became the first wilderness ance exhibited by the many local wil- area in the Carson National Forest, Mr. LEVIN. Mr. President, Senator derness advocates who have devoted which lies just south of the Columbine- MCCAIN and I are introducing, by re- many years to see this effort come to Hondo area. Shortly thereafter in 1970, quest, the Administration’s proposed fruition. Without their help, it may the Taos Pueblo-Blue Lake Wilderness, National Defense Authorization Act for have taken another decade before Con- adjacent to Wheeler Peak, was estab- fiscal year 2013. As is the case with any gress addressed this long outstanding lished, further demonstrating that the bill that is introduced by request, we matter. Congress has had 32 years now introduce this bill for the purpose of idea of wilderness is a valuable concept to review the designation of the Col- placing the administration’s proposals to Indian tribes wishing to protect umbine-Hondo Wilderness. With such before Congress and the public without their most sacred sites for future gen- broad support having been developed, I expressing our own views on the sub- erations. Another decade had to pass urge my colleagues to support this ini- stance of these proposals. As Chairman before Congress protected additional tiative to protect this area without and Ranking Member of the Armed lands in New Mexico as wilderness in further delay. 1980, including the Latir Peak Wilder- Services Committee, we look forward Mr. President, I ask unanimous con- ness, north of the Columbine-Hondo. In to giving the administration’s re- sent that the text of the bill be printed that same Act, the Columbine-Hondo quested legislation our most careful re- in the RECORD. view and thoughtful consideration. was designated as a Wilderness Study Area to allow Congress further time to There being no objection, the text of the bill was ordered to be printed in By Mr. BINGAMAN (for himself review the merits of designating this the RECORD, as follows: and Mr. UDALL of New Mexico): area as wilderness. S. 2468. A bill to establish the Col- Aldo Leopold laments in A Sand S. 2468 umbine-Hondo Wilderness in the State County Almanac that progress in con- Be it enacted by the Senate and House of Rep- of New Mexico, to provide for the con- servation is slow—a fact that hasn’t resentatives of the United States of America in veyance of certain parcels of National changed much in modern times. ‘‘De- Congress assembled, Forest System land in the State, and spite nearly a century of propaganda,’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. for other purposes; to the Committee he wrote, ‘‘conservation still proceeds (a) SHORT TITLE.—This Act may be cited as on Energy and Natural Resources. at a snail’s pace.’’ In this context, it is the ‘‘Columbine-Hondo Wilderness Act’’. Mr. BINGAMAN. Mr. President, I rise unfortunately not surprising that it (b) TABLE OF CONTENTS.—The table of con- today to introduce the Columbine- has taken Congress over 30 years to re- tents for this Act is as follows: Hondo Wilderness Act which will des- view the merits of the Columbine- Sec. 1. Short title; table of contents. ignate approximately 45,000 acres in Hondo Wilderness Study Area. Sec. 2. Definitions. the Sangre de Cristo Mountains in But the time to permanently protect TITLE I—ADDITION TO THE NATIONAL northern New Mexico as wilderness. I the Columbine-Hondo is now before us. WILDERNESS PRESERVATION SYSTEM am pleased that my colleague, Senator After many years of hard work by local Sec. 101. Designation of the Columbine- TOM UDALL, is a cosponsor of this legis- community leaders, a nearly unani- Hondo Wilderness. lation. mous consensus has formed in support Sec. 102. Wheeler Peak Wilderness boundary Located in the Carson National For- of protecting this landscape as wilder- modification. est in Taos County, the Columbine- ness. This is due to the longstanding Sec. 103. Authorization of appropriations.

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TITLE II—LAND CONVEYANCES AND (f) MAPS AND LEGAL DESCRIPTIONS.— (3) an administrative right-of-way through SALES. (1) IN GENERAL.—As soon as practicable ‘‘Parcel 2’’ reserved to the United States; Sec. 201. Town of Red River land convey- after the date of enactment of this Act, the and ance. Secretary shall prepare maps and legal de- (4) such additional terms and conditions as Sec. 202. Village of Taos Ski Valley land scriptions of the Wilderness. the Secretary may require. conveyance. (2) FORCE OF LAW.—The maps and legal de- (d) USE OF LAND.—As a condition of the Sec. 203. Authorization of sale of certain Na- scriptions prepared under paragraph (1) shall conveyance under subsection (a), the Town tional Forest System land. have the same force and effect as if included shall use— SEC. 2. DEFINITIONS. in this Act, except that the Secretary may (1) ‘‘Parcel 1’’ for a wastewater treatment In this Act: correct errors in the maps and legal descrip- plant; (1) RED RIVER CONVEYANCE MAP.—The term tions. (2) ‘‘Parcel 2’’ for a cemetery; ‘‘Red River Conveyance Map’’ means the (3) PUBLIC AVAILABILITY.—The maps and (3) ‘‘Parcel ‘‘3’’ for a public park; and map entitled ‘‘Town of Red River Town Site legal descriptions prepared under paragraph (4) ‘‘Parcel 4’’ for a public road. Act Proposal’’ and dated April 19, 2012. (1) shall be on file and available for public in- (e) REVERSION.—In the quitclaim deed to (2) SECRETARY.—The term ‘‘Secretary’’ spection in the appropriate offices of the the Town under subsection (a), the Secretary means the Secretary of Agriculture. Forest Service. shall provide that any parcel of Federal land (3) STATE.—The term ‘‘State’’ means the (g) FISH AND WILDLIFE.—Nothing in this conveyed to the Town under subsection (a) State of New Mexico. Act affects the jurisdiction of the State with shall revert to the Secretary, at the election (4) TOWN.—The term ‘‘Town’’ means the respect to fish and wildlife located on public of the Secretary, if the parcel of Federal land town of Red River, New Mexico. land in the State, except that the Secretary, is used for a purpose other than the purpose (5) VILLAGE.—The term ‘‘Village’’ means after consultation with the New Mexico De- for which the parcel was conveyed, as re- the village of Taos Ski Valley, New Mexico. partment of Game and Fish, may designate quired under subsection (d). (f) SURVEY; ADMINISTRATIVE COSTS.— (6) WILDERNESS.—The term ‘‘Wilderness’’ zones in which, and establish periods during (1) SURVEY.—The exact acreage and legal means the Columbine-Hondo Wilderness des- which, hunting or fishing shall not be al- description of the National Forest System ignated by section 101(a). lowed for reasons of public safety, adminis- tration, the protection for nongame species land conveyed under subsection (a) shall be (7) WILDERNESS MAP.—The term ‘‘Wilder- determined by a survey approved by the Sec- ness Map’’ means the map entitled ‘‘Col- and associated habitats, or public use and retary. umbine-Hondo, Wheeler Peak Wilderness’’ enjoyment. (h) WITHDRAWALS.—Subject to valid exist- (2) COSTS.—The Town shall pay the reason- and dated April 19, 2012. ing rights, the Federal land described in sub- able survey and other administrative costs TITLE I—ADDITION TO THE NATIONAL sections (a) and (e)(1) and any land or inter- associated with the conveyance. WILDERNESS PRESERVATION SYSTEM est in land that is acquired by the United SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND SEC. 101. DESIGNATION OF THE COLUMBINE- States in the Wilderness after the date of en- CONVEYANCE. HONDO WILDERNESS. actment of this Act is withdrawn from— (a) IN GENERAL.—Subject to the provisions (a) IN GENERAL.—In accordance with the (1) entry, appropriation, or disposal under of this section, the Secretary shall convey to Wilderness Act (16 U.S.C. 1131 et seq.), the the public land laws; the Village, without consideration and by approximately 45,000 acres of land in the Car- (2) location, entry, and patent under the quitclaim deed, all right, title, and interest son National Forest in the State, as gen- mining laws; and of the United States in and to the parcel of erally depicted on the Wilderness Map, is (3) operation of the mineral leasing, min- Federal land described in subsection (b) for designated as wilderness and as a component eral materials, and geothermal leasing laws. which the Village submits a request to the of the National Wilderness Preservation Sys- SEC. 102. WHEELER PEAK WILDERNESS BOUND- Secretary by the date that is not later than tem, which shall be known as the ‘‘Col- ARY MODIFICATION. 1 year after the date of enactment of this umbine-Hondo Wilderness’’. (a) IN GENERAL.—The boundary of the Act. (b) MANAGEMENT.—Subject to valid exist- Wheeler Peak Wilderness in the State is (b) DESCRIPTION OF LAND.—The parcel of ing rights, the Wilderness shall be adminis- modified as generally depicted in the Wilder- Federal land referred to in subsection (a) is tered by the Secretary in accordance with ness Map. the parcel comprising approximately 4.6 this Act and the Wilderness Act (16 U.S.C. (b) WITHDRAWAL.—Subject to valid existing acres of National Forest System land (in- 1131 et seq.), except that any reference in rights, any Federal land added to or excluded cluding any improvements to the land) in that Act to the effective date of that Act from the boundary of the Wheeler Peak Wil- Taos County generally depicted as ‘‘Parcel shall be considered to be a reference to the derness under subsection (a) is withdrawn 1’’ on the map entitled ‘‘Village of Taos Ski date of enactment of this Act. from— Valley Town Site Act Proposal’’ and dated (c) INCORPORATION OF ACQUIRED LAND AND (1) entry, appropriation, or disposal under April 19, 2012. INTERESTS IN LAND.—Any land or interest in the public land laws; (c) CONDITIONS.—The conveyance under land that is within the boundary of the Wil- (2) location, entry, and patent under the subsection (a) shall be subject to— derness that is acquired by the United States mining laws; and (1) valid existing rights; shall— (3) operation of the mineral leasing, min- (2) an administrative right-of-way through (1) become part of the Wilderness; and eral materials, and geothermal leasing laws. the parcel of Federal land described in sub- (2) be managed in accordance with— SEC. 103. AUTHORIZATION OF APPROPRIATIONS. section (b) reserved to the United States; and (A) the Wilderness Act (16 U.S.C. 1131 et There are authorized to be appropriated (3) such additional terms and conditions as seq.); such sums as are necessary to carry out this the Secretary may require. (B) this section; and title. (d) USE OF LAND.—As a condition of the (C) any other applicable laws. TITLE II—LAND CONVEYANCES AND conveyance under subsection (a), the Village (d) GRAZING.—Grazing of livestock in the SALES. shall use the parcel of Federal land described Wilderness, where established before the SEC. 201. TOWN OF RED RIVER LAND CONVEY- in subsection (b) for a wastewater treatment date of enactment of this Act, shall be ad- ANCE. plant. ministered in accordance with— (a) IN GENERAL.—Subject to the provisions (e) REVERSION.—In the quitclaim deed to (1) section 4(d)(4) of the Wilderness Act (16 of this section, the Secretary shall convey to the Village, the Secretary shall provide that U.S.C. 1133(d)(4)); and the Town, without consideration and by the parcel of Federal land conveyed to the (2) the guidelines set forth in the report of quitclaim deed, all right, title, and interest Village under subsection (a) shall revert to the Committee on Interior and Insular Af- of the United States in and to the 1 or more the Secretary, at the election of the Sec- fairs of the House of Representatives accom- parcels of Federal land described in sub- retary, if the parcel of Federal land is used panying H.R. 5487 of the 96th Congress (H. section (b) for which the Town submits a re- for a purpose other than the purpose for Rept. 96–617). quest to the Secretary by the date that is which the parcel was conveyed, as described (e) COLUMBINE HONDO WILDERNESS STUDY not later than 1 year after the date of enact- in subsection (d). AREA.— ment of this Act. (f) SURVEY; ADMINISTRATIVE COSTS.— (1) FINDING.—Congress finds that, for pur- (b) DESCRIPTION OF LAND.—The parcels of (1) SURVEY.—The exact acreage and legal poses of section 103(a)(2) of Public Law 96–550 Federal land referred to in subsection (a) are description of the National Forest System (16 U.S.C. 1132 note; 94 Stat. 3223), any Fed- the parcels of National Forest System land land conveyed under subsection (a) shall be eral land in the Columbine Hondo Wilderness (including any improvements to the land) in determined by a survey approved by the Sec- Study Area administered by the Forest Serv- Taos County, New Mexico, that are identi- retary. ice that is not designated as wilderness by fied as ‘‘Parcel 1’’, ‘‘Parcel 2’’, ‘‘Parcel 3’’, (2) COSTS.—The Village shall pay the rea- subsection (a) has been adequately reviewed and ‘‘Parcel 4’’ on the Red River Conveyance sonable survey and other administrative for wilderness designation. Map. costs associated with the conveyance. (2) APPLICABILITY.—The Federal land de- (c) CONDITIONS.—The conveyance under SEC. 203. AUTHORIZATION OF SALE OF CERTAIN scribed in paragraph (1) is no longer subject subsection (a) shall be subject to— NATIONAL FOREST SYSTEM LAND. to subsections (a)(2) and (b) of section 103 of (1) valid existing rights; (a) IN GENERAL.—Subject to the provisions Public Law 96–550 (16 U.S.C. 1132 note; 94 (2) public rights-of-way through ‘‘Parcel of this section and in exchange for consider- Stat. 3223). 1’’, ‘‘Parcel 3’’, and ‘‘Parcel 4’’; ation in an amount that is equal to the fair

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.093 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2830 CONGRESSIONAL RECORD — SENATE April 26, 2012 market value of the applicable parcel of Na- counted for over 70 percent of newly di- While the Affordable Care Act ex- tional Forest System land, the Secretary agnosed cases of HIV. That year, nine panded care in diverse communities may convey— out of ten babies born with HIV be- across the country, such as Asian (1) to the holder of the permit numbered longed to minority groups. The Office Americans, , and Pa- ‘‘QUE302101’’ for use of the parcel, the parcel of National Forest System land comprising of Minority Health reported that, com- cific Islanders, it is important that we approximately 0.2 acres that is generally de- pared to Caucasians, Hispanic individ- take further steps to ensure that all picted as ‘‘Parcel 5’’ on the Red River Con- uals are 3 times more likely to be diag- Americans, regardless of racial, ethnic, veyance Map; and nosed with AIDS; Native Americans socioeconomic, physical, and geo- (2) to the owner of the private property ad- are 1.4 times more likely; and Native graphic circumstances, have affordable jacent to the parcel, the parcel of National Hawaiians and Pacific Islanders are 2.4 access to high-quality health care. Be- Forest System land comprising approxi- times more likely to be diagnosed with cause the causes of health care dispari- mately 0.1 acres that is generally depicted as AIDS. ties are wide-ranging, the scope of this ‘‘Parcel 6’’ on the Red River Conveyance Cancer is the number one killer of Map. bill must be equally encompassing. (b) DISPOSITION OF PROCEEDS.—Any Asian American Pacific Islanders and Therefore, my bill focuses on two main amounts received by the Secretary as consid- the second leading cause of death for strategies: first, encouraging research eration for a conveyance under subsection most other racial and ethnic minorities on diseases and conditions that dis- (a) shall be— in the United States. Cancer also af- proportionately impact minority indi- (1) deposited in the fund established under fects African Americans at particularly viduals; and second, improving access Public Law 90–171 (commonly known as the alarming rates and has a dispropor- to effective care for minority commu- ‘‘Sisk Act’’) (16 U.S.C. 484a); and tionate prevalence in the population of nities. (2) available to the Secretary, without fur- Hispanic women, who are 1.6 times ther appropriation and until expended, for We must make it easier to identify the acquisition of land or interests in land in more likely to be diagnosed with cer- existing disparities through com- the Carson National Forest. vical cancer than non-Hispanic women. prehensive data collection, ensure (c) CONDITIONS.—The conveyance under In addition, Native Americans are workforce diversity, target diseases subsection (a) shall be subject to— twice as likely as non-Hispanic whites that disproportionately affect minori- (1) valid existing rights; and to develop stomach or liver cancer. ties, and make culturally and linguis- (2) such additional terms and conditions as The infant mortality rates for Afri- tically appropriate health care services the Secretary may require. can Americans are one-and-a-half to 3 (d) SURVEY; ADMINISTRATIVE COSTS.— available to all. times higher than the rates for infants (1) SURVEY.—The exact acreage and legal We need more comprehensive data on description of the National Forest System born to women of other races and the most significant health care prob- land conveyed under subsection (a) shall be ethnicities. Hispanic individuals are lems experienced by minority individ- determined by a survey approved by the Sec- three times more likely to be diag- uals and the factors that play a role in retary. nosed with AIDS than Caucasian indi- how these diseases affect different (2) COSTS.—The reasonable survey and viduals. As our nation continues to communities. The more we know about other administrative costs associated with struggle with obesity, trends show in- the way populations are affected by the conveyance shall be paid by the holder of creasingly high rates of obesity in mi- the permit or the owner of the private prop- disease, the better prepared health care erty, as applicable. nority groups, with young Mexican- professionals will be to create strate- American men under the age of 20 expe- gies to both treat and prevent each By Mr. AKAKA (for himself and riencing obesity at a rate of 25 percent high-impact disease in specific commu- Mr. INOUYE): of the population, while white men of nities. My bill will help to accomplish S. 2474. A bill to improve the health the same age have a rate of just 15 per- this by strengthening both data collec- of minority individuals, and for other cent. tion and the reporting of health data. purposes; to the Committee on Health, Circulatory diseases are a growing To complement our efforts in data Education, Labor, and Pensions. problem in the Pacific region. These collection, we must also target disease Mr. AKAKA. Mr. President, I am diseases not only lower patients’ qual- awareness education and effective pre- proud to once again introduce legisla- ity of life, but they are also very cost- ventative services towards commu- tion addressing the health care dispari- ly. Data from the Agency for nities with large populations of ethnic ties in racial and ethnic minority com- Healthcare Research and Quality shows and racial minorities at high risk for munities, the Health Equity and Ac- that eliminating preventable hos- certain diseases. Community-based countability Act of 2012. I would like to pitalizations that are associated with programs as well as comprehensive dis- thank my cosponsor, Senator INOUYE, lower incomes would save $6.7 billion in ease-specific programs already in place along with a number of our colleagues health care costs each year. However, are helping to ensure that the health in the House of Representatives, for all the numbers alone do not capture the needs of minority communities are their support and contributions to this full extent of health disparities since being met. My legislation would revi- important legislation, and for raising there are additional issues with data talize efforts in community health and awareness of this widespread problem. collection and multiple factors often preventive services, which are the most While there are glaring health dis- contribute to deaths. cost-effective ways of providing care. parities based on racial and ethnic In 2005, I introduced a similar piece This bill builds upon the Affordable identity alone, they are further exacer- of legislation, S. 1580, because many of Care Act’s historic investment in pre- bated by factors such as the indigenous and ethnic minority vention and calls for resources to tar- socioeconomics, geography, and sexual communities across the United States get communities striving to overcome orientation and identity. Although the and its territories lacked essential ac- negative social factors. This bill en- exact causes for the current state of cess to health care and suffered from courages these investments and focuses health disparities in our country may certain key diseases at disproportion- on preventing fatal diseases, which be debatable, it is undeniable that eth- ately high rates. The bill I am intro- could save thousands of lives each year nic, racial, geographic, and other mi- ducing today addresses many of the and lower health care costs. norities across the United States are same issues and also takes into ac- Although prevention plays a critical plagued by disproportionately high count the strong advances made by the role in finding ways to close dispari- rates of disease and experience a di- Patient Protection and Affordable Care ties, we also have to invest in research minished quality of health care. Statis- Act. In 2008, the landmark health care to develop better treatment plans for tics paint a disturbing picture of mi- reform legislation laid the foundation diseases that disproportionately affect nority health, consistently showing to start reducing some of those health indigenous, racial, and ethnic minori- higher rates of illness and death for disparities. Senator INOUYE and I are ties, and to ensure that currently un- members of minority and marginalized introducing this legislation today to derserved communities have access to groups. build on the work of the Affordable care. My bill proposes focused ap- For instance, HIV/AIDS has had a Care Act, and to advance the national proaches to combat a variety of dis- devastating impact on minorities in discussion on how we can better eases and conditions, including heart the U.S. In 2009, ethnic minorities ac- achieve health equity. disease, cancer, diabetes, and HIV/

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.093 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2831 AIDS, which have a disparate impact addiction disorders. Despite the im- Whereas the French army, which had not on racial and ethnic minorities. This provements, mental health treatment experienced defeat against any of the finest legislation also helps to provide afford- remains underutilized, especially by troops of Europe in more than half a cen- able and culturally appropriate access minorities, due to social stigma and tury, sustained a disastrous loss at the hands of an outnumbered and ill-equipped, but to care in several ways. cultural resistance. To develop access highly spirited and courageous, Mexican My bill, the Health Equity and Ac- and encourage treatment, my bill in- army; countability Act of 2012, includes pro- corporates culturally competent strat- Whereas, after 3 bloody assaults on Puebla posals to remove significant barriers to egies to address mental and behavioral in which more than 1,000 French soldiers lost health care coverage and access and health problems affecting minority their lives, the French troops were finally maximize the positive impact of fed- communities and authorizes invest- defeated and driven back by the out- eral investments in health care in mi- ment in researching and treating these numbered Mexican troops; nority communities. For example, it serious conditions. Whereas the courageous spirit that Mexi- would re-establish Medicaid eligibility can General Ignacio Zaragoza and his men However, we cannot simply put these displayed during that historic battle can for citizens of the Compact of Free As- provisions in place and believe that never be forgotten; sociation nations living in the United they will eliminate all health dispari- Whereas many brave Mexicans willingly States. This would greatly ease the fi- ties. We must have accountability and gave their lives for the causes of justice and nancial burden on States like Hawaii regular evaluation of these programs freedom in the Battle of Puebla on Cinco de and Arkansas, which have been forced to ensure they are being carried out as Mayo; to absorb the costs of providing health they were intended, and that they are Whereas the sacrifice of the Mexican fight- and social services, education, and pub- meeting their goals. To that end, my ers was instrumental in keeping Mexico from lic safety for Compact migrants in ac- falling under European domination while, in bill strengthens oversight by the De- the United States, the Union Army battled cordance with unfunded Federal man- partment of Health and Human Serv- Confederate forces in the Civil War; dates since 1996. ices, requiring the Department to Whereas Cinco de Mayo serves as a re- My bill would also make health care make regular scheduled reports to Con- minder that the foundation of the United more affordable and improve access by gress on the impact of these initiatives States was built by people from many coun- providing a 100 percent Federal Med- to ensure that they are continuing to tries and diverse cultures who were willing icaid Assistance Percentage, FMAP, reduce health disparities. to fight and die for freedom; for Native Hawaiians who receive April is National Minority Health Whereas Cinco de Mayo also serves as a re- health care from Federally Qualified minder of the close ties between the people Month, and as we work diligently to of Mexico and the people of the United Health Centers or the Native Hawaiian transform health care in America, it is States; Health Care System. The increased essential that we strive to eliminate Whereas, in a larger sense, Cinco de Mayo FMAP will ensure that Native Hawai- the health disparities that affect our symbolizes the right of a free people to self- ians have access to the essential health minority groups. This bill would sig- determination, just as Benito Juarez, the services provided by community health nificantly improve the quality of life president of Mexico during the Battle of centers and the Native Hawaiian for indigenous people, ethnic and racial Puebla, once said, ‘‘El respeto al derecho Health Care System. These provisions minorities, as well as other ajeno es la paz’’ (‘‘Respect for the rights of would provide treatment for Native Ha- others is peace’’); and marginalized groups. I encourage my Whereas many people celebrate Cinco de waiians that is similar to that already colleagues to support this legislation, Mayo during the entire week in which the provided to Native Alaskans through and begin an open dialogue on how we date falls: Now, therefore, be it the Indian Health Service or tribal or- can close the gap in health care across Resolved, That the Senate— ganizations. the country. (1) recognizes the historic struggle of the This legislation will make it easier f people of Mexico for independence and free- for minorities with cultural and lan- dom, which Cinco de Mayo commemorates; guage barriers to improve their health SUBMITTED RESOLUTIONS and outcomes by enhancing language ac- (2) encourages the people of the United cess services, making health literacy a States to observe Cinco de Mayo with appro- priority in patient care, and making SENATE RESOLUTION 440—RECOG- priate ceremonies and activities. sure there is culturally competent care NIZING THE HISTORIC SIGNIFI- Mr. UDALL of Colorado. Mr. Presi- in the health care delivery system. My CANCE OF THE MEXICAN HOLI- dent, I rise with Senators CORNYN, bill will support professionals who are DAY OF CINCO DE MAYO MENENDEZ, BINGAMAN, REID, BENNET, well-equipped to provide quality health Mr. UDALL of Colorado (for himself, STABENOW, AKAKA, FEINSTEIN, and care that is culturally and linguis- Mr. CORNYN, Mr. MENENDEZ, Mr. BINGA- HUTCHISON to submit a resolution com- tically appropriate. As a part of this ef- MAN, Mr. REID, Mr. BENNET, Mr. AKAKA, memorating Cinco de Mayo. fort, this legislation creates training Ms. STABENOW, Mrs. FEINSTEIN, and We all love Cinco de Mayo for the opportunities for willing and com- Mrs. HUTCHISON) submitted the fol- food and festivities that we have grown petent minority candidates to enter lowing resolution; which was referred so accustomed to across the country. the health care workforce. to the Committee on the Judiciary: However, the day is also of great his- The Health Equity and Account- S. RES. 440 torical relevance, commemorating the ability Act also seeks to ensure that Whereas May 5, or ‘‘Cinco de Mayo’’ in Battle of Puebla, an unlikely Mexican communities of color benefit from the Spanish, is celebrated each year as a date of military victory over the French in rapid advances in health information great importance by the Mexican and Mexi- 1852. Since then, Cinco de Mayo has technology, or health IT. It also en- can-American communities; come to represent Mexican-Americans’ courages new investments in health IT Whereas the Cinco de Mayo holiday com- many contributions to the United infrastructure, which will serve as the memorates May 5, 1862, the date on which States. For many decades Coloradans foundation for improving the quality, Mexicans who were struggling for independ- and communities across the country ence and freedom fought the Battle of have celebrated this day in a way that effectiveness, and efficiency for all Puebla; Americans in our future health care Whereas Cinco de Mayo has become widely brings pride to the contributions of the system. Improvements in health IT and celebrated annually by nearly all Mexicans Mexican-American community of our health IT infrastructure will also make and Mexican-Americans, north and south of state. it possible for rural communities to ac- the United States-Mexico border; The commemoration of Cinco de cess mobile health services and other Whereas the Battle of Puebla was but one Mayo also highlights the courage that treatment and diagnostics that were of the many battles that the courageous Mexican forces displayed on May 5, previously unavailable. Mexican people won in their long and brave 1862, a courage that was welcomed by Another vital service that my bill struggle for independence and freedom; the Union Army as it battled Confed- Whereas the French army, confident that seeks to make more accessible is men- its battle-seasoned troops were far superior erate forces in the American Civil War. tal health care. The Affordable Care to the less-seasoned Mexican troops, ex- The victory of the beleaguered force of Act fundamentally improved services pected little or no opposition from the Mexi- Mexican troops at the Battle of Puebla for individuals with mental health and can army; was a setback for Napoleon’s France

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.096 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2832 CONGRESSIONAL RECORD — SENATE April 26, 2012 that weakened France’s immense re- (2) supports youth traffic safety awareness; Lady of Charity on Biscayne Bay, which sources and limited its ability to med- and serves as a monument to the patron saint of dle in America’s Civil War. As Mexico (3) encourages people across the United Cuba, the Virgin of Charity of Cobre, and at- sought to defend itself from European States to observe National Youth Traffic tracts hundreds of thousands of visitors each Safety Month with appropriate programs, ac- year; aggression, the Battle of Puebla is a re- tivities, and ceremonies. Whereas in 1980 Agustı´n Roma´ n served as a minder for us that the foundation of f mediator during the Mariel boatlift incident, the United States was also built helping more than 100,000 Cubans flee the is- through fights in which the United SENATE RESOLUTION 442—CELE- land and safely resettle in the United States; States often found itself as the under- BRATING THE 140TH ANNIVER- Whereas Agustı´n Roma´ n helped negotiate dog. But through perseverance, the SARY OF ARBOR DAY a peaceful resolution to the 1987 riots of Mariel prisoner uprisings in Federal prisons, willingness to fight and die for free- Mr. JOHANNS (for himself and Mr. dom, and the contributions of a diverse earning him national recognition for his NELSON of Nebraska) submitted the fol- compassion, gentility, and humble spirit; cultural mix of Americans from across lowing resolution; which was consid- Whereas after his retirement at the age of the globe, we have been made stronger. ered and agreed to: 75, Agustı´n Roma´ n remained active at the This is something we should celebrate S. RES. 442 Shrine of Our Lady Charity, greeting visitors about our country’s history. and responding to letters from fellow Cuban Whereas Arbor Day was founded in Ne- exiles; and This day in history has become espe- braska City, Nebraska on April 10, 1872, to Whereas Agustı´n Roma´ n passed away on cially important in Colorado, where recognize the importance of planting trees; Wednesday, April 11, 2012: Now, therefore, be the contributions of many Mexican- Whereas it is estimated that on the first it American families can be seen Arbor Day, more than 1,000,000 trees were Resolved, That the Senate— planted in the State of Nebraska alone; throughout our communities. As in (1) recognizes and honors the life of Whereas Arbor Day is observed in all 50 years past, towns throughout Colorado Agustı´n Roma´ n; States and across the world; and our nation will celebrate with food, (2) recognizes and honors the spiritual Whereas participating in Arbor Day activi- educational activities, music and danc- leadership of Agustı´n Roma´ n and his dedica- ties promotes civic participation and high- tion to freedom and faith; ing, and I encourage my fellow Colo- lights the importance of planting and caring (3) offers heartfelt condolences to the fam- radans to join in their communities’ for trees and vegetation; ily, friends, and loved ones of Agustı´n celebrations. Whereas those activities provide an oppor- Roma´ n; and tunity to convey to future generations the f (4) in memory of Agustı´n Roma´ n, calls on value of land and stewardship; the United States to continue policies that SENATE RESOLUTION 441—EX- Whereas National Arbor Day is observed on promote respect for the fundamental prin- PRESSING SUPPORT FOR THE the last Friday of April each year; and ciples of religious freedom, democracy, and DESIGNATION OF MAY 2012 AS Whereas April 27, 2012, marks the 140th an- human rights in Cuba, in a manner con- niversary of Arbor Day: Now, therefore, be it NATIONAL YOUTH TRAFFIC sistent with the aspirations of the people of Resolved, That the Senate— SAFETY MONTH Cuba. (1) recognizes April 27, 2012, as National Mr. ROCKEFELLER (for himself, Arbor Day; f Mrs. HUTCHISON, Ms. KLOBUCHAR, Mr. (2) celebrates the 140th anniversary of PRYOR, and Mr. THUNE) submitted the Arbor Day; SENATE RESOLUTION 444—DESIG- following resolution; which was consid- (3) supports the goals and ideals of Arbor NATING THE WEEK OF MAY 1 ered and agreed to: Day; and THROUGH MAY 7, 2012, AS ‘‘NA- (4) encourages the people of United States S. RES. 441 TIONAL PHYSICAL EDUCATION to participate in Arbor Day activities. Whereas motor vehicle crashes are the AND SPORT WEEK’’ leading cause of death for youth in the f Ms. KLOBUCHAR (for herself and Mr. United States; SENATE RESOLUTION 443—HON- THUNE) submitted the following resolu- Whereas thousands of youth are injured or ORING THE LIFE AND LEGACY tion; which was considered and agreed die each year in motor vehicle crashes; OF AUXILIARY BISHOP AGUSTIN to: Whereas on average, 11 youths die each day in motor vehicle crashes; ROMAN S. RES. 444 Whereas on average, May through August Mr. NELSON of Florida (for himself, Whereas a decline in physical activity has is the deadliest period for youths on our na- Mr. RUBIO, and Mr. MENENDEZ) sub- contributed to the unprecedented epidemic tion’s highways; mitted the following resolution; which of childhood obesity, which has more than Whereas on average, 8 of the top 10 dead- was considered and agreed to: tripled in the United States since 1980; liest days for youths on our nation’s high- Whereas regular physical activity is nec- ways were between May and August; S. RES. 443 essary to support normal and healthy growth Whereas events such as prom and gradua- Whereas Agustı´n Roma´ n was appointed in children and is essential to the continued tion, and the summer driving season, con- auxiliary bishop of the Archdiocese of health and well-being of children; tribute to the risk of a motor vehicle crash Miami, Florida in 1979, becoming the first Whereas according to the Centers for Dis- due to an increase in the amount of time Cuban to be appointed bishop in the United ease Control, overweight adolescents have a youth spend on the road and in celebratory States; 70- to 80-percent chance of becoming over- activities; Whereas Agustı´n Roma´ n was expelled from weight adults, increasing their risk for Whereas it is essential to teach our youths Cuba in 1961 by the regime of Fidel Castro, chronic disease, disability, and death; that driving is a privilege and with that along with many other Roman Catholic Whereas physical activity reduces the risk privilege comes risks and responsibilities; priests; of heart disease, high blood pressure, diabe- Whereas this education is essential to pre- Whereas Agustı´n Roma´ n ministered in tes, and certain types of cancers; venting risky behaviors that can result in Chile for 4 years before coming to Miami, Whereas type 2 diabetes can no longer be tragic crashes; Florida in 1966, where he quickly became a referred to as ‘‘late in life’’ or ‘‘adult onset’’ Whereas the National Organizations For spiritual leader and advocate for the Cuban diabetes because type 2 diabetes presently Youth Safety (NOYS) established a national community in Miami, as well as for many occurs in children as young as 10 years old; youth campaign and National Youth Traffic other immigrant communities, including Whereas the Physical Activity Guidelines Safety Month to draw attention to the in- Haitian refugees; for Americans issued by the Department of creased rate of motor vehicle crashes involv- Whereas Agustı´n Roma´ n was fluent in Health and Human Services recommend that ing youth between May and August, to help Latin, English, French, and Spanish, and children engage in at least 60 minutes of enforce youth safe driving laws, and to sup- served on the Bishops’ Committee for His- physical activity on most, and preferably all, port youth and community education on panic Affairs, worked as a hospital chaplain, days of the week; youth traffic safety; and and became episcopal vicar for the Spanish- Whereas according to the Centers for Dis- Whereas NOYS invites all youths, families, speaking people of the Archdiocese of Miami; ease Control, only 19 percent of high school and communities to participate in National Whereas Agustı´n Roma´ n was the son of students are meeting the goal of 60 minutes Youth Traffic Safety Month: humble Cuban peasants, which influenced his of physical activity each day; Now, therefore, be it commitment to humility, tenacity, and un- Whereas children spend many of their wak- Resolved, That the Senate— ceasing devotion to his ministry in southern ing hours at school and, as a result, need to (1) expresses support for the designation of Florida; be active during the school day to meet the May 2012 as ‘‘National Youth Traffic Safety Whereas Agustı´n Roma´ n was instrumental recommendations of the Physical Activity Month’’; in the construction of the Shrine of Our Guidelines for Americans;

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G26AP6.048 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2833 Whereas nationally, according to the Cen- SENATE RESOLUTION 445—EX- fits to economic development, education, ters for Disease Control, 1 out of 4 children PRESSING SUPPORT FOR THE health care, and social assembly, and the in- does not attend any school physical edu- DESIGNATION OF MAY 1, 2012, AS formed discussion that is the bedrock of cation classes, and fewer than 1 in 4 children ‘‘SILVER STAR SERVICE BANNER democratic self-government; get 20 minutes of vigorous activity every Whereas the explosive and hugely bene- day; DAY’’ ficial growth of the Internet resulted not Whereas teaching children about physical Mrs. MCCASKILL (for herself and Mr. from increased government involvement but education and sports not only ensures that BLUNT) submitted the following resolu- from the opening of the Internet to com- the children are physically active during the tion; which was considered and agreed merce and private sector innovation; school day, but also educates the children on to: Whereas the governments of some coun- how to be physically active and the impor- tries that advocate radical change in the tance of physical activity; S. RES. 445 structure of Internet governance censor the Whereas according to a 2006 survey by the Whereas the Senate has always honored information available to their citizens Department of Health and Human Services, the sacrifices made by the wounded and ill through the Internet, use the Internet to 3.8 percent of elementary schools, 7.9 percent members of the Armed Forces; prevent democratization, and use the Inter- of middle schools, and 2.1 percent of high Whereas the Silver Star Service Banner net as a tool of surveillance to curtail legiti- schools provide daily physical education (or has come to represent the members of the mate political discussion and dissent, and an equivalent) for the entire school year, and Armed Forces and veterans who were wound- other countries operate telecommunications 22 percent of schools do not require students ed or became ill in combat in the wars systems as state-controlled monopolies or to take any physical education courses at fought by the United States; highly regulated and highly taxed entities; all; Whereas the Silver Star Families of Amer- Whereas some countries that support Whereas according to that 2006 survey, 13.7 ica was formed to help the American people transferring Internet governance to an enti- percent of elementary schools, 15.2 percent of remember the sacrifices made by the wound- ty affiliated with the United Nations, or to middle schools, and 3.0 percent of high ed and ill members of the Armed Forces by another intergovernmental organization, schools provide physical education (or an designing and manufacturing Silver Star might seek to have such an entity or organi- equivalent) at least 3 days per week for the Service Banners and Silver Star Flags for zation endorse policies of those countries entire school year for students in all grades that purpose; that block access to information, stifle polit- in the school; Whereas the sole mission of the Silver Star ical dissent, and maintain outmoded commu- Whereas research shows that fit and active Families of America is to evoke memories of nications structures; and children are more likely to thrive academi- the sacrifices of members and veterans of the Whereas the structure and control of Inter- cally; Armed Forces on behalf of the United States net governance has profound implications for Whereas increased time in physical edu- through the presence of a Silver Star Service democratization, free expression, competi- cation classes can help the attention, con- Banner in a window or a Silver Star Flag fly- tion and trade, access to information, pri- centration, and achievement test scores of ing; vacy, security, and the protection of intel- children; Whereas the sacrifices of members and vet- lectual property, and the threat of some Whereas participation in sports teams and erans of the Armed Forces on behalf of the countries to take unilateral action that physical activity clubs, often organized by United States should never be forgotten; and would fracture the root zone file would re- the school and run outside of the regular Whereas May 1, 2012, is an appropriate date sult in a less functional Internet with dimin- school day, can improve grade point average, to designate as ‘‘Silver Star Service Banner ished benefits for all people: Now, therefore, school attachment, educational aspirations, Day’’: Now, therefore, be it be it and the likelihood of graduation; Resolved, That the Senate supports the des- Resolved, That the Senate calls on the Whereas participation in sports and phys- ignation of May 1, 2012, as ‘‘Silver Star Serv- President— ical activity improves self-esteem and body ice Banner Day’’ and calls upon the people of (1) to continue to oppose any effort to image in children and adults; the United States to observe the day with transfer control of the Internet to the United Whereas children and youths who partake appropriate programs, ceremonies, and ac- Nations or any other intergovernmental or- in physical activity and sports programs ganization; have increased motor skills, healthy life- tivities. (2) to recognize the need for, and pursue, a styles, social skills, a sense of fair play, f continuing and constructive dialogue with strong teamwork skills, self-discipline, and SENATE RESOLUTION 446—EX- the international community on the future avoidance of risky behaviors; Whereas the social and environmental fac- PRESSING THE SENSE OF THE of Internet governance; and tors affecting children are in the control of SENATE THAT THE UNITED NA- (3) to advance the values of a free Internet the adults and the communities in which the TIONS AND OTHER INTERGOV- in the broader trade and diplomatic efforts of children live, and therefore, the people of the ERNMENTAL ORGANIZATIONS the United States Government. United States share a collective responsi- SHOULD NOT BE ALLOWED TO f bility in reversing the childhood obesity epi- EXERCISE CONTROL OVER THE SENATE CONCURRENT RESOLU- demic; INTERNET Whereas if efforts are made to intervene TION 42—SETTING FORTH THE with unfit children to bring those children to Mr. RUBIO (for himself, Mr. MCCAIN, CONGRESSIONAL BUDGET FOR physically fit levels, then there may also be Mr. JOHANNS, and Ms. AYOTTE) sub- THE UNITED STATES GOVERN- a concomitant rise in the academic perform- mitted the following resolution; which MENT FOR FISCAL YEAR 2013, ance of those children; and was referred to the Committee on For- REVISING THE APPROPRIATE Whereas Congress strongly supports efforts eign Relations: BUDGETARY LEVELS FOR FIS- to increase physical activity and participa- S. RES. 446 CAL YEAR 2012, AND SETTING tion of children and youth in sports: Now, FORTH THE APPROPRIATE therefore, be it Whereas market-based policies and private Resolved, That the Senate— sector leadership have given the Internet BUDGETARY LEVELS FOR FIS- (1) designates the week of May 1 through flexibility to evolve; CAL YEARS 2013 THROUGH 2022. May 7, 2012, as ‘‘National Physical Education Whereas the position of the United States Mr. PAUL submitted the following and Sport Week’’; Government is and has been to advocate for concurrent resolution; which was (2) recognizes National Physical Education the free flow of information, Internet free- placed on the calendar: and Sport Week and the central role of phys- dom, and multi-stakeholder governance of ical education and sports in creating a the Internet internationally; S. CON. RES. 42 healthy lifestyle for all children and youth; Whereas the current multi-stakeholder Resolved by the Senate (the House of Rep- (3) supports the implementation of local model of Internet governance has enabled resentatives concurring), school wellness policies (as that term is de- the Internet to flourish and allowed the pri- SECTION 1. CONCURRENT RESOLUTION ON THE scribed in section 9A of the Richard B. Rus- vate sector, civil society, academia, and in- BUDGET FOR FISCAL YEAR 2013. sell National School Lunch Act (42 U.S.C. dividual users to play an important role in (a) DECLARATION.—Congress declares that 1758b)) that include ambitious goals for phys- charting the direction of the Internet; this resolution is the concurrent resolution ical education, physical activity, and other Whereas, given the importance of the on the budget for fiscal year 2013 and that activities that address the childhood obesity Internet to the global economy, it is essen- this resolution sets forth the appropriate epidemic and promote child wellness; and tial that the underlying technical infrastruc- budgetary levels for fiscal years 2013 through (4) encourages schools to offer physical ture of the Internet remain stable and se- 2022. education classes to students and work with cure; (b) TABLE OF CONTENTS.—The table of con- community partners to provide opportuni- Whereas the developing world deserves the tents for this concurrent resolution is as fol- ties and safe spaces for physical activities benefits that the Internet provides, including lows: before and after school and during the sum- access to knowledge, services, commerce, Sec. 1. Concurrent resolution on the budget mer months for all children and youth. and communication, the accompanying bene- for fiscal year 2013.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0655 E:\CR\FM\A26AP6.098 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2834 CONGRESSIONAL RECORD — SENATE April 26, 2012 TITLE I—RECOMMENDED LEVELS AND Fiscal year 2020: ¥$257,000,000,000. Fiscal year 2015: $770,000,000,000. AMOUNTS Fiscal year 2021: ¥$214,000,000,000. Fiscal year 2016: $819,000,000,000. Sec. 101. Recommended levels and amounts. Fiscal year 2022: ¥$263,000,000,000. Fiscal year 2017: $868,000,000,000. Sec. 102. Social Security. (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2018: $914,000,000,000. Sec. 103. Major functional categories. of the enforcement of this resolution, the ap- Fiscal year 2019: $958,000,000,000. TITLE II—RESERVE FUNDS propriate levels of total new budget author- Fiscal year 2020: $1,004,000,000,000. ity are as follows: Fiscal year 2021: $1,049,000,000,000. Sec. 201. Deficit-reduction reserve fund for Fiscal year 2012: $3,519,858,000,000. Fiscal year 2022: $1,096,000,000,000. the sale of unused or vacant Fiscal year 2013: $3,084,004,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- Federal properties. Fiscal year 2014: $3,106,658,000,000. poses of Senate enforcement under sections Sec. 202. Deficit-reduction reserve fund for Fiscal year 2015: $3,117,000,000,000. 302 and 311 of the Congressional Budget Act selling excess Federal land. Fiscal year 2016: $3,283,243,000,000. of 1974, the amounts of outlays of the Fed- Sec. 203. Deficit-reduction reserve fund for Fiscal year 2017: $3,458,011,000,000. eral Old-Age and Survivors Insurance Trust the repeal of Davis-Bacon pre- Fiscal year 2018: $3,659,956,000,000. Fund and the Federal Disability Insurance vailing wage laws. Fiscal year 2019: $3,893,357,000,000. Trust Fund are as follows: Sec. 204. Deficit-reduction reserve fund for Fiscal year 2020: $4,090,845,000,000. Fiscal year 2012: $770,420,000,000. the reduction of purchasing and Fiscal year 2021: $4,262,660,000,000. Fiscal year 2013: $813,569,000,000. maintaining Federal vehicles. Fiscal year 2022: $4,464,458,000,000. Fiscal year 2014: $857,048,000,000. Sec. 205. Deficit-reduction reserve fund for (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2015: $901,705,000,000. the sale of financial assets pur- enforcement of this resolution, the appro- Fiscal year 2016: $950,000,000,000. chased through the Troubled priate levels of total budget outlays are as Fiscal year 2017: $1,004,219,000,000. Asset Relief Program. follows: Fiscal year 2018: $1,063,321,000,000. TITLE III—BUDGET PROCESS Fiscal year 2012: $3,565,725,000,000. Fiscal year 2019: $1,127,719,000,000. Subtitle A—Budget Enforcement Fiscal year 2013: $3,109,085,000,000. Fiscal year 2020: $1,197,313,000,000. Sec. 301. Discretionary spending limits for Fiscal year 2014: $3,098,368,000,000. Fiscal year 2021: $1,269,310,000,000. fiscal years 2012 through 2022, Fiscal year 2015: $3,092,240,000,000. Fiscal year 2022: $1,345,264,000,000. program integrity initiatives, Fiscal year 2016: $3,256,795,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- and other adjustments. Fiscal year 2017: $3,408,942,000,000. PENSES.—In the Senate, the amounts of new Sec. 302. Point of order against advance ap- Fiscal year 2018: $3,594,222,000,000. budget authority and budget outlays of the propriations. Fiscal year 2019: $3,842,333,000,000. Federal Old-Age and Survivors Insurance Sec. 303. Emergency legislation. Fiscal year 2020: $4,027,530,000,000. Trust Fund and the Federal Disability Insur- Sec. 304. Adjustments for the extension of Fiscal year 2021: $4,208,224,000,000. ance Trust Fund for administrative expenses certain current policies. Fiscal year 2022: $4,417,978,000,000. are as follows: Subtitle B—Other Provisions (4) DEFICITS.—For purposes of the enforce- Fiscal year 2012: ment of this resolution, the amounts of the (A) New budget authority, $5,822,000,000. Sec. 311. Oversight of Government perform- deficits are as follows: (B) Outlays, $5,793,000,000. ance. Fiscal year 2012: $1,043,000,000,000. Fiscal year 2013: Sec. 312. Application and effect of changes Fiscal year 2013: $795,000,000,000. (A) New budget authority, $5,868,000,000. in allocations and aggregates. Fiscal year 2014: $631,000,000,000. (B) Outlays, $6,108,000,000. Sec. 313. Adjustments to reflect changes in Fiscal year 2015: $62,000,000,000. Fiscal year 2014: concepts and definitions. Fiscal year 2016: $31,000,000,000. (A) New budget authority, $6,043,000,000. Sec. 314. Rescind unspent or unobligated Fiscal year 2017: ¥$111,000,000,000. (B) Outlays, $6,269,000,000. balances after 36 months. Fiscal year 2018: ¥$285,000,000,000. Fiscal year 2015: TITLE IV—RECONCILIATION Fiscal year 2019: ¥$302,000,000,000. (A) New budget authority, $6,223,000,000. Sec. 401. Reconciliation in the Senate. Fiscal year 2020: ¥$395,000,000,000. (B) Outlays, $6,386,000,000. ¥ TITLE V—CONGRESSIONAL POLICY Fiscal year 2021: $504,000,000,000. Fiscal year 2016: ¥ CHANGES Fiscal year 2022: $501,000,000,000. (A) New budget authority, $6,418,000,000. (5) PUBLIC DEBT.—Pursuant to section (B) Outlays, $6,379,000,000. Sec. 501. Policy statement on social secu- 301(a)(5) of the Congressional Budget Act of Fiscal year 2017: rity. 1974, the appropriate levels of the public debt (A) New budget authority, $6,616,000,000. Sec. 502. Policy statement on medicare. are as follows: (B) Outlays, $6,379,000,000. Sec. 503. Policy statement on tax reform. Fiscal year 2012: $11,368,000,000,000. Fiscal year 2018: TITLE VI—SENSE OF CONGRESS Fiscal year 2013: $12,197,000,000,000. (A) New budget authority, $6,838,000,000. Sec. 601. Regulatory reform. Fiscal year 2014: $12,912,000,000,000. (B) Outlays, $6,794,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2015: $13,084,000,000,000. Fiscal year 2019: AMOUNTS Fiscal year 2016: $13,230,000,000,000. (A) New budget authority, $7,071,000,000. Fiscal year 2017: $13,147,000,000,000. (B) Outlays, $7,024,000,000. SEC. 101. RECOMMENDED LEVELS AND Fiscal year 2018: $12,912,000,000,000. Fiscal year 2020: AMOUNTS. Fiscal year 2019: $12,631,000,000,000. (A) New budget authority, $7,304,000,000. The following budgetary levels are appro- Fiscal year 2020: $12,261,000,000,000. (B) Outlays, $7,257,000,000. priate for each of fiscal years 2012 through Fiscal year 2021: $11,787,000,000,000. Fiscal year 2021: 2022: Fiscal year 2022: $11,328,000,000,000. (A) New budget authority, $7,543,000,000. (1) FEDERAL REVENUES.—For purposes of (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $7,494,000,000. the enforcement of this resolution: priate levels of debt held by the public are as Fiscal year 2022: (A) The recommended levels of Federal follows: (A) New budget authority, $7,796,000,000. revenues are as follows: Fiscal year 2012: $11,242,000,000,000. (B) Outlays, $7,745,000,000. Fiscal year 2012: $1,896,000,000,000. Fiscal year 2013: $12,089,000,000,000. Fiscal year 2013: $1,615,000,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2014: $12,812,000,000,000. Fiscal year 2014: $1,740,000,000,000. Congress determines and declares that the Fiscal year 2015: $12,966,000,000,000. Fiscal year 2015: $2,261,000,000,000. appropriate levels of new budget authority Fiscal year 2016: $2,406,000,000,000. Fiscal year 2016: $13,076,000,000,000. and outlays for fiscal years 2011 through 2021 Fiscal year 2017: $2,651,000,000,000. Fiscal year 2017: $13,017,000,000,000. for each major functional category are: Fiscal year 2018: $2,965,000,000,000. Fiscal year 2018: $12,784,000,000,000. (1) National Defense (050): Fiscal year 2019: $3,186,000,000,000. Fiscal year 2019: $12,534,000,000,000. Fiscal year 2012: Fiscal year 2020: $3,419,000,000,000. Fiscal year 2020: $12,191,000,000,000. (A) New budget authority, $549,397,000,000. Fiscal year 2021: $3,663,000,000,000. Fiscal year 2021: $11,739,000,000,000. (B) Outlays, $559,626,000,000. Fiscal year 2022: $3,822,000,000,000. Fiscal year 2022: $11,290,000,000,000. Fiscal year 2013: (B) The amounts by which the aggregate SEC. 102. SOCIAL SECURITY. (A) New budget authority, $562,462,000,000. levels of Federal revenues should be changed (a) SOCIAL SECURITY REVENUES.—For pur- (B) Outlays, $587,049,000,000. are as follows: poses of Senate enforcement under sections Fiscal year 2014: Fiscal year 2012: ¥$23,000,000,000. 302 and 311 of the Congressional Budget Act (A) New budget authority, $562,462,000,000. Fiscal year 2013: ¥$675,000,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $587,807,000,000. Fiscal year 2014: ¥$845,000,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2015: Fiscal year 2015: ¥$537,000,000,000. Fund and the Federal Disability Insurance (A) New budget authority, $570,643,000,000. Fiscal year 2016: ¥$559,000,000,000. Trust Fund are as follows: (B) Outlays, $574,208,000,000. Fiscal year 2017: ¥$521,000,000,000. Fiscal year 2012: $627,000,000,000. Fiscal year 2016: Fiscal year 2018: ¥$365,000,000,000. Fiscal year 2013: $698,000,000,000. (A) New budget authority, $579,797,000,000. Fiscal year 2019: ¥$312,000,000,000. Fiscal year 2014: $728,000,000,000. (B) Outlays, $580,181,000,000.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2835 Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $20,811,000,000. (A) New budget authority, $591,058,000,000. (A) New budget authority, $9,886,000,000. (B) Outlays, $19,765,000,000. (B) Outlays, $583,077,000,000. (B) Outlays, $18,342,000,000. Fiscal year 2019: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, $21,010,000,000. (A) New budget authority, $602,310,000,000. (A) New budget authority, $923,000,000. (B) Outlays, $19,990,000,000. (B) Outlays, $587,825,000,000. (B) Outlays, $2,882,000,000. Fiscal year 2020: Fiscal year 2019: Fiscal year 2014: (A) New budget authority, $21,275,000,000. (A) New budget authority, $613,550,000,000. (A) New budget authority, $976,000,000. (B) Outlays, $20,266,000,000. (B) Outlays, $603,494,000,000. (B) Outlays, $2,349,000,000. Fiscal year 2021: Fiscal year 2020: Fiscal year 2015: (A) New budget authority, $21,560,000,000. (A) New budget authority, $625,785,000,000. (A) New budget authority, $1,003,000,000. (B) Outlays, $20,514,000,000. (B) Outlays, $615,208,000,000. (B) Outlays, $1,649,000,000. Fiscal year 2022: Fiscal year 2021: Fiscal year 2016: (A) New budget authority, $21,631,000,000. (A) New budget authority, $638,070,000,000. (A) New budget authority, $857,000,000. (B) Outlays, $20,583,000,000. (B) Outlays, $627,214,000,000. (B) Outlays, $801,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2022: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $651,718,000,000. (A) New budget authority, $886,000,000. (A) New budget authority, $42,288,000,000. (B) Outlays, $645,558,000,000. (B) Outlays, $829,000,000. (B) Outlays, $42,685,000,000. (2) International Affairs (150): Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $914,000,000. (A) New budget authority, $12,386,000,000. (A) New budget authority, $57,684,000,000. (B) Outlays, $856,000,000. (B) Outlays, $11,996,000,000. (B) Outlays, $50,501,000,000. Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $944,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $14,024,000,000. (B) Outlays, $885,000,000. (B) Outlays, ¥$552,000,000. (B) Outlays, $20,680,000,000. Fiscal year 2020: Fiscal year 2015: Fiscal year 2014: (A) New budget authority, $973,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $20,680,000,000. (B) Outlays, $912,000,000. (B) Outlays, ¥$1,240,000,000. (B) Outlays, $15,069,000,000. Fiscal year 2021: Fiscal year 2016: Fiscal year 2015: (A) New budget authority, $1,003,000,000. (A) New budget authority, $11,997,000,000. (A) New budget authority, $11,666,000,000. (B) Outlays, $940,000,000. (B) Outlays, ¥$4,202,000,000. (B) Outlays, $11,423,000,000. Fiscal year 2022: Fiscal year 2017: Fiscal year 2016: (A) New budget authority, $1,021,000,000. (A) New budget authority, $15,199,000,000. (A) New budget authority, $11,423,000,000. (B) Outlays, $955,000,000. (B) Outlays, ¥$4,255,000,000. (B) Outlays, $12,347,000,000. (5) Natural Resources and Environment Fiscal year 2018: Fiscal year 2017: (300): (A) New budget authority, $15,864,000,000. (A) New budget authority, $12,746,000,000. Fiscal year 2012: (B) Outlays, ¥$5,765,000,000. (B) Outlays, $13,359,000,000. (A) New budget authority, $37,109,000,000. Fiscal year 2019: Fiscal year 2018: (B) Outlays, $42,242,000,000. (A) New budget authority, $16,368,000,000. (A) New budget authority, $13,359,000,000. Fiscal year 2013: (B) Outlays, $2,829,000,000. (B) Outlays, $13,471,000,000. (A) New budget authority, $24,206,000,000. Fiscal year 2020: Fiscal year 2019: (B) Outlays, $23,864,000,000. (A) New budget authority, $16,930,000,000. (A) New budget authority, $14,318,000,000. Fiscal year 2014: (B) Outlays, $2,174,000,000. (B) Outlays, $14,318,000,000. (A) New budget authority, $23,864,000,000. Fiscal year 2021: Fiscal year 2020: (B) Outlays, $23,928,000,000. (A) New budget authority, $17,448,000,000. (A) New budget authority, $14,619,000,000. Fiscal year 2015: (B) Outlays, $1,283,000,000. (B) Outlays, $11,335,000,000. (A) New budget authority, $24,441,000,000. Fiscal year 2022: Fiscal year 2021: (B) Outlays, $22,864,000,000. (A) New budget authority, $17,820,000,000. (A) New budget authority, $14,921,000,000. Fiscal year 2016: (B) Outlays, $230,000,000. (B) Outlays, $11,541,000,000. (A) New budget authority, $24,912,000,000. (8) Transportation (400): Fiscal year 2022: (B) Outlays, $23,178,000,000. Fiscal year 2012: (A) New budget authority, $15,217,000,000. Fiscal year 2017: (A) New budget authority, $88,325,000,000. (B) Outlays, $11,742,000,000. (A) New budget authority, $25,401,000,000. (B) Outlays, $91,171,000,000. (3) General Science, Space, and Technology (B) Outlays, $23,571,000,000. Fiscal year 2013: (250): Fiscal year 2018: (A) New budget authority, $77,499,000,000. Fiscal year 2012: (A) New budget authority, $26,392,000,000. (B) Outlays, $80,200,000,000. (A) New budget authority, $29,836,000,000. (B) Outlays, $24,430,000,000. Fiscal year 2014: (B) Outlays, $31,175,000,000. Fiscal year 2019: (A) New budget authority, $76,644,000,000. Fiscal year 2013: (A) New budget authority, $26,745,000,000. (B) Outlays, $80,149,000,000. (A) New budget authority, $19,605,000,000. (B) Outlays, $24,747,000,000. Fiscal year 2015: (B) Outlays, $18,914,000,000. Fiscal year 2020: (A) New budget authority, $77,240,000,000. Fiscal year 2014: (A) New budget authority, $27,636,000,000. (B) Outlays, $81,869,000,000. (A) New budget authority, $19,962,000,000. (B) Outlays, $25,441,000,000. Fiscal year 2016: (B) Outlays, $19,222,000,000. Fiscal year 2021: (A) New budget authority, $78,217,000,000. Fiscal year 2015: (A) New budget authority, $27,558,000,000. (B) Outlays, $83,149,000,000. (A) New budget authority, $20,319,000,000. (B) Outlays, $25,561,000,000. Fiscal year 2017: (B) Outlays, $18,518,000,000. Fiscal year 2022: (A) New budget authority, $79,069,000,000. Fiscal year 2016: (A) New budget authority, $27,904,000,000. (B) Outlays, $84,439,000,000. (A) New budget authority, $20,682,000,000. (B) Outlays, $25,787,000,000. Fiscal year 2018: (B) Outlays, $18,849,000,000. (6) Agriculture (350): (A) New budget authority, $79,014,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $83,270,000,000. (A) New budget authority, $21,052,000,000. (A) New budget authority, $22,686,000,000. Fiscal year 2019: (B) Outlays, $19,186,000,000. (B) Outlays, $19,646,000,000. (A) New budget authority, $80,669,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $84,969,000,000. (A) New budget authority, $21,249,000,000. (A) New budget authority, $20,143,000,000. Fiscal year 2020: (B) Outlays, $19,529,000,000. (B) Outlays, $22,255,000,000. (A) New budget authority, $81,266,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $85,940,000,000. (A) New budget authority, $21,812,000,000. (A) New budget authority, $20,600,000,000. Fiscal year 2021: (B) Outlays, $19,878,000,000. (B) Outlays, $19,523,000,000. (A) New budget authority, $81,783,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $87,078,000,000. (A) New budget authority, $22,203,000,000. (A) New budget authority, $20,545,000,000. Fiscal year 2022: (B) Outlays, $20,234,000,000. (B) Outlays, $20,545,000,000. (A) New budget authority, $82,635,000,000. Fiscal year 2021: Fiscal year 2016: (B) Outlays, $88,495,000,000. (A) New budget authority, $22,600,000,000. (A) New budget authority, $20,567,000,000. (9) Community and Regional Development (B) Outlays, $20,596,000,000. (B) Outlays, $19,628,000,000. (450): Fiscal year 2022: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $23,005,000,000. (A) New budget authority, $20,518,000,000. (A) New budget authority, $18,783,000,000. (B) Outlays, $20,964,000,000. (B) Outlays, $19,549,000,000. (B) Outlays, $24,628,000,000. (4) Energy (270): Fiscal year 2018: Fiscal year 2013:

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2836 CONGRESSIONAL RECORD — SENATE April 26, 2012 (A) New budget authority, $11,998,000,000. (B) Outlays, $392,850,000,000. Fiscal year 2015: (B) Outlays, $13,439,000,000. Fiscal year 2020: (A) New budget authority, $912,103,000,000. Fiscal year 2014: (A) New budget authority, $417,710,000,000. (B) Outlays, $908,091,000,000. (A) New budget authority, $12,036,000,000. (B) Outlays, $403,283,000,000. Fiscal year 2016: (B) Outlays, $13,336,000,000. Fiscal year 2021: (A) New budget authority, $960,918,000,000. Fiscal year 2015: (A) New budget authority, $419,586,000,000. (B) Outlays, $956,379,000,000. (A) New budget authority, $12,256,000,000. (B) Outlays, $415,086,000,000. Fiscal year 2017: (B) Outlays, $12,761,000,000. Fiscal year 2022: (A) New budget authority, $1,075,559,000,000. Fiscal year 2016: (A) New budget authority, $431,913,000,000. (B) Outlays, $1,010,794,000,000. (A) New budget authority, $12,478,000,000. (B) Outlays, $427,453,000,000. Fiscal year 2018: (B) Outlays, $12,725,000,000. (12) Medicare (570): (A) New budget authority, $1,075,559,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $1,070,115,000,000. (A) New budget authority, $12,701,000,000. (A) New budget authority, $487,762,000,000. Fiscal year 2019: (B) Outlays, $11,854,000,000. (B) Outlays, $487,661,000,000. (A) New budget authority, $1,140,590,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $1,134,743,000,000. (A) New budget authority, $12,932,000,000. (A) New budget authority, $509,976,000,000. Fiscal year 2020: (B) Outlays, $11,621,000,000. (B) Outlays, $510,212,000,000. (A) New budget authority, $1,210,617,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $1,204,570,000,000. (A) New budget authority, $13,163,000,000. (A) New budget authority, $0. Fiscal year 2021: (B) Outlays, $11,835,000,000. (B) Outlays, $0. (A) New budget authority, $1,283,153,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $1,276,804,000,000. (A) New budget authority, $13,401,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, $12,073,000,000. (B) Outlays, $0. (A) New budget authority, $1,360,160,000,000. Fiscal year 2021: Fiscal year 2016: (B) Outlays, $1,353,009,000,000. (A) New budget authority, $13,645,000,000. (A) New budget authority, $0. (15) Veterans Benefits and Services (700): (B) Outlays, $12,325,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2022: Fiscal year 2017: (A) New budget authority, $126,263,000,000. (A) New budget authority, $13,890,000,000. (A) New budget authority, $0. (B) Outlays, $126,262,000,000. (B) Outlays, $12,647,000,000. (B) Outlays, $0. Fiscal year 2013: (10) Education, Training, Employment, and Fiscal year 2018: (A) New budget authority, $132,924,000,000. Social Services (500): (A) New budget authority, $0. (B) Outlays, $133,660,000,000. Fiscal year 2012: (B) Outlays, $0. Fiscal year 2014: (A) New budget authority, $88,578,000,000. Fiscal year 2019: (A) New budget authority, $135,032,000,000. (B) Outlays, $105,484,000,000. (A) New budget authority, $0. (B) Outlays, $135,471,000,000. Fiscal year 2013: (B) Outlays, $0. Fiscal year 2015: (A) New budget authority, $33,898,000,000. Fiscal year 2020: (A) New budget authority, $138,369,000,000. (B) Outlays, $42,292,000,000. (A) New budget authority, $0. (B) Outlays, $138,367,000,000. Fiscal year 2014: (B) Outlays, $0. Fiscal year 2016: (A) New budget authority, $30,868,000,000. Fiscal year 2021: (A) New budget authority, $147,201,000,000. (B) Outlays, $32,933,000,000. (A) New budget authority, $0. (B) Outlays, $146,698,000,000. Fiscal year 2015: (B) Outlays, $0. Fiscal year 2017: (A) New budget authority, $32,868,000,000. Fiscal year 2022: (A) New budget authority, $146,175,000,000. (B) Outlays, $29,490,000,000. (A) New budget authority, $0. (B) Outlays, $145,526,000,000. Fiscal year 2016: (B) Outlays, $0. Fiscal year 2018: (A) New budget authority, $33,437,000,000. (13) Income Security (600): (A) New budget authority, $145,004,000,000. (B) Outlays, $29,870,000,000. Fiscal year 2012: (B) Outlays, $144,303,000,000. Fiscal year 2017: (A) New budget authority, $534,107,000,000. Fiscal year 2019: (A) New budget authority, $42,660,000,000. (B) Outlays, $533,175,000,000. (A) New budget authority, $154,685,000,000. (B) Outlays, $37,022,000,000. Fiscal year 2013: (B) Outlays, $153,943,000,000. Fiscal year 2018: (A) New budget authority, $355,125,000,000. Fiscal year 2020: (A) New budget authority, $46,337,000,000. (B) Outlays, $347,966,000,000. (A) New budget authority, $159,160,000,000. (B) Outlays, $43,104,000,000. Fiscal year 2014: (B) Outlays, $158,409,000,000. Fiscal year 2019: (A) New budget authority, $362,716,000,000. Fiscal year 2021: (A) New budget authority, $49,313,000,000. (B) Outlays, $355,966,000,000. (A) New budget authority, $163,701,000,000. (B) Outlays, $45,960,000,000. Fiscal year 2015: (B) Outlays, $163,701,000,000. Fiscal year 2020: (A) New budget authority, $362,163,000,000. Fiscal year 2022: (A) New budget authority, $49,859,000,000. (B) Outlays, $357,163,000,000. (A) New budget authority, $173,802,000,000. (B) Outlays, $47,385,000,000. Fiscal year 2016: (B) Outlays, $172,995,000,000. Fiscal year 2021: (A) New budget authority, $369,163,000,000. (16) Administration of Justice (750): (A) New budget authority, $50,122,000,000. (B) Outlays, $369,695,000,000. Fiscal year 2012: (B) Outlays, $50,122,000,000. Fiscal year 2017: (A) New budget authority, $51,700,000,000. Fiscal year 2022: (A) New budget authority, $368,254,000,000. (B) Outlays, $54,471,000,000. (A) New budget authority, $50,554,000,000. (B) Outlays, $364,817,000,000. Fiscal year 2013: (B) Outlays, $47,920,000,000. Fiscal year 2018: (A) New budget authority, $50,998,000,000. (11) Health (550): (A) New budget authority, $371,087,000,000. (B) Outlays, $38,113,000,000. Fiscal year 2012: (B) Outlays, $636,453,000,000. Fiscal year 2014: (A) New budget authority, $357,821,000,000. Fiscal year 2019: (A) New budget authority, $41,766,000,000. (B) Outlays, $358,737,000,000. (A) New budget authority, $385,838,000,000. (B) Outlays, $40,926,000,000. Fiscal year 2013: (B) Outlays, $383,743,000,000. Fiscal year 2015: (A) New budget authority, $338,159,000,000. Fiscal year 2020: (A) New budget authority, $42,296,000,000. (B) Outlays, $334,163,000,000. (A) New budget authority, $396,715,000,000. (B) Outlays, $40,215,000,000. Fiscal year 2014: (B) Outlays, $395,180,000,000. Fiscal year 2016: (A) New budget authority, $348,397,000,000. Fiscal year 2021: (A) New budget authority, $45,028,000,000. (B) Outlays, $338,935,000,000. (A) New budget authority, $408,219,000,000. (B) Outlays, $42,812,000,000. Fiscal year 2015: (B) Outlays, $407,134,000,000. Fiscal year 2017: (A) New budget authority, $359,620,000,000. Fiscal year 2022: (A) New budget authority, $43,922,000,000. (B) Outlays, $357,023,000,000. (A) New budget authority, $422,855,000,000. (B) Outlays, $41,759,000,000. Fiscal year 2016: (B) Outlays, $427,176,000,000. Fiscal year 2018: (A) New budget authority, $365,157,000,000. (14) Social Security (650): (A) New budget authority, $44,527,000,000. (B) Outlays, $364,094,000,000. Fiscal year 2012: (B) Outlays, $42,294,000,000. Fiscal year 2017: (A) New budget authority, $779,797,000,000. Fiscal year 2019: (A) New budget authority, $374,943,000,000. (B) Outlays, $776,213,000,000. (A) New budget authority, $45,216,000,000. (B) Outlays, $373,308,000,000. Fiscal year 2013: (B) Outlays, $41,863,000,000. Fiscal year 2018: (A) New budget authority, $823,017,000,000. Fiscal year 2020: (A) New budget authority, $385,894,000,000. (B) Outlays, $819,677,000,000. (A) New budget authority, $45,915,000,000. (B) Outlays, $381,726,000,000. Fiscal year 2014: (B) Outlays, $41,951,000,000. Fiscal year 2019: (A) New budget authority, $866,901,000,000. Fiscal year 2021: (A) New budget authority, $397,015,000,000. (B) Outlays, $863,317,000,000. (A) New budget authority, $46,787,000,000.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2837 (B) Outlays, $42,718,000,000. (A) New budget authority, ¥$92,742,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, ¥$92,742,000,000. (B) Outlays, $0. (A) New budget authority, $51,306,000,000. Fiscal year 2017: Fiscal year 2021: (B) Outlays, $47,151,000,000. (A) New budget authority, ¥$91,236,000,000. (A) New budget authority, $0. (17) General Government (800): (B) Outlays, ¥$91,236,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2018: Fiscal year 2022: (A) New budget authority, (A) New budget authority, ¥$86,010,000,000. (A) New budget authority, $0. $24,163,000,000,000. (B) Outlays, ¥$86,010,000,000. (B) Outlays, $0. (B) Outlays, $30,033,000,000. Fiscal year 2019: (22) Congressional Health Insurance for Fiscal year 2013: (A) New budget authority, ¥$56,114,000,000. Seniors (990): (A) New budget authority, $21,262,000,000. (B) Outlays, ¥$56,114,000,000. Fiscal year 2012: (B) Outlays, $18,354,000,000. Fiscal year 2020: (A) New budget authority, $0. Fiscal year 2014: (A) New budget authority, ¥$58,063,000,000. (B) Outlays, $0. (A) New budget authority, $21,414,000,000. (B) Outlays, ¥$58,063,000,000. Fiscal year 2013: (B) Outlays, $19,949,000,000. Fiscal year 2021: (A) New budget authority, $3,125,000,000. Fiscal year 2015: (A) New budget authority, ¥$58,990,000,000. (B) Outlays, $3,125,000,000. (A) New budget authority, $21,586,000,000. (B) Outlays, ¥$58,990,000,000. Fiscal year 2014: (B) Outlays, $20,149,000,000. Fiscal year 2022: (A) New budget authority, $539,435,000,000. Fiscal year 2016: (A) New budget authority, ¥$55,589,000,000. (B) Outlays, $532,135,000,000. (A) New budget authority, $21,762,000,000. (B) Outlays, ¥$55,589,000,000. Fiscal year 2015: (B) Outlays, $20,373,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $466,210,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $468,810,000,000. (A) New budget authority, $22,114,000,000. (A) New budget authority, ¥$91,535,000,000. Fiscal year 2016: (B) Outlays, $20,531,000,000. (B) Outlays, ¥$91,535,000,000. (A) New budget authority, $494,278,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $494,278,000,000. ¥ (A) New budget authority, $22,470,000,000. (A) New budget authority, $95,678,000,000. Fiscal year 2017: ¥ (B) Outlays, $20,836,000,000. (B) Outlays, $95,678,000,000. (A) New budget authority, $513,342,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $511,342,000,000. ¥ (A) New budget authority, $22,893,000,000. (A) New budget authority, $96,030,000,000. Fiscal year 2018: ¥ (B) Outlays, $21,252,000,000. (B) Outlays, $96,030,000,000. (A) New budget authority, $544,406,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $542,406,000,000. (A) New budget authority, $23,227,000,000. (A) New budget authority, Fiscal year 2019: ¥ (B) Outlays, $21,614,000,000. $101,010,000,000. (A) New budget authority, $577,470,000,000. ¥ Fiscal year 2021: (B) Outlays, $101,010,000,000. (B) Outlays, $575,470,000,000. (A) New budget authority, $23,622,000,000. Fiscal year 2016: Fiscal year 2020: (B) Outlays, $21,904,000,000. (A) New budget authority, (A) New budget authority, $623,534,000,000. Fiscal year 2022: ¥$104,680,000,000. (B) Outlays, $623,534,000,000. (A) New budget authority, $23,933,000,000. (B) Outlays, ¥$104,680,000,000. Fiscal year 2021: (B) Outlays, $22,217,000,000. Fiscal year 2017: (A) New budget authority, $666,598,000,000. (18) Net Interest (900): (A) New budget authority, (B) Outlays, $664,598,000,000. Fiscal year 2012: ¥$117,921,000,000. Fiscal year 2022: (A) New budget authority, $224,064,000,000. (B) Outlays, ¥$117,921,000,000. (A) New budget authority, $712,662,000,000. (B) Outlays, $224,064,000,000. Fiscal year 2018: (B) Outlays, $710,662,000,000. Fiscal year 2013: (A) New budget authority, (A) New budget authority, $183,281,000,000. ¥$123,045,000,000. TITLE II—RESERVE FUNDS (B) Outlays, $183,281,000,000. (B) Outlays, ¥$123,045,000,000. SEC. 201. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2014: Fiscal year 2019: FOR THE SALE OF UNUSED OR VA- (A) New budget authority, $184,653,000,000. (A) New budget authority, CANT FEDERAL PROPERTIES. (B) Outlays, $184,653,000,000. ¥$133,352,000,000. The Chairman of the Committee on the Fiscal year 2015: (B) Outlays, ¥$133,352,000,000. Budget of the Senate may reduce the alloca- (A) New budget authority, $211,497,000,000. Fiscal year 2020: tions of a committee or committees, aggre- (B) Outlays, $211,497,000,000. (A) New budget authority, gates, and other appropriate levels and lim- Fiscal year 2016: ¥$138,451,000,000. its in this resolution for one or more bills, (A) New budget authority, $293,109,000,000. (B) Outlays, ¥$138,451,000,000. joint resolutions, amendments, motions, or (B) Outlays, $293,109,000,000. Fiscal year 2021: conference reports that achieve savings by Fiscal year 2017: (A) New budget authority, selling any unused or vacant Federal prop- (A) New budget authority, $361,394,000,000. ¥$144,197,000,000. erties. The Chairman may also make adjust- (B) Outlays, $361,394,000,000. (B) Outlays, ¥$144,197,000,000. ments to the Senate’s pay-as-you-go ledger Fiscal year 2018: Fiscal year 2022: over 10 years to ensure that the deficit re- (A) New budget authority, $440,040,000,000. (A) New budget authority, duction achieved is used for deficit reduction (B) Outlays, $440,040,000,000. ¥$150,911,000,000. only. The adjustments authorized under this Fiscal year 2019: (B) Outlays, ¥$150,911,000,000. section shall be of the amount of deficit re- (A) New budget authority, $501,224,000,000. (21) Global War on Terrorism (970): duction achieved. (B) Outlays, $501,224,000,000. Fiscal year 2012: SEC. 202. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2020: (A) New budget authority, $126,544,000,000. FOR SELLING EXCESS FEDERAL (A) New budget authority, $536,534,000,000. (B) Outlays, $126,544,000,000. LAND. (B) Outlays, $536,534,000,000. Fiscal year 2013: The Chairman of the Committee on the Fiscal year 2021: (A) New budget authority, $50,000,000,000. Budget of the Senate may reduce the alloca- (A) New budget authority, $565,473,000,000. (B) Outlays, $50,000,000,000. tions of a committee or committees, aggre- (B) Outlays, $565,473,000,000. Fiscal year 2014: gates, and other appropriate levels and lim- Fiscal year 2022: (A) New budget authority, $0. its in this resolution for one or more bills, (A) New budget authority, (B) Outlays, $0. joint resolutions, amendments, motions, or ¥$588,933,000,000. Fiscal year 2015: conference reports that achieve savings by (B) Outlays, ¥$588,933,000,000. (A) New budget authority, $0. selling any excess Federal land. The Chair- (19) Allowances (920): (B) Outlays, $0. man may also make adjustments to the Sen- Fiscal year 2012 Fiscal year 2016: ate’s pay-as-you-go ledger over 10 years to (A) New budget authority, ¥$45,400,000,000. (A) New budget authority, $0. ensure that the deficit reduction achieved is (B) Outlays, ¥$45,400,000,000. (B) Outlays, $0. used for deficit reduction only. The adjust- Fiscal year 2013: Fiscal year 2017: ments authorized under this section shall be (A) New budget authority, ¥$57,358,000,000. (A) New budget authority, $0. of the amount of deficit reduction achieved. (B) Outlays, ¥$57,358,000,000. (B) Outlays, $0. SEC. 203. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2014: Fiscal year 2018: FOR THE REPEAL OF DAVIS-BACON (A) New budget authority, ¥$71,118,000,000. (A) New budget authority, $0. PREVAILING WAGE LAWS. (B) Outlays, ¥$71,118,000,000. (B) Outlays, $0. The Chairman of the Committee on the Fiscal year 2015: Fiscal year 2019: Budget of the Senate may reduce the alloca- (A) New budget authority, ¥$79,148,000,000. (A) New budget authority, $0. tions of a committee or committees, aggre- (B) Outlays, ¥$79,148,000,000. (B) Outlays, $0. gates, and other appropriate levels and lim- Fiscal year 2016: Fiscal year 2020: its in this resolution for one or more bills,

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2838 CONGRESSIONAL RECORD — SENATE April 26, 2012 joint resolutions, amendments, motions, or (2) for fiscal year 2013, $934,104,000,000 in (v) for fiscal year 2016, $0 in new budget au- conference reports from savings achieved by new budget authority and $1,023,435,000,000 in thority and the outlays flowing therefrom; repealing the Davis-Bacon prevailing wage outlays; (vi) for fiscal year 2017, $0 in new budget laws. The Chairman may also make adjust- (3) for fiscal year 2014, $891,861,000,000 in authority and the outlays flowing therefrom; ments to the Senate’s pay-as-you-go ledger new budget authority and $965,519,000,000 in (vii) for fiscal year 2018, $0 in new budget over 10 years to ensure that the deficit re- outlays; authority and the outlays flowing therefrom; duction achieved is used for deficit reduction (4) for fiscal year 2015, $906,188,000,000 in (viii) for fiscal year 2019, $0 in new budget only. The adjustments authorized under this new budget authority and $943,141,000,000 in authority and the outlays flowing therefrom; section shall be of the amount of deficit re- outlays; (ix) for fiscal year 2020, $0 in new budget duction achieved. (5) for fiscal year 2016 $921,824,000,000 in new authority and the outlays flowing therefrom; SEC. 204. DEFICIT-REDUCTION RESERVE FUND budget authority and $955,362,000,000 in out- (x) for fiscal year 2021, $0 in new budget au- FOR THE REDUCTION OF PUR- lays; thority and the outlays flowing therefrom; CHASING AND MAINTAINING FED- (6) for fiscal year 2017, $939,918,000,000 in and ERAL VEHICLES. new budget authority and $964,874,000,000 in (xi) for fiscal year 2022, $0 in new budget The Chairman of the Committee on the outlays; authority and the outlays flowing therefrom. Budget of the Senate may reduce the alloca- (7) for fiscal year 2018, $958,654,000,000 in SEC. 302. POINT OF ORDER AGAINST ADVANCE tions of a committee or committees, aggre- new budget authority and $974,728,000,000 in APPROPRIATIONS. gates, and other appropriate levels and lim- outlays; (a) POINT OF ORDER.—It shall not be in its in this resolution for one or more bills, (8) for fiscal year 2019, $977,693,000,000 in order in the Senate to consider any bill, joint resolutions, amendments, motions, or new budget authority and $998,696,000,000 in joint resolution, motion, amendment, or con- conference reports that achieve savings by outlays; ference report that would provide an advance reducing the federal vehicles fleet. The (9) for fiscal year 2020, $997,939,000,000 in appropriation. Chairman may also make adjustments to the new budget authority and $1,018,172,000,000 in (b) DEFINITION.—In this section, the term Senate’s pay-as-you-go ledger over 10 years outlays; ‘‘advance appropriation’’ means any new to ensure that the deficit reduction achieved (10) for fiscal year 2021, $1,018,340,000,000 in budget authority provided in a bill or joint is used for deficit reduction only. The adjust- new budget authority and $1,038,189,000,000 in resolution making appropriations for fiscal ments authorized under this section shall be outlays; and year 2013 that first becomes available for any of the amount of deficit reduction achieved. (11) for fiscal year 2022, $1,040,081,000,000 in fiscal year after 2012, or any new budget au- new budget authority and $1,064,838,000,000 in SEC. 205. DEFICIT-REDUCTION RESERVE FUND thority provided in a bill or joint resolution FOR THE SALE OF FINANCIAL AS- outlays; making general appropriations or continuing SETS PURCHASED THROUGH THE as adjusted in conformance with the adjust- appropriations for fiscal year 2013, that first TROUBLED ASSET RELIEF PRO- ment procedures in subsection (c). becomes available for any fiscal year after GRAM. (c) ADJUSTMENTS IN THE SENATE.— 2013. The Chairman of the Committee on the (1) IN GENERAL.—After the reporting of a SEC. 303. EMERGENCY LEGISLATION. Budget of the Senate may reduce the alloca- bill or joint resolution relating to any mat- (a) AUTHORITY TO DESIGNATE.—In the Sen- tions of a committee or committees, aggre- ter described in paragraph (2), or the offering ate, with respect to a provision of direct gates, and other appropriate levels and lim- of an amendment or motion thereto or the spending or receipts legislation or appropria- its in this resolution for one or more bills, submission of a conference report thereon— tions for discretionary accounts that Con- joint resolutions, amendments, motions, or (A) the Chairman of the Committee on the gress designates as an emergency require- conference reports that achieve savings by Budget of the Senate may adjust the discre- ment in such measure, the amounts of new selling financial instruments and equity ac- tionary spending limits, budgetary aggre- budget authority, outlays, and receipts in all cumulated through the Troubled Asset Relief gates, and allocations pursuant to section fiscal years resulting from that provision Program. The Chairman may also make ad- 302(a) of the Congressional Budget Act of shall be treated as an emergency require- justments to the Senate’s pay-as-you-go 1974, by the amount of new budget authority ment for the purpose of this section. ledger over 10 years to ensure that the def- in that measure for that purpose and the (b) EXEMPTION OF EMERGENCY PROVI- icit reduction achieved is used for deficit re- outlays flowing therefrom; and SIONS.—Any new budget authority, outlays, duction only. The adjustments authorized (B) following any adjustment under sub- and receipts resulting from any provision under this section shall be of the amount of paragraph (A), the Committee on Appropria- designated as an emergency requirement, deficit reduction achieved. tions of the Senate may report appropriately pursuant to this section, in any bill, joint revised suballocations pursuant to section resolution, amendment, or conference report TITLE III—BUDGET PROCESS 302(b) of the Congressional Budget Act of 1974 shall not count for purposes of sections 302 Subtitle A—Budget Enforcement to carry out this subsection. and 311 of the Congressional Budget Act of SEC. 301. DISCRETIONARY SPENDING LIMITS FOR (2) ADJUSTMENTS TO SUPPORT ONGOING 1974, section 201 of S. Con. Res. 21 (110th Con- FISCAL YEARS 2012 THROUGH 2022, OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- gress) (relating to pay-as-you-go), section 311 PROGRAM INTEGRITY INITIATIVES, TIES.— of S. Con. Res. 70 (110th Congress) (relating AND OTHER ADJUSTMENTS. (A) ADJUSTMENTS.—The Chairman of the to long-term deficits), and section 404 of S. (a) SENATE POINT OF ORDER.— Committee on the Budget of the Senate may Con. Res. 13 (111th Congress) (relating to (1) IN GENERAL.—Except as otherwise pro- adjust the discretionary spending limits, al- short-term deficits), and section 301 of this vided in this section, it shall not be in order locations to the Committee on Appropria- resolution (relating to discretionary spend- in the Senate to consider any bill or joint tions of the Senate, and aggregates for one ing). Designated emergency provisions shall resolution (or amendment, motion, or con- or more— not count for the purpose of revising alloca- ference report on that bill or joint resolu- (i) bills reported by the Committee on Ap- tions, aggregates, or other levels pursuant to tion) that would cause the discretionary propriations of the Senate or passed by the procedures established under section 301(b)(7) spending limits in this section to be exceed- House of Representatives; of the Congressional Budget Act of 1974 for ed. (ii) joint resolutions or amendments re- deficit-neutral reserve funds and revising (2) SUPERMAJORITY WAIVER AND APPEALS.— ported by the Committee on Appropriations discretionary spending limits set pursuant to (A) WAIVER.—This subsection may be of the Senate; section 301 of this resolution. waived or suspended in the Senate only by (iii) amendments between the Houses re- (c) DESIGNATIONS.—If a provision of legisla- the affirmative vote of two-thirds of the ceived from the House of Representatives or tion is designated as an emergency require- Members, duly chosen and sworn. Senate amendments offered by the authority ment under this section, the committee re- (B) APPEALS.—Appeals in the Senate from of the Committee on Appropriations of the port and any statement of managers accom- the decisions of the Chair relating to any Senate; or panying that legislation shall include an ex- provision of this subsection shall be limited (iv) conference reports; planation of the manner in which the provi- to 1 hour, to be equally divided between, and making appropriations for overseas deploy- sion meets the criteria in subsection (f). controlled by, the appellant and the manager ments and other activities in the amounts (d) DEFINITIONS.—In this section, the terms of the bill or joint resolution. An affirmative specified in subparagraph (B). ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- vote of two-thirds of the Members of the (B) AMOUNTS SPECIFIED.—The amounts priations for discretionary accounts’’ mean Senate, duly chosen and sworn, shall be re- specified are— any provision of a bill, joint resolution, quired to sustain an appeal of the ruling of (i) for fiscal year 2012, $126,544,000,000 in amendment, motion, or conference report the Chair on a point of order raised under new budget authority and the outlays flow- that affects direct spending, receipts, or ap- this subsection. ing therefrom; propriations as those terms have been de- (b) SENATE DISCRETIONARY SPENDING LIM- (ii) for fiscal year 2013, $50,000,000,000 in fined and interpreted for purposes of the Bal- ITS.—In the Senate and as used in this sec- new budget authority and the outlays flow- anced Budget and Emergency Deficit Control tion, the term ‘‘discretionary spending ing therefrom; Act of 1985. limit’’ means— (iii) for fiscal year 2014, $0 in new budget (e) POINT OF ORDER.— (1) for fiscal year 2012, $1,201,863,000,000 in authority and the outlays flowing therefrom; (1) IN GENERAL.—When the Senate is con- new budget authority and $1,308,512,000,000 in (iv) for fiscal year 2015, $0 in new budget sidering a bill, resolution, amendment, mo- outlays; authority and the outlays flowing therefrom; tion, or conference report, if a point of order

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is made by a Senator against an emergency (b) COVERED POINTS OF ORDER.—The Chair- SEC. 313. ADJUSTMENTS TO REFLECT CHANGES designation in that measure, that provision man of the Committee on the Budget of the IN CONCEPTS AND DEFINITIONS. making such a designation shall be stricken Senate may make adjustments pursuant to Upon the enactment of a bill or joint reso- from the measure and may not be offered as this section for the following points of order lution providing for a change in concepts or an amendment from the floor. only: definitions, the Chairman of the Committee (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) Section 201 of S. Con. Res. 21 (110th Con- on the Budget of the Senate may make ad- (A) WAIVER.—Paragraph (1) may be waived gress) (relating to pay-as-you-go). justments to the levels and allocations in or suspended in the Senate only by an af- (2) Section 311 of S. Con. Res. 70 (110th Con- this resolution in accordance with section firmative vote of two-thirds of the Members, gress) (relating to long-term deficits). 251(b) of the Balanced Budget and Emergency duly chosen and sworn. (3) Section 404 of S. Con. Res. 13 (111th Con- Deficit Control Act of 1985 (as in effect prior (B) APPEALS.—Appeals in the Senate from gress) (relating to short-term deficits). to September 30, 2002). the decisions of the Chair relating to any (c) QUALIFYING LEGISLATION.—The Chair- SEC. 314. RESCIND UNSPENT OR UNOBLIGATED provision of this subsection shall be limited man of the Committee on the Budget of the BALANCES AFTER 36 MONTHS. to 1 hour, to be equally divided between, and Senate may make adjustments authorized (a) APPLICATION.—Any adjustments of allo- controlled by, the appellant and the manager under subsection (a) for legislation con- cations and aggregates made pursuant to of the bill or joint resolution, as the case taining provisions that— this resolution shall require that any unobli- may be. An affirmative vote of three-fifths of (1) amend or supersede the system for up- gated or unspent allocations be rescinded the Members of the Senate, duly chosen and dating payments made under subsections after 36 months. sworn, shall be required to sustain an appeal 1848 (d) and (f) of the Social Security Act, (b) EFFECT OF CHANGED ALLOCATIONS AND of the ruling of the Chair on a point of order consistent with section 7(c) of the Statutory AGGREGATES.—Revised allocations and ag- raised under this subsection. Pay-As-You-Go Act of 2010 (Public Law 111– gregates resulting from these adjustments (3) DEFINITION OF AN EMERGENCY DESIGNA- 139); resulting from the required rescissions shall TION.—For purposes of paragraph (1), a provi- (2) amend the Internal Revenue Code of be considered for the purposes of the Con- sion shall be considered an emergency des- 1986, in order to establish a single, flat tax gressional Budget Act of 1974 as allocations ignation if it designates any item as an rate of 17 percent consistent with section and aggregates contained in this resolution. emergency requirement pursuant to this sub- 7(d) of the Statutory Pay-As-You-Go Act of (c) BUDGET COMMITTEE DETERMINATIONS.— section. 2010; and For purposes of this resolution the levels of (4) FORM OF THE POINT OF ORDER.—A point (3) extend relief from the Alternative Min- new budget authority, outlays, direct spend- of order under paragraph (1) may be raised imum Tax for individuals under sections 55– ing, new entitlement authority, revenues, by a Senator as provided in section 313(e) of 59 of the Internal Revenue Code of 1986, con- deficits, and surpluses for a fiscal year or pe- the Congressional Budget Act of 1974. sistent with section 7(e) of the Statutory riod of fiscal years shall be determined on (5) CONFERENCE REPORTS.—When the Sen- Pay-As-You-Go Act of 2010. the basis of estimates made by the Com- mittee on the Budget of the Senate. ate is considering a conference report on, or (d) DEFINITION.—For the purposes of this an amendment between the Houses in rela- section, the terms ‘‘budgetary effects’’ or TITLE IV—RECONCILIATION tion to, a bill, upon a point of order being ‘‘effects’’ mean the amount by which a provi- SEC. 401. RECONCILIATION IN THE SENATE. made by any Senator pursuant to this sec- sion changes direct spending or revenues rel- (a) SUBMISSION TO PROVIDE FOR THE RE- tion, and such point of order being sustained, ative to the baseline. FORM OF MANDATORY SPENDING.— such material contained in such conference (e) SUNSET.—This section shall expire on (1) IN GENERAL.—Not later than September report shall be deemed stricken, and the Sen- December 31, 2012. 1, 2012, the Senate committees named in ate shall proceed to consider the question of Subtitle B—Other Provisions paragraph (2) shall submit their rec- whether the Senate shall recede from its ommendations to the Committee on the amendment and concur with a further SEC. 311. OVERSIGHT OF GOVERNMENT PER- Budget of the United States Senate. After re- amendment, or concur in the House amend- FORMANCE. ceiving those recommendations from the ap- ment with a further amendment, as the case In the Senate, all committees are directed plicable committees of the Senate, the Com- may be, which further amendment shall con- to review programs and tax expenditures mittee on the Budget shall report to the Sen- sist of only that portion of the conference re- within their jurisdiction to identify waste, ate a reconciliation bill carrying out all such port or House amendment, as the case may fraud, abuse or duplication, and increase the recommendations without substantive revi- be, not so stricken. Any such motion in the use of performance data to inform com- sion. Senate shall be debatable. In any case in mittee work. Committees are also directed (2) INSTRUCTIONS.— which such point of order is sustained to review the matters for congressional con- (A) COMMITTEE ON FOREIGN RELATIONS.— against a conference report (or Senate sideration identified on the Government Ac- The Committee on Foreign Relations shall amendment derived from such conference re- countability Office’s High Risk list reports. report changes in law within its jurisdiction port by operation of this subsection), no fur- Based on these oversight efforts and per- sufficient to reduce direct spending by ther amendment shall be in order. formance reviews of programs within their $2,864,000,000 for the period of fiscal years (f) CRITERIA.— jurisdiction, committees are directed to in- 2013 through 2022. (1) IN GENERAL.—For purposes of this sec- clude recommendations for improved govern- (B) COMMITTEE ON COMMERCE, SCIENCE, AND tion, any provision is an emergency require- mental performance in their annual views TRANSPORTATION.—The Committee on Com- ment if the situation addressed by such pro- and estimates reports required under section merce, Science, and Transportation shall re- vision is— 301(d) of the Congressional Budget Act of 1974 port changes in law within its jurisdiction (A) necessary, essential, or vital (not mere- to the Committees on the Budget. sufficient to reduce direct spending outlays ly useful or beneficial); SEC. 312. APPLICATION AND EFFECT OF by $2,432,000,000 for the period of fiscal years (B) sudden, quickly coming into being, and CHANGES IN ALLOCATIONS AND AG- 2013 through 2022. not building up over time; GREGATES. (C) COMMITTEE ON AGRICULTURE, NUTRITION, (C) an urgent, pressing, and compelling (a) APPLICATION.—Any adjustments of allo- AND FORESTRY.—The Committee on Agri- need requiring immediate action; cations and aggregates made pursuant to culture, Nutrition, and Forestry shall report (D) subject to subparagraph (B), unfore- this resolution shall— changes in law within its jurisdiction suffi- seen, unpredictable, and unanticipated; and (1) apply while that measure is under con- cient to reduce direct spending outlays by (E) not permanent, temporary in nature. sideration; $6,100,000,000 for the period of fiscal years (2) UNFORESEEN.—An emergency that is (2) take effect upon the enactment of that 2013 through 2022. part of an aggregate level of anticipated measure; and (D) COMMITTEE ON ENVIRONMENT AND PUBLIC emergencies, particularly when normally es- (3) be published in the Congressional WORKS.—The Committee on Environment timated in advance, is not unforeseen. Record as soon as practicable. and Public Works shall report changes in (g) INAPPLICABILITY.—In the Senate, sec- tion 403 of S. Con. Res. 13 (111th Congress), (b) EFFECT OF CHANGED ALLOCATIONS AND laws within its jurisdiction sufficient to re- the concurrent resolution on the budget for AGGREGATES.—Revised allocations and ag- duce direct spending outlays by $3,422,000,000 fiscal year 2010, shall no longer apply. gregates resulting from these adjustments for the period of fiscal years 2013 through shall be considered for the purposes of the SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF 2022. CERTAIN CURRENT POLICIES. Congressional Budget Act of 1974 as alloca- (E) COMMITTEE ON HEALTH, EDUCATION, (a) ADJUSTMENT.—For the purposes of de- tions and aggregates contained in this reso- LABOR, AND PENSIONS.—The Committee on termining points of order specified in sub- lution. Health, Education, Labor, and Pensions shall section (b), the Chairman of the Committee (c) BUDGET COMMITTEE DETERMINATIONS.— report changes in laws within its jurisdiction on the Budget of the Senate may adjust the For purposes of this resolution the levels of sufficient to reduce direct spending outlays estimate of the budgetary effects of a bill, new budget authority, outlays, direct spend- by $1,584,000,000,000 for the period of fiscal joint resolution, amendment, motion, or con- ing, new entitlement authority, revenues, years 2013 through 2022. ference report that contains one or more pro- deficits, and surpluses for a fiscal year or pe- (F) COMMITTEE ON FINANCE.—The Com- visions meeting the criteria of subsection (c) riod of fiscal years shall be determined on mittee on Finance shall report changes in to exclude the amounts of qualifying budg- the basis of estimates made by the Com- laws within its jurisdiction sufficient to re- etary effects. mittee on the Budget of the Senate. duce direct spending outlays by

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2840 CONGRESSIONAL RECORD — SENATE April 26, 2012 $3,473,634,000,000 for the period of fiscal years tees of jurisdiction enact legislation to en- SENATE CONCURRENT RESOLU- 2013 through 2022. sure a tax reform that broadens the tax base, TION 43—PROVIDING FOR A CON- (G) COMMITTEE ON ENERGY AND NATURAL RE- reduces tax complexity, includes a consump- DITIONAL ADJOURNMENT OR RE- SOURCES.—The Committee on Energy and tion-based income tax, and a globally com- Natural Resources shall report changes in CESS OF THE SENATE AND AN petitive flat tax as follows: laws within its jurisdiction sufficient to re- ADJOURNMENT OF THE HOUSE (1) This concurrent resolution shall elimi- duce direct spending outlays by $7,818,000,000 OF REPRESENTATIVES for the period of fiscal years 2013 through nate all tax brackets and have one standard flat tax rate of 17 percent on adjusted gross Mr. REID submitted the following 2022. concurrent resolution; which was con- (b) SUBMISSION OF REVISED ALLOCATIONS.— income. The individual tax code shall re- Upon the submission to the Committee on move all credits and deductions, with excep- sidered and agreed to: the Budget of the Senate of a recommenda- tion to the mortgage interest deduction, off- S. CON. RES. 43 tion that has complied with its reconcili- setting these with a substantially higher Resolved by the Senate (the House of Rep- ation instructions solely by virtue of section standard deduction and personal exemption. resentatives concurring), That when the Sen- 310(c) of the Congressional Budget Act of The standard deduction for joint filers is ate recesses or adjourns on any day from 1974, the chairman of that committee may $30,320, $19,350 for head of household, and Thursday, April 26, 2012, through Sunday, file with the Senate revised allocations $15,160 for single filers. The personal exemp- May 6, 2012, on a motion offered pursuant to under section 302(a) of such Act and revised tion amount is $6,530. This proposal elimi- this concurrent resolution by its Majority functional levels and aggregates. nates the individual alternative minimum Leader or his designee, it stand recessed or TITLE V—CONGRESSIONAL POLICY tax (AMT). The tax reform would repeal all adjourned until 12 noon on Monday, May 7, CHANGES tax on savings and investments, including 2012, or such other time on that day as may SEC. 501. POLICY STATEMENT ON SOCIAL SECU- capital gains, qualified and ordinary divi- be specified by its Majority Leader or his RITY. dends, estate, gift, and interest saving taxes. designee in the motion to recess or adjourn, It is the policy of this concurrent resolu- (2) This concurrent resolution shall elimi- or until the time of any reassembly pursuant tion that Congress and the relevant commit- nate all tax brackets and have one standard to section 2 of this concurrent resolution, tees of jurisdiction enact legislation to en- flat tax of 17 percent on adjusted gross in- whichever occurs first; and that when the sure the Social Security System achieves come. The business tax code shall remove all House adjourns on any legislative day solvency over the 75 year window as follows: through Friday, May 4, 2012, on a motion of- credits and deductions, offsetting these with (1) The legislation must modify the Pri- fered pursuant to this concurrent resolution a lower tax rate and immediate expensing of mary Insurance Amount formula between by its Majority Leader or his designee, it all business inputs. Such inputs shall be de- 2018 and 2055 to gradually reduce benefits on stand adjourned until 2:00 p.m. on Monday, a progressive basis for works with career-av- termined by total revenue from the sale of May 7, 2012, or until the time of any re- erage earnings above the 40th percentile of good and services less purchases of inputs assembly pursuant to section 2 of this con- new retired workers. from other firms less wages, salaries, and current resolution, whichever occurs first. (2) The normal retirement age will in- pensions paid to workers less purchases of SEC. 2. The Majority Leader of the Senate crease by 3 months each year starting with plant and equipment. and the Speaker of the House, or their re- individuals reaching age 62 in 2017 and stop- (3) The individuals and businesses would be spective designees, acting jointly after con- ping with the normal retirement age reaches subject to taxation on only those incomes sultation with the Minority Leader of the the age of 70 for individuals reaching the age that are produced or derived, as a territorial Senate and the Minority Leader of the of 62 in 2032. system in the United States. The aggregate House, shall notify the Members of the Sen- (3) The earliest eligibility age will be in- taxes paid should provide the ability to fill ate and House, respectively, to reassemble at creased by 3 months per year starting with out a tax return no larger than a postcard. such place and time as they may designate individuals reaching age 62 in 2021 and will if, in their opinion, the public interest shall stop with the reaches age 64 for individuals TITLE VI—SENSE OF CONGRESS warrant it. reaching the age 62 in 2028 or later. SEC. 601. REGULATORY REFORM. f SEC. 502. POLICY STATEMENT ON MEDICARE. It is the policy of this concurrent resolu- It is the policy of this concurrent resolu- AMENDMENTS SUBMITTED AND tion that Congress and the relevant commit- tion that Congress and the relevant commit- PROPOSED tees of jurisdiction enact legislation to en- tees of jurisdiction enact legislation to en- sure a reduction in the unfunded liabilities SA 2091. Ms. MURKOWSKI (for herself and sure a regulatory reform as follows: of Medicare as follows: Mr. BEGICH) submitted an amendment in- (1) APPLY REGULATORY ANALYSIS REQUIRE- (1) Enrolls seniors in the same health care tended to be proposed by her to the bill S. plan as Federal employees and Members of MENTS TO INDEPENDENT AGENCIES.—It shall be 1925, to reauthorize the Violence Against Congress, similar to the Federal Employee the policy of Congress to pass into law a re- Women Act of 1994; which was ordered to lie Health Benefits Plan (FEHBP). quirement for independent agencies to abide on the table. (2) Beginning on January 1, 2014, the Direc- by the same regulatory analysis requirement SA 2092. Ms. MURKOWSKI (for herself and tor of the Office of Personnel Management as those required by executive branch agen- Mr. BEGICH) submitted an amendment in- shall ensure seniors currently enrolled or eli- cies tended to be proposed by her to the bill S. gible for Medicare will have access to Con- (2) ADOPT THE REGULATIONS FROM THE EXEC- 1925, supra; which was ordered to lie on the gressional Health Care for Seniors Act. UTIVE IN NEED OF SCRUTINY ACT (REINS).—It table. (3) Prevents the Office of Personnel and shall be the of Congress to vote on the Exec- SA 2093. Mr. REID (for Mr. LEAHY) pro- Management from placing onerous new man- utive In Need of Scrutiny Act, legislation posed an amendment to the bill S. 1925, dates on health insurance plans, but allows that would require all regulations that im- supra. the agency to continue to enforce reasonable pose a burden greater than $100 million in SA 2094. Ms. KLOBUCHAR submitted an amendment intended to be proposed to minimal stands for plans, ensure the plans economic aggregate may not be implement amendment SA 2093 proposed by Mr. REID are fiscally solvent, and enforces rules for as law unless Congress gives their consent by consumer protections. (for Mr. LEAHY) to the bill S. 1925, supra. voting on the rule. SA 2095. Mrs. HUTCHISON (for herself, Mr. (4) The legislation must create a new (3) SUNSET ALL REGULATIONS.—It shall be GRASSLEY, Mr. MCCONNELL, Mr. CORNYN, Mr. ‘‘high-risk pool’’ for the highest cost pa- the policy of Congress that regulations im- tients, providing a direct reimbursement to KYL, Mr. ALEXANDER, Mr. MORAN, Mr. posed by the Federal Government shall auto- CORKER, and Mr. JOHANNS) proposed an health care plans that enroll the costliest 5 matically sunset every 2 years unless re- percent of patients. amendment to amendment SA 2093 proposed promulgated by Congress. (5) Ensures that every senior can afford the by Mr. REID (for Mr. LEAHY) to the bill S. (4) PROCESS REFORM.—It shall be the policy high-quality insurance offered by FEHBP, 1925, supra. of Congress to implement regulatory process providing support for 75 percent of the total SA 2096. Mrs. SHAHEEN submitted an costs, providing additional premium assist- reform by instituting statutorily require amendment intended to be proposed by her ance to those who cannot afford the remain- regulatory impact analysis for all agencies, to the bill S. 1925, supra; which was ordered ing share. require the publication of regulatory impact to lie on the table. (6) The legislation must increase the age of analysis before the regulation is finalized, SA 2097. Mr. BLUMENTHAL (for himself eligibility gradually over 20 years, increas- and ensure that not only are regulatory im- and Mr. KIRK) submitted an amendment in- ing the age from 65 to 70, resulting in a 3- pact analysis conducted, but applied to the tended to be proposed by him to the bill S. month increase per year. issued regulation or rulemaking. 1925, supra; which was ordered to lie on the (7) High-income seniors will be provided (5) INCORPORATION OF FORMAL RULEMAKING table. less premium support than low-income sen- FOR MAJOR RULES.—It shall be the policy of f iors. Congress to apply formal rulemaking proce- TEXT OF AMENDMENTS SEC. 503. POLICY STATEMENT ON TAX REFORM. dures to all major regulations or those regu- It is the policy of this concurrent resolu- lations that exceed $100,000,000 in aggregate SA 2091. Ms. MURKOWSKI (for her- tion that Congress and the relevant commit- economic costs. self and Mr. BEGICH) submitted an

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.099 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2841 amendment intended to be proposed by jurisdiction, the participating tribe shall SEC. 905. TRIBAL PROTECTION ORDERS. her to the bill S. 1925, to reauthorize provide to the defendant— (a) IN GENERAL.—Section 2265 of title 18, the Violence Against Women Act of ‘‘(1) all applicable rights under this Act; United States Code, is amended by striking ‘‘(2) if a term of imprisonment of any subsection (e) and inserting the following: 1994; which was ordered to lie on the ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- table; as follows: length is imposed, all rights described in sec- tion 202(c); and poses of this section, a court of an Indian Beginning on page 364, strike line 3 and all ‘‘(3) all other rights whose protection is tribe shall have full civil jurisdiction to that follows through page 377, line 17, and in- necessary under the Constitution of the issue and enforce protection orders involving sert the following: United States in order for Congress to recog- any person, including the authority to en- ‘‘(3) APPLICABILITY.—Nothing in this sec- nize and affirm the inherent power of the force any orders through civil contempt pro- tion— participating tribe to exercise special domes- ceedings, to exclude violators from Indian ‘‘(A) creates or eliminates any Federal or tic violence criminal jurisdiction over the land, and to use other appropriate mecha- State criminal jurisdiction over Indian coun- defendant. nisms, in matters arising anywhere in the try; or Indian country of the Indian tribe (as defined ‘‘(B) affects the authority of the United ‘‘(f) PETITIONS TO STAY DETENTION.— in section 1151) or otherwise within the au- States or any State government that has ‘‘(1) IN GENERAL.—A person has filed a peti- thority of the Indian tribe.’’. been delegated authority by the United tion for a writ of habeas corpus in a court of (b) APPLICABILITY.—Nothing in this Act, States to investigate and prosecute a crimi- the United States under section 203 may pe- including an amendment made by this Act, nal violation in Indian country. tition that court to stay further detention of alters or modifies the jurisdiction or author- ‘‘(c) CRIMINAL CONDUCT.—A participating that person by the participating tribe. ity of an Indian tribe in the State of Alaska tribe may exercise special domestic violence ‘‘(2) GRANT OF STAY.—A court shall grant a under section 2265(e) of title 18, United criminal jurisdiction over a defendant for stay described in paragraph (1) if the court— States Code (as in effect on the day before criminal conduct that falls into one or more ‘‘(A) finds that there is a substantial likeli- the date of enactment of this Act). of the following categories: hood that the habeas corpus petition will be SEC. 906. AMENDMENTS TO THE FEDERAL AS- ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- granted; and SAULT STATUTE. LENCE.—An act of domestic violence or dat- ‘‘(B) after giving each alleged victim in the (a) IN GENERAL.—Section 113 of title 18, ing violence that occurs in the Indian coun- matter an opportunity to be heard, finds by United States Code, is amended— try of the participating tribe. clear and convincing evidence that under (1) in subsection (a)— ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— conditions imposed by the court, the peti- (A) by striking paragraph (1) and inserting An act that— tioner is not likely to flee or pose a danger the following: ‘‘(A) occurs in the Indian country of the to any person or the community if released. ‘‘(1) Assault with intent to commit murder participating tribe; and or a violation of section 2241 or 2242, by a fine ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.— under this title, imprisonment for not more ‘‘(B) violates the portion of a protection The Attorney General may award grants to order that— than 20 years, or both.’’; the governments of Indian tribes (or to au- ‘‘(i) prohibits or provides protection (B) in paragraph (2), by striking ‘‘felony thorized designees of those governments)— against violent or threatening acts or har- under chapter 109A’’ and inserting ‘‘violation ‘‘(1) to strengthen tribal criminal justice assment against, sexual violence against, of section 2241 or 2242’’; systems to assist Indian tribes in exercising contact or communication with, or physical (C) in paragraph (3) by striking ‘‘and with- special domestic violence criminal jurisdic- proximity to, another person; out just cause or excuse,’’; tion, including— ‘‘(ii) was issued against the defendant; (D) in paragraph (4), by striking ‘‘six ‘‘(A) law enforcement (including the capac- ‘‘(iii) is enforceable by the participating months’’ and inserting ‘‘1 year’’; ity of law enforcement or court personnel to tribe; and (E) in paragraph (7)— enter information into and obtain informa- ‘‘(iv) is consistent with section 2265(b) of (i) by striking ‘‘substantial bodily injury tion from national crime information data- title 18, United States Code. to an individual who has not attained the bases); ‘‘(d) DISMISSAL OF CERTAIN CASES.— age of 16 years’’ and inserting ‘‘substantial ‘‘(B) prosecution; ‘‘(1) DEFINITION OF VICTIM.—In this sub- bodily injury to a spouse or intimate part- ‘‘(C) trial and appellate courts; section and with respect to a criminal pro- ner, a dating partner, or an individual who ‘‘(D) probation systems; ceeding in which a participating tribe exer- has not attained the age of 16 years’’; and ‘‘(E) detention and correctional facilities; cises special domestic violence criminal ju- (ii) by striking ‘‘fine’’ and inserting ‘‘a ‘‘(F) alternative rehabilitation centers; risdiction based on a criminal violation of a fine’’; and ‘‘(G) culturally appropriate services and protection order, the term ‘victim’ means a (F) by adding at the end the following: assistance for victims and their families; and person specifically protected by a protection ‘‘(8) Assault of a spouse, intimate partner, ‘‘(H) criminal codes and rules of criminal order that the defendant allegedly violated. or dating partner by strangling, suffocating, procedure, appellate procedure, and evi- ‘‘(2) NON-INDIAN VICTIMS AND DEFENDANTS.— or attempting to strangle or suffocate, by a dence; In a criminal proceeding in which a partici- fine under this title, imprisonment for not ‘‘(2) to provide indigent criminal defend- pating tribe exercises special domestic vio- more than 10 years, or both.’’; and ants with the effective assistance of licensed lence criminal jurisdiction, the case shall be (2) in subsection (b)— defense counsel, at no cost to the defendant, dismissed if— (A) by striking ‘‘(b) As used in this sub- in criminal proceedings in which a partici- ‘‘(A) the defendant files a pretrial motion section—’’ and inserting the following: to dismiss on the grounds that the alleged pating tribe prosecutes a crime of domestic ‘‘(b) DEFINITIONS.—In this section—’’; offense did not involve an Indian; and violence or dating violence or a criminal vio- (B) in paragraph (1)(B), by striking ‘‘and’’ ‘‘(B) the participating tribe fails to prove lation of a protection order; at the end; that the defendant or an alleged victim is an ‘‘(3) to ensure that, in criminal proceedings (C) in paragraph (2), by striking the period Indian. in which a participating tribe exercises spe- at the end and inserting a semicolon; and cial domestic violence criminal jurisdiction, ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal (D) by adding at the end the following: proceeding in which a participating tribe ex- jurors are summoned, selected, and in- ‘‘(3) the terms ‘dating partner’ and ‘spouse ercises special domestic violence criminal structed in a manner consistent with all ap- or intimate partner’ have the meanings jurisdiction, the case shall be dismissed if— plicable requirements; and given those terms in section 2266; ‘‘(A) the defendant files a pretrial motion ‘‘(4) to accord victims of domestic violence, ‘‘(4) the term ‘strangling’ means inten- to dismiss on the grounds that the defendant dating violence, and violations of protection tionally, knowingly, or recklessly impeding and the alleged victim lack sufficient ties to orders rights that are similar to the rights of the normal breathing or circulation of the the Indian tribe; and a crime victim described in section 3771(a) of blood of a person by applying pressure to the ‘‘(B) the prosecuting tribe fails to prove title 18, United States Code, consistent with throat or neck, regardless of whether that that the defendant or an alleged victim— tribal law and custom. conduct results in any visible injury or ‘‘(i) resides in the Indian country of the ‘‘(h) SUPPLEMENT, NOT SUPPLANT.— whether there is any intent to kill or participating tribe; Amounts made available under this section protractedly injure the victim; and ‘‘(ii) is employed in the Indian country of shall supplement and not supplant any other ‘‘(5) the term ‘suffocating’ means inten- the participating tribe; or Federal, State, tribal, or local government tionally, knowingly, or recklessly impeding ‘‘(iii) is a spouse or intimate partner of a amounts made available to carry out activi- the normal breathing of a person by covering member of the participating tribe. ties described in this section. the mouth of the person, the nose of the per- ‘‘(4) WAIVER.—A knowing and voluntary son, or both, regardless of whether that con- failure of a defendant to file a pretrial mo- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— duct results in any visible injury or whether tion described in paragraph (2) or (3) shall be There are authorized to be appropriated there is any intent to kill or protractedly in- considered a waiver of the right to seek a $5,000,000 for each of fiscal years 2012 through jure the victim.’’. dismissal under this subsection. 2016 to carry out subsection (g) and to pro- (b) INDIAN MAJOR CRIMES.—Section 1153(a) ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal vide training, technical assistance, data col- of title 18, United States Code, is amended by proceeding in which a participating tribe ex- lection, and evaluation of the criminal jus- striking ‘‘assault with intent to commit ercises special domestic violence criminal tice systems of participating tribes.’’. murder, assault with a dangerous weapon,

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.105 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2842 CONGRESSIONAL RECORD — SENATE April 26, 2012 assault resulting in serious bodily injury (as 2812(f)) is amended by striking ‘‘2 years’’ and ‘‘(A) the defendant files a pretrial motion defined in section 1365 of this title)’’ and in- inserting ‘‘3 years’’. to dismiss on the grounds that the alleged serting ‘‘a felony assault under section 113’’. (b) REPORT.—The Attorney General, in con- offense did not involve an Indian; and (c) REPEAT OFFENDERS.—Section sultation with the Attorney General of the ‘‘(B) the participating tribe fails to prove 2265A(b)(1)(B) of title 18, United States Code, State of Alaska, the Commissioner of Public that the defendant or an alleged victim is an is amended by inserting ‘‘or tribal’’ after Safety of the State of Alaska, the Alaska Indian. ‘‘State’’. Federation of Natives and Federally recog- ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal SEC. 907. ANALYSIS AND RESEARCH ON VIO- nized Indian tribes in the State of Alaska, proceeding in which a participating tribe ex- LENCE AGAINST INDIAN WOMEN. shall report to Congress not later than one ercises special domestic violence criminal (a) IN GENERAL.—Section 904(a) of the Vio- year after enactment of this Act with re- jurisdiction, the case shall be dismissed if— lence Against Women and Department of spect to whether the Alaska Rural Justice ‘‘(A) the defendant files a pretrial motion Justice Reauthorization Act of 2005 (42 and Law Enforcement Commission estab- to dismiss on the grounds that the defendant U.S.C. 3796gg–10 note) is amended— lished under Section 112(a)(1) of the Consoli- and the alleged victim lack sufficient ties to (1) in paragraph (1)— dated Appropriations Act, 2004 should be con- the Indian tribe; and (A) by striking ‘‘The National’’ and insert- tinued and appropriations authorized for the ‘‘(B) the prosecuting tribe fails to prove ing ‘‘Not later than 2 years after the date of continued work of the commission. The re- that the defendant or an alleged victim— enactment of the Violence Against Women port may contain recommendations for legis- ‘‘(i) resides in the Indian country of the Reauthorization Act of 2011, the National’’; lation with respect to the scope of work and participating tribe; and composition of the commission. ‘‘(ii) is employed in the Indian country of (B) by inserting ‘‘and in Native villages (as SEC. 910. LIMITATION. the participating tribe; or defined in section 3 of the Alaska Native ‘‘(iii) is a spouse or intimate partner of a Nothing in this Act or an amendment Claims Settlement Act (43 U.S.C. 1602))’’ be- member of the participating tribe. made by this Act limits, alters, expands, or fore the period at the end; ‘‘(4) WAIVER.—A knowing and voluntary diminishes the civil or criminal jurisdiction (2) in paragraph (2)(A)— failure of a defendant to file a pretrial mo- of the State of Alaska, any subdivision of the (A) in clause (iv), by striking ‘‘and’’ at the tion described in paragraph (2) or (3) shall be State of Alaska, or any Indian tribe in the end; considered a waiver of the right to seek a State of Alaska. (B) in clause (v), by striking the period at dismissal under this subsection. the end and inserting ‘‘; and’’; and ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal (C) by adding at the end the following: SA 2092. Ms. MURKOWSKI (for her- proceeding in which a participating tribe ex- ‘‘(vi) sex trafficking.’’; self and Mr. BEGICH) submitted an ercises special domestic violence criminal (3) in paragraph (4), by striking ‘‘this Act’’ amendment intended to be proposed by jurisdiction, the participating tribe shall and inserting ‘‘the Violence Against Women her to the bill S. 1925, to reauthorize provide to the defendant— Reauthorization Act of 2011’’; and the Violence Against Women Act of ‘‘(1) all applicable rights under this Act; (4) in paragraph (5), by striking ‘‘this sec- 1994; which was ordered to lie on the ‘‘(2) if a term of imprisonment of any tion $1,000,000 for each of fiscal years 2007 and table; as follows: length is imposed, all rights described in sec- 2008’’ and inserting ‘‘this subsection $1,000,000 tion 202(c); and for each of fiscal years 2012 and 2013’’. Beginning on page 364, strike line 3 and all ‘‘(3) all other rights whose protection is (b) AUTHORIZATION OF APPROPRIATIONS.— that follows through page 377, line 17, and in- necessary under the Constitution of the Section 905(b)(2) of the Violence Against sert the following: United States in order for Congress to recog- Women and Department of Justice Reauthor- ‘‘(3) APPLICABILITY.—Nothing in this sec- nize and affirm the inherent power of the ization Act of 2005 (28 U.S.C. 534 note) is tion— participating tribe to exercise special domes- amended by striking ‘‘fiscal years 2007 ‘‘(A) creates or eliminates any Federal or tic violence criminal jurisdiction over the through 2011’’ and inserting ‘‘fiscal years 2012 State criminal jurisdiction over Indian coun- defendant. through 2016’’. try; or ‘‘(f) PETITIONS TO STAY DETENTION.— SEC. 908. EFFECTIVE DATES; PILOT PROJECT. ‘‘(B) affects the authority of the United ‘‘(1) IN GENERAL.—A person has filed a peti- (a) GENERAL EFFECTIVE DATE.—Except as States or any State government that has tion for a writ of habeas corpus in a court of provided in section 4 and subsection (b) of been delegated authority by the United the United States under section 203 may pe- this section, the amendments made by this States to investigate and prosecute a crimi- tition that court to stay further detention of title shall take effect on the date of enact- nal violation in Indian country. that person by the participating tribe. ment of this Act. ‘‘(c) CRIMINAL CONDUCT.—A participating ‘‘(2) GRANT OF STAY.—A court shall grant a (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC- tribe may exercise special domestic violence stay described in paragraph (1) if the court— VIOLENCE CRIMINAL JURISDICTION.— criminal jurisdiction over a defendant for ‘‘(A) finds that there is a substantial likeli- (1) IN GENERAL.—Except as provided in criminal conduct that falls into one or more hood that the habeas corpus petition will be paragraph (2), subsections (b) through (e) of of the following categories: granted; and section 204 of Public Law 90–284 (as added by ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- ‘‘(B) after giving each alleged victim in the section 904) shall take effect on the date that LENCE.—An act of domestic violence or dat- matter an opportunity to be heard, finds by is 2 years after the date of enactment of this ing violence that occurs in the Indian coun- clear and convincing evidence that under Act. try of the participating tribe. conditions imposed by the court, the peti- (2) PILOT PROJECT.— ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— tioner is not likely to flee or pose a danger (A) IN GENERAL.—At any time during the 2- An act that— to any person or the community if released. year period beginning on the date of enact- ‘‘(A) occurs in the Indian country of the ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.— ment of this Act, an Indian tribe may ask participating tribe; and The Attorney General may award grants to the Attorney General to designate the tribe ‘‘(B) violates the portion of a protection the governments of Indian tribes (or to au- as a participating tribe under section 204(a) order that— thorized designees of those governments)— of Public Law 90–284 on an accelerated basis. ‘‘(i) prohibits or provides protection ‘‘(1) to strengthen tribal criminal justice (B) PROCEDURE.—The Attorney General against violent or threatening acts or har- systems to assist Indian tribes in exercising may grant a request under subparagraph (A) assment against, sexual violence against, special domestic violence criminal jurisdic- after coordinating with the Secretary of the contact or communication with, or physical tion, including— Interior, consulting with affected Indian proximity to, another person; ‘‘(A) law enforcement (including the capac- tribes, and concluding that the criminal jus- ‘‘(ii) was issued against the defendant; ity of law enforcement or court personnel to tice system of the requesting tribe has ade- ‘‘(iii) is enforceable by the participating enter information into and obtain informa- quate safeguards in place to protect defend- tribe; and tion from national crime information data- ants’ rights, consistent with section 204 of ‘‘(iv) is consistent with section 2265(b) of bases); Public Law 90–284. title 18, United States Code. ‘‘(B) prosecution; (C) EFFECTIVE DATES FOR PILOT PROJECTS.— ‘‘(d) DISMISSAL OF CERTAIN CASES.— ‘‘(C) trial and appellate courts; An Indian tribe designated as a participating ‘‘(1) DEFINITION OF VICTIM.—In this sub- ‘‘(D) probation systems; tribe under this paragraph may commence section and with respect to a criminal pro- ‘‘(E) detention and correctional facilities; exercising special domestic violence crimi- ceeding in which a participating tribe exer- ‘‘(F) alternative rehabilitation centers; nal jurisdiction pursuant to subsections (b) cises special domestic violence criminal ju- ‘‘(G) culturally appropriate services and through (e) of section 204 of Public Law 90– risdiction based on a criminal violation of a assistance for victims and their families; and 284 on a date established by the Attorney protection order, the term ‘victim’ means a ‘‘(H) criminal codes and rules of criminal General, after consultation with that Indian person specifically protected by a protection procedure, appellate procedure, and evi- tribe, but in no event later than the date order that the defendant allegedly violated. dence; that is 2 years after the date of enactment of ‘‘(2) NON-INDIAN VICTIMS AND DEFENDANTS.— ‘‘(2) to provide indigent criminal defend- this Act. In a criminal proceeding in which a partici- ants with the effective assistance of licensed SEC. 909. INDIAN LAW AND ORDER COMMISSION. pating tribe exercises special domestic vio- defense counsel, at no cost to the defendant, (a) IN GENERAL.—Section 15(f) of the Indian lence criminal jurisdiction, the case shall be in criminal proceedings in which a partici- Law Enforcement Reform Act (25 U.S.C. dismissed if— pating tribe prosecutes a crime of domestic

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violence or dating violence or a criminal vio- (B) in paragraph (1)(B), by striking ‘‘and’’ (A) IN GENERAL.—At any time during the 2- lation of a protection order; at the end; year period beginning on the date of enact- ‘‘(3) to ensure that, in criminal proceedings (C) in paragraph (2), by striking the period ment of this Act, an Indian tribe may ask in which a participating tribe exercises spe- at the end and inserting a semicolon; and the Attorney General to designate the tribe cial domestic violence criminal jurisdiction, (D) by adding at the end the following: as a participating tribe under section 204(a) jurors are summoned, selected, and in- ‘‘(3) the terms ‘dating partner’ and ‘spouse of Public Law 90–284 on an accelerated basis. structed in a manner consistent with all ap- or intimate partner’ have the meanings (B) PROCEDURE.—The Attorney General plicable requirements; and given those terms in section 2266; may grant a request under subparagraph (A) ‘‘(4) to accord victims of domestic violence, ‘‘(4) the term ‘strangling’ means inten- after coordinating with the Secretary of the dating violence, and violations of protection tionally, knowingly, or recklessly impeding Interior, consulting with affected Indian orders rights that are similar to the rights of the normal breathing or circulation of the tribes, and concluding that the criminal jus- a crime victim described in section 3771(a) of blood of a person by applying pressure to the tice system of the requesting tribe has ade- title 18, United States Code, consistent with throat or neck, regardless of whether that quate safeguards in place to protect defend- tribal law and custom. conduct results in any visible injury or ants’ rights, consistent with section 204 of ‘‘(h) SUPPLEMENT, NOT SUPPLANT.— whether there is any intent to kill or Public Law 90–284. Amounts made available under this section protractedly injure the victim; and (C) EFFECTIVE DATES FOR PILOT PROJECTS.— shall supplement and not supplant any other ‘‘(5) the term ‘suffocating’ means inten- An Indian tribe designated as a participating Federal, State, tribal, or local government tionally, knowingly, or recklessly impeding tribe under this paragraph may commence amounts made available to carry out activi- the normal breathing of a person by covering exercising special domestic violence crimi- ties described in this section. the mouth of the person, the nose of the per- nal jurisdiction pursuant to subsections (b) ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— son, or both, regardless of whether that con- through (e) of section 204 of Public Law 90– There are authorized to be appropriated duct results in any visible injury or whether 284 on a date established by the Attorney $5,000,000 for each of fiscal years 2012 through there is any intent to kill or protractedly in- General, after consultation with that Indian 2016 to carry out subsection (g) and to pro- jure the victim.’’. tribe, but in no event later than the date vide training, technical assistance, data col- (b) INDIAN MAJOR CRIMES.—Section 1153(a) that is 2 years after the date of enactment of lection, and evaluation of the criminal jus- of title 18, United States Code, is amended by this Act. tice systems of participating tribes.’’. striking ‘‘assault with intent to commit SEC. 909. INDIAN LAW AND ORDER COMMISSION. SEC. 905. TRIBAL PROTECTION ORDERS. murder, assault with a dangerous weapon, (a) IN GENERAL.—Section 15(f) of the Indian (a) IN GENERAL.—Section 2265 of title 18, assault resulting in serious bodily injury (as Law Enforcement Reform Act (25 U.S.C. United States Code, is amended by striking defined in section 1365 of this title)’’ and in- 2812(f)) is amended by striking ‘‘2 years’’ and subsection (e) and inserting the following: serting ‘‘a felony assault under section 113’’. inserting ‘‘3 years’’. ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- (c) REPEAT OFFENDERS.—Section (b) REPORT.—The Attorney General, in con- poses of this section, a court of an Indian 2265A(b)(1)(B) of title 18, United States Code, sultation with the Attorney General of the tribe shall have full civil jurisdiction to is amended by inserting ‘‘or tribal’’ after State of Alaska, the Commissioner of Public issue and enforce protection orders involving ‘‘State’’. Safety of the State of Alaska, the Alaska any person, including the authority to en- SEC. 907. ANALYSIS AND RESEARCH ON VIO- Federation of Natives and Federally recog- force any orders through civil contempt pro- LENCE AGAINST INDIAN WOMEN. nized Indian tribes in the State of Alaska, ceedings, to exclude violators from Indian (a) IN GENERAL.—Section 904(a) of the Vio- shall report to Congress not later than one land, and to use other appropriate mecha- lence Against Women and Department of year after enactment of this Act with re- nisms, in matters arising anywhere in the Justice Reauthorization Act of 2005 (42 spect to whether the Alaska Rural Justice Indian country of the Indian tribe (as defined U.S.C. 3796gg–10 note) is amended— and Law Enforcement Commission estab- in section 1151) or otherwise within the au- (1) in paragraph (1)— lished under Section 112(a)(1) of the Consoli- thority of the Indian tribe.’’. (A) by striking ‘‘The National’’ and insert- dated Appropriations Act, 2004 should be con- (b) APPLICABILITY.—Nothing in this Act, ing ‘‘Not later than 2 years after the date of tinued and appropriations authorized for the including an amendment made by this Act, enactment of the Violence Against Women continued work of the commission. The re- alters or modifies the jurisdiction or author- Reauthorization Act of 2011, the National’’; port may contain recommendations for legis- ity of an Indian tribe in the State of Alaska and lation with respect to the scope of work and under section 2265(e) of title 18, United (B) by inserting ‘‘and in Native villages (as composition of the commission. States Code (as in effect on the day before defined in section 3 of the Alaska Native SEC. 910. LIMITATION. the date of enactment of this Act). Claims Settlement Act (43 U.S.C. 1602))’’ be- Nothing in this Act or an amendment SEC. 906. AMENDMENTS TO THE FEDERAL AS- fore the period at the end; made by this Act limits, alters, expands, or SAULT STATUTE. (2) in paragraph (2)(A)— diminishes the civil or criminal jurisdiction (a) IN GENERAL.—Section 113 of title 18, (A) in clause (iv), by striking ‘‘and’’ at the of the State of Alaska, any subdivision of the United States Code, is amended— end; State of Alaska, or any Indian tribe in the (1) in subsection (a)— (B) in clause (v), by striking the period at State of Alaska. (A) by striking paragraph (1) and inserting the end and inserting ‘‘; and’’; and the following: (C) by adding at the end the following: SA 2093. Mr. REID (for Mr. LEAHY) ‘‘(1) Assault with intent to commit murder ‘‘(vi) sex trafficking.’’; proposed an amendment to the bill S. or a violation of section 2241 or 2242, by a fine (3) in paragraph (4), by striking ‘‘this Act’’ 1925, to reauthorize the Violence under this title, imprisonment for not more and inserting ‘‘the Violence Against Women Against Women Act of 1994; as follows: than 20 years, or both.’’; Reauthorization Act of 2011’’; and Strike all after the enacting clause and in- (B) in paragraph (2), by striking ‘‘felony (4) in paragraph (5), by striking ‘‘this sec- sert the following: under chapter 109A’’ and inserting ‘‘violation tion $1,000,000 for each of fiscal years 2007 and SECTION 1. SHORT TITLE. of section 2241 or 2242’’; 2008’’ and inserting ‘‘this subsection $1,000,000 This Act may be cited as the ‘‘Violence (C) in paragraph (3) by striking ‘‘and with- for each of fiscal years 2012 and 2013’’. Against Women Reauthorization Act of out just cause or excuse,’’; (b) AUTHORIZATION OF APPROPRIATIONS.— 2011’’. Section 905(b)(2) of the Violence Against (D) in paragraph (4), by striking ‘‘six SEC. 2. TABLE OF CONTENTS. months’’ and inserting ‘‘1 year’’; Women and Department of Justice Reauthor- The table of contents for this Act is as fol- (E) in paragraph (7)— ization Act of 2005 (28 U.S.C. 534 note) is lows: (i) by striking ‘‘substantial bodily injury amended by striking ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal years 2012 Sec. 1. Short title. to an individual who has not attained the Sec. 2. Table of contents. age of 16 years’’ and inserting ‘‘substantial through 2016’’. Sec. 3. Universal definitions and grant con- bodily injury to a spouse or intimate part- SEC. 908. EFFECTIVE DATES; PILOT PROJECT. ditions. ner, a dating partner, or an individual who (a) GENERAL EFFECTIVE DATE.—Except as Sec. 4. Effective date. has not attained the age of 16 years’’; and provided in section 4 and subsection (b) of TITLE I—ENHANCING JUDICIAL AND LAW (ii) by striking ‘‘fine’’ and inserting ‘‘a this section, the amendments made by this ENFORCEMENT TOOLS TO COMBAT VI- fine’’; and title shall take effect on the date of enact- OLENCE AGAINST WOMEN (F) by adding at the end the following: ment of this Act. Sec. 101. Stop grants. ‘‘(8) Assault of a spouse, intimate partner, (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC- Sec. 102. Grants to encourage arrest policies or dating partner by strangling, suffocating, VIOLENCE CRIMINAL JURISDICTION.— and enforcement of protection or attempting to strangle or suffocate, by a (1) IN GENERAL.—Except as provided in orders. fine under this title, imprisonment for not paragraph (2), subsections (b) through (e) of Sec. 103. Legal assistance for victims. more than 10 years, or both.’’; and section 204 of Public Law 90–284 (as added by Sec. 104. Consolidation of grants to support (2) in subsection (b)— section 904) shall take effect on the date that families in the justice system. (A) by striking ‘‘(b) As used in this sub- is 2 years after the date of enactment of this Sec. 105. Sex offender management. section—’’ and inserting the following: Act. Sec. 106. Court-appointed special advocate ‘‘(b) DEFINITIONS.—In this section—’’; (2) PILOT PROJECT.— program.

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Sec. 107. Criminal provision relating to Sec. 808. Regulation of international mar- ‘‘(6) CULTURALLY SPECIFIC SERVICES.—The stalking, including riage brokers. term ‘culturally specific services’ means cyberstalking. Sec. 809. Eligibility of crime and trafficking community-based services that include cul- Sec. 108. Outreach and services to under- victims in the Commonwealth turally relevant and linguistically specific served populations grant. of the Northern Mariana Is- services and resources to culturally specific Sec. 109. Culturally specific services grant. lands to adjust status. communities. TITLE II—IMPROVING SERVICES FOR Sec. 810. Diversity immigrant visa petition ‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul- VICTIMS OF DOMESTIC VIOLENCE, fee. turally specific’ means primarily directed to- DATING VIOLENCE, SEXUAL ASSAULT, Sec. 811. Budgetary effects. ward racial and ethnic minority groups (as AND STALKING Sec. 812. Disclosure of information for na- defined in section 1707(g) of the Public tional security purposes. Sec. 201. Sexual assault services program. Health Service Act (42 U.S.C. 300u–6(g)).’’; Sec. 202. Rural domestic violence, dating vi- TITLE IX—SAFETY FOR INDIAN WOMEN (7) in paragraph (8), as redesignated, by in- olence, sexual assault, stalking, Sec. 901. Grants to Indian tribal govern- serting ‘‘or intimate partner’’ after ‘‘former spouse’’ and ‘‘as a spouse’’; and child abuse enforcement as- ments. sistance. Sec. 902. Grants to Indian tribal coalitions. (8) by inserting after paragraph (11), as re- Sec. 203. Training and services to end vio- Sec. 903. Consultation. designated, the following: lence against women with dis- Sec. 904. Tribal jurisdiction over crimes of ‘‘(12) HOMELESS.—The term ‘homeless’ has abilities grants. domestic violence. the meaning provided in 42 U.S.C. 14043e– Sec. 204. Enhanced training and services to Sec. 905. Tribal protection orders. 2(6).’’; end abuse in later life. Sec. 906. Amendments to the Federal assault (9) in paragraph (18), as redesignated, by inserting ‘‘or Village Public Safety Officers’’ TITLE III—SERVICES, PROTECTION, AND statute. Sec. 907. Analysis and research on violence after ‘‘government victim service programs; JUSTICE FOR YOUNG VICTIMS OF VIO- (10) in paragraph (21), as redesignated, by LENCE against Indian women. Sec. 908. Effective dates; pilot project. inserting at the end the following: Sec. 301. Rape prevention and education Sec. 909. Indian law and order commission; ‘‘Intake or referral, by itself, does not con- grant. Report on the Alaska Rural stitute legal assistance.’’; Sec. 302. Creating hope through outreach, Justice and Law Enforcement (11) by striking paragraph (17), as in effect options, services, and education Commission. before the amendments made by this sub- for children and youth. Sec. 910. Limitation. section; Sec. 303. Grants to combat violent crimes on (12) by amending paragraph (20), as redesig- TITLE X—OTHER MATTERS campuses. nated, to read as follows: Sec. 304. Campus sexual violence, domestic Sec. 1001. Criminal provisions relating to ‘‘(20) PERSONALLY IDENTIFYING INFORMATION violence, dating violence, and sexual abuse. OR PERSONAL INFORMATION.—The term ‘per- stalking education and preven- Sec. 1002. Sexual abuse in custodial settings. sonally identifying information’ or ‘personal tion. Sec. 1003. Anonymous online harassment. information’ means individually identifying TITLE IV—VIOLENCE REDUCTION Sec. 1004. Stalker database. information for or about an individual in- PRACTICES Sec. 1005. Federal victim assistants reau- cluding information likely to disclose the lo- thorization. cation of a victim of domestic violence, dat- Sec. 401. Study conducted by the centers for Sec. 1006. Child abuse training programs for disease control and prevention. ing violence, sexual assault, or stalking, re- judicial personnel and practi- gardless of whether the information is en- Sec. 402. Saving money and reducing trage- tioners reauthorization. dies through prevention grants. coded, encrypted, hashed, or otherwise pro- Sec. 1007. Mandatory minimum sentence. tected, including— TITLE V—STRENGTHENING THE Sec. 1008. Removal of drunk drivers. ‘‘(A) a first and last name; HEALTHCARE SYSTEM’S RESPONSE TO SEC. 3. UNIVERSAL DEFINITIONS AND GRANT ‘‘(B) a home or other physical address; DOMESTIC VIOLENCE, DATING VIO- CONDITIONS. ‘‘(C) contact information (including a post- LENCE, SEXUAL ASSAULT, AND (a) DEFINITIONS.—Subsection (a) of section al, e-mail or Internet protocol address, or STALKING 40002 of the Violence Against Women Act of telephone or facsimile number); Sec. 501. Consolidation of grants to 1994 (42 U.S.C. 13925(a)) is amended— ‘‘(D) a social security number, driver li- strengthen the healthcare sys- (1) by redesignating— cense number, passport number, or student tem’s response to domestic vio- (A) paragraph (1) as paragraph (2); identification number; and lence, dating violence, sexual (B) paragraph (2) as paragraph (3); ‘‘(E) any other information, including date assault, and stalking. (C) paragraphs (3) and (4) as paragraphs (4) of birth, racial or ethnic background, or reli- TITLE VI—SAFE HOMES FOR VICTIMS OF and (5), respectively; gious affiliation, that would serve to identify DOMESTIC VIOLENCE, DATING VIO- (D) paragraphs (6) through (9) as para- any individual.’’; LENCE, SEXUAL ASSAULT, AND graphs (8) through (11), respectively; (13) by inserting after paragraph (20), as re- STALKING (E) paragraphs (10) through (16) as para- designated, the following: graphs (13) through (19), respectively; Sec. 601. Housing protections for victims of ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— (F) paragraph (18) as paragraph (20); domestic violence, dating vio- The term ‘population specific organization’ (G) paragraphs (19) and (20) as paragraphs lence, sexual assault, and stalk- means a nonprofit, nongovernmental organi- (23) and (24), respectively; zation that primarily serves members of a ing. Sec. 602. Transitional housing assistance (H) paragraphs (21) through (23) as para- specific underserved population and has dem- grants for victims of domestic graphs (26) through (28), respectively; onstrated experience and expertise providing violence, dating violence, sex- (I) paragraphs (24) through (33) as para- targeted services to members of that specific ual assault, and stalking. graphs (30) through (39), respectively; underserved population. Sec. 603. Addressing the housing needs of (J) paragraphs (34) and (35) as paragraphs ‘‘(22) POPULATION SPECIFIC SERVICES.—The victims of domestic violence, (43) and (44); and term ‘population specific services’ means dating violence, sexual assault, (K) paragraph (37) as paragraph (45); victim-centered services that address the and stalking. (2) by inserting before paragraph (2), as re- safety, health, economic, legal, housing, designated, the following: workplace, immigration, confidentiality, or TITLE VII—ECONOMIC SECURITY FOR ‘‘(1) ALASKA NATIVE VILLAGE.—The term other needs of victims of domestic violence, VICTIMS OF VIOLENCE ‘Alaska Native village’ has the same mean- dating violence, sexual assault, or stalking, Sec. 701. National Resource Center on Work- ing given such term in the Alaska Native and that are designed primarily for and are place Responses to assist vic- Claims Settlement Act (43 U.S.C. 1601 et targeted to a specific underserved popu- tims of domestic and sexual vi- seq.).’’; lation.’’; olence. (3) in paragraph (3), as redesignated, by (14) in paragraph (23), as redesignated, by TITLE VIII—PROTECTION OF BATTERED striking ‘‘serious harm.’’ and inserting ‘‘seri- striking ‘‘services’’ and inserting ‘‘assist- IMMIGRANTS ous harm to an unemancipated minor.’’; ance’’; Sec. 801. U nonimmigrant definition. (4) in paragraph (4), as redesignated, by (15) by inserting after paragraph (24), as re- Sec. 802. Annual report on immigration ap- striking ‘‘The term’’ through ‘‘that—’’ and designated, the following: plications made by victims of inserting ‘‘The term ‘community-based orga- ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape abuse. nization’ means a nonprofit, nongovern- crisis center’ means a nonprofit, nongovern- Sec. 803. Protection for children of VAWA mental, or tribal organization that serves a mental, or tribal organization, or govern- self-petitioners. specific geographic community that—’’; mental entity in a State other than a Terri- Sec. 804. Public charge. (5) by striking paragraph (5), as in effect tory that provides intervention and related Sec. 805. Requirements applicable to U visas. before the amendments made by this sub- assistance, as specified in 42 U.S.C. Sec. 806. Hardship waivers. section; 14043g(b)(2)(C), to victims of sexual assault Sec. 807. Protections for a fiance´e or fiance´ (6) by inserting after paragraph (7), as re- without regard to their age. In the case of a of a citizen. designated, the following: governmental entity, the entity may not be

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2845 part of the criminal justice system (such as emergency and transitional shelter, accom- eral, tribal, or State reporting, evaluation, a law enforcement agency) and must be able paniment and advocacy through medical, or data collection requirements, whether for to offer a comparable level of confidentiality civil or criminal justice, immigration, and this program or any other Federal, tribal, or as a nonprofit entity that provides similar social support systems, crisis intervention, State grant program.’’; victim services.’’; short-term individual and group support (C) by redesignating subparagraph (E) as (16) in paragraph (26), as redesignated— services, information and referrals, cul- subparagraph (F); (A) in subparagraph (A), by striking ‘‘or’’ turally specific services, population specific (D) by inserting after subparagraph (D) the after the semicolon; services, and other related supportive serv- following: (B) in subparagraph (B), by striking the pe- ices. ‘‘(E) STATUTORILY MANDATED REPORTS OF riod and inserting ‘‘; or’’; and ‘‘(42) VICTIM SERVICE PROVIDER.—The term ABUSE OR NEGLECT.—Nothing in this section (C) by inserting at the end the following: ‘victim service provider’ means a nonprofit, prohibits a grantee or subgrantee from re- ‘‘(C) any federally recognized Indian nongovernmental or tribal organization or porting suspected abuse or neglect, as those tribe.’’; rape crisis center, including a State or tribal terms are defined and specifically mandated (17) in paragraph (27), as redesignated— coalition, that assists or advocates for do- by the State or tribe involved.’’; and (A) by striking ‘‘52’’ and inserting ‘‘57’’; mestic violence, dating violence, sexual as- (E) by inserting after subparagraph (F), as and sault, or stalking victims, including domes- redesignated, the following: (B) by striking ‘‘150,000’’ and inserting tic violence shelters, faith-based organiza- ‘‘(G) CONFIDENTIALITY ASSESSMENT AND AS- ‘‘250,000’’; tions, and other organizations, with a docu- SURANCES.—Grantees and subgrantees must (18) by striking paragraph (28), as redesig- mented history of effective work concerning document their compliance with the con- nated, and inserting the following: domestic violence, dating violence, sexual fidentiality and privacy provisions required ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual assault, or stalking.’’; and under this section.’’; assault’ means any nonconsensual sexual act (24) by striking paragraph (43), as redesig- (2) by striking paragraph (3) and inserting proscribed by Federal, tribal, or State law, nated, and inserting the following: the following: including when the victim lacks capacity to ‘‘(43) YOUTH.—The term ‘youth’ means a ‘‘(3) APPROVED ACTIVITIES.—In carrying out consent.’’; person who is 11 to 24 years old.’’. the activities under this title, grantees and (19) by inserting after paragraph (28), as re- (b) GRANTS CONDITIONS.—Subsection (b) of designated, the following: subgrantees may collaborate with or provide section 40002 of the Violence Against Women information to Federal, State, local, tribal, ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf- Act of 1994 (42 U.S.C. 13925(b)) is amended— and territorial public officials and agencies ficking’ means any conduct proscribed by 18 (1) in paragraph (2)— U.S.C. 1591, whether or not the conduct oc- to develop and implement policies and de- (A) in subparagraph (B), by striking velop and promote State, local, or tribal leg- curs in interstate or foreign commerce or clauses (i) and (ii) and inserting the fol- within the special maritime and territorial islation or model codes designed to reduce or lowing: eliminate domestic violence, dating vio- jurisdiction of the United States.’’; ‘‘(i) disclose, reveal, or release any person- (20) by striking paragraph (35), as redesig- lence, sexual assault, and stalking.’’; ally identifying information or individual in- (3) in paragraph (7), by inserting at the end nated, and inserting the following: formation collected in connection with serv- ‘‘(35) TRIBAL COALITION.—The term ‘tribal the following: ices requested, utilized, or denied through coalition’ means an established nonprofit, ‘‘Final reports of such evaluations shall be grantees’ and subgrantees’ programs, regard- nongovernmental Indian organization, Alas- made available to the public via the agency’s less of whether the information has been en- ka Native organization, or a Native Hawai- website.’’; and coded, encrypted, hashed, or otherwise pro- ian organization that— (4) by inserting after paragraph (11) the fol- tected; or ‘‘(A) provides education, support, and tech- lowing: ‘‘(ii) disclose, reveal, or release individual nical assistance to member Indian service ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any client information without the informed, providers in a manner that enables those grantee or subgrantee providing legal assist- written, reasonably time-limited consent of member providers to establish and maintain ance with funds awarded under this title the person (or in the case of an culturally appropriate services, including shall comply with the eligibility require- shelter and rape crisis services, designed to unemancipated minor, the minor and the ments in section 1201(d) of the Violence assist Indian women and the dependents of parent or guardian or in the case of legal in- Against Women Act of 2000 (42 U.S.C. 3796gg– those women who are victims of domestic vi- capacity, a court-appointed guardian) about 6(d)). olence, dating violence, sexual assault, and whom information is sought, whether for ‘‘(13) CIVIL RIGHTS.— stalking; and this program or any other Federal, State, ‘‘(A) NONDISCRIMINATION.—No person in the ‘‘(B) is comprised of board and general tribal, or territorial grant program, except United States shall, on the basis of actual or members that are representative of— that consent for release may not be given by perceived race, color, religion, national ori- ‘‘(i) the member service providers de- the abuser of the minor, incapacitated per- gin, sex, gender identity (as defined in para- scribed in subparagraph (A); and son, or the abuser of the other parent of the graph 249(c)(4) of title 18, United States ‘‘(ii) the tribal communities in which the minor. Code), sexual orientation, or disability, be services are being provided;’’; If a minor or a person with a legally ap- excluded from participation in, be denied the (21) by amending paragraph (39), as redesig- pointed guardian is permitted by law to re- benefits of, or be subjected to discrimination nated, to read as follows: ceive services without the parent’s or guard- under any program or activity funded in ‘‘(39) UNDERSERVED POPULATIONS.—The ian’s consent, the minor or person with a whole or in part with funds made available term ‘underserved populations’ means popu- guardian may release information without under the Violence Against Women Act of lations who face barriers in accessing and additional consent.’’; 1994 (title IV of Public Law 103–322; 108 Stat. using victim services, and includes popu- (B) by amending subparagraph (D), to read 1902), the Violence Against Women Act of lations underserved because of geographic lo- as follows: 2000 (division B of Public Law 106–386; 114 cation, religion, sexual orientation, gender ‘‘(D) INFORMATION SHARING.— Stat. 1491), the Violence Against Women and identity, underserved racial and ethnic popu- ‘‘(i) Grantees and subgrantees may share— Department of Justice Reauthorization Act lations, populations underserved because of ‘‘(I) nonpersonally identifying data in the of 2005 (title IX of Public Law 109–162; 119 special needs (such as language barriers, dis- aggregate regarding services to their clients Stat. 3080), the Violence Against Women Re- abilities, alienage status, or age), and any and nonpersonally identifying demographic authorization Act of 2011, and any other pro- other population determined to be under- information in order to comply with Federal, gram or activity funded in whole or in part served by the Attorney General or by the State, tribal, or territorial reporting, evalua- with funds appropriated for grants, coopera- Secretary of Health and Human Services, as tion, or data collection requirements; tive agreements, and other assistance admin- appropriate.’’; ‘‘(II) court-generated information and law istered by the Office on Violence Against (22) by inserting after paragraph (39), as re- enforcement-generated information con- Women. designated, the following: tained in secure, governmental registries for ‘‘(B) EXCEPTION.—If sex segregation or sex- ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The protection order enforcement purposes; and specific programming is necessary to the es- term ‘unit of local government’ means any ‘‘(III) law enforcement-generated and pros- sential operation of a program, nothing in city, county, township, town, borough, par- ecution-generated information necessary for this paragraph shall prevent any such pro- ish, village, or other general purpose polit- law enforcement and prosecution purposes. gram or activity from consideration of an in- ical subdivision of a State.’’; ‘‘(ii) In no circumstances may— dividual’s sex. In such circumstances, grant- (23) by striking paragraph (36), as in effect ‘‘(I) an adult, youth, or child victim of do- ees may meet the requirements of this para- before the amendments made by this sub- mestic violence, dating violence, sexual as- graph by providing comparable services to section, and inserting the following: sault, or stalking be required to provide a individuals who cannot be provided with the ‘‘(41) VICTIM SERVICES OR SERVICES.—The consent to release his or her personally iden- sex-segregated or sex-specific programming. terms ‘victim services’ and ‘services’ means tifying information as a condition of eligi- ‘‘(C) DISCRIMINATION.—The authority of the services provided to victims of domestic vio- bility for the services provided by the grant- Attorney General and the Office of Justice lence, dating violence, sexual assault, or ee or subgrantee; Programs to enforce this paragraph shall be stalking, including telephonic or web-based ‘‘(II) any personally identifying informa- the same as it is under section 3789d of title hotlines, legal advocacy, economic advocacy, tion be shared in order to comply with Fed- 42, United States Code.

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‘‘(D) CONSTRUCTION.—Nothing contained in barred from receiving grants under para- ‘‘(iii) all reimbursements required under this paragraph shall be construed, inter- graph (2), the Attorney General shall— subparagraph (A)(v) have been made; and preted, or applied to supplant, displace, pre- ‘‘(I) deposit an amount equal to the grant ‘‘(iv) includes a list of any grant recipients empt, or otherwise diminish the responsibil- funds that were improperly awarded to the excluded under subparagraph (A) from the ities and liabilities under other State or Fed- grantee into the General Fund of the Treas- previous year.’’. eral civil rights law, whether statutory or ury; and SEC. 4. EFFECTIVE DATE. common. ‘‘(II) seek to recoup the costs of the repay- Except as otherwise specifically provided ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND ment to the fund from the grant recipient in this Act, the provisions of titles I, II, III, LEGAL ASSISTANCE.—Victim services and that was erroneously awarded grant funds. IV, VII, and sections 3, 602, 901, and 902 of legal assistance under this title also include ‘‘(B) NONPROFIT ORGANIZATION REQUIRE- this Act shall not take effect until the begin- services and assistance to victims of domes- MENTS.— ning of the fiscal year following the date of tic violence, dating violence, sexual assault, ‘‘(i) DEFINITION.—For purposes of this para- enactment of this Act. or stalking who are also victims of severe graph and the grant programs described in TITLE I—ENHANCING JUDICIAL AND LAW forms of trafficking in persons as defined by this Act, the term ‘nonprofit organization’ ENFORCEMENT TOOLS TO COMBAT VIO- section 103 of the Trafficking Victims Pro- means an organization that is described in LENCE AGAINST WOMEN tection Act of 2000 (22 U.S.C. 7102). section 501(c)(3) of the Internal Revenue Code SEC. 101. STOP GRANTS. ‘‘(15) CONFERRAL.— of 1986 and is exempt from taxation under Title I of the Omnibus Crime Control and ‘‘(A) IN GENERAL.—The Office on Violence section 501(a) of such Code. Safe Streets Act of 1968 (42 U.S.C. 3711 et Against Women shall establish a biennial ‘‘(ii) PROHIBITION.—The Attorney General seq.) is amended— conferral process with State and tribal coali- may not award a grant under any grant pro- (1) in section 1001(a)(18) (42 U.S.C. tions and technical assistance providers who gram described in this Act to a nonprofit or- 3793(a)(18)), by striking ‘‘$225,000,000 for each receive funding through grants administered ganization that holds money in offshore ac- of fiscal years 2007 through 2011’’ and insert- by the Office on Violence Against Women counts for the purpose of avoiding paying the ing ‘‘$222,000,000 for each of fiscal years 2012 and authorized by this Act, and other key tax described in section 511(a) of the Internal through 2016’’; stakeholders. Revenue Code of 1986. (2) in section 2001(b) (42 U.S.C. 3796gg(b))— ‘‘(B) AREAS COVERED.—The areas of con- ‘‘(iii) DISCLOSURE.—Each nonprofit organi- (A) in the matter preceding paragraph (1)— ferral under this paragraph shall include— zation that is awarded a grant under a grant (i) by striking ‘‘equipment’’ and inserting ‘‘(i) the administration of grants; program described in this Act and uses the ‘‘resources’’; and ‘‘(ii) unmet needs; procedures prescribed in regulations to cre- (ii) by inserting ‘‘for the protection and ‘‘(iii) promising practices in the field; and ate a rebuttable presumption of reasonable- safety of victims,’’ after ‘‘women,’’; ‘‘(iv) emerging trends. ness for the compensation of its officers, di- (B) in paragraph (1), by striking ‘‘sexual ‘‘(C) INITIAL CONFERRAL.—The first con- rectors, trustees and key employees, shall assault’’ and all that follows through ‘‘dat- ferral shall be initiated not later than 6 disclose to the Attorney General, in the ap- ing violence’’ and inserting ‘‘domestic vio- months after the date of enactment of the plication for the grant, the process for deter- lence, dating violence, sexual assault, and Violence Against Women Reauthorization mining such compensation, including the stalking, including the appropriate use of Act of 2011. independent persons involved in reviewing nonimmigrant status under subparagraphs ‘‘(D) REPORT.—Not later than 90 days after and approving such compensation, the com- (T) and (U) of section 101(a)(15) of the Immi- the conclusion of each conferral period, the parability data used, and contemporaneous gration and Nationality Act (8 U.S.C. Office on Violence Against Women shall pub- substantiation of the deliberation and deci- 1101(a))’’; lish a comprehensive report that— sion. Upon request, the Attorney General (C) in paragraph (2), by striking ‘‘sexual as- ‘‘(i) summarizes the issues presented dur- shall make the information disclosed under sault and domestic violence’’ and inserting ing conferral and what, if any, policies it in- this subsection available for public inspec- ‘‘domestic violence, dating violence, sexual tends to implement to address those issues; tion. assault, and stalking’’; ‘‘(ii) is made available to the public on the ‘‘(C) CONFERENCE EXPENDITURES.— (D) in paragraph (3), by striking ‘‘sexual Office on Violence Against Women’s website ‘‘(i) LIMITATION.—No amounts authorized assault and domestic violence’’ and inserting and submitted to the Committee on the Ju- to be appropriated to the Department of Jus- ‘‘domestic violence, dating violence, sexual diciary of the Senate and the Committee on tice under this Act may be used by the At- assault, and stalking, as well as the appro- the Judiciary of the House of Representa- torney General, or by any individual or orga- priate treatment of victims’’; tives. nization awarded discretionary funds (E) in paragraph (4)— ‘‘(16) ACCOUNTABILITY.—All grants awarded through a cooperative agreement under this (i) by striking ‘‘sexual assault and domes- by the Attorney General under this Act shall Act, to host or support any expenditure for tic violence’’ and inserting ‘‘domestic vio- be subject to the following accountability conferences that uses more than $20,000 in lence, dating violence, sexual assault, and provisions: Department funds, unless the Deputy Attor- stalking’’; and ‘‘(A) AUDIT REQUIREMENT.— ney General or such Assistant Attorney Gen- (ii) by inserting ‘‘, classifying,’’ after ‘‘(i) IN GENERAL.—Beginning in the first fis- erals, Directors, or principal deputies as the ‘‘identifying’’; cal year beginning after the date of the en- Deputy Attorney General may designate, (F) in paragraph (5)— actment of this Act, and in each fiscal year provides prior written authorization that the (i) by inserting ‘‘and legal assistance’’ thereafter, the Inspector General of the De- funds may be expended to host a conference. after ‘‘victim services’’; partment of Justice shall conduct audits of ‘‘(ii) WRITTEN APPROVAL.—Written ap- (ii) by striking ‘‘domestic violence and dat- recipients of grants under this Act to pre- proval under clause (i) shall include a writ- ing violence’’ and inserting ‘‘domestic vio- vent waste, fraud, and abuse of funds by ten estimate of all costs associated with the lence, dating violence, and stalking’’; and grantees. The Inspector General shall deter- conference, including the cost of all food and (iii) by striking ‘‘sexual assault and domes- mine the appropriate number of grantees to beverages, audiovisual equipment, honoraria tic violence’’ and inserting ‘‘domestic vio- be audited each year. for speakers, and any entertainment. lence, dating violence, sexual assault, and ‘‘(ii) DEFINITION.—In this paragraph, the ‘‘(iii) REPORT.—The Deputy Attorney Gen- stalking’’; term ‘unresolved audit finding’ means a find- eral shall submit an annual report to the (G) by striking paragraph (6) and redesig- ing in the final audit report of the Inspector Committee on the Judiciary of the Senate nating paragraphs (7) through (14) as para- General of the Department of Justice that and the Committee on the Judiciary of the graphs (6) through (13), respectively; the audited grantee has utilized grant funds House of Representatives on all approved (H) in paragraph (6), as redesignated by for an unauthorized expenditure or otherwise conference expenditures referenced in this subparagraph (G), by striking ‘‘sexual as- unallowable cost that is not closed or re- paragraph. sault and domestic violence’’ and inserting solved within 12 months from the date when ‘‘(D) ANNUAL CERTIFICATION.—Beginning in ‘‘domestic violence, dating violence, sexual the final audit report is issued. the first fiscal year beginning after the date assault, and stalking’’; ‘‘(iii) MANDATORY EXCLUSION.—A recipient of the enactment of this Act, the Attorney (I) in paragraph (7), as redesignated by sub- of grant funds under this Act that is found to General shall submit, to the Committee on paragraph (G), by striking ‘‘and dating vio- have an unresolved audit finding shall not be the Judiciary and the Committee on Appro- lence’’ and inserting ‘‘dating violence, and eligible to receive grant funds under this Act priations of the Senate and the Committee stalking’’; during the following 2 fiscal years. on the Judiciary and the Committee on Ap- (J) in paragraph (9), as redesignated by ‘‘(iv) PRIORITY.—In awarding grants under propriations of the House of Representatives, subparagraph (G), by striking ‘‘domestic vio- this Act, the Attorney General shall give pri- an annual certification that— lence or sexual assault’’ and inserting ‘‘ do- ority to eligible entities that did not have an ‘‘(i) all audits issued by the Office of the mestic violence, dating violence, sexual as- unresolved audit finding during the 3 fiscal Inspector General under paragraph (1) have sault, or stalking’’; years prior to submitting an application for been completed and reviewed by the appro- (K) in paragraph (12), as redesignated by a grant under this Act. priate Assistant Attorney General or Direc- subparagraph (G)— ‘‘(v) REIMBURSEMENT.—If an entity is tor; (i) in subparagraph (A), by striking ‘‘triage awarded grant funds under this Act during ‘‘(ii) all mandatory exclusions required protocols to ensure that dangerous or poten- the 2-fiscal-year period in which the entity is under subparagraph (A)(iii) have been issued; tially lethal cases are identified and

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2847 prioritized’’ and inserting ‘‘the use of evi- ‘‘(I) population specific organizations; and count toward the total costs of the dence-based indicators to assess the risk of ‘‘(J) other entities that the State or the projects.’’; and domestic and dating violence homicide and Attorney General identifies as needed for the (G) by adding at the end the following: prioritize dangerous or potentially lethal planning process;’’; ‘‘(i) IMPLEMENTATION PLANS.—A State ap- cases’’; and (ii) by redesignating paragraph (3) as para- (ii) by striking ‘‘and’’ at the end; graph (4); plying for a grant under this part shall— (L) in paragraph (13), as redesignated by (iii) by inserting after paragraph (2), as ‘‘(1) develop an implementation plan in subparagraph (G)— amended by clause (i), the following: consultation with the entities listed in sub- (i) by striking ‘‘to provide’’ and inserting ‘‘(3) grantees shall coordinate the State section (c)(2), that identifies how the State ‘‘providing’’; implementation plan described in paragraph will use the funds awarded under this part, (ii) by striking ‘‘nonprofit nongovern- (2) with the State plans described in section including how the State will meet the re- mental’’; 307 of the Family Violence Prevention and quirements of subsection (c)(5); and (iii) by striking the comma after ‘‘local Services Act (42 U.S.C. 10407) and the pro- ‘‘(2) submit to the Attorney General— governments’’; grams described in section 1404 of the Vic- ‘‘(A) the implementation plan developed (iv) in the matter following subparagraph tims of Crime Act of 1984 (42 U.S.C. 10603) and under paragraph (1); (C), by striking ‘‘paragraph (14)’’ and insert- section 393A of the Public Health Service Act ‘‘(B) documentation from each member of ing ‘‘paragraph (13)’’; and (42 U.S.C. 280b–1b).’’; the planning committee as to their partici- (v) by striking the period at the end and (iv) in paragraph (4), as redesignated by pation in the planning process; inserting a semicolon; and clause (ii)— ‘‘(C) documentation from the prosecution, (M) by inserting after paragraph (13), as re- (I) in subparagraph (A), by striking ‘‘and law enforcement, court, and victim services designated by subparagraph (G), the fol- not less than 25 percent shall be allocated for programs to be assisted, describing— lowing: prosecutors’’; ‘‘(i) the need for the grant funds; ‘‘(14) developing and promoting State, (II) by redesignating subparagraphs (B) and ‘‘(ii) the intended use of the grant funds; local, or tribal legislation and policies that (C) as subparagraphs (C) and (D); ‘‘(iii) the expected result of the grant enhance best practices for responding to do- (III) by inserting after subparagraph (A), funds; and mestic violence, dating violence, sexual as- the following: ‘‘(iv) the demographic characteristics of sault, and stalking; ‘‘(B) not less than 25 percent shall be allo- the populations to be served, including age, ‘‘(15) developing, implementing, or enhanc- cated for prosecutors;’’; and disability, race, ethnicity, and language ing Sexual Assault Response Teams, or other (IV) in subparagraph (D) as redesignated by background; similar coordinated community responses to subclause (II) by striking ‘‘for’’ and inserting ‘‘(D) a description of how the State will en- sexual assault; ‘‘to’’; and sure that any subgrantees will consult with ‘‘(16) developing and strengthening poli- (v) by adding at the end the following: victim service providers during the course of cies, protocols, best practices, and training ‘‘(5) not later than 2 years after the date of developing their grant applications in order for law enforcement agencies and prosecu- enactment of this Act, and every year there- to ensure that the proposed activities are de- tors relating to the investigation and pros- after, not less than 20 percent of the total signed to promote the safety, confiden- ecution of sexual assault cases and the ap- amount granted to a State under this sub- tiality, and economic independence of vic- propriate treatment of victims; chapter shall be allocated for programs or tims; ‘‘(17) developing, enlarging, or strength- projects in 2 or more allocations listed in ‘‘(E) demographic data on the distribution ening programs addressing sexual assault paragraph (4) that meaningfully address sex- of underserved populations within the State against men, women, and youth in correc- ual assault, including stranger rape, ac- and a description of how the State will meet tional and detention settings; quaintance rape, alcohol or drug-facilitated the needs of underserved populations, includ- ‘‘(18) identifying and conducting inven- rape, and rape within the context of an inti- ing the minimum allocation for population tories of backlogs of sexual assault evidence mate partner relationship.’’; specific services required under subsection collection kits and developing protocols and (D) by striking subsection (d) and inserting (c)(4)(C); policies for responding to and addressing the following: ‘‘(F) a description of how the State plans such backlogs, including protocols and poli- ‘‘(d) APPLICATION REQUIREMENTS.—An ap- cies for notifying and involving victims; plication for a grant under this section shall to meet the regulations issued pursuant to ‘‘(19) developing, enlarging, or strength- include— subsection (e)(2); ening programs and projects to provide serv- ‘‘(1) the certifications of qualification re- ‘‘(G) goals and objectives for reducing do- ices and responses targeting male and female quired under subsection (c); mestic violence-related homicides within the victims of domestic violence, dating vio- ‘‘(2) proof of compliance with the require- State; and lence, sexual assault, or stalking, whose abil- ments for the payment of forensic medical ‘‘(H) any other information requested by ity to access traditional services and re- exams and judicial notification, described in the Attorney General. sponses is affected by their sexual orienta- section 2010; ‘‘(j) REALLOCATION OF FUNDS.—A State may tion or gender identity, as defined in section ‘‘(3) proof of compliance with the require- use any returned or remaining funds for any ments for paying fees and costs relating to 249(c) of title 18, United States Code; and authorized purpose under this part if— domestic violence and protection order ‘‘(20) developing, enhancing, or strength- ‘‘(1) funds from a subgrant awarded under cases, described in section 2011 of this title; ening prevention and educational program- this part are returned to the State; or ming to address domestic violence, dating vi- ‘‘(4) proof of compliance with the require- ‘‘(2) the State does not receive sufficient olence, sexual assault, or stalking, with not ments prohibiting polygraph examinations eligible applications to award the full fund- more than 5 percent of the amount allocated of victims of sexual assault, described in sec- ing within the allocations in subsection to a State to be used for this purpose.’’; tion 2013 of this title; (c)(4)’’; (3) in section 2007 (42 U.S.C. 3796gg–1)— ‘‘(5) an implementation plan required (4) in section 2010 (42 U.S.C. 3796gg–4)— (A) in subsection (a), by striking ‘‘non- under subsection (i); and (A) in subsection (a), by striking paragraph profit nongovernmental victim service pro- ‘‘(6) any other documentation that the At- (1) and inserting the following: grams’’ and inserting ‘‘victim service pro- torney General may require.’’; viders’’; (E) in subsection (e)— ‘‘(1) IN GENERAL.—A State, Indian tribal (B) in subsection (b)(6), by striking ‘‘(not (i) in paragraph (2)— government, or unit of local government including populations of Indian tribes)’’; (I) in subparagraph (A), by striking ‘‘do- shall not be entitled to funds under this sub- (C) in subsection (c)— mestic violence and sexual assault’’ and in- chapter unless the State, Indian tribal gov- (i) by striking paragraph (2) and inserting serting ‘‘domestic violence, dating violence, ernment, unit of local government, or an- the following: sexual assault, and stalking’’; and other governmental entity— ‘‘(2) grantees and subgrantees shall develop (II) in subparagraph (D), by striking ‘‘lin- ‘‘(A) incurs the full out-of-pocket cost of a plan for implementation and shall consult guistically and’’; and forensic medical exams described in sub- and coordinate with— (ii) by adding at the end the following: section (b) for victims of sexual assault; and ‘‘(B) coordinates with health care providers ‘‘(A) the State sexual assault coalition; ‘‘(3) CONDITIONS.—In disbursing grants ‘‘(B) the State domestic violence coalition; under this part, the Attorney General may in the region to notify victims of sexual as- ‘‘(C) the law enforcement entities within impose reasonable conditions on grant sault of the availability of rape exams at no the State; awards to ensure that the States meet statu- cost to the victims.’’; ‘‘(D) prosecution offices; tory, regulatory, and other program require- (B) in subsection (b)— ‘‘(E) State and local courts; ments.’’; (i) in paragraph (1), by inserting ‘‘or’’ after ‘‘(F) Tribal governments in those States (F) in subsection (f), by striking the period the semicolon; with State or federally recognized Indian at the end and inserting ‘‘, except that, for (ii) in paragraph (2), by striking ‘‘; or’’ and tribes; purposes of this subsection, the costs of the inserting a period; and ‘‘(G) representatives from underserved pop- projects for victim services or tribes for (iii) by striking paragraph (3); and ulations, including culturally specific popu- which there is an exemption under section (C) by amending subsection (d) to read as lations; 40002(b)(1) of the Violence Against Women follows: ‘‘(H) victim service providers; Act of 1994 (42 U.S.C. 13925(b)(1)) shall not ‘‘(d) NONCOOPERATION.—

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‘‘(1) IN GENERAL.—To be in compliance with crimes of domestic violence, dating violence, (I) by striking the comma that imme- this section, a State, Indian tribal govern- sexual assault, and stalking, including the diately follows another comma; and ment, or unit of local government shall com- appropriate treatment of victims. (II) by striking ‘‘grantees are States’’ and ply with subsection (b) without regard to ‘‘(17) To develop, implement, or enhance inserting the following: ‘‘grantees are— whether the victim participates in the crimi- sexual assault nurse examiner programs or ‘‘(1) States’’; and nal justice system or cooperates with law en- sexual assault forensic examiner programs, (viii) by adding at the end the following: forcement. including the hiring and training of such ex- ‘‘(2) a State, tribal, or territorial domestic ‘‘(2) COMPLIANCE PERIOD.—States, terri- aminers. violence or sexual assault coalition or a vic- tories, and Indian tribal governments shall ‘‘(18) To develop, implement, or enhance tim service provider that partners with a have 3 years from the date of enactment of Sexual Assault Response Teams or similar State, Indian tribal government, or unit of this Act to come into compliance with this coordinated community responses to sexual local government that certifies that the section.’’; and assault. State, Indian tribal government, or unit of (5) in section 2011(a)(1) (42 U.S.C. 3796gg– ‘‘(19) To develop and strengthen policies, local government meets the requirements 5(a)(1))— protocols, and training for law enforcement under paragraph (1).’’; (A) by inserting ‘‘modification, enforce- officers and prosecutors regarding the inves- (C) in subsection (d)— ment, dismissal, withdrawal’’ after ‘‘reg- tigation and prosecution of sexual assault (i) in paragraph (1)— istration,’’ each place it appears; cases and the appropriate treatment of vic- (I) in the matter preceding subparagraph (B) by inserting ‘‘, dating violence, sexual tims. (A), by inserting ‘‘, policy,’’ after ‘‘law’’; and assault, or stalking’’ after ‘‘felony domestic ‘‘(20) To provide human immunodeficiency (II) in subparagraph (A), by inserting ‘‘and violence’’; and virus testing programs, counseling, and pro- the defendant is in custody or has been (C) by striking ‘‘victim of domestic vio- phylaxis for victims of sexual assault. served with the information or indictment’’ lence’’ and all that follows through ‘‘sexual ‘‘(21) To identify and inventory backlogs of before the semicolon; and assault’’ and inserting ‘‘victim of domestic sexual assault evidence collection kits and (ii) in paragraph (2), by striking ‘‘it’’ and violence, dating violence, sexual assault, or to develop protocols for responding to and inserting ‘‘its’’; and stalking’’. addressing such backlogs, including policies (D) by adding at the end the following: SEC. 102. GRANTS TO ENCOURAGE ARREST POLI- and protocols for notifying and involving ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.— CIES AND ENFORCEMENT OF PRO- victims. Of the amounts appropriated for purposes of TECTION ORDERS. ‘‘(22) To develop multidisciplinary high- this part for each fiscal year, not less than 5 (a) IN GENERAL.—Part U of title I of the risk teams focusing on reducing domestic vi- percent shall be available for grants under Omnibus Crime Control and Safe Streets Act olence and dating violence homicides by— section 2001 of title I of the Omnibus Crime of 1968 (42 U.S.C. 3796hh et seq.) is amended— ‘‘(A) using evidence-based indicators to as- Control and Safe Streets Act of 1968 (42 (1) in section 2101 (42 U.S.C. 3796hh)— sess the risk of homicide and link high-risk U.S.C. 3796gg). (A) in subsection (b)— victims to immediate crisis intervention ‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of (i) in the matter preceding paragraph (1), services; the amounts appropriated for purposes of by striking ‘‘States,’’ and all that follows ‘‘(B) identifying and managing high-risk this part for each fiscal year, not less than 25 through ‘‘units of local government’’ and in- offenders; and percent shall be available for projects that serting ‘‘grantees’’; ‘‘(C) providing ongoing victim advocacy address sexual assault, including stranger (ii) in paragraph (1), by inserting ‘‘and en- and referrals to comprehensive services in- rape, acquaintance rape, alcohol or drug-fa- forcement of protection orders across State cluding legal, housing, health care, and eco- cilitated rape, and rape within the context of and tribal lines’’ before the period; nomic assistance.’’; an intimate partner relationship.’’; and (iii) in paragraph (2), by striking ‘‘and (B) in subsection (c)— (2) in section 2102(a) (42 U.S.C. 3796hh– training in police departments to improve (i) in paragraph (1)— 1(a))— tracking of cases’’ and inserting ‘‘data col- (I) in the matter preceding subparagraph (A) in paragraph (1), by inserting ‘‘court,’’ lection systems, and training in police de- (A), by inserting ‘‘except for a court,’’ before after ‘‘tribal government,’’; and partments to improve tracking of cases and ‘‘certify’’; and (B) in paragraph (4), by striking ‘‘non- classification of complaints’’; (II) by redesignating subparagraphs (A) and profit, private sexual assault and domestic (iv) in paragraph (4), by inserting ‘‘and pro- (B) as clauses (i) and (ii), and adjusting the violence programs’’ and inserting ‘‘victim vide the appropriate training and education margin accordingly; service providers and, as appropriate, popu- about domestic violence, dating violence, (ii) in paragraph (2), by inserting ‘‘except lation specific organizations’’. sexual assault, and stalking’’ after ‘‘com- for a court,’’ before ‘‘demonstrate’’; (b) AUTHORIZATION OF APPROPRIATIONS.— puter tracking systems’’; (iii) in paragraph (3)— Section 1001(a)(19) of title I of the Omnibus (v) in paragraph (5), by inserting ‘‘and (I) by striking ‘‘spouses’’ each place it ap- Crime Control and Safe Streets Act of 1968 other victim services’’ after ‘‘legal advocacy pears and inserting ‘‘parties’’; and (42 U.S.C. 3793(a)(19)) is amended— service programs’’; (II) by striking ‘‘spouse’’ and inserting (1) by striking ‘‘$75,000,000’’ and all that (vi) in paragraph (6), by striking ‘‘judges’’ ‘‘party’’; follows through ‘‘2011.’’ and inserting and inserting ‘‘Federal, State, tribal, terri- (iv) in paragraph (4)— ‘‘$73,000,000 for each of fiscal years 2012 torial, and local judges, courts, and court- (I) by inserting ‘‘, dating violence, sexual through 2016.’’; and based and court-related personnel’’; assault, or stalking’’ after ‘‘felony domestic (2) by striking the period that immediately (vii) in paragraph (8), by striking ‘‘and sex- violence’’; follows another period. ual assault’’ and inserting ‘‘dating violence, (II) by inserting ‘‘modification, enforce- SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. sexual assault, and stalking’’; ment, dismissal,’’ after ‘‘registration,’’ each Section 1201 of the Violence Against (viii) in paragraph (10), by striking ‘‘non- place it appears; Women Act of 2000 (42 U.S.C. 3796gg–6) is profit, non-governmental victim services or- (III) by inserting ‘‘dating violence,’’ after amended— ganizations,’’ and inserting ‘‘victim service ‘‘victim of domestic violence,’’; and (1) in subsection (a)— providers, staff from population specific or- (IV) by striking ‘‘and’’ at the end; (A) in the first sentence, by striking ‘‘aris- ganizations,’’; and (v) in paragraph (5)— ing as a consequence of’’ and inserting ‘‘re- (ix) by adding at the end the following: (I) in the matter preceding subparagraph lating to or arising out of’’; and ‘‘(14) To develop and implement training (A), by striking ‘‘, not later than 3 years (B) in the second sentence, by inserting ‘‘or programs for prosecutors and other prosecu- after January 5, 2006’’; arising out of’’ after ‘‘relating to’’; tion-related personnel regarding best prac- (II) by inserting ‘‘, trial of, or sentencing (2) in subsection (b)— tices to ensure offender accountability, vic- for’’ after ‘‘investigation of’’ each place it (A) in the heading, by inserting ‘‘AND tim safety, and victim consultation in cases appears; GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and involving domestic violence, dating violence, (III) by redesignating subparagraphs (A) (B) by inserting ‘‘and grant conditions’’ sexual assault, and stalking. and (B) as clauses (i) and (ii), and adjusting after ‘‘definitions’’; ‘‘(15) To develop or strengthen policies, the margin accordingly; (3) in subsection (c)— protocols, and training for law enforcement, (IV) in clause (ii), as redesignated by sub- (A) in paragraph (1), by striking ‘‘victims prosecutors, and the judiciary in recog- clause (III) of this clause, by striking ‘‘sub- services organizations’’ and inserting ‘‘vic- nizing, investigating, and prosecuting in- paragraph (A)’’ and inserting ‘‘clause (i)’’; tim service providers’’; and stances of domestic violence, dating vio- and (B) by striking paragraph (3) and inserting lence, sexual assault, and stalking against (V) by striking the period at the end and the following: immigrant victims, including the appro- inserting ‘‘; and’’; ‘‘(3) to implement, expand, and establish priate use of applications for nonimmigrant (vi) by redesignating paragraphs (1) efforts and projects to provide competent, status under subparagraphs (T) and (U) of through (5), as amended by this subpara- supervised pro bono legal assistance for vic- section 101(a)(15) of the Immigration and Na- graph, as subparagraphs (A) through (E), re- tims of domestic violence, dating violence, tionality Act (8 U.S.C. 1101(a)(15)). spectively; sexual assault, or stalking, except that not ‘‘(16) To develop and promote State, local, (vii) in the matter preceding subparagraph more than 10 percent of the funds awarded or tribal legislation and policies that en- (A), as redesignated by clause (v) of this sub- under this section may be used for the pur- hance best practices for responding to the paragraph— pose described in this paragraph.’’;

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2849 (4) in subsection (d)— ‘‘(5) enable courts or court-based or court- assault, stalking, or child sexual abuse, as (A) in paragraph (1), by striking ‘‘this sec- related programs to develop or enhance— appropriate; tion has completed’’ and all that follows and ‘‘(A) court infrastructure (such as special- ‘‘(2) ensures that any fees charged to indi- inserting the following: ‘‘this section—’’ ized courts, consolidated courts, dockets, in- viduals for use of supervised visitation pro- ‘‘(A) has demonstrated expertise in pro- take centers, or interpreter services); grams and services are based on the income viding legal assistance to victims of domes- ‘‘(B) community-based initiatives within of those individuals, unless otherwise pro- tic violence, dating violence, sexual assault, the court system (such as court watch pro- vided by court order; or stalking in the targeted population; or grams, victim assistants, pro se victim as- ‘‘(3) for a court-based program, certifies ‘‘(B)(i) is partnered with an entity or per- sistance programs, or community-based sup- that victims of domestic violence, dating vi- son that has demonstrated expertise de- plementary services); olence, sexual assault, or stalking are not scribed in subparagraph (A); and ‘‘(C) offender management, monitoring, charged fees or any other costs related to the ‘‘(ii) has completed, or will complete, and accountability programs; filing, petitioning, modifying, issuance, reg- training in connection with domestic vio- ‘‘(D) safe and confidential information- istration, enforcement, withdrawal, or dis- lence, dating violence, stalking, or sexual as- storage and information-sharing databases missal of matters relating to the domestic sault and related legal issues, including within and between court systems; violence, dating violence, sexual assault, or training on evidence-based risk factors for ‘‘(E) education and outreach programs to stalking; domestic and dating violence homicide;’’; improve community access, including en- ‘‘(4) demonstrates that adequate security and hanced access for underserved populations; measures, including adequate facilities, pro- (B) in paragraph (2), by striking ‘‘stalking and cedures, and personnel capable of preventing organization’’ and inserting ‘‘stalking victim ‘‘(F) other projects likely to improve court violence, and adequate standards are, or will service provider’’; and responses to domestic violence, dating vio- be, in place (including the development of (5) in subsection (f) in paragraph (1), by lence, sexual assault, and stalking; protocols or policies to ensure that confiden- striking ‘‘this section’’ and all that follows ‘‘(6) provide civil legal assistance and advo- tial information is not shared with courts, and inserting the following: ‘‘this section cacy services, including legal information law enforcement agencies, or child welfare $57,000,000 for each of fiscal years 2012 and resources in cases in which the victim agencies unless necessary to ensure the safe- through 2016.’’. proceeds pro se, to— ty of any child or adult using the services of ‘‘(A) victims of domestic violence; and a program funded under this section), if the SEC. 104. CONSOLIDATION OF GRANTS TO SUP- ‘‘(B) nonoffending parents in matters— PORT FAMILIES IN THE JUSTICE applicant proposes to operate supervised vis- SYSTEM. ‘‘(i) that involve allegations of child sexual itation programs and services or safe visita- abuse; (a) IN GENERAL.—Title III of division B of tion exchange; the Victims of Trafficking and Violence Pro- ‘‘(ii) that relate to family matters, includ- ‘‘(5) certifies that the organizational poli- tection Act of 2000 (Public Law 106–386; 114 ing civil protection orders, custody, and di- cies of the applicant do not require medi- vorce; and Stat. 1509) is amended by striking the sec- ation or counseling involving offenders and ‘‘(iii) in which the other parent is rep- tion preceding section 1302 (42 U.S.C. 10420), victims being physically present in the same resented by counsel; as amended by section 306 of the Violence place, in cases where domestic violence, dat- ‘‘(7) collect data and provide training and Against Women and Department of Justice ing violence, sexual assault, or stalking is al- technical assistance, including developing Reauthorization Act of 2005 (Public Law 109– leged; State, local, and tribal model codes and poli- 162; 119 Stat. 316), and inserting the fol- ‘‘(6) certifies that any person providing cies, to improve the capacity of grantees and lowing: legal assistance through a program funded communities to address the civil justice under this section has completed or will ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN needs of victims of domestic violence, dating complete training on domestic violence, dat- THE JUSTICE SYSTEM. violence, sexual assault, and stalking who ing violence, sexual assault, and stalking, in- ‘‘(a) IN GENERAL.—The Attorney General have legal representation, who are pro- cluding child sexual abuse, and related legal may make grants to States, units of local ceeding pro se, or who are proceeding with issues; and government, courts (including juvenile the assistance of a legal advocate; and ‘‘(7) certifies that any person providing courts), Indian tribal governments, nonprofit ‘‘(8) to improve training and education to custody evaluation or guardian ad litem organizations, legal services providers, and assist judges, judicial personnel, attorneys, services through a program funded under victim services providers to improve the re- child welfare personnel, and legal advocates this section has completed or will complete sponse of all aspects of the civil and criminal in the civil justice system. training developed with input from and in justice system to families with a history of ‘‘(c) CONSIDERATIONS.— collaboration with a tribal, State, terri- domestic violence, dating violence, sexual ‘‘(1) IN GENERAL.—In making grants for assault, or stalking, or in cases involving al- purposes described in paragraphs (1) through torial, or local domestic violence, dating vio- legations of child sexual abuse. (7) of subsection (b), the Attorney General lence, sexual assault, or stalking victim ‘‘(b) USE OF FUNDS.—A grant under this shall consider— service provider or coalition on the dynam- section may be used to— ‘‘(A) the number of families to be served by ics of domestic violence and sexual assault, ‘‘(1) provide supervised visitation and safe the proposed programs and services; including child sexual abuse, that includes visitation exchange of children and youth by ‘‘(B) the extent to which the proposed pro- training on how to review evidence of past and between parents in situations involving grams and services serve underserved popu- abuse and the use of evidenced-based theo- domestic violence, dating violence, child sex- lations; ries to make recommendations on custody ual abuse, sexual assault, or stalking; ‘‘(C) the extent to which the applicant and visitation. ‘‘(2) develop and promote State, local, and demonstrates cooperation and collaboration ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— tribal legislation, policies, and best practices with nonprofit, nongovernmental entities in There is authorized to be appropriated to for improving civil and criminal court func- the local community with demonstrated his- carry out this section, $22,000,000 for each of tions, responses, practices, and procedures in tories of effective work on domestic vio- fiscal years 2012 through 2016. Amounts ap- cases involving a history of domestic vio- lence, dating violence, sexual assault, or propriated pursuant to this subsection shall lence or sexual assault, or in cases involving stalking, including State or tribal domestic remain available until expended. allegations of child sexual abuse, including violence coalitions, State or tribal sexual as- ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— cases in which the victim proceeds pro se; sault coalitions, local shelters, and programs ‘‘(1) IN GENERAL.—Not less than 10 percent ‘‘(3) educate court-based and court-related for domestic violence and sexual assault vic- of the total amount available under this sec- personnel and court-appointed personnel (in- tims; and tion for each fiscal year shall be available cluding custody evaluators and guardians ad ‘‘(D) the extent to which the applicant for grants under the program authorized by litem) and child protective services workers demonstrates coordination and collaboration section 3796gg–10 of this title. on the dynamics of domestic violence, dating with State, tribal, and local court systems, ‘‘(2) APPLICABILITY OF PART.—The require- violence, sexual assault, and stalking, in- including mechanisms for communication ments of this section shall not apply to funds cluding information on perpetrator behavior, and referral. allocated for the program described in para- evidence-based risk factors for domestic and ‘‘(2) OTHER GRANTS.—In making grants graph (1).’’. dating violence homicide, and on issues re- under subsection (b)(8) the Attorney General lating to the needs of victims, including shall take into account the extent to which (b) TECHNICAL AND CONFORMING AMEND- safety, security, privacy, and confiden- the grantee has expertise addressing the ju- MENT.—Subtitle J of the Violence Against tiality, including cases in which the victim dicial system’s handling of family violence, Women Act of 1994 (42 U.S.C. 14043 et seq.) is proceeds pro se; child custody, child abuse and neglect, adop- repealed. ‘‘(4) provide appropriate resources in juve- tion, foster care, supervised visitation, di- SEC. 105. SEX OFFENDER MANAGEMENT. nile court matters to respond to dating vio- vorce, and parentage. lence, domestic violence, sexual assault (in- ‘‘(d) APPLICANT REQUIREMENTS.—The At- Section 40152(c) of the Violence Against cluding child sexual abuse), and stalking and torney General may make a grant under this Women Act of 1994 (42 U.S.C. 13941) is amend- ensure necessary services dealing with the section to an applicant that— ed by striking ‘‘$5,000,000’’ and all that fol- health and mental health of victims are ‘‘(1) demonstrates expertise in the areas of lows and inserting ‘‘$5,000,000 for each of fis- available; domestic violence, dating violence, sexual cal years 2012 through 2016.’’.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2850 CONGRESSIONAL RECORD — SENATE April 26, 2012 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE SEC. 108. OUTREACH AND SERVICES TO UNDER- assault, and stalking within the targeted un- PROGRAM. SERVED POPULATIONS GRANT. derserved populations, and evaluating the Subtitle B of title II of the Crime Control Section 120 of the Violence Against Women program. Act of 1990 (42 U.S.C. 13011 et seq.) is amend- and Department of Justice Reauthorization ‘‘(d) IMPLEMENTATION GRANTS.—The Attor- ed— Act of 2005 (42 U.S.C. 14045) is amended to ney General shall make grants to eligible en- (1) in section 216 (42 U.S.C. 13012), by strik- read as follows: tities for the purpose of providing or enhanc- ing ‘‘January 1, 2010’’ and inserting ‘‘January ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERV- ing population specific outreach and services 1, 2015’’; ICES TO UNDERSERVED POPU- to adult and youth victims in one or more (2) in section 217 (42 U.S.C. 13013)— LATIONS. underserved populations, including— ‘‘(a) GRANTS AUTHORIZED.— (A) by striking ‘‘Code of Ethics’’ in section ‘‘(1) working with Federal, State, tribal, ‘‘(1) IN GENERAL.—Of the amounts appro- (c)(2) and inserting ‘‘Standards for Pro- territorial and local governments, agencies, priated under the grant programs identified grams’’; and and organizations to develop or enhance pop- in paragraph (2), the Attorney General shall (B) by adding at the end the following: ulation specific services; take 2 percent of such appropriated amounts ‘‘(e) REPORTING.—An organization that re- ‘‘(2) strengthening the capacity of under- and combine them to award grants to eligi- ceives a grant under this section for a fiscal served populations to provide population ble entities described in subsection (b) of year shall submit to the Administrator a re- specific services; this section to develop and implement out- port regarding the use of the grant for the ‘‘(3) strengthening the capacity of tradi- reach strategies targeted at adult or youth fiscal year, including a discussion of out- tional victim service providers to provide victims of domestic violence, dating vio- come performance measures (which shall be population specific services; lence, sexual assault, or stalking in under- established by the Administrator) to deter- ‘‘(4) strengthening the effectiveness of served populations and to provide victim mine the effectiveness of the programs of the criminal and civil justice interventions by services to meet the needs of adult and organization in meeting the needs of chil- providing training for law enforcement, pros- youth victims of domestic violence, dating dren in the child welfare system.’’; and ecutors, judges and other court personnel on violence, sexual assault, and stalking in un- (3) in section 219(a) (42 U.S.C. 13014(a)), by domestic violence, dating violence, sexual derserved populations. The requirements of striking ‘‘fiscal years 2007 through 2011’’ and assault, or stalking in underserved popu- the grant programs identified in paragraph inserting ‘‘fiscal years 2012 through 2016’’. lations; or (2) shall not apply to this grant program. ‘‘(5) working in cooperation with an under- SEC. 107. CRIMINAL PROVISION RELATING TO ‘‘(2) PROGRAMS COVERED.—The programs served population to develop and implement STALKING, INCLUDING covered by paragraph (1) are the programs CYBERSTALKING. outreach, education, prevention, and inter- carried out under the following provisions: vention strategies that highlight available (a) INTERSTATE DOMESTIC VIOLENCE.—Sec- ‘‘(A) Section 2001 of the Omnibus Crime resources and the specific issues faced by tion 2261(a)(1) of title 18, United States Code, Control and Safe Streets Act of 1968 (Grants victims of domestic violence, dating vio- is amended— to Combat Violent Crimes Against Women). lence, sexual assault, or stalking from under- (1) by inserting ‘‘is present’’ after ‘‘Indian ‘‘(B) Section 2101 of the Omnibus Crime served populations. Country or’’; and Control and Safe Streets Act of 1968 (Grants ‘‘(e) APPLICATION.—An eligible entity desir- (2) by inserting ‘‘or presence’’ after ‘‘as a to Encourage Arrest Policies and Enforce- ing a grant under this section shall submit result of such travel’’; ment of Protection Orders Program). an application to the Director of the Office (b) STALKING.—Section 2261A of title 18, ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities on Violence Against Women at such time, in United States Code, is amended to read as under this section are— such form, and in such manner as the Direc- follows: ‘‘(1) population specific organizations that tor may prescribe. ‘‘§ 2261A. Stalking have demonstrated experience and expertise ‘‘(f) REPORTS.—Each eligible entity receiv- in providing population specific services in ing a grant under this section shall submit ‘‘Whoever— the relevant underserved communities, or to the Director of the Office on Violence ‘‘(1) travels in interstate or foreign com- population specific organizations working in Against Women a report that describes the merce or is present within the special mari- partnership with a victim service provider or activities carried out with grant funds. time and territorial jurisdiction of the domestic violence or sexual assault coali- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— United States, or enters or leaves Indian tion; In addition to the funds identified in sub- country, with the intent to kill, injure, har- ‘‘(2) victim service providers offering popu- section (a)(1), there are authorized to be ap- ass, intimidate, or place under surveillance lation specific services for a specific under- propriated to carry out this section $2,000,000 with intent to kill, injure, harass, or intimi- served population; or for each of fiscal years 2012 through 2016. date another person, and in the course of, or ‘‘(3) victim service providers working in ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.— as a result of, such travel or presence en- partnership with a national, State, tribal, or In this section the definitions and grant con- gages in conduct that— local organization that has demonstrated ex- ditions in section 40002 of the Violence ‘‘(A) places that person in reasonable fear perience and expertise in providing popu- Against Women Act of 1994 (42 U.S.C. 13925) of the death of, or serious bodily injury to— lation specific services in the relevant under- shall apply.’’. ‘‘(i) that person; served population. SEC. 109. CULTURALLY SPECIFIC SERVICES ‘‘(ii) an immediate family member (as de- ‘‘(c) PLANNING GRANTS.—The Attorney GRANT. fined in section 115) of that person; or General may use up to 25 percent of funds Section 121 of the Violence Against Women ‘‘(iii) a spouse or intimate partner of that available under this section to make one- and Department of Justice Reauthorization person; or time planning grants to eligible entities to Act of 2005 (42 U.S.C. 14045a) is amended— ‘‘(B) causes, attempts to cause, or would be support the planning and development of (1) in the section heading, by striking reasonably expected to cause substantial specially designed and targeted programs for ‘‘AND LINGUISTICALLY’’; emotional distress to a person described in adult and youth victims in one or more un- (2) by striking ‘‘and linguistically’’ each clause (i), (ii), or (iii) of subparagraph (A); or derserved populations, including— place it appears; ‘‘(2) with the intent to kill, injure, harass, ‘‘(1) identifying, building and strength- (3) by striking ‘‘and linguistic’’ each place intimidate, or place under surveillance with ening partnerships with potential collabo- it appears; intent to kill, injure, harass, or intimidate rators within underserved populations, Fed- (4) by striking subsection (a)(2) and insert- another person, uses the mail, any inter- eral, State, tribal, territorial or local gov- ing: active computer service or electronic com- ernment entities, and public and private or- ‘‘(2) PROGRAMS COVERED.—The programs munication service or electronic commu- ganizations; covered by paragraph (1) are the programs nication system of interstate commerce, or ‘‘(2) conducting a needs assessment of the carried out under the following provisions: any other facility of interstate or foreign community and the targeted underserved ‘‘(A) Section 2101 of the Omnibus Crime commerce to engage in a course of conduct population or populations to determine what Control and Safe Streets Act of 1968 (Grants that— the barriers are to service access and what to Encourage Arrest Policies and Enforce- ‘‘(A) places that person in reasonable fear factors contribute to those barriers, using ment of Protection Orders). of the death of or serious bodily injury to a input from the targeted underserved popu- ‘‘(B) Section 14201 of division B of the Vic- person described in clause (i), (ii), or (iii) of lation or populations; tims of Trafficking and Violence Protection paragraph (1)(A); or ‘‘(3) identifying promising prevention, out- Act of 2000 (42 U.S.C. 3796gg–6) (Legal Assist- ‘‘(B) causes, attempts to cause, or would be reach and intervention strategies for victims ance for Victims). reasonably expected to cause substantial from a targeted underserved population or ‘‘(C) Section 40295 of the Violence Against emotional distress to a person described in populations; and Women Act of 1994 (42 U.S.C. 13971) (Rural clause (i), (ii), or (iii) of paragraph (1)(A), ‘‘(4) developing a plan, with the input of Domestic Violence, Dating Violence, Sexual shall be punished as provided in section the targeted underserved population or popu- Assault, Stalking, and Child Abuse Enforce- 2261(b) of this title.’’. lations, for implementing prevention, out- ment Assistance). (c) INTERSTATE VIOLATION OF PROTECTION reach and intervention strategies to address ‘‘(D) Section 40802 of the Violence Against ORDER.—Section 2262(a)(2) of title 18, United the barriers to accessing services, promoting Women Act of 1994 (42 U.S.C. 14041a) (En- States Code, is amended by inserting ‘‘is community engagement in the prevention of hanced Training and Services to End Vio- present’’ after ‘‘Indian Country or’’. domestic violence, dating violence, sexual lence Against Women Later in Life).

VerDate Mar 15 2010 07:21 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2851 ‘‘(E) Section 1402 of division B of the Vic- assault, and stalking who reside in remote assault, stalking, exploitation, and neglect; tims of Trafficking and Violence Protection rural and geographically isolated areas, in- and Act of 2000 (42 U.S.C. 3796gg–7) (Education, cluding addressing the challenges posed by ‘‘(iv) conduct cross-training for law en- Training, and Enhanced Services to End Vio- the lack of access to shelters and victims forcement agencies, prosecutors, agencies of lence Against and Abuse of Women with Dis- services, and limited law enforcement re- States or units of local government, attor- abilities).’’; and sources and training, and providing training neys, health care providers, population spe- (5) in subsection (g), by striking ‘‘linguistic and resources to Community Health Aides cific organizations, faith-based advocates, and’’. involved in the delivery of Indian Health victim service providers, and courts to better TITLE II—IMPROVING SERVICES FOR VIC- Service programs.’’; and serve victims of abuse in later life, including TIMS OF DOMESTIC VIOLENCE, DATING (3) in subsection (e)(1), by striking domestic violence, dating violence, sexual VIOLENCE, SEXUAL ASSAULT, AND ‘‘$55,000,000 for each of the fiscal years 2007 assault, stalking, exploitation, and neglect. STALKING through 2011’’ and inserting ‘‘$50,000,000 for ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible each of fiscal years 2012 through 2016’’. entity receiving a grant under this section SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. SEC. 203. TRAINING AND SERVICES TO END VIO- may use the funds received under the grant (a) GRANTS TO STATES AND TERRITORIES.— LENCE AGAINST WOMEN WITH DIS- to— Section 41601(b) of the Violence Against ABILITIES GRANTS. ‘‘(i) provide training programs to assist at- Women Act of 1994 (42 U.S.C. 14043g(b)) is Section 1402 of division B of the Victims of torneys, health care providers, faith-based amended— Trafficking and Violence Protection Act of leaders, or other community-based organiza- (1) in paragraph (1), by striking ‘‘other pro- 2000 (42 U.S.C. 3796gg–7) is amended— tions in recognizing and addressing instances grams’’ and all that follows and inserting (1) in subsection (b)— of abuse in later life, including domestic vio- ‘‘other nongovernmental or tribal programs (A) in paragraph (1), by inserting ‘‘(includ- lence, dating violence, sexual assault, stalk- and projects to assist individuals who have ing using evidence-based indicators to assess ing, exploitation, and neglect; or been victimized by sexual assault, without the risk of domestic and dating violence ‘‘(ii) conduct outreach activities and regard to the age of the individual.’’; homicide)’’ after ‘‘risk reduction’’; awareness campaigns to ensure that victims (2) in paragraph (2)— (B) in paragraph (4), by striking ‘‘victim of abuse in later life, including domestic vio- (A) in subparagraph (B), by inserting ‘‘or service organizations’’ and inserting ‘‘victim lence, dating violence, sexual assault, stalk- tribal programs and activities’’ after ‘‘non- service providers’’; and ing, exploitation, and neglect receive appro- governmental organizations’’; and (C) in paragraph (5), by striking ‘‘victim priate assistance. (B) in subparagraph (C)(v), by striking services organizations’’ and inserting ‘‘vic- ‘‘(C) WAIVER.—The Attorney General may ‘‘linguistically and’’; and tim service providers’’; waive 1 or more of the activities described in (3) in paragraph (4)— (2) in subsection (c)(1)(D), by striking subparagraph (A) upon making a determina- (A) by inserting ‘‘(including the District of ‘‘nonprofit and nongovernmental victim tion that the activity would duplicate serv- Columbia and Puerto Rico)’’ after ‘‘The At- services organization, such as a State’’ and ices available in the community. torney General shall allocate to each State’’; inserting ‘‘victim service provider, such as a ‘‘(D) LIMITATION.—An eligible entity re- (B) by striking ‘‘the District of Columbia, State or tribal’’; and ceiving a grant under this section may use Puerto Rico,’’ after ‘‘Guam’’; (3) in subsection (e), by striking not more than 10 percent of the total funds (C) by striking ‘‘0.125 percent’’ and insert- ‘‘$10,000,000 for each of the fiscal years 2007 received under the grant for an activity de- ing ‘‘0.25 percent’’; and through 2011’’ and inserting ‘‘$9,000,000 for scribed in subparagraph (B)(ii). (D) by striking ‘‘The District of Columbia each of fiscal years 2012 through 2016’’. ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be shall be treated as a territory for purposes of SEC. 204. ENHANCED TRAINING AND SERVICES eligible to receive a grant under this section calculating its allocation under the pre- TO END ABUSE IN LATER LIFE. if— ceding formula.’’. (a) IN GENERAL.—Subtitle H of the Vio- ‘‘(A) the entity is— (b) AUTHORIZATION OF APPROPRIATIONS.— lence Against Women Act of 1994 (42 U.S.C. ‘‘(i) a State; Section 41601(f)(1) of the Violence Against 14041 et seq.) is amended to read as follows: ‘‘(ii) a unit of local government; Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is ‘‘(iii) a tribal government or tribal organi- amended by striking ‘‘$50,000,000 to remain ‘‘Subtitle H—Enhanced Training and Services zation; available until expended for each of the fis- to End Abuse Later in Life ‘‘(iv) a population specific organization cal years 2007 through 2011’’ and inserting ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES with demonstrated experience in assisting ‘‘$40,000,000 to remain available until ex- TO END ABUSE IN LATER LIFE. individuals over 50 years of age; pended for each of fiscal years 2012 through ‘‘(a) DEFINITIONS.—In this section— ‘‘(v) a victim service provider with dem- 2016’’. ‘‘(1) the term ‘exploitation’ has the mean- ing given the term in section 2011 of the So- onstrated experience in addressing domestic SEC. 202. RURAL DOMESTIC VIOLENCE, DATING violence, dating violence, sexual assault, and VIOLENCE, SEXUAL ASSAULT, cial Security Act (42 U.S.C. 1397j); STALKING, AND CHILD ABUSE EN- ‘‘(2) the term ‘later life’, relating to an in- stalking; or FORCEMENT ASSISTANCE. dividual, means the individual is 50 years of ‘‘(vi) a State, tribal, or territorial domes- Section 40295 of the Violence Against age or older; and tic violence or sexual assault coalition; and Women Act of 1994 (42 U.S.C. 13971) is amend- ‘‘(3) the term ‘neglect’ means the failure of ‘‘(B) the entity demonstrates that it is part ed— a caregiver or fiduciary to provide the goods of a multidisciplinary partnership that in- (1) in subsection (a)(1)(H), by inserting ‘‘, or services that are necessary to maintain cludes, at a minimum— including sexual assault forensic examiners’’ the health or safety of an individual in later ‘‘(i) a law enforcement agency; before the semicolon; life. ‘‘(ii) a prosecutor’s office; (2) in subsection (b)— ‘‘(b) GRANT PROGRAM.— ‘‘(iii) a victim service provider; and (A) in paragraph (1)— ‘‘(1) GRANTS AUTHORIZED.—The Attorney ‘‘(iv) a nonprofit program or government (i) by striking ‘‘victim advocacy groups’’ General may make grants to eligible entities agency with demonstrated experience in as- and inserting ‘‘victim service providers’’; and to carry out the activities described in para- sisting individuals in later life; (ii) by inserting ‘‘, including developing graph (2). ‘‘(4) UNDERSERVED POPULATIONS.—In mak- multidisciplinary teams focusing on high ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI- ing grants under this section, the Attorney risk cases with the goal of preventing domes- TIES.— General shall give priority to proposals pro- tic and dating violence homicides’’ before ‘‘(A) MANDATORY ACTIVITIES.—An eligible viding services to culturally specific and un- the semicolon; entity receiving a grant under this section derserved populations. (B) in paragraph (2)— shall use the funds received under the grant ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— (i) by striking ‘‘and other long- and short- to— There is authorized to be appropriated to term assistance’’ and inserting ‘‘legal assist- ‘‘(i) provide training programs to assist carry out this section $9,000,000 for each of ance, and other long-term and short-term law enforcement agencies, prosecutors, agen- fiscal years 2012 through 2016.’’. victim and population specific services’’; and cies of States or units of local government, TITLE III—SERVICES, PROTECTION, AND (ii) by striking ‘‘and’’ at the end; population specific organizations, victim JUSTICE FOR YOUNG VICTIMS OF VIO- (C) in paragraph (3), by striking the period service providers, victim advocates, and rel- LENCE at the end and inserting ‘‘; and’’; and evant officers in Federal, tribal, State, terri- SEC. 301. RAPE PREVENTION AND EDUCATION (D) by adding at the end the following: torial, and local courts in recognizing and GRANT. ‘‘(4) developing, enlarging, or strength- addressing instances of elder abuse; Section 393A of the Public Health Service ening programs addressing sexual assault, ‘‘(ii) provide or enhance services for vic- Act (42 U.S.C. 280b–1b) is amended— including sexual assault forensic examiner tims of abuse in later life, including domes- (1) in subsection (a)— programs, Sexual Assault Response Teams, tic violence, dating violence, sexual assault, (A) in the matter preceding paragraph (1), law enforcement training, and programs ad- stalking, exploitation, and neglect; by inserting ‘‘, territorial or tribal’’ after dressing rape kit backlogs. ‘‘(iii) establish or support multidisci- ‘‘crisis centers, State’’; and ‘‘(5) developing programs and strategies plinary collaborative community responses (B) in paragraph (6), by inserting ‘‘and al- that focus on the specific needs of victims of to victims of abuse in later life, including cohol’’ after ‘‘about drugs’’; and domestic violence, dating violence, sexual domestic violence, dating violence, sexual (2) in subsection (c)—

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2852 CONGRESSIONAL RECORD — SENATE April 26, 2012 (A) in paragraph (1), by striking high schools, and institutions of higher edu- and implement policies, practices, and proce- ‘‘$80,000,000 for each of fiscal years 2007 cation to— dures that— through 2011’’ and inserting ‘‘$50,000,000 for ‘‘(A) provide training to school personnel, ‘‘(1) require and include appropriate refer- each of fiscal years 2012 through 2016’’; and including healthcare providers and security ral systems for child and youth victims; (B) by adding at the end the following: personnel, on the needs of students who are ‘‘(2) protect the confidentiality and privacy ‘‘(3) BASELINE FUNDING FOR STATES, THE victims of domestic violence, dating vio- of child and youth victim information, par- DISTRICT OF COLUMBIA, AND PUERTO RICO.—A lence, sexual assault, or stalking; ticularly in the context of parental or third minimum allocation of $150,000 shall be ‘‘(B) develop and implement prevention party involvement and consent, mandatory awarded in each fiscal year for each of the and intervention policies in middle and high reporting duties, and working with other States, the District of Columbia, and Puerto schools, including appropriate responses to, service providers all with priority on victim Rico. A minimum allocation of $35,000 shall and identification and referral procedures safety and autonomy; and be awarded in each fiscal year for each Terri- for, students who are experiencing or perpe- ‘‘(3) ensure that all individuals providing tory. Any unused or remaining funds shall be trating domestic violence, dating violence, intervention or prevention programming to allotted to each State, the District of Colum- sexual assault, or stalking, and procedures children or youth through a program funded bia, and Puerto Rico on the basis of popu- for handling the requirements of court pro- under this section have completed, or will lation.’’. tective orders issued to or against students; complete, sufficient training in connection SEC. 302. CREATING HOPE THROUGH OUTREACH, ‘‘(C) provide support services for student with domestic violence, dating violence, sex- OPTIONS, SERVICES, AND EDU- victims of domestic violence, dating vio- ual assault and stalking. CATION FOR CHILDREN AND YOUTH. lence, sexual assault or stalking, such as a ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— Subtitle L of the Violence Against Women resource person who is either on-site or on- In this section, the definitions and grant Act of 1994 is amended by striking sections call; conditions provided for in section 40002 shall 41201 through 41204 (42 U.S.C. 14043c through ‘‘(D) implement developmentally appro- apply. 14043c–3) and inserting the following: priate educational programming for students ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- regarding domestic violence, dating violence, There is authorized to be appropriated to REACH, OPTIONS, SERVICES, AND sexual assault, and stalking and the impact carry out this section, $15,000,000 for each of EDUCATION FOR CHILDREN AND of such violence on youth; or fiscal years 2012 through 2016. YOUTH (‘CHOOSE CHILDREN & ‘‘(E) develop strategies to increase identi- ‘‘(g) ALLOTMENT.— YOUTH’). fication, support, referrals, and prevention ‘‘(1) IN GENERAL.—Not less than 50 percent ‘‘(a) GRANTS AUTHORIZED.—The Attorney programming for youth who are at high risk General, working in collaboration with the of the total amount appropriated under this of domestic violence, dating violence, sexual section for each fiscal year shall be used for Secretary of Health and Human Services and assault, or stalking. the purposes described in subsection (b)(1). the Secretary of Education, shall award ‘‘(c) ELIGIBLE APPLICANTS.— ‘‘(2) INDIAN TRIBES.—Not less than 10 per- grants to enhance the safety of youth and ‘‘(1) IN GENERAL.—To be eligible to receive children who are victims of, or exposed to, a grant under this section, an entity shall cent of the total amount appropriated under domestic violence, dating violence, sexual be— this section for each fiscal year shall be assault, or stalking and prevent future vio- ‘‘(A) a victim service provider, tribal non- made available for grants under the program lence. profit, or population-specific or community- authorized by section 2015 of the Omnibus ‘‘(b) PROGRAM PURPOSES.—Funds provided based organization with a demonstrated his- Crime Control and Safe Streets Act of 1968. under this section may be used for the fol- tory of effective work addressing the needs The requirements of this section shall not lowing program purpose areas: of youth who are, including runaway or apply to funds allocated under this para- ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- homeless youth affected by, victims of do- graph. SPOND TO YOUTH.—To develop, expand, and mestic violence, dating violence, sexual as- ‘‘(h) PRIORITY.—The Attorney General strengthen victim-centered interventions sault, or stalking; shall prioritize grant applications under this and services that target youth who are vic- ‘‘(B) a victim service provider that is section that coordinate with prevention pro- tims of domestic violence, dating violence, partnered with an entity that has a dem- grams in the community.’’. sexual assault, and stalking. Services may onstrated history of effective work address- SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES include victim services, counseling, advo- ing the needs of youth; or ON CAMPUSES. cacy, mentoring, educational support, trans- ‘‘(C) a public, charter, tribal, or nationally Section 304 of the Violence Against Women portation, legal assistance in civil, criminal accredited private middle or high school, a and Department of Justice Reauthorization and administrative matters, such as family school administered by the Department of Act of 2005 (42 U.S.C. 14045b) is amended— law cases, housing cases, child welfare pro- Defense under section 2164 of title 10, United (1) in subsection (a)— ceedings, campus administrative pro- States Code or section 1402 of the Defense (A) in paragraph (1)— ceedings, and civil protection order pro- Dependents’ Education Act of 1978, a group (i) by striking ‘‘stalking on campuses, ceedings, services to address the co-occur- of schools, a school district, or an institution and’’ and inserting ‘‘stalking on campuses,’’; rence of sex trafficking, population-specific of higher education. (ii) by striking ‘‘crimes against women on’’ services, and other activities that support ‘‘(2) PARTNERSHIPS.— and inserting ‘‘crimes on’’; and youth in finding safety, stability, and justice ‘‘(A) EDUCATION.—To be eligible to receive (iii) by inserting ‘‘, and to develop and and in addressing the emotional, cognitive, a grant for the purposes described in sub- strengthen prevention education and aware- and physical effects of trauma. Funds may section (b)(2), an entity described in para- ness programs’’ before the period; and be used to— graph (1) shall be partnered with a public, (B) in paragraph (2), by striking ‘‘$500,000’’ ‘‘(A) assess and analyze currently available charter, tribal, or nationally accredited pri- and inserting ‘‘$300,000’’; services for youth victims of domestic vio- vate middle or high school, a school adminis- (2) in subsection (b)— lence, dating violence, sexual assault, and tered by the Department of Defense under (A) in paragraph (2)— stalking, determining relevant barriers to section 2164 of title 10, United States Code or (i) by inserting ‘‘, strengthen,’’ after ‘‘To such services in a particular locality, and de- section 1402 of the Defense Dependents’ Edu- develop’’; and veloping a community protocol to address cation Act of 1978, a group of schools, a (ii) by inserting ‘‘including the use of tech- such problems collaboratively; school district, or an institution of higher nology to commit these crimes,’’ after ‘‘sex- ‘‘(B) develop and implement policies, prac- education. ual assault and stalking,’’; tices, and procedures to effectively respond ‘‘(B) OTHER PARTNERSHIPS.—All applicants (B) in paragraph (4)— to domestic violence, dating violence, sexual under this section are encouraged to work in (i) by inserting ‘‘and population specific assault, or stalking against youth; or partnership with organizations and agencies services’’ after ‘‘strengthen victim services ‘‘(C) provide technical assistance and that work with the relevant population. programs’’; training to enhance the ability of school per- Such entities may include— (ii) by striking ‘‘entities carrying out’’ and sonnel, victim service providers, child pro- ‘‘(i) a State, tribe, unit of local govern- all that follows through ‘‘stalking victim tective service workers, staff of law enforce- ment, or territory; services programs’’ and inserting ‘‘victim ment agencies, prosecutors, court personnel, ‘‘(ii) a population specific or community- service providers’’; and individuals who work in after school pro- based organization; (iii) by inserting ‘‘, regardless of whether grams, medical personnel, social workers, ‘‘(iii) batterer intervention programs or the services are provided by the institution mental health personnel, and workers in sex offender treatment programs with spe- or in coordination with community victim other programs that serve children and cialized knowledge and experience working service providers’’ before the period at the youth to improve their ability to appro- with youth offenders; or end; and priately respond to the needs of children and ‘‘(iv) any other agencies or nonprofit, non- (C) by adding at the end the following: youth who are victims of domestic violence, governmental organizations with the capac- ‘‘(9) To develop or adapt and provide devel- dating violence, sexual assault, and stalking, ity to provide effective assistance to the opmental, culturally appropriate, and lin- and to properly refer such children, youth, adult, youth, and child victims served by the guistically accessible print or electronic ma- and their families to appropriate services. partnership. terials to address both prevention and inter- ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION ‘‘(d) GRANTEE REQUIREMENTS.—Applicants vention in domestic violence, dating vio- AND PROTECTION.—To enable middle schools, for grants under this section shall establish lence, sexual violence, and stalking.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2853 ‘‘(10) To develop or adapt population spe- (B) by inserting before clause (ii), as redes- lence, sexual assault, or stalking has oc- cific strategies and projects for victims of ignated by subparagraph (A), the following: curred, including information in writing domestic violence, dating violence, sexual ‘‘(i) The terms ‘dating violence’, ‘domestic about— assault, and stalking from underserved popu- violence’, and ‘stalking’ have the meaning ‘‘(I) the importance of preserving evidence lations on campus.’’; given such terms in section 40002(a) of the as may be necessary to the proof of criminal (3) in subsection (c)— Violence Against Women Act of 1994 (42 domestic violence, dating violence, sexual (A) in paragraph (2)— U.S.C. 13925(a)).’’; and assault, or stalking, or in obtaining a protec- (i) in subparagraph (B), by striking ‘‘any (C) by inserting after clause (iv), as redes- tion order; non-profit’’ and all that follows through ignated by subparagraph (A), the following: ‘‘(II) to whom the alleged offense should be ‘‘victim services programs’’ and inserting ‘‘(v) The term ‘sexual assault’ means an of- reported; ‘‘victim service providers’’; fense classified as a forcible or nonforcible ‘‘(III) options regarding law enforcement (ii) by redesignating subparagraphs (D) sex offense under the uniform crime report- and campus authorities, including notifica- through (F) as subparagraphs (E) through ing system of the Federal Bureau of Inves- tion of the victim’s option to— (G), respectively; and tigation.’’; ‘‘(aa) notify proper law enforcement au- (iii) by inserting after subparagraph (C), (4) in paragraph (7)— thorities, including on-campus and local po- the following: (A) by striking ‘‘paragraph (1)(F)’’ and in- lice; ‘‘(D) describe how underserved populations serting ‘‘clauses (i) and (ii) of paragraph ‘‘(bb) be assisted by campus authorities in in the campus community will be adequately (1)(F)’’; and notifying law enforcement authorities if the served, including the provision of relevant (B) by inserting after ‘‘Hate Crime Statis- victim so chooses; and population specific services;’’; and tics Act.’’ the following: ‘‘For the offenses of ‘‘(cc) decline to notify such authorities; (B) in paragraph (3), by striking ‘‘2007 domestic violence, dating violence, and and through 2011’’ and inserting ‘‘2012 through stalking, such statistics shall be compiled in ‘‘(IV) where applicable, the rights of vic- 2016’’; accordance with the definitions used in sec- tims and the institution’s responsibilities re- (4) in subsection (d)— tion 40002(a) of the Violence Against Women garding orders of protection, no contact or- (A) by redesignating paragraph (3) as para- Act of 1994 (42 U.S.C. 13925(a)).’’; ders, restraining orders, or similar lawful or- graph (4); and (5) by striking paragraph (8) and inserting ders issued by a criminal, civil, or tribal (B) by inserting after paragraph (2), the the following: court. following: ‘‘(8)(A) Each institution of higher edu- ‘‘(iv) Procedures for institutional discipli- ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— cation participating in any program under nary action in cases of alleged domestic vio- Each grantee shall comply with the fol- this title and title IV of the Economic Op- lence, dating violence, sexual assault, or lowing minimum requirements during the portunity Act of 1964, other than a foreign stalking, which shall include a clear state- grant period: institution of higher education, shall develop ment that— ‘‘(A) The grantee shall create a coordi- and distribute as part of the report described ‘‘(I) such proceedings shall— nated community response including both in paragraph (1) a statement of policy re- ‘‘(aa) provide a prompt, fair, and impartial organizations external to the institution and garding— investigation and resolution; and relevant divisions of the institution. ‘‘(i) such institution’s programs to prevent ‘‘(bb) be conducted by officials who receive ‘‘(B) The grantee shall establish a manda- domestic violence, dating violence, sexual annual training on the issues related to do- tory prevention and education program on assault, and stalking; and mestic violence, dating violence, sexual as- domestic violence, dating violence, sexual ‘‘(ii) the procedures that such institution sault, and stalking and how to conduct an in- assault, and stalking for all incoming stu- will follow once an incident of domestic vio- vestigation and hearing process that pro- dents. lence, dating violence, sexual assault, or tects the safety of victims and promotes ac- ‘‘(C) The grantee shall train all campus law stalking has been reported, including a countability; enforcement to respond effectively to domes- statement of the standard of evidence that ‘‘(II) the accuser and the accused are enti- tic violence, dating violence, sexual assault, will be used during any institutional conduct tled to the same opportunities to have others and stalking. proceeding arising from such a report. present during an institutional disciplinary ‘‘(D) The grantee shall train all members ‘‘(B) The policy described in subparagraph proceeding, including the opportunity to be of campus disciplinary boards to respond ef- (A) shall address the following areas: accompanied to any related meeting or pro- fectively to situations involving domestic vi- ‘‘(i) Education programs to promote the ceeding by an advisor of their choice; and olence, dating violence, sexual assault, or awareness of rape, acquaintance rape, domes- ‘‘(III) both the accuser and the accused stalking.’’; and tic violence, dating violence, sexual assault, shall be simultaneously informed, in writing, (5) in subsection (e), by striking ‘‘there and stalking, which shall include— of— are’’ and all that follows through the period ‘‘(I) primary prevention and awareness pro- ‘‘(aa) the outcome of any institutional dis- and inserting ‘‘there is authorized to be ap- grams for all incoming students and new em- ciplinary proceeding that arises from an al- propriated $12,000,000 for each of fiscal years ployees, which shall include— legation of domestic violence, dating vio- 2012 through 2016.’’. ‘‘(aa) a statement that the institution of lence, sexual assault, or stalking; higher education prohibits the offenses of do- SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC ‘‘(bb) the institution’s procedures for the VIOLENCE, DATING VIOLENCE, AND mestic violence, dating violence, sexual as- accused and the victim to appeal the results STALKING EDUCATION AND PRE- sault, and stalking; of the institutional disciplinary proceeding; VENTION. ‘‘(bb) the definition of domestic violence, ‘‘(cc) of any change to the results that oc- (a) IN GENERAL.—Section 485(f) of the High- dating violence, sexual assault, and stalking curs prior to the time that such results be- er Education Act of 1965 (20 U.S.C. 1092(f)) is in the applicable jurisdiction; come final; and amended— ‘‘(cc) the definition of consent, in reference ‘‘(dd) when such results become final. (1) in paragraph (1)— to sexual activity, in the applicable jurisdic- ‘‘(v) Information about how the institution (A) in subparagraph (C)(iii), by striking the tion; will protect the confidentiality of victims, period at the end and inserting ‘‘, when the ‘‘(dd) safe and positive options for by- including how publicly-available record- victim of such crime elects or is unable to stander intervention that may be carried out keeping will be accomplished without the in- make such a report.’’; and by an individual to prevent harm or inter- clusion of identifying information about the (B) in subparagraph (F)— vene when there is a risk of domestic vio- victim, to the extent permissible by law. (i) in clause (i)(VIII), by striking ‘‘and’’ lence, dating violence, sexual assault, or ‘‘(vi) Written notification of students and after the semicolon; stalking against a person other than such in- employees about existing counseling, health, (ii) in clause (ii)— dividual; mental health, victim advocacy, legal assist- (I) by striking ‘‘sexual orientation’’ and in- ‘‘(ee) information on risk reduction to rec- ance, and other services available for victims serting ‘‘ national origin, sexual orientation, ognize warning signs of abusive behavior and both on-campus and in the community. gender identity,’’; and how to avoid potential attacks; and ‘‘(vii) Written notification of victims about (II) by striking the period and inserting ‘‘; ‘‘(ff) the information described in clauses options for, and available assistance in, and’’; and (ii) through (vii); and changing academic, living, transportation, (iii) by adding at the end the following: ‘‘(II) ongoing prevention and awareness and working situations, if so requested by ‘‘(iii) of domestic violence, dating violence, campaigns for students and faculty, includ- the victim and if such accommodations are and stalking incidents that were reported to ing information described in items (aa) reasonably available, regardless of whether campus security authorities or local police through (ff) of subclause (I). the victim chooses to report the crime to agencies.’’; ‘‘(ii) Possible sanctions or protective meas- campus police or local law enforcement. (2) in paragraph (3), by inserting ‘‘, that ures that such institution may impose fol- ‘‘(C) A student or employee who reports to withholds the names of victims as confiden- lowing a final determination of an institu- an institution of higher education that the tial,’’ after ‘‘that is timely’’; tional disciplinary procedure regarding rape, student or employee has been a victim of do- (3) in paragraph (6)(A)— acquaintance rape, domestic violence, dating mestic violence, dating violence, sexual as- (A) by redesignating clauses (i), (ii), and violence, sexual assault, or stalking. sault, or stalking, whether the offense oc- (iii) as clauses (ii), (iii), and (iv), respec- ‘‘(iii) Procedures victims should follow if a curred on or off campus, shall be provided tively; sex offense, domestic violence, dating vio- with a written explanation of the student or

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2854 CONGRESSIONAL RECORD — SENATE April 26, 2012 employee’s rights and options, as described prevention program may use evidence-based, ‘‘(C) A community-based organization, pop- in clauses (ii) through (vii) of subparagraph evidence-informed, or innovative strategies ulation-specific organization, university or (B).’’; and practices focused on youth. Such a pro- health care clinic, faith-based organization, (6) in paragraph (9), by striking ‘‘The Sec- gram should include— or other non-profit, nongovernmental orga- retary’’ and inserting ‘‘The Secretary, in ‘‘(A) age and developmentally-appropriate nization with a demonstrated history of ef- consultation with the Attorney General of education on domestic violence, dating vio- fective work addressing the needs of children the United States,’’; lence, sexual assault, stalking, and sexual exposed to domestic violence, dating vio- (7) by striking paragraph (16) and inserting coercion, as well as healthy relationship lence, sexual assault, or stalking. the following: skills, in school, in the community, or in ‘‘(D) A nonprofit, nongovernmental entity ‘‘(16)(A) The Secretary shall seek the ad- health care settings; providing services for runaway or homeless vice and counsel of the Attorney General of ‘‘(B) community-based collaboration and youth affected by domestic violence, dating the United States concerning the develop- training for those with influence on youth, violence, sexual assault, or stalking. ment, and dissemination to institutions of such as parents, teachers, coaches, ‘‘(E) Healthcare entities eligible for reim- higher education, of best practices informa- healthcare providers, faith-leaders, older bursement under title XVIII of the Social Se- tion about campus safety and emergencies. teens, and mentors; curity Act, including providers that target ‘‘(B) The Secretary shall seek the advice ‘‘(C) education and outreach to change en- the special needs of children and youth. and counsel of the Attorney General of the vironmental factors contributing to domes- ‘‘(F) Any other agencies, population-spe- United States and the Secretary of Health tic violence, dating violence, sexual assault, cific organizations, or nonprofit, nongovern- and Human Services concerning the develop- and stalking; and mental organizations with the capacity to ment, and dissemination to institutions of ‘‘(D) policy development targeted to pre- provide necessary expertise to meet the higher education, of best practices informa- vention, including school-based policies and goals of the program; or tion about preventing and responding to in- protocols. ‘‘(3) a public, charter, tribal, or nationally cidents of domestic violence, dating vio- ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND accredited private middle or high school, a lence, sexual assault, and stalking, including ABUSE.—To develop, maintain or enhance school administered by the Department of elements of institutional policies that have programs designed to prevent future inci- Defense under section 2164 of title 10, United proven successful based on evidence-based dents of domestic violence, dating violence, States Code or section 1402 of the Defense outcome measurements.’’; and sexual assault, and stalking by preventing, Dependents’ Education Act of 1978, a group (8) by striking paragraph (17) and inserting reducing and responding to children’s expo- of schools, a school district, or an institution the following: sure to violence in the home. Such programs of higher education. ‘‘(17) No officer, employee, or agent of an may include— ‘‘(d) GRANTEE REQUIREMENTS.— institution participating in any program ‘‘(A) providing services for children ex- ‘‘(1) IN GENERAL.—Applicants for grants under this title shall retaliate, intimidate, posed to domestic violence, dating violence, under this section shall prepare and submit threaten, coerce, or otherwise discriminate sexual assault or stalking, including direct to the Director an application at such time, against any individual for exercising their counseling or advocacy, and support for the in such manner, and containing such infor- rights or responsibilities under any provision non-abusing parent; and mation as the Director may require that of this subsection.’’. ‘‘(B) training and coordination for edu- demonstrates the capacity of the applicant (b) EFFECTIVE DATE.—The amendments cational, after-school, and childcare pro- and partnering organizations to undertake made by this section shall take effect with grams on how to safely and confidentially the project. respect to the annual security report under identify children and families experiencing ‘‘(2) POLICIES AND PROCEDURES.—Applicants section 485(f)(1) of the Higher Education Act domestic violence, dating violence, sexual under this section shall establish and imple- of 1965 (20 U.S.C. 1092(f)(1)) prepared by an in- assault, or stalking and properly refer chil- ment policies, practices, and procedures stitution of higher education 1 calendar year dren exposed and their families to services that— after the date of enactment of this Act, and and violence prevention programs. ‘‘(A) include appropriate referral systems each subsequent calendar year. ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE to direct any victim identified during pro- gram activities to highly qualified follow-up TITLE IV—VIOLENCE REDUCTION MODELS.—To develop, maintain or enhance care; PRACTICES programs that work with men to prevent do- mestic violence, dating violence, sexual as- ‘‘(B) protect the confidentiality and pri- SEC. 401. STUDY CONDUCTED BY THE CENTERS sault, and stalking by helping men to serve vacy of adult and youth victim information, FOR DISEASE CONTROL AND PRE- particularly in the context of parental or VENTION. as role models and social influencers of other third party involvement and consent, man- Section 402(c) of the Violence Against men and youth at the individual, school, datory reporting duties, and working with Women and Department of Justice Reauthor- community or statewide levels. other service providers; ization Act of 2005 (42 U.S.C. 280b–4(c)) is ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to ‘‘(C) ensure that all individuals providing amended by striking ‘‘$2,000,000 for each of receive a grant under this section, an entity prevention programming through a program the fiscal years 2007 through 2011’’ and in- shall be— funded under this section have completed or serting ‘‘$1,000,000 for each of the fiscal years ‘‘(1) a victim service provider, community- will complete sufficient training in connec- 2012 through 2016’’. based organization, tribe or tribal organiza- tion with domestic violence, dating violence, tion, or other non-profit, nongovernmental SEC. 402. SAVING MONEY AND REDUCING TRAGE- sexual assault or stalking; and organization that has a history of effective DIES THROUGH PREVENTION ‘‘(D) document how prevention programs GRANTS. work preventing domestic violence, dating are coordinated with service programs in the (a) SMART PREVENTION.—Section 41303 of violence, sexual assault, or stalking and ex- community. the Violence Against Women Act of 1994 (42 pertise in the specific area for which they ‘‘(3) PREFERENCE.—In selecting grant re- U.S.C. 14043d–2) is amended to read as fol- are applying for funds; or cipients under this section, the Attorney lows: ‘‘(2) a partnership between a victim service General shall give preference to applicants provider, community-based organization, ‘‘SEC. 41303. SAVING MONEY AND REDUCING that— TRAGEDIES THROUGH PREVENTION tribe or tribal organization, or other non- ‘‘(A) include outcome-based evaluation; (SMART PREVENTION). profit, nongovernmental organization that and ‘‘(a) GRANTS AUTHORIZED.—The Attorney has a history of effective work preventing ‘‘(B) identify any other community, school, General, in consultation with the Secretary domestic violence, dating violence, sexual or State-based efforts that are working on of Health and Human Services and the Sec- assault, or stalking and at least one of the domestic violence, dating violence, sexual retary of Education, is authorized to award following that has expertise in serving chil- assault, or stalking prevention and explain grants for the purpose of preventing domes- dren exposed to domestic violence, dating vi- how the grantee or partnership will add tic violence, dating violence, sexual assault, olence, sexual assault, or stalking, youth do- value, coordinate with other programs, and and stalking by taking a comprehensive ap- mestic violence, dating violence, sexual as- not duplicate existing efforts. proach that focuses on youth, children ex- sault, or stalking prevention, or engaging ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— posed to violence, and men as leaders and men to prevent domestic violence, dating vi- In this section, the definitions and grant influencers of social norms. olence, sexual assault, or stalking: conditions provided for in section 40002 shall ‘‘(b) USE OF FUNDS.—Funds provided under ‘‘(A) A public, charter, tribal, or nationally apply. this section may be used for the following accredited private middle or high school, a ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— purposes: school administered by the Department of There is authorized to be appropriated to ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND Defense under section 2164 of title 10, United carry out this section, $15,000,000 for each of PREVENTION.—To develop, maintain, or en- States Code or section 1402 of the Defense fiscal years 2012 through 2016. Amounts ap- hance programs that change attitudes and Dependents’ Education Act of 1978, a group propriated under this section may only be behaviors around the acceptability of domes- of schools, or a school district. used for programs and activities described tic violence, dating violence, sexual assault, ‘‘(B) A local community-based organiza- under this section. and stalking and provide education and tion, population-specific organization, or ‘‘(g) ALLOTMENT.— skills training to young individuals and indi- faith-based organization that has established ‘‘(1) IN GENERAL.—Not less than 25 percent viduals who influence young individuals. The expertise in providing services to youth. of the total amounts appropriated under this

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2855 section in each fiscal year shall be used for ‘‘(B) design and implement comprehensive ioral health curricula, and allied health serv- each set of purposes described in paragraphs strategies to improve the response of the ice training courses; or (1), (2), and (3) of subsection (b). health care system to domestic or sexual vi- ‘‘(iv) the integration of knowledge of do- ‘‘(2) INDIAN TRIBES.—Not less than 10 per- olence in clinical and public health settings, mestic violence, dating violence, sexual as- cent of the total amounts appropriated under hospitals, clinics, and other health settings sault, and stalking into health care accredi- this section in each fiscal year shall be made (including behavioral and mental health), tation and professional licensing examina- available for grants to Indian tribes or tribal under subsection (a)(3) through— tions, such as medical, dental, social work, organizations. If an insufficient number of ‘‘(i) the implementation, dissemination, and nursing boards, and where appropriate, applications are received from Indian tribes and evaluation of policies and procedures to other allied health exams. or tribal organizations, such funds shall be guide health professionals and public health ‘‘(c) REQUIREMENTS FOR GRANTEES.— allotted to other population-specific pro- staff in identifying and responding to domes- ‘‘(1) CONFIDENTIALITY AND SAFETY.— grams.’’. tic violence, dating violence, sexual assault, ‘‘(A) IN GENERAL.—Grantees under this sec- (b) REPEALS.—The following provisions are and stalking, including strategies to ensure tion shall ensure that all programs developed repealed: that health information is maintained in a with grant funds address issues of confiden- (1) Sections 41304 and 41305 of the Violence manner that protects the patient’s privacy tiality and patient safety and comply with Against Women Act of 1994 (42 U.S.C. 14043d– and safety, and safely uses health informa- applicable confidentiality and nondisclosure 3 and 14043d–4). tion technology to improve documentation, requirements under section 40002(b)(2) of the (2) Section 403 of the Violence Against identification, assessment, treatment, and Violence Against Women Act of 1994 and the Women and Department of Justice Reauthor- follow-up care; Family Violence Prevention and Services ization Act of 2005 (42 U.S.C. 14045c). ‘‘(ii) the development of on-site access to Act, and that faculty and staff associated TITLE V—STRENGTHENING THE services to address the safety, medical, and with delivering educational components are HEALTHCARE SYSTEM’S RESPONSE TO mental health needs of patients by increas- fully trained in procedures that will protect DOMESTIC VIOLENCE, DATING VIO- ing the capacity of existing health care pro- the immediate and ongoing security and con- LENCE, SEXUAL ASSAULT, AND STALK- fessionals and public health staff to address fidentiality of the patients, patient records, ING domestic violence, dating violence, sexual and staff. Such grantees shall consult enti- SEC. 501. CONSOLIDATION OF GRANTS TO assault, and stalking, or by contracting with ties with demonstrated expertise in the con- STRENGTHEN THE HEALTHCARE or hiring domestic or sexual assault advo- fidentiality and safety needs of victims of SYSTEM’S RESPONSE TO DOMESTIC cates to provide such services or to model domestic violence, dating violence, sexual VIOLENCE, DATING VIOLENCE, SEX- other services appropriate to the geographic assault, and stalking on the development UAL ASSAULT, AND STALKING. and cultural needs of a site; and adequacy of confidentially and security (a) GRANTS.—Section 399P of the Public ‘‘(iii) the development of measures and procedures, and provide documentation of Health Service Act (42 U.S.C. 280g–4) is methods for the evaluation of the practice of such consultation. amended to read as follows: identification, intervention, and documenta- ‘‘(B) ADVANCE NOTICE OF INFORMATION DIS- ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE tion regarding victims of domestic violence, CLOSURE.—Grantees under this section shall HEALTHCARE SYSTEM’S RESPONSE dating violence, sexual assault, and stalking, provide to patients advance notice about any TO DOMESTIC VIOLENCE, DATING including the development and testing of circumstances under which information may VIOLENCE, SEXUAL ASSAULT, AND STALKING. quality improvement measurements, in ac- be disclosed, such as mandatory reporting laws, and shall give patients the option to ‘‘(a) IN GENERAL.—The Secretary shall cordance with the multi-stakeholder and award grants for— quality measurement processes established receive information and referrals without af- ‘‘(1) the development or enhancement and under paragraphs (7) and (8) of section 1890(b) firmatively disclosing abuse. implementation of interdisciplinary training and section 1890A of the Social Security Act ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- for health professionals, public health staff, (42 U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C. PENSES.—A grantee shall use not more than and allied health professionals; 1890A); and 10 percent of the amounts received under a ‘‘(2) the development or enhancement and ‘‘(iv) the provision of training and follow- grant under this section for administrative implementation of education programs for up technical assistance to health care profes- expenses. medical, nursing, dental, and other health sionals, and public health staff, and allied ‘‘(3) APPLICATION.— profession students and residents to prevent health professionals to identify, assess, ‘‘(A) PREFERENCE.—In selecting grant re- and respond to domestic violence, dating vio- treat, and refer clients who are victims of cipients under this section, the Secretary lence, sexual assault, and stalking; and domestic violence, dating violence, sexual shall give preference to applicants based on ‘‘(3) the development or enhancement and assault, or stalking, including using tools the strength of their evaluation strategies, implementation of comprehensive statewide and training materials already developed. with priority given to outcome based evalua- strategies to improve the response of clinics, ‘‘(2) PERMISSIBLE USES.— tions. public health facilities, hospitals, and other ‘‘(A) CHILD AND ELDER ABUSE.—To the ex- ‘‘(B) SUBSECTION (A)(1) AND (2) GRANTEES.— health settings (including behavioral and tent consistent with the purpose of this sec- Applications for grants under paragraphs (1) mental health programs) to domestic vio- tion, a grantee may use amounts received and (2) of subsection (a) shall include— lence, dating violence, sexual assault, and under this section to address, as part of a ‘‘(i) documentation that the applicant rep- stalking. comprehensive programmatic approach im- resents a team of entities working collabo- ‘‘(b) USE OF FUNDS.— plemented under the grant, issues relating to ratively to strengthen the response of the ‘‘(1) REQUIRED USES.—Amounts provided child or elder abuse. health care system to domestic violence, under a grant under this section shall be ‘‘(B) RURAL AREAS.—Grants funded under dating violence, sexual assault, or stalking, used to— paragraphs (1) and (2) of subsection (a) may and which includes at least one of each of— ‘‘(A) fund interdisciplinary training and be used to offer to rural areas community- ‘‘(I) an accredited school of allopathic or education programs under paragraphs (1) and based training opportunities, which may in- osteopathic medicine, psychology, nursing, (2) of subsection (a) that— clude the use of distance learning networks dentistry, social work, or other health field; ‘‘(i) are designed to train medical, psy- and other available technologies needed to ‘‘(II) a health care facility or system; or chology, dental, social work, nursing, and reach isolated rural areas, for medical, nurs- ‘‘(III) a government or nonprofit entity other health profession students, interns, ing, and other health profession students and with a history of effective work in the fields residents, fellows, or current health care pro- residents on domestic violence, dating vio- of domestic violence, dating violence, sexual viders to identify and provide health care lence, sexual assault, stalking, and, as appro- assault, or stalking; and services (including mental or behavioral priate, other forms of violence and abuse. ‘‘(ii) strategies for the dissemination and health care services and referrals to appro- ‘‘(C) OTHER USES.—Grants funded under sharing of curricula and other educational priate community services) to individuals subsection (a)(3) may be used for — materials developed under the grant, if any, who are or who have been victims of domes- ‘‘(i) the development of training modules with other interested health professions tic violence, dating violence, sexual assault, and policies that address the overlap of child schools and national resource repositories or stalking; and abuse, domestic violence, dating violence, for materials on domestic violence, dating ‘‘(ii) plan and develop culturally com- sexual assault, and stalking and elder abuse, violence, sexual assault, and stalking. petent clinical training components for inte- as well as childhood exposure to domestic ‘‘(C) SUBSECTION (A)(3) GRANTEES.—An enti- gration into approved internship, residency, and sexual violence; ty desiring a grant under subsection (a)(3) and fellowship training or continuing med- ‘‘(ii) the development, expansion, and im- shall submit an application to the Secretary ical or other health education training that plementation of sexual assault forensic med- at such time, in such a manner, and con- address physical, mental, and behavioral ical examination or sexual assault nurse ex- taining such information and assurances as health issues, including protective factors, aminer programs; the Secretary may require, including— related to domestic violence, dating vio- ‘‘(iii) the inclusion of the health effects of ‘‘(i) documentation that all training, edu- lence, sexual assault, stalking, and other lifetime exposure to violence and abuse as cation, screening, assessment, services, forms of violence and abuse, focus on reduc- well as related protective factors and behav- treatment, and any other approach to pa- ing health disparities and preventing vio- ioral risk factors in health professional tient care will be informed by an under- lence and abuse, and include the primacy of training schools including medical, dental, standing of violence and abuse victimization victim safety and confidentiality; nursing, social work, and mental and behav- and trauma-specific approaches that will be

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2856 CONGRESSIONAL RECORD — SENATE April 26, 2012 integrated into prevention, intervention, and rials developed by grantees under this sec- ‘‘CHAPTER 2—HOUSING RIGHTS treatment activities; tion, including materials on training, best ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VIC- ‘‘(ii) strategies for the development and practices, and research and evaluation. TIMS OF DOMESTIC VIOLENCE, DAT- implementation of policies to prevent and ‘‘(3) REPORTING.—The Secretary shall pub- ING VIOLENCE, SEXUAL ASSAULT, address domestic violence, dating violence, lish a biennial report on— AND STALKING. sexual assault, and stalking over the lifespan ‘‘(A) the distribution of funds under this ‘‘(a) DEFINITIONS.—In this chapter: in health care settings; section; and ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- ‘‘(iii) a plan for consulting with State and ‘‘(B) the programs and activities supported filiated individual’ means, with respect to an tribal domestic violence or sexual assault by such funds. individual— coalitions, national nonprofit victim advo- ‘‘(f) RESEARCH AND EVALUATION.— ‘‘(A) a spouse, parent, brother, sister, or cacy organizations, State or tribal law en- ‘‘(1) IN GENERAL.—Of the funds made avail- child of that individual, or an individual to forcement task forces (where appropriate), able to carry out this section for any fiscal whom that individual stands in loco and population specific organizations with year, the Secretary may use not more than parentis; or demonstrated expertise in domestic violence, 20 percent to make a grant or enter into a ‘‘(B) any individual, tenant, or lawful occu- dating violence, sexual assault, or stalking; contract for research and evaluation of— pant living in the household of that indi- ‘‘(iv) with respect to an application for a ‘‘(A) grants awarded under this section; vidual. PPROPRIATE AGENCY.—The term ‘ap- grant under which the grantee will have con- and ‘‘(2) A propriate agency’ means, with respect to a tact with patients, a plan, developed in col- ‘‘(B) other training for health professionals covered housing program, the Executive de- laboration with local victim service pro- and effective interventions in the health partment (as defined in section 101 of title 5, viders, to respond appropriately to and make care setting that prevent domestic violence, United States Code) that carries out the cov- correct referrals for individuals who disclose dating violence, and sexual assault across ered housing program. that they are victims of domestic violence, the lifespan, prevent the health effects of ‘‘(3) COVERED HOUSING PROGRAM.—The term dating violence, sexual assault, stalking, or such violence, and improve the safety and ‘covered housing program’ means— other types of violence, and documentation health of individuals who are currently being ‘‘(A) the program under section 202 of the provided by the grantee of an ongoing col- victimized. laborative relationship with a local victim Housing Act of 1959 (12 U.S.C. 1701q); ‘‘(2) RESEARCH.—Research authorized in ‘‘(B) the program under section 811 of the service provider; and paragraph (1) may include— ‘‘(v) with respect to an application for a Cranston-Gonzalez National Affordable ‘‘(A) research on the effects of domestic vi- Housing Act (42 U.S.C. 8013); grant proposing to fund a program described olence, dating violence, sexual assault, and in subsection (b)(2)(C)(ii), a certification that ‘‘(C) the program under subtitle D of title childhood exposure to domestic, dating or VIII of the Cranston-Gonzalez National Af- any sexual assault forensic medical examina- sexual violence on health behaviors, health tion and sexual assault nurse examiner pro- fordable Housing Act (42 U.S.C. 12901 et seq.); conditions, and health status of individuals, grams supported with such grant funds will ‘‘(D) the program under subtitle A of title families, and populations, including under- adhere to the guidelines set forth by the At- IV of the McKinney-Vento Homeless Assist- served populations; torney General. ance Act (42 U.S.C. 11360 et seq.); ‘‘(B) research to determine effective health ‘‘(d) ELIGIBLE ENTITIES.— ‘‘(E) the program under subtitle A of title care interventions to respond to and prevent ‘‘(1) IN GENERAL.—To be eligible to receive II of the Cranston-Gonzalez National Afford- funding under paragraph (1) or (2) of sub- domestic violence, dating violence, sexual able Housing Act (42 U.S.C. 12741 et seq.); section (a), an entity shall be— assault, and stalking; ‘‘(F) the program under paragraph (3) of ‘‘(A) a nonprofit organization with a his- ‘‘(C) research on the impact of domestic, section 221(d) of the National Housing Act (12 tory of effective work in the field of training dating and sexual violence, childhood expo- U.S.C. 1715l(d)) that bears interest at a rate health professionals with an understanding sure to such violence, and stalking on the determined under the proviso under para- of, and clinical skills pertinent to, domestic health care system, health care utilization, graph (5) of such section 221(d); violence, dating violence, sexual assault, or health care costs, and health status; and ‘‘(G) the program under section 236 of the stalking, and lifetime exposure to violence ‘‘(D) research on the impact of adverse National Housing Act (12 U.S.C. 1715z–1); and abuse; childhood experiences on adult experience ‘‘(H) the programs under sections 6 and 8 of ‘‘(B) an accredited school of allopathic or with domestic violence, dating violence, sex- the United States Housing Act of 1937 (42 osteopathic medicine, psychology, nursing, ual assault, stalking, and adult health out- U.S.C. 1437d and 1437f); dentistry, social work, or allied health; comes, including how to reduce or prevent ‘‘(I) rural housing assistance provided ‘‘(C) a health care provider membership or the impact of adverse childhood experiences under sections 514, 515, 516, 533, and 538 of the professional organization, or a health care through the health care setting. Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, system; or ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 1490m, and 1490p–2); and ‘‘(D) a State, tribal, territorial, or local en- There is authorized to be appropriated to ‘‘(J) the low income housing tax credit pro- tity. carry out this section, $10,000,000 for each of gram under section 42 of the Internal Rev- ‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eli- fiscal years 2012 through 2016. enue Code of 1986. gible to receive funding under subsection ‘‘(h) DEFINITIONS.—Except as otherwise ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TER- (a)(3), an entity shall be— provided herein, the definitions provided for MINATION OF ASSISTANCE OR EVICTION.— ‘‘(A) a State department (or other division) in section 40002 of the Violence Against ‘‘(1) IN GENERAL.—An applicant for or ten- of health, a State, tribal, or territorial do- Women Act of 1994 shall apply to this sec- ant of housing assisted under a covered hous- mestic violence or sexual assault coalition tion.’’. ing program may not be denied admission to, or victim service provider, or any other non- (b) REPEALS.—The following provisions are denied assistance under, terminated from profit, nongovernmental organization with a repealed: participation in, or evicted from the housing history of effective work in the fields of do- (1) Section 40297 of the Violence Against on the basis that the applicant or tenant is mestic violence, dating violence, sexual as- Women Act of 1994 (42 U.S.C. 13973). or has been a victim of domestic violence, sault, or stalking, and health care, including (2) Section 758 of the Public Health Service dating violence, sexual assault, or stalking, physical or mental health care; or Act (42 U.S.C. 294h). if the applicant or tenant otherwise qualifies ‘‘(B) a local victim service provider, a local TITLE VI—SAFE HOMES FOR VICTIMS OF for admission, assistance, participation, or department (or other division) of health, a DOMESTIC VIOLENCE, DATING VIO- occupancy. local health clinic, hospital, or health sys- LENCE, SEXUAL ASSAULT, AND STALK- ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- tem, or any other community-based organi- ING cident of actual or threatened domestic vio- zation with a history of effective work in the lence, dating violence, sexual assault, or field of domestic violence, dating violence, SEC. 601. HOUSING PROTECTIONS FOR VICTIMS stalking shall not be construed as— OF DOMESTIC VIOLENCE, DATING ‘‘(A) a serious or repeated violation of a sexual assault, or stalking and health care, VIOLENCE, SEXUAL ASSAULT, AND including physical or mental health care. STALKING. lease for housing assisted under a covered ‘‘(e) TECHNICAL ASSISTANCE.— housing program by the victim or threatened (a) AMENDMENT.—Subtitle N of the Vio- ‘‘(1) IN GENERAL.—Of the funds made avail- lence Against Women Act of 1994 (42 U.S.C. victim of such incident; or able to carry out this section for any fiscal 14043e et seq.) is amended— ‘‘(B) good cause for terminating the assist- year, the Secretary may make grants or (1) by inserting after the subtitle heading ance, tenancy, or occupancy rights to hous- enter into contracts to provide technical as- the following: ing assisted under a covered housing pro- sistance with respect to the planning, devel- gram of the victim or threatened victim of opment, and operation of any program, ac- ‘‘CHAPTER 1—GRANT PROGRAMS’’; such incident. tivity or service carried out pursuant to this (2) in section 41402 (42 U.S.C. 14043e–1), in ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL section. Not more than 8 percent of the funds the matter preceding paragraph (1), by strik- ACTIVITY.— appropriated under this section in each fiscal ing ‘‘subtitle’’ and inserting ‘‘chapter’’; ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND year may be used to fund technical assist- (3) in section 41403 (42 U.S.C. 14043e–2), in OCCUPANCY RIGHTS PROHIBITED.—No person ance under this subsection. the matter preceding paragraph (1), by strik- may deny assistance, tenancy, or occupancy ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- ing ‘‘subtitle’’ and inserting ‘‘chapter’’; and rights to housing assisted under a covered retary shall make publicly available mate- (4) by adding at the end the following: housing program to a tenant solely on the

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2857 basis of criminal activity directly relating to tims of domestic violence, dating violence, agency or owner or manager and may not be domestic violence, dating violence, sexual sexual assault, or stalking. entered into any shared database or dis- assault, or stalking that is engaged in by a ‘‘(c) DOCUMENTATION.— closed to any other entity or individual, ex- member of the household of the tenant or ‘‘(1) REQUEST FOR DOCUMENTATION.—If an cept to the extent that the disclosure is— any guest or other person under the control applicant for, or tenant of, housing assisted ‘‘(A) requested or consented to by the indi- of the tenant, if the tenant or an affiliated under a covered housing program represents vidual in writing; individual of the tenant is the victim or to a public housing agency or owner or man- ‘‘(B) required for use in an eviction pro- threatened victim of such domestic violence, ager of the housing that the individual is en- ceeding under subsection (b); or dating violence, sexual assault, or stalking. titled to protection under subsection (b), the ‘‘(C) otherwise required by applicable law. ‘‘(B) BIFURCATION.— public housing agency or owner or manager ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- ‘‘(i) IN GENERAL.—Notwithstanding sub- may request, in writing, that the applicant ing in this subsection shall be construed to paragraph (A), a public housing agency or or tenant submit to the public housing agen- require a public housing agency or owner or owner or manager of housing assisted under cy or owner or manager a form of docu- manager of housing assisted under a covered a covered housing program may bifurcate a mentation described in paragraph (3). housing program to request that an indi- lease for the housing in order to evict, re- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— vidual submit documentation of the status of move, or terminate assistance to any indi- ‘‘(A) IN GENERAL.—If an applicant or tenant the individual as a victim of domestic vio- vidual who is a tenant or lawful occupant of does not provide the documentation re- lence, dating violence, sexual assault, or the housing and who engages in criminal ac- quested under paragraph (1) within 14 busi- stalking. tivity directly relating to domestic violence, ness days after the tenant receives a request ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- dating violence, sexual assault, or stalking in writing for such certification from a pub- STITUTE EVIDENCE OF UNREASONABLE ACT.— against an affiliated individual or other indi- lic housing agency or owner or manager of Compliance with subsection (b) by a public vidual, without evicting, removing, termi- housing assisted under a covered housing housing agency or owner or manager of hous- nating assistance to, or otherwise penalizing program, nothing in this chapter may be ing assisted under a covered housing pro- a victim of such criminal activity who is construed to limit the authority of the pub- gram based on documentation received under also a tenant or lawful occupant of the hous- lic housing agency or owner or manager to— this subsection, shall not be sufficient to ing. ‘‘(i) deny admission by the applicant or constitute evidence of an unreasonable act ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- tenant to the covered program; or omission by the public housing agency or ANTS.—If public housing agency or owner or ‘‘(ii) deny assistance under the covered owner or manager or an employee or agent of manager of housing assisted under a covered program to the applicant or tenant; the public housing agency or owner or man- housing program evicts, removes, or termi- ‘‘(iii) terminate the participation of the ager. Nothing in this paragraph shall be con- nates assistance to an individual under applicant or tenant in the covered program; strued to limit the liability of a public hous- clause (i), and the individual is the sole ten- or ing agency or owner or manager of housing ant eligible to receive assistance under a ‘‘(iv) evict the applicant, the tenant, or a assisted under a covered housing program for covered housing program, the public housing lawful occupant that commits violations of a failure to comply with subsection (b). agency or owner or manager of housing as- lease. ‘‘(7) RESPONSE TO CONFLICTING CERTIFI- sisted under the covered housing program ‘‘(B) EXTENSION.—A public housing agency CATION.—If a public housing agency or owner shall provide any remaining tenant an oppor- or owner or manager of housing may extend or manager of housing assisted under a cov- tunity to establish eligibility for the covered the 14-day deadline under subparagraph (A) ered housing program receives documenta- housing program. If a tenant described in the at its discretion. tion under this subsection that contains con- preceding sentence cannot establish eligi- ‘‘(3) FORM OF DOCUMENTATION.—A form of flicting information, the public housing bility, the public housing agency or owner or documentation described in this paragraph agency or owner or manager may require an manager of the housing shall provide the is— applicant or tenant to submit third-party tenant a reasonable time, as determined by ‘‘(A) a certification form approved by the documentation, as described in subparagraph the appropriate agency, to find new housing appropriate agency that— (B), (C), or (D) of paragraph (3). or to establish eligibility for housing under ‘‘(i) states that an applicant or tenant is a ‘‘(8) PREEMPTION.—Nothing in this sub- another covered housing program. victim of domestic violence, dating violence, section shall be construed to supersede any ‘‘(C) RULES OF CONSTRUCTION.—Nothing in sexual assault, or stalking; provision of any Federal, State, or local law subparagraph (A) shall be construed— ‘‘(ii) states that the incident of domestic that provides greater protection than this ‘‘(i) to limit the authority of a public hous- violence, dating violence, sexual assault, or subsection for victims of domestic violence, ing agency or owner or manager of housing stalking that is the ground for protection dating violence, sexual assault, or stalking. assisted under a covered housing program, under subsection (b) meets the requirements ‘‘(d) NOTIFICATION.— when notified of a court order, to comply under subsection (b); and ‘‘(1) DEVELOPMENT.—The Secretary of with a court order with respect to— ‘‘(iii) includes the name of the individual Housing and Urban Development shall de- ‘‘(I) the rights of access to or control of who committed the domestic violence, dat- velop a notice of the rights of individuals property, including civil protection orders ing violence, sexual assault, or stalking, if under this section, including the right to issued to protect a victim of domestic vio- the name is known and safe to provide; confidentiality and the limits thereof. lence, dating violence, sexual assault, or ‘‘(B) a document that— ‘‘(2) PROVISION.—Each public housing agen- stalking; or ‘‘(i) is signed by— cy or owner or manager of housing assisted ‘‘(II) the distribution or possession of prop- ‘‘(I) an employee, agent, or volunteer of a under a covered housing program shall pro- erty among members of a household in a victim service provider, an attorney, a med- vide the notice developed under paragraph case; ical professional, or a mental health profes- (1), together with the form described in sub- ‘‘(ii) to limit any otherwise available au- sional from whom an applicant or tenant has section (c)(3)(A), to an applicant for or ten- thority of a public housing agency or owner sought assistance relating to domestic vio- ants of housing assisted under a covered or manager of housing assisted under a cov- lence, dating violence, sexual assault, or housing program— ered housing program to evict or terminate stalking, or the effects of the abuse; and ‘‘(A) at the time the applicant is denied assistance to a tenant for any violation of a ‘‘(II) the applicant or tenant; and residency in a dwelling unit assisted under lease not premised on the act of violence in ‘‘(ii) states under penalty of perjury that the covered housing program; question against the tenant or an affiliated the individual described in clause (i)(I) be- ‘‘(B) at the time the individual is admitted person of the tenant, if the public housing lieves that the incident of domestic violence, to a dwelling unit assisted under the covered agency or owner or manager does not subject dating violence, sexual assault, or stalking housing program; an individual who is or has been a victim of that is the ground for protection under sub- ‘‘(C) with any notification of eviction or domestic violence, dating violence, or stalk- section (b) meets the requirements under notification of termination of assistance; ing to a more demanding standard than subsection (b); and other tenants in determining whether to ‘‘(C) a record of a Federal, State, tribal, ‘‘(D) in multiple languages, consistent with evict or terminate; territorial, or local law enforcement agency, guidance issued by the Secretary of Housing ‘‘(iii) to limit the authority to terminate court, or administrative agency; or and Urban Development in accordance with assistance to a tenant or evict a tenant from ‘‘(D) at the discretion of a public housing Executive Order 13166 (42 U.S.C. 2000d–1 note; housing assisted under a covered housing agency or owner or manager of housing as- relating to access to services for persons program if a public housing agency or owner sisted under a covered housing program, a with limited English proficiency). or manager of the housing can demonstrate statement or other evidence provided by an ‘‘(e) EMERGENCY TRANSFERS.—Each appro- that an actual and imminent threat to other applicant or tenant. priate agency shall adopt a model emergency tenants or individuals employed at or pro- ‘‘(4) CONFIDENTIALITY.—Any information transfer plan for use by public housing agen- viding service to the property would be submitted to a public housing agency or cies and owners or managers of housing as- present if the assistance is not terminated or owner or manager under this subsection, in- sisted under covered housing programs the tenant is not evicted; or cluding the fact that an individual is a vic- that— ‘‘(iv) to supersede any provision of any tim of domestic violence, dating violence, ‘‘(1) allows tenants who are victims of do- Federal, State, or local law that provides sexual assault, or stalking shall be main- mestic violence, dating violence, sexual as- greater protection than this section for vic- tained in confidence by the public housing sault, or stalking to transfer to another

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2858 CONGRESSIONAL RECORD — SENATE April 26, 2012 available and safe dwelling unit assisted (iii) by striking paragraphs (8), (9), (10), and and inserting ‘‘$35,000,000 for each of fiscal under a covered housing program if— (11); years 2012 through 2016’’; and ‘‘(A) the tenant expressly requests the (D) in subsection (o)— (ii) in paragraph (3)— transfer; and (i) in paragraph (6)(B), by striking the last (I) in subparagraph (A), by striking ‘‘eligi- ‘‘(B)(i) the tenant reasonably believes that sentence; ble’’ and inserting ‘‘qualified’’; and the tenant is threatened with imminent (ii) in paragraph (7)— (II) by adding at the end the following: harm from further violence if the tenant re- (I) in subparagraph (C), by striking ‘‘and ‘‘(D) QUALIFIED APPLICATION DEFINED.—In mains within the same dwelling unit assisted that an incident or incidents of actual or this paragraph, the term ‘qualified applica- under a covered housing program; or threatened domestic violence, dating vio- tion’ means an application that— ‘‘(ii) in the case of a tenant who is a victim lence, or stalking shall not be construed as a ‘‘(i) has been submitted by an eligible ap- of sexual assault, the sexual assault occurred serious or repeated violation of the lease by plicant; on the premises during the 90 day period pre- the victim or threatened victim of that vio- ‘‘(ii) does not propose any activities that ceding the request for transfer; and lence and shall not be good cause for termi- may compromise victim safety, including— ‘‘(2) incorporates reasonable confiden- nating the tenancy or occupancy rights of ‘‘(I) background checks of victims; or tiality measures to ensure that the public the victim of such violence’’; and ‘‘(II) clinical evaluations to determine eli- housing agency or owner or manager does (II) in subparagraph (D), by striking ‘‘; ex- gibility for services; not disclose the location of the dwelling unit cept that’’ and all that follows through ‘‘(iii) reflects an understanding of the dy- of a tenant to a person that commits an act ‘‘stalking.’’; and namics of domestic violence, dating violence, of domestic violence, dating violence, sexual (iii) by striking paragraph (20); and sexual assault, or stalking; and assault, or stalking against the tenant. (E) by striking subsection (ee). ‘‘(iv) does not propose prohibited activi- ‘‘(f) POLICIES AND PROCEDURES FOR EMER- (3) RULE OF CONSTRUCTION.—Nothing in this ties, including mandatory services for vic- GENCY TRANSFER.—The Secretary of Housing Act, or the amendments made by this Act, tims.’’. and Urban Development shall establish poli- shall be construed— SEC. 603. ADDRESSING THE HOUSING NEEDS OF cies and procedures under which a victim re- (A) to limit the rights or remedies avail- VICTIMS OF DOMESTIC VIOLENCE, questing an emergency transfer under sub- able to any person under section 6 or 8 of the DATING VIOLENCE, SEXUAL AS- section (e) may receive, subject to the avail- United States Housing Act of 1937 (42 U.S.C. SAULT, AND STALKING. ability of tenant protection vouchers, assist- 1437d and 1437f), as in effect on the day before Subtitle N of the Violence Against Women ance under section 8(o) of the United States the date of enactment of this Act; Act of 1994 (42 U.S.C. 14043e et seq.) is amend- Housing Act of 1937 (42 U.S.C. 1437f(o)). (B) to limit any right, remedy, or proce- ed— ‘‘(g) IMPLEMENTATION.—The appropriate dure otherwise available under any provision (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), agency with respect to each covered housing of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, by striking ‘‘$10,000,000 for each of fiscal program shall implement this section, as 966, 982, or 983 of title 24, Code of Federal years 2007 through 2011’’ and inserting this section applies to the covered housing Regulations, that— ‘‘$4,000,000 for each of fiscal years 2012 program.’’. (i) was issued under the Violence Against through 2016’’; and (b) CONFORMING AMENDMENTS.— Women and Department of Justice Reauthor- (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), (1) SECTION 6.—Section 6 of the United ization Act of 2005 (Public Law 109–162; 119 by striking ‘‘$10,000,000 for each of fiscal States Housing Act of 1937 (42 U.S.C. 1437d) is Stat. 2960) or an amendment made by that years 2007 through 2011’’ and inserting amended— Act; and ‘‘$4,000,000 for each of fiscal years 2012 (A) in subsection (c)— (ii) provides greater protection for victims through 2016’’. (i) by striking paragraph (3); and of domestic violence, dating violence, sexual (ii) by redesignating paragraphs (4) and (5) TITLE VII—ECONOMIC SECURITY FOR assault, and stalking than this Act; or VICTIMS OF VIOLENCE as paragraphs (3) and (4), respectively; (C) to disqualify an owner, manager, or (B) in subsection (l)— other individual from participating in or re- SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST (i) in paragraph (5), by striking ‘‘, and that ceiving the benefits of the low income hous- an incident or incidents of actual or threat- VICTIMS OF DOMESTIC AND SEXUAL ing tax credit program under section 42 of VIOLENCE. ened domestic violence, dating violence, or the Internal Revenue Code of 1986 because of stalking will not be construed as a serious or Section 41501(e) of the Violence Against noncompliance with the provisions of this Women Act of 1994 (42 U.S.C. 14043f(e)) is repeated violation of the lease by the victim Act. or threatened victim of that violence and amended by striking ‘‘fiscal years 2007 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE will not be good cause for terminating the through 2011’’ and inserting ‘‘fiscal years 2012 GRANTS FOR VICTIMS OF DOMESTIC through 2016’’. tenancy or occupancy rights of the victim of VIOLENCE, DATING VIOLENCE, SEX- such violence’’; and UAL ASSAULT, AND STALKING. TITLE VIII—PROTECTION OF BATTERED (ii) in paragraph (6), by striking ‘‘; except Chapter 11 of subtitle B of the Violence IMMIGRANTS that’’ and all that follows through ‘‘stalk- Against Women Act of 1994 (42 U.S.C. 13975 et SEC. 801. U NONIMMIGRANT DEFINITION. ing.’’; and seq.) is amended— Section 101(a)(15)(U)(iii) of the Immigra- (C) by striking subsection (u). (1) in the chapter heading, by striking tion and Nationality Act (8 U.S.C. (2) SECTION 8.—Section 8 of the United ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, 1101(a)(15)(U)(iii)) is amended by inserting States Housing Act of 1937 (42 U.S.C. 1437f) is STALKING, OR SEXUAL ASSAULT’’ and in- ‘‘stalking;’’ after ‘‘sexual exploitation;’’. amended— serting ‘‘VICTIMS OF DOMESTIC VIO- SEC. 802. ANNUAL REPORT ON IMMIGRATION AP- (A) in subsection (c), by striking paragraph LENCE, DATING VIOLENCE, SEXUAL AS- PLICATIONS MADE BY VICTIMS OF (9); SAULT, OR STALKING’’; and ABUSE. (B) in subsection (d)(1)— (2) in section 40299 (42 U.S.C. 13975)— Not later than December 1, 2012, and annu- (i) in subparagraph (A), by striking ‘‘and (A) in the header, by striking ‘‘CHILD VIC- ally thereafter, the Secretary of Homeland that an applicant or participant is or has TIMS OF DOMESTIC VIOLENCE, STALKING, Security shall submit to the Committee on been a victim of domestic violence, dating OR SEXUAL ASSAULT’’ and inserting ‘‘VIC- the Judiciary of the Senate and the Com- violence, or stalking is not an appropriate TIMS OF DOMESTIC VIOLENCE, DATING mittee on the Judiciary of the House of Rep- basis for denial of program assistance or for VIOLENCE, SEXUAL ASSAULT, OR STALK- resentatives a report that includes the fol- denial of admission if the applicant other- ING’’; lowing: wise qualifies for assistance or admission’’; (B) in subsection (a)(1), by striking ‘‘flee- (1) The number of aliens who— and ing’’; (A) submitted an application for non- (ii) in subparagraph (B)— (C) in subsection (b)(3)— immigrant status under paragraph (15)(T)(i), (I) in clause (ii), by striking ‘‘, and that an (i) in subparagraph (A), by striking ‘‘ and’’ (15)(U)(i), or (51) of section 101(a) of the Im- incident or incidents of actual or threatened at the end; migration and Nationality Act (8 U.S.C. domestic violence, dating violence, or stalk- (ii) by redesignating subparagraph (B) as 1101(a)) during the preceding fiscal year; ing will not be construed as a serious or re- subparagraph (C); (B) were granted such nonimmigrant sta- peated violation of the lease by the victim or (iii) by inserting after subparagraph (A) tus during such fiscal year; or threatened victim of that violence and will the following: (C) were denied such nonimmigrant status not be good cause for terminating the ten- ‘‘(B) secure employment, including obtain- during such fiscal year. ancy or occupancy rights of the victim of ing employment counseling, occupational (2) The mean amount of time and median such violence’’; and training, job retention counseling, and coun- amount of time to adjudicate an application (II) in clause (iii), by striking ‘‘, except seling concerning re-entry in to the work- for such nonimmigrant status during such that:’’ and all that follows through ‘‘stalk- force; and’’; and fiscal year. ing.’’; (iv) in subparagraph (C), as redesignated by (3) The mean amount of time and median (C) in subsection (f)— clause (ii), by striking ‘‘ employment coun- amount of time between the receipt of an ap- (i) in paragraph (6), by adding ‘‘and’’ at the seling,’’; and plication for such nonimmigrant status and end; (D) in subsection (g)— the issuance of work authorization to an eli- (ii) in paragraph (7), by striking the semi- (i) in paragraph (1), by striking ‘‘$40,000,000 gible applicant during the preceding fiscal colon at the end and inserting a period; and for each of fiscal years 2007 through 2011’’ year.

VerDate Mar 15 2010 07:27 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2859 (4) The number of aliens granted continued tion for status under such clause (i) is filed stalking, or an attempt to commit any such presence in the United States under section but while it is pending.’’. crime.’’. 107(c)(3) of the Trafficking Victims Protec- SEC. 806. HARDSHIP WAIVERS. (b) PROVISION OF INFORMATION TO K NON- tion Act of 2000 (22 U.S.C. 7105(c)(3)) during (a) IN GENERAL.—Section 216(c)(4) of the IMMIGRANTS.—Section 833 of the Inter- the preceding fiscal year. Immigration and Nationality Act (8 U.S.C. national Marriage Broker Regulation Act of (5) A description of any actions being 1186a(c)(4)) is amended— 2005 (8 U.S.C. 1375a) is amended— taken to reduce the adjudication and proc- (1) in subparagraph (A), by striking the (1) in subsection (a)(5)(A)— essing time, while ensuring the safe and comma at the end and inserting a semicolon; (A) in clause (iii)— competent processing, of an application de- (2) in subparagraph (B), by striking ‘‘(1), (i) by striking ‘‘State any’’ and inserting scribed in paragraph (1) or a request for con- or’’ and inserting ‘‘(1); or’’; ‘‘State, for inclusion in the mailing de- tinued presence referred to in paragraph (4). (3) in subparagraph (C), by striking the pe- scribed in clause (i), any’’; and SEC. 803. PROTECTION FOR CHILDREN OF VAWA riod at the end and inserting a semicolon and (ii) by striking the last sentence; and SELF-PETITIONERS. ‘‘or’’; and (B) by adding at the end the following: Section 204(l)(2) of the Immigration and (4) by inserting after subparagraph (C) the ‘‘(iv) The Secretary of Homeland Security Nationality Act (8 U.S.C. 1154(l)(2)) is amend- following: shall conduct a background check of the Na- ed— ‘‘(D) the alien meets the requirements tional Crime Information Center’s Protec- (1) in subparagraph (E), by striking ‘‘or’’ at under section 204(a)(1)(A)(iii)(II)(aa)(BB) and tion Order Database on each petitioner for a the end; following the marriage ceremony was bat- visa under subsection (d) or (r) of section 214 (2) by redesignating subparagraph (F) as tered by or subject to extreme cruelty per- of the Immigration and Nationality Act (8 subparagraph (G); and petrated by the alien’s intended spouse and U.S.C. 1184). Any appropriate information ob- (3) by inserting after subparagraph (E) the was not at fault in failing to meet the re- tained from such background check— following: quirements of paragraph (1).’’. ‘‘(I) shall accompany the criminal back- ‘‘(F) a child of an alien who filed a pending (b) TECHNICAL CORRECTIONS.—Section ground information provided by the Sec- or approved petition for classification or ap- 216(c)(4) of the Immigration and Nationality retary of Homeland Security to the Sec- plication for adjustment of status or other Act (8 U.S.C. 1186a(c)(4)), as amended by sub- retary of State and shared by the Secretary benefit specified in section 101(a)(51) as a section (a), is further amended— of State with a beneficiary of a petition re- VAWA self-petitioner; or’’. (1) in the matter preceding subparagraph ferred to in clause (iii); and SEC. 804. PUBLIC CHARGE. (A), by striking ‘‘The Attorney General, in ‘‘(II) shall not be used or disclosed for any Section 212(a)(4) of the Immigration and the Attorney General’s’’ and inserting ‘‘The other purpose unless expressly authorized by Nationality Act (8 U.S.C. 1182(a)(4)) is Secretary of Homeland Security, in the Sec- law. amended by adding at the end the following: retary’s’’; and ‘‘(v) The Secretary of Homeland Security ‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN (2) in the undesignated paragraph at the shall create a cover sheet or other mecha- VICTIMS.—Subparagraphs (A), (B), and (C) end— nism to accompany the information required shall not apply to an alien who— (A) in the first sentence, by striking ‘‘At- to be provided to an applicant for a visa ‘‘(i) is a VAWA self-petitioner; torney General’’ and inserting ‘‘Secretary of under subsection (d) or (r) of section 214 of ‘‘(ii) is an applicant for, or is granted, non- Homeland Security’’; the Immigration and Nationality Act (8 immigrant status under section 101(a)(15)(U); (B) in the second sentence, by striking U.S.C. 1184) by clauses (i) through (iv) of this or ‘‘Attorney General’’ and inserting ‘‘Sec- paragraph or by clauses (i) and (ii) of sub- ‘‘(iii) is a qualified alien described in sec- retary’’; section (r)(4)(B) of such section 214, that tion 431(c) of the Personal Responsibility and (C) in the third sentence, by striking ‘‘At- calls to the applicant’s attention— Work Opportunity Reconciliation Act of 1996 torney General.’’ and inserting ‘‘Secretary.’’; ‘‘(I) whether the petitioner disclosed a pro- (8 U.S.C. 1641(c)).’’. and tection order, a restraining order, or crimi- SEC. 805. REQUIREMENTS APPLICABLE TO U (D) in the fourth sentence, by striking ‘‘At- nal history information on the visa petition; VISAS. torney General’’ and inserting ‘‘Secretary’’. ‘‘(II) the criminal background information (a) RECAPTURE OF UNUSED U VISAS.—Sec- SEC. 807. PROTECTIONS FOR A FIANCE´ E OR and information about any protection order tion 214(p)(2) of the Immigration and Nation- FIANCE´ OF A CITIZEN. obtained by the Secretary of Homeland Secu- ality Act (8 U.S.C. 1184(p)(2)) is amended by— (a) IN GENERAL.—Section 214 of the Immi- rity regarding the petitioner in the course of (1) in subparagraph (A), by striking ‘‘The gration and Nationality Act (8 U.S.C. 1184) is adjudicating the petition; and number’’ and inserting ‘‘Except as provided amended— ‘‘(III) whether the information the peti- in subparagraph (C), the number’’; and (1) in subsection (d)— tioner disclosed on the visa petition regard- (2) by adding at the end the following: (A) in paragraph (1), by striking ‘‘crime.’’ ing any previous petitions filed under sub- ‘‘(C) Beginning in fiscal year 2012, if the and inserting ‘‘crime described in paragraph section (d) or (r) of such section 214 is con- numerical limitation set forth in subpara- (3)(B) and information on any permanent sistent with the information in the multiple graph (A) is reached before the end of the fis- protection or restraining order issued visa tracking database of the Department of cal year, up to 5,000 additional visas, of the against the petitioner related to any speci- Homeland Security, as described in sub- aggregate number of visas that were avail- fied crime described in paragraph (3)(B)(i).’’; section (r)(4)(A) of such section 214.’’; and able and not issued to nonimmigrants de- (B) in paragraph (2)(A), in the matter pre- (2) in subsection (b)(1)(A), by striking ‘‘or’’ scribed in section 101(a)(15)(U) in fiscal years ceding clause (i)— after ‘‘orders’’ and inserting ‘‘and’’. 2006 through 2011, may be issued until the (i) by striking ‘‘a consular officer’’ and in- end of the fiscal year.’’. serting ‘‘the Secretary of Homeland Secu- SEC. 808. REGULATION OF INTERNATIONAL MAR- RIAGE BROKERS. (3) SUNSET DATE.—The amendments made rity’’; and by paragraphs (1) and (2) are repealed on the (ii) by striking ‘‘the officer’’ and inserting (a) IMPLEMENTATION OF THE INTERNATIONAL date on which the aggregate number of visas ‘‘the Secretary’’; and MARRIAGE BROKER ACT OF 2005.— that were available and not issued in fiscal (C) in paragraph (3)(B)(i), by striking (1) FINDINGS.—Congress finds the following: years 2006 through 2011 have been issued pur- ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, (A) The International Marriage Broker Act suant to section 214(p)(2)(C) of the Immigra- stalking, or an attempt to commit any such of 2005 (subtitle D of Public Law 109–162; 119 tion and Nationality Act. crime.’’; and Stat. 3066) has not been fully implemented (b) AGE DETERMINATIONS.—Section 214(p) of (2) in subsection (r)— with regard to investigating and prosecuting the Immigration and Nationality Act (8 (A) in paragraph (1), by striking ‘‘crime.’’ violations of the law, and for other purposes. U.S.C. 1184(p)) is amended by adding at the and inserting ‘‘crime described in paragraph (B) Six years after Congress enacted the end the following: (5)(B) and information on any permanent International Marriage Broker Act of 2005 to ‘‘(7) AGE DETERMINATIONS.— protection or restraining order issued regulate the activities of the hundreds of for- ‘‘(A) CHILDREN.—An unmarried alien who against the petitioner related to any speci- profit international marriage brokers oper- seeks to accompany, or follow to join, a par- fied crime described in subsection (5)(B)(i).’’; ating in the United States, the Attorney ent granted status under section and General has not determined which compo- 101(a)(15)(U)(i), and who was under 21 years of (B) by amending paragraph (4)(B)(ii) to nent of the Department of Justice will inves- age on the date on which such parent peti- read as follows: tigate and prosecute violations of such Act. tioned for such status, shall continue to be ‘‘(ii) To notify the beneficiary as required (2) REPORT.—Not later than 90 days after classified as a child for purposes of section by clause (i), the Secretary of Homeland Se- the date of the enactment of this Act, the 101(a)(15)(U)(ii), if the alien attains 21 years curity shall provide such notice to the Sec- Attorney General shall submit to Congress a of age after such parent’s petition was filed retary of State for inclusion in the mailing report that includes the following: but while it was pending. to the beneficiary described in section (A) The name of the component of the De- ‘‘(B) PRINCIPAL ALIENS.—An alien described 833(a)(5)(A)(i) of the International Marriage partment of Justice responsible for inves- in clause (i) of section 101(a)(15)(U) shall con- Broker Regulation Act of 2005 (8 U.S.C. tigating and prosecuting violations of the tinue to be treated as an alien described in 1375a(a)(5)(A)(i)).’’; and International Marriage Broker Act of 2005 clause (ii)(I) of such section if the alien at- (3) in paragraph (5)(B)(i), by striking (subtitle D of Public Law 109–162; 119 Stat. tains 21 years of age after the alien’s applica- ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 3066) and the amendments made by this Act.

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(B) A description of the policies and proce- time and territorial jurisdiction of the ‘‘(B) REPORT.—Not later than 2 years after dures of the Attorney General for consulta- United States— the date of the enactment of the Violence tion with the Secretary of Homeland Secu- ‘‘(I) except as provided in subclause (II), Against Women Reauthorization Act of 2011, rity and the Secretary of State in inves- violates (or attempts to violate) paragraph the Comptroller General shall submit to the tigating and prosecuting such violations. (1), (2), (3), or (4) shall be fined in accordance Committee on the Judiciary of the Senate (b) TECHNICAL CORRECTION.—Section with title 18, United States Code, or impris- and the Committee on the Judiciary of the 833(a)(2)(H) of the International Marriage oned for not more than 1 year, or both; or House of Representatives a report setting Broker Regulation Act of 2005 (8 U.S.C. ‘‘(II) knowingly violates or attempts to forth the results of the study conducted 1375a(a)(2)(H)) is amended by striking ‘‘Fed- violate paragraphs (1), (2), (3), or (4) shall be under subparagraph (A). eral and State sex offender public registries’’ fined in accordance with title 18, United ‘‘(C) DATA COLLECTION.—The Attorney Gen- and inserting ‘‘the National Sex Offender States Code, or imprisoned for not more than eral, the Secretary of Homeland Security, Public Website’’. 5 years, or both. and the Secretary of State shall collect and (c) REGULATION OF INTERNATIONAL MAR- ‘‘(ii) MISUSE OF INFORMATION.—A person maintain the data necessary for the Comp- RIAGE BROKERS.—Section 833(d) of the Inter- who knowingly discloses, uses, or causes to troller General to conduct the study required national Marriage Broker Regulation Act of be used any information obtained by an by paragraph (1)(A).’’. 2005 (8 U.S.C. 1375a(d)) is amended— international marriage broker as a result of SEC. 809. ELIGIBILITY OF CRIME AND TRAF- (1) by amending paragraph (1) to read as a requirement under paragraph (2) or (3) for FICKING VICTIMS IN THE COMMON- follows: any purpose other than the disclosures re- WEALTH OF THE NORTHERN MAR- quired under paragraph (3) shall be fined in IANA ISLANDS TO ADJUST STATUS. ‘‘(1) PROHIBITION ON MARKETING OF OR TO Section 705(c) of the Consolidated Natural CHILDREN.— accordance with title 18, United States Code, or imprisoned for not more than 1 year, or Resources Act of 2008 (Public Law 110–229; 48 ‘‘(A) IN GENERAL.—An international mar- U.S.C. 1806 note), is amended by striking riage broker shall not provide any individual both. ‘‘(iii) FRAUDULENT FAILURES OF UNITED ‘‘except that,’’ and all that follows through or entity with the personal contact informa- the end, and inserting the following: ‘‘except STATES CLIENTS TO MAKE REQUIRED SELF-DIS- tion, photograph, or general information that— about the background or interests of any in- CLOSURES.—A person who knowingly and with intent to defraud another person out- ‘‘(1) for the purpose of determining wheth- dividual under the age of 18. er an alien lawfully admitted for permanent ‘‘(B) COMPLIANCE.—To comply with the re- side the United States in order to recruit, so- licit, entice, or induce that other person into residence (as defined in section 101(a)(20) of quirements of subparagraph (A), an inter- the Immigration and Nationality Act (8 national marriage broker shall— entering a dating or matrimonial relation- ship, makes false or fraudulent representa- U.S.C. 1101(a)(20)) has abandoned or lost such ‘‘(i) obtain a valid copy of each foreign na- status by reason of absence from the United tional client’s birth certificate or other tions regarding the disclosures described in clause (i), (ii), (iii), or (iv) of subsection States, such alien’s presence in the Common- proof of age document issued by an appro- wealth, before, on or after November 28, 2009, priate government entity; (d)(2)(B), including by failing to make any such disclosures, shall be fined in accordance shall be considered to be presence in the ‘‘(ii) indicate on such certificate or docu- United States; and ment the date it was received by the inter- with title 18, United States Code, imprisoned for not more than 1 year, or both. ‘‘(2) for the purpose of determining wheth- national marriage broker; er an alien whose application for status ‘‘(iii) retain the original of such certificate ‘‘(iv) RELATIONSHIP TO OTHER PENALTIES.— The penalties provided in clauses (i), (ii), and under subparagraph (T) or (U) of section or document for 7 years after such date of re- 101(a)(15) of the Immigration and Nationality ceipt; and (iii) are in addition to any other civil or criminal liability under Federal or State law Act (8 U.S.C. 1101(a)(15)) was granted is sub- ‘‘(iv) produce such certificate or document sequently eligible for adjustment under sub- upon request to an appropriate authority to which a person may be subject for the misuse of information, including misuse to section (l) or (m) of section 245 of such Act (8 charged with the enforcement of this para- U.S.C. 1255), such alien’s physical presence in graph.’’; threaten, intimidate, or harass any indi- vidual. the Commonwealth before, on, or after No- (2) in paragraph (2)— vember 28, 2009, and subsequent to the grant (A) in subparagraph (A)(i)— ‘‘(v) CONSTRUCTION.—Nothing in this para- graph or paragraph (3) or (4) may be con- of the application, shall be considered as (i) in the heading, by striking ‘‘REG- equivalent to presence in the United States ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; and strued to prevent the disclosure of informa- tion to law enforcement or pursuant to a pursuant to a nonimmigrant admission in (ii) by striking ‘‘Registry or State sex of- such status.’’. fender public registry,’’ and inserting court order.’’; and SEC. 810. DIVERSITY IMMIGRANT VISA PETITION ‘‘Website,’’; and (C) in subparagraph (C), by striking the pe- riod at the end and inserting ‘‘including eq- FEE. (B) in subparagraph (B)(ii), by striking ‘‘or (a) REQUIREMENT FOR FEE.—Section uitable remedies.’’; stalking.’’ and inserting ‘‘stalking, or an at- 204(a)(1)(I) of the Immigration and Nation- (5) by redesignating paragraphs (6) and (7) tempt to commit any such crime.’’; ality Act (8 U.S.C. 1154(a)(1)(I)) is amended as paragraphs (7) and (8), respectively; and (3) in paragraph (3)— by adding at the end the following: (6) by inserting after paragraph (5) the fol- (A) in subparagraph (A)— ‘‘(iv) Each petition filed under this sub- lowing: (i) in clause (i), by striking ‘‘Registry, or of paragraph shall include a petition fee in the ‘‘(6) ENFORCEMENT.— the relevant State sex offender public reg- amount of $30.’’. istry for any State not yet participating in ‘‘(A) AUTHORITY.—The Attorney General (b) DEPOSIT OF FEE.— the National Sex Offender Public Registry, shall be responsible for the enforcement of (1) IN GENERAL.—For purposes of fees col- in which the United States client has resided the provisions of this section, including the lected pursuant to clause (iv) of section during the previous 20 years,’’ and inserting prosecution of civil and criminal penalties 204(a)(1)(I) of the Immigration and Nation- ‘‘Website’’; and provided for by this section. ality Act (8 U.S.C. 1154(a)(1)(I)), as added by (ii) in clause (iii)(II), by striking ‘‘back- ‘‘(B) CONSULTATION.—The Attorney General subsection (a), a portion of such funds shall ground information collected by the inter- shall consult with the Director of the Office be transferred to and deposited in the Fed- national marriage broker under paragraph on Violence Against Women of the Depart- eral Old-Age and Survivors Trust Fund and (2)(B);’’ and inserting ‘‘signed certification ment of Justice to develop policies and pub- the Federal Disability Insurance Trust Fund and accompanying documentation or attes- lic education designed to promote enforce- established under section 201 of the Social tation regarding the background information ment of this section.’’. Security Act (42 U.S.C. 401) (referred to in collected under paragraph (2)(B);’’; and (d) GAO STUDY AND REPORT.—Section 833(f) this section as the ‘‘Trust Funds’’), at such (B) by striking subparagraph (C); of the International Marriage Broker Regu- times and in such manner as is determined (4) in paragraph (5)— lation Act of 2005 (8 U.S.C. 1375a(f)) is amend- appropriate by the Secretary of the Treas- (A) in subparagraph (A)(ii), by striking ‘‘A ed— ury, in such amounts as are equal to the in- penalty may be imposed under clause (i) by (1) in the subsection heading, by striking creases in disbursements from the Trust the Attorney General only’’ and inserting ‘‘STUDY AND REPORT.—’’ and inserting Funds by reason of the application of section ‘‘At the discretion of the Attorney General, ‘‘STUDIES AND REPORTS.—’’; and 805(a). a penalty may be imposed under clause (i) ei- (2) by adding at the end the following: (2) REMAINDER.—To the extent the total ther by a Federal judge, or by the Attorney ‘‘(4) CONTINUING IMPACT STUDY AND RE- amount collected pursuant to clause (iv) of General’’; PORT.— section 204(a)(1)(I) of the Immigration and (B) by amending subparagraph (B) to read ‘‘(A) STUDY.—The Comptroller General Nationality Act exceeds the total amount as follows: shall conduct a study on the continuing im- transferred to the Trust Funds pursuant to ‘‘(B) FEDERAL CRIMINAL PENALTIES.— pact of the implementation of this section paragraph (1), such excess amount shall not ‘‘(i) FAILURE OF INTERNATIONAL MARRIAGE and of section of 214 of the Immigration and be available for obligation and shall be de- BROKERS TO COMPLY WITH OBLIGATIONS.—Ex- Nationality Act (8 U.S.C. 1184) on the process posited, in its entirety, in the general fund of cept as provided in clause (ii), an inter- for granting K nonimmigrant visas, includ- the Treasury. national marriage broker that, in cir- ing specifically a study of the items de- (c) SUNSET OF FEES.—The fees collected cumstances in or affecting interstate or for- scribed in subparagraphs (A) through (E) of pursuant to clause (iv) of section 204(a)(1)(I) eign commerce, or within the special mari- paragraph (1). of the Immigration and Nationality Act (8

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2861 U.S.C. 1154(a)(1)(I)), as added by subsection (3) in paragraph (5), by striking ‘‘and stalk- tribal coalition shall not preclude the tribal (a), shall apply only to petitions filed before ing’’ and all that follows and inserting ‘‘sex- coalition from receiving additional grants December 31, 2015. ual assault, sex trafficking, and stalking;’’; under this title to carry out the purposes de- SEC. 811. BUDGETARY EFFECTS. (4) in paragraph (7)— scribed in paragraph (1). The budgetary effects of this Act, for the (A) by inserting ‘‘sex trafficking,’’ after ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.— purpose of complying with the Statutory ‘‘sexual assault,’’ each place it appears; and Nothing in this subsection prohibits any Pay-As-You-Go Act of 2010, shall be deter- (B) by striking ‘‘and’’ at the end; tribal coalition or organization described in mined by reference to the latest statement (5) in paragraph (8)— paragraph (2) from applying for funding to titled ‘‘Budgetary Effects of PAYGO Legisla- (A) by inserting ‘‘sex trafficking,’’ after address sexual assault or domestic violence tion’’ for this Act, submitted for printing in ‘‘stalking,’’; and needs in the same application.’’. the Congressional Record by the Chairman of (B) by striking the period at the end and SEC. 903. CONSULTATION. the Senate Budget Committee, provided that inserting a semicolon; and Section 903 of the Violence Against Women such statement has been submitted prior to (6) by adding at the end the following: and Department of Justice Reauthorization the vote on passage. ‘‘(9) provide services to address the needs Act of 2005 (42 U.S.C. 14045d) is amended— SEC. 812. DISCLOSURE OF INFORMATION FOR NA- of youth who are victims of domestic vio- (1) in subsection (a)— TIONAL SECURITY PURPOSES. lence, dating violence, sexual assault, sex (A) by striking ‘‘and the Violence Against (a) INFORMATION SHARING.—Section 384(b) trafficking, or stalking and the needs of Women Act of 2000’’ and inserting ‘‘, the Vio- of the Illegal Immigration Reform and Immi- youth and children exposed to domestic vio- lence Against Women Act of 2000’’; and grant Responsibility Act of 1996 (8 U.S.C. lence, dating violence, sexual assault, or (B) by inserting ‘‘, and the Violence 1367(b)) is amended— stalking, including support for the non- Against Women Reauthorization Act of 2011’’ (1) in paragraph (1)— abusing parent or the caretaker of the youth before the period at the end; (A) by inserting ‘‘Secretary of Homeland or child; and (2) in subsection (b)— Security or the’’ before ‘‘Attorney General ‘‘(10) develop and promote legislation and (A) in the matter preceding paragraph (1), may’’; and policies that enhance best practices for re- by striking ‘‘Secretary of the Department of (B) by inserting ‘‘Secretary’s or the’’ be- sponding to violent crimes against Indian Health and Human Services’’ and inserting fore ‘‘Attorney General’s discretion’’; women, including the crimes of domestic vi- ‘‘Secretary of Health and Human Services, (2) in paragraph (2)— olence, dating violence, sexual assault, sex the Secretary of the Interior,’’; and (A) by inserting ‘‘Secretary of Homeland trafficking, and stalking.’’. (B) in paragraph (2), by striking ‘‘and Security or the’’ before ‘‘Attorney General SEC. 902. GRANTS TO INDIAN TRIBAL COALI- stalking’’ and inserting ‘‘stalking, and sex may’’; TIONS. trafficking’’; and (B) by inserting ‘‘Secretary or the’’ before Section 2001 of title I of the Omnibus (3) by adding at the end the following: ‘‘Attorney General for’’; and Crime Control and Safe Streets Act of 1968 ‘‘(c) ANNUAL REPORT.—The Attorney Gen- (C) by inserting ‘‘in a manner that protects (42 U.S.C. 3796gg) is amended by striking sub- eral shall submit to Congress an annual re- the confidentiality of such information’’ section (d) and inserting the following: port on the annual consultations required after ‘‘law enforcement purpose’’; ‘‘(d) TRIBAL COALITION GRANTS.— under subsection (a) that— (3) in paragraph (5), by striking ‘‘Attorney ‘‘(1) PURPOSE.—The Attorney General shall ‘‘(1) contains the recommendations made General is’’ and inserting ‘‘Secretary of award a grant to tribal coalitions for pur- under subsection (b) by Indian tribes during Homeland Security and the Attorney Gen- poses of— the year covered by the report; eral are’’; and ‘‘(A) increasing awareness of domestic vio- ‘‘(2) describes actions taken during the (4) by adding at the end a new paragraph as lence and sexual assault against Indian year covered by the report to respond to rec- follows: women; ommendations made under subsection (b) ‘‘(8) Notwithstanding subsection (a)(2), the ‘‘(B) enhancing the response to violence during the year or a previous year; and Secretary of Homeland Security, the Sec- against Indian women at the Federal, State, ‘‘(3) describes how the Attorney General retary of State, or the Attorney General and tribal levels; will work in coordination and collaboration may provide in the discretion of either such ‘‘(C) identifying and providing technical with Indian tribes, the Secretary of Health Secretary or the Attorney General for the assistance to coalition membership and trib- and Human Services, and the Secretary of disclosure of information to national secu- al communities to enhance access to essen- the Interior to address the recommendations rity officials to be used solely for a national tial services to Indian women victimized by made under subsection (b). security purpose in a manner that protects domestic and sexual violence, including sex ‘‘(d) NOTICE.—Not later than 120 days be- the confidentiality of such information.’’. trafficking; and fore the date of a consultation under sub- (b) GUIDELINES.—Section 384(d) of the Ille- ‘‘(D) assisting Indian tribes in developing gal Immigration Reform and Immigrant Re- and promoting State, local, and tribal legis- section (a), the Attorney General shall no- sponsibility Act of 1996 (8 U.S.C. 1367(d)) is lation and policies that enhance best prac- tify tribal leaders of the date, time, and loca- amended— tices for responding to violent crimes tion of the consultation.’’. (1) by inserting ‘‘, Secretary of State,’’ against Indian women, including the crimes SEC. 904. TRIBAL JURISDICTION OVER CRIMES after ‘‘The Attorney General’’; of domestic violence, dating violence, sexual OF DOMESTIC VIOLENCE. (2) by inserting ‘‘, Department of State,’’ assault, sex trafficking, and stalking. Title II of Public Law 90–284 (25 U.S.C. 1301 after ‘‘Department of Justice’’; and ‘‘(2) GRANTS.—The Attorney General shall et seq.) (commonly known as the ‘‘Indian (3) by inserting ‘‘and severe forms of traf- award grants on an annual basis under para- Civil Rights Act of 1968’’) is amended by add- ficking in persons or criminal activity listed graph (1) to— ing at the end the following: in section 101(a)(15)(U) of the Immigration ‘‘(A) each tribal coalition that— ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES and Nationality Act (8 U.S.C. 1101(a)(15)(u))’’ ‘‘(i) meets the criteria of a tribal coalition OF DOMESTIC VIOLENCE. after ‘‘domestic violence’’. under section 40002(a) of the Violence ‘‘(a) DEFINITIONS.—In this section: (c) IMPLEMENTATION.—Not later than 180 Against Women Act of 1994 (42 U.S.C. ‘‘(1) DATING VIOLENCE.—The term ‘dating days after the date of the enactment of this 13925(a)); violence’ means violence committed by a Act, the Attorney General, the Secretary of ‘‘(ii) is recognized by the Office on Vio- person who is or has been in a social rela- State, and Secretary of Homeland Security lence Against Women; and tionship of a romantic or intimate nature shall provide the guidance required by sec- ‘‘(iii) provides services to Indian tribes; with the victim, as determined by the length tion 384(d) of the Illegal Immigration Reform and of the relationship, the type of relationship, and Immigrant Responsibility Act of 1996 (8 ‘‘(B) organizations that propose to incor- and the frequency of interaction between the U.S.C. 1367(d)), consistent with the amend- porate and operate a tribal coalition in areas persons involved in the relationship. ments made by subsections (a) and (b). where Indian tribes are located but no tribal ‘‘(2) DOMESTIC VIOLENCE.—The term ‘do- (d) CLERICAL AMENDMENT.—Section coalition exists. mestic violence’ means violence committed 384(a)(1) of the Illegal Immigration Reform ‘‘(3) USE OF AMOUNTS.—For each of fiscal by a current or former spouse or intimate and Immigrant Responsibility Act of 1986 is years 2012 through 2016, of the amounts ap- partner of the victim, by a person with amended by striking ‘‘241(a)(2)’’ in the mat- propriated to carry out this subsection— whom the victim shares a child in common, ter following subparagraph (F) and inserting ‘‘(A) not more than 10 percent shall be by a person who is cohabitating with or has ‘‘237(a)(2)’’. made available to organizations described in cohabitated with the victim as a spouse or TITLE IX—SAFETY FOR INDIAN WOMEN paragraph (2)(B), provided that 1 or more or- intimate partner, or by a person similarly SEC. 901. GRANTS TO INDIAN TRIBAL GOVERN- ganizations determined by the Attorney situated to a spouse of the victim under the MENTS. General to be qualified apply; domestic- or family- violence laws of an In- Section 2015(a) of title I of the Omnibus ‘‘(B) not less than 90 percent shall be made dian tribe that has jurisdiction over the In- Crime Control and Safe Streets Act of 1968 available to tribal coalitions described in dian country where the violence occurs. (42 U.S.C. 3796gg–10(a)) is amended— paragraph (2)(A), which amounts shall be dis- ‘‘(3) INDIAN COUNTRY.—The term ‘Indian (1) in paragraph (2), by inserting ‘‘sex traf- tributed equally among each eligible tribal country’ has the meaning given the term in ficking,’’ after ‘‘sexual assault,’’; coalition for the applicable fiscal year section 1151 of title 18, United States Code. (2) in paragraph (4), by inserting ‘‘sex traf- ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re- ‘‘(4) PARTICIPATING TRIBE.—The term ‘par- ficking,’’ after ‘‘sexual assault,’’; ceipt of an award under this subsection by a ticipating tribe’ means an Indian tribe that

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2862 CONGRESSIONAL RECORD — SENATE April 26, 2012 elects to exercise special domestic violence criminal conduct that falls into one or more ‘‘(H) criminal codes and rules of criminal criminal jurisdiction over the Indian country of the following categories: procedure, appellate procedure, and evi- of that Indian tribe. ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- dence; ‘‘(5) PROTECTION ORDER.—The term ‘protec- LENCE.—An act of domestic violence or dat- ‘‘(2) to provide indigent criminal defend- tion order’— ing violence that occurs in the Indian coun- ants with the effective assistance of licensed ‘‘(A) means any injunction, restraining try of the participating tribe. defense counsel, at no cost to the defendant, order, or other order issued by a civil or ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— in criminal proceedings in which a partici- criminal court for the purpose of preventing An act that— pating tribe prosecutes a crime of domestic violent or threatening acts or harassment ‘‘(A) occurs in the Indian country of the violence or dating violence or a criminal vio- against, sexual violence against, contact or participating tribe; and lation of a protection order; communication with, or physical proximity ‘‘(B) violates the portion of a protection ‘‘(3) to ensure that, in criminal proceedings to, another person; and order that— in which a participating tribe exercises spe- ‘‘(B) includes any temporary or final order ‘‘(i) prohibits or provides protection cial domestic violence criminal jurisdiction, issued by a civil or criminal court, whether against violent or threatening acts or har- jurors are summoned, selected, and in- obtained by filing an independent action or assment against, sexual violence against, structed in a manner consistent with all ap- as a pendent lite order in another pro- contact or communication with, or physical plicable requirements; and ceeding, if the civil or criminal order was proximity to, another person; ‘‘(4) to accord victims of domestic violence, issued in response to a complaint, petition, ‘‘(ii) was issued against the defendant; dating violence, and violations of protection or motion filed by or on behalf of a person ‘‘(iii) is enforceable by the participating orders rights that are similar to the rights of seeking protection. tribe; and a crime victim described in section 3771(a) of ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL ‘‘(iv) is consistent with section 2265(b) of title 18, United States Code, consistent with JURISDICTION.—The term ‘special domestic title 18, United States Code. tribal law and custom. violence criminal jurisdiction’ means the ‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal ‘‘(g) SUPPLEMENT, NOT SUPPLANT.— criminal jurisdiction that a participating proceeding in which a participating tribe ex- Amounts made available under this section tribe may exercise under this section but ercises special domestic violence criminal shall supplement and not supplant any other could not otherwise exercise. jurisdiction, the participating tribe shall Federal, State, tribal, or local government ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The provide to the defendant— amounts made available to carry out activi- term ‘spouse or intimate partner’ has the ‘‘(1) all applicable rights under this Act; ties described in this section. meaning given the term in section 2266 of ‘‘(2) if a term of imprisonment of any ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— title 18, United States Code. length may be imposed, all rights described There are authorized to be appropriated ‘‘(b) NATURE OF THE CRIMINAL JURISDIC- in section 202(c); $5,000,000 for each of fiscal years 2012 through TION.— ‘‘(3) the right to a trial by an impartial 2016 to carry out subsection (f) and to pro- ‘‘(1) IN GENERAL.—Notwithstanding any jury that is drawn from sources that— vide training, technical assistance, data col- other provision of law, in addition to all ‘‘(A) reflect a fair cross section of the com- lection, and evaluation of the criminal jus- powers of self-government recognized and af- munity; and tice systems of participating tribes.’’. firmed by sections 201 and 203, the powers of ‘‘(B) do not systematically exclude any dis- SEC. 905. TRIBAL PROTECTION ORDERS. self-government of a participating tribe in- tinctive group in the community, including (a) IN GENERAL.—Section 2265 of title 18, clude the inherent power of that tribe, which non-Indians; and United States Code, is amended by striking is hereby recognized and affirmed, to exer- ‘‘(4) all other rights whose protection is subsection (e) and inserting the following: cise special domestic violence criminal juris- necessary under the Constitution of the ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- diction over all persons. United States in order for Congress to recog- poses of this section, a court of an Indian ‘‘(2) CONCURRENT JURISDICTION.—The exer- nize and affirm the inherent power of the tribe shall have full civil jurisdiction to cise of special domestic violence criminal ju- participating tribe to exercise special domes- issue and enforce protection orders involving risdiction by a participating tribe shall be tic violence criminal jurisdiction over the any person, including the authority to en- concurrent with the jurisdiction of the defendant. force any orders through civil contempt pro- United States, of a State, or of both. ‘‘(e) PETITIONS TO STAY DETENTION.— ceedings, to exclude violators from Indian ‘‘(3) APPLICABILITY.—Nothing in this sec- ‘‘(1) IN GENERAL.—A person who has filed a land, and to use other appropriate mecha- tion— petition for a writ of habeas corpus in a nisms, in matters arising anywhere in the ‘‘(A) creates or eliminates any Federal or court of the United States under section 203 Indian country of the Indian tribe (as defined State criminal jurisdiction over Indian coun- may petition that court to stay further de- in section 1151) or otherwise within the au- try; or tention of that person by the participating thority of the Indian tribe.’’. ‘‘(B) affects the authority of the United tribe. (b) APPLICABILITY.—Nothing in this Act, States or any State government that has ‘‘(2) GRANT OF STAY.—A court shall grant a including an amendment made by this Act, been delegated authority by the United stay described in paragraph (1) if the court— alters or modifies the jurisdiction or author- States to investigate and prosecute a crimi- ‘‘(A) finds that there is a substantial likeli- ity of an Indian tribe in the State of Alaska nal violation in Indian country. hood that the habeas corpus petition will be under section 2265(e) of title 18, United ‘‘(4) EXCEPTIONS.— granted; and States Code (as in effect on the day before ‘‘(A) VICTIM AND DEFENDANT ARE BOTH NON- ‘‘(B) after giving each alleged victim in the the date of enactment of this Act). INDIANS.— matter an opportunity to be heard, finds by SEC. 906. AMENDMENTS TO THE FEDERAL AS- ‘‘(i) IN GENERAL.—A participating tribe clear and convincing evidence that under SAULT STATUTE. may not exercise special domestic violence conditions imposed by the court, the peti- (a) IN GENERAL.—Section 113 of title 18, criminal jurisdiction over an alleged offense tioner is not likely to flee or pose a danger United States Code, is amended— if neither the defendant nor the alleged vic- to any person or the community if released. (1) in subsection (a)— tim is an Indian. ‘‘(3) NOTICE.—An Indian tribe that has or- (A) by striking paragraph (1) and inserting ‘‘(ii) DEFINITION OF VICTIM.—In this sub- dered the detention of any person has a duty the following: paragraph and with respect to a criminal to timely notify such person of his rights ‘‘(1) Assault with intent to commit murder proceeding in which a participating tribe ex- and privileges under this subsection and or a violation of section 2241 or 2242, by a fine ercises special domestic violence criminal under section 203. under this title, imprisonment for not more jurisdiction based on a violation of a protec- ‘‘(f) GRANTS TO TRIBAL GOVERNMENTS.—The than 20 years, or both.’’; tion order, the term ‘victim’ means a person Attorney General may award grants to the (B) in paragraph (2), by striking ‘‘felony specifically protected by a protection order governments of Indian tribes (or to author- under chapter 109A’’ and inserting ‘‘violation that the defendant allegedly violated. ized designees of those governments)— of section 2241 or 2242’’; ‘‘(B) DEFENDANT LACKS TIES TO THE INDIAN ‘‘(1) to strengthen tribal criminal justice (C) in paragraph (3) by striking ‘‘and with- TRIBE.—A participating tribe may exercise systems to assist Indian tribes in exercising out just cause or excuse,’’; special domestic violence criminal jurisdic- special domestic violence criminal jurisdic- (D) in paragraph (4), by striking ‘‘six tion over a defendant only if the defendant— tion, including— months’’ and inserting ‘‘1 year’’; ‘‘(i) resides in the Indian country of the ‘‘(A) law enforcement (including the capac- (E) in paragraph (7)— participating tribe; ity of law enforcement or court personnel to (i) by striking ‘‘substantial bodily injury ‘‘(ii) is employed in the Indian country of enter information into and obtain informa- to an individual who has not attained the the participating tribe; or tion from national crime information data- age of 16 years’’ and inserting ‘‘substantial ‘‘(iii) is a spouse, intimate partner, or dat- bases); bodily injury to a spouse or intimate part- ing partner of— ‘‘(B) prosecution; ner, a dating partner, or an individual who ‘‘(I) a member of the participating tribe; or ‘‘(C) trial and appellate courts; has not attained the age of 16 years’’; and ‘‘(II) an Indian who resides in the Indian ‘‘(D) probation systems; (ii) by striking ‘‘fine’’ and inserting ‘‘a country of the participating tribe. ‘‘(E) detention and correctional facilities; fine’’; and ‘‘(c) CRIMINAL CONDUCT.—A participating ‘‘(F) alternative rehabilitation centers; (F) by adding at the end the following: tribe may exercise special domestic violence ‘‘(G) culturally appropriate services and ‘‘(8) Assault of a spouse, intimate partner, criminal jurisdiction over a defendant for assistance for victims and their families; and or dating partner by strangling, suffocating,

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or attempting to strangle or suffocate, by a (1) IN GENERAL.—Except as provided in ‘‘(ii) under the professional custodial, su- fine under this title, imprisonment for not paragraph (2), subsections (b) through (d) of pervisory, or disciplinary control or author- more than 10 years, or both.’’; and section 204 of Public Law 90–284 (as added by ity of the person engaging or attempting to (2) in subsection (b)— section 904) shall take effect on the date that engage in the sexual act; and (A) by striking ‘‘(b) As used in this sub- is 2 years after the date of enactment of this ‘‘(iii) at the time of the sexual act— section—’’ and inserting the following: Act. ‘‘(I) in the special maritime and territorial ‘‘(b) DEFINITIONS.—In this section—’’; (2) PILOT PROJECT.— jurisdiction of the United States; (B) in paragraph (1)(B), by striking ‘‘and’’ (A) IN GENERAL.—At any time during the 2- ‘‘(II) in a Federal prison, or in any prison, at the end; year period beginning on the date of enact- institution, or facility in which persons are (C) in paragraph (2), by striking the period ment of this Act, an Indian tribe may ask held in custody by direction of, or pursuant at the end and inserting a semicolon; and the Attorney General to designate the tribe to a contract or agreement with, the United (D) by adding at the end the following: as a participating tribe under section 204(a) States; or ‘‘(3) the terms ‘dating partner’ and ‘spouse of Public Law 90–284 on an accelerated basis. ‘‘(III) under supervision or other control by or intimate partner’ have the meanings (B) PROCEDURE.—The Attorney General the United States, or by direction of, or pur- given those terms in section 2266; may grant a request under subparagraph (A) suant to a contract or agreement with, the ‘‘(4) the term ‘strangling’ means inten- after coordinating with the Secretary of the United States. tionally, knowingly, or recklessly impeding Interior, consulting with affected Indian ‘‘(B) SEXUAL CONTACT.—It shall be unlawful the normal breathing or circulation of the tribes, and concluding that the criminal jus- for any person to knowingly engage in sexual blood of a person by applying pressure to the tice system of the requesting tribe has ade- contact with, or cause sexual contact by, an- throat or neck, regardless of whether that quate safeguards in place to protect defend- other person, if to do so would violate sub- conduct results in any visible injury or ants’ rights, consistent with section 204 of paragraph (A) had the sexual contact been a whether there is any intent to kill or Public Law 90–284. sexual act. protractedly injure the victim; and (C) EFFECTIVE DATES FOR PILOT PROJECTS.— ‘‘(2) PENALTIES.— ‘‘(5) the term ‘suffocating’ means inten- An Indian tribe designated as a participating ‘‘(A) IN GENERAL.—A person that violates tionally, knowingly, or recklessly impeding tribe under this paragraph may commence paragraph (1)(A) shall— the normal breathing of a person by covering exercising special domestic violence crimi- ‘‘(i) be fined under this title, imprisoned the mouth of the person, the nose of the per- nal jurisdiction pursuant to subsections (b) for not more than 15 years, or both; and son, or both, regardless of whether that con- through (d) of section 204 of Public Law 90– ‘‘(ii) if, in the course of committing the duct results in any visible injury or whether 284 on a date established by the Attorney violation of paragraph (1), the person en- there is any intent to kill or protractedly in- General, after consultation with that Indian gages in conduct that would constitute an jure the victim.’’. tribe, but in no event later than the date offense under section 2241 or 2242 if com- (b) INDIAN MAJOR CRIMES.—Section 1153(a) that is 2 years after the date of enactment of mitted in the special maritime and terri- of title 18, United States Code, is amended by this Act. torial jurisdiction of the United States, be striking ‘‘assault with intent to commit SEC. 909. INDIAN LAW AND ORDER COMMISSION; subject to the penalties provided for under murder, assault with a dangerous weapon, REPORT ON THE ALASKA RURAL section 2241 or 2242, respectively. assault resulting in serious bodily injury (as JUSTICE AND LAW ENFORCEMENT ‘‘(B) SEXUAL CONTACT.—A person that vio- defined in section 1365 of this title)’’ and in- COMMISSION. lates paragraph (1)(B) shall be fined under serting ‘‘a felony assault under section 113’’. (a) IN GENERAL.—Section 15(f) of the Indian this title, imprisoned for not more than 2 (c) REPEAT OFFENDERS.—Section Law Enforcement Reform Act (25 U.S.C. years, or both.’’. 2265A(b)(1)(B) of title 18, United States Code, 2812(f)) is amended by striking ‘‘2 years’’ and (b) PENALTIES FOR SEXUAL ABUSE.— is amended by inserting ‘‘or tribal’’ after inserting ‘‘3 years’’. (1) IN GENERAL.—Chapter 13 of title 18, (b) REPORT.—The Attorney General, in con- ‘‘State’’. United States Code, is amended by adding at sultation with the Attorney General of the the end the following: SEC. 907. ANALYSIS AND RESEARCH ON VIO- State of Alaska, the Commissioner of Public LENCE AGAINST INDIAN WOMEN. Safety of the State of Alaska, the Alaska ‘‘§ 250. Penalties for sexual abuse (a) IN GENERAL.—Section 904(a) of the Vio- Federation of Natives and Federally recog- ‘‘(a) OFFENSE.—It shall be unlawful for any lence Against Women and Department of nized Indian tribes in the State of Alaska, person, in the course of committing an of- Justice Reauthorization Act of 2005 (42 shall report to Congress not later than one fense under this chapter or under section 901 U.S.C. 3796gg–10 note) is amended— year after enactment of this Act with re- of the Fair Housing Act (42 U.S.C. 3631) to en- (1) in paragraph (1)— spect to whether the Alaska Rural Justice gage in conduct that would constitute an of- (A) by striking ‘‘The National’’ and insert- and Law Enforcement Commission estab- fense under chapter 109A if committed in the ing ‘‘Not later than 2 years after the date of lished under Section 112(a)(1) of the Consoli- special maritime and territorial jurisdiction enactment of the Violence Against Women dated Appropriations Act, 2004 should be con- of the United States. Reauthorization Act of 2011, the National’’; tinued and appropriations authorized for the ‘‘(b) PENALTIES.—A person that violates and continued work of the commission. The re- subsection (a) shall be subject to the pen- (B) by inserting ‘‘and in Native villages (as port may contain recommendations for legis- alties under the provision of chapter 109A defined in section 3 of the Alaska Native lation with respect to the scope of work and that would have been violated if the conduct Claims Settlement Act (43 U.S.C. 1602))’’ be- composition of the commission. was committed in the special maritime and territorial jurisdiction of the United States, fore the period at the end; SEC. 910. LIMITATION. unless a greater penalty is otherwise author- (2) in paragraph (2)(A)— Nothing in this Act or any amendment ized by law.’’. (A) in clause (iv), by striking ‘‘and’’ at the made by this Act limits, alters, expands, or (2) TECHNICAL AND CONFORMING AMEND- end; diminishes the civil or criminal jurisdiction MENT.—The table of sections for chapter 13 of (B) in clause (v), by striking the period at of the State of Alaska, any subdivision of the title 18, United States Code, is amended by the end and inserting ‘‘; and’’; and State of Alaska, or any Indian tribe in the adding at the end the following: (C) by adding at the end the following: State of Alaska. ‘‘250. Penalties for sexual abuse.’’. ‘‘(vi) sex trafficking.’’; TITLE X—OTHER MATTERS (3) in paragraph (4), by striking ‘‘this Act’’ SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SET- SEC. 1001. CRIMINAL PROVISIONS RELATING TO TINGS. and inserting ‘‘the Violence Against Women SEXUAL ABUSE. Reauthorization Act of 2011’’; and (a) SUITS BY PRISONERS.—Section 7(e) of (a) SEXUAL ABUSE OF A MINOR OR WARD.— the Civil Rights of Institutionalized Persons (4) in paragraph (5), by striking ‘‘this sec- Section 2243(b) of title 18, United States tion $1,000,000 for each of fiscal years 2007 and Act (42 U.S.C. 1997e(e)) is amended by insert- Code, is amended to read as follows: ing before the period at the end the fol- 2008’’ and inserting ‘‘this subsection $1,000,000 ‘‘(b) OFAWARD.— for each of fiscal years 2012 and 2013’’. lowing: ‘‘or the commission of a sexual act ‘‘(1) OFFENSES.— (as defined in section 2246 of title 18, United (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—It shall be unlawful for Section 905(b)(2) of the Violence Against States Code)’’. any person to knowingly engage, or know- (b) UNITED STATES AS DEFENDANT.—Section Women and Department of Justice Reauthor- ingly attempt to engage, in a sexual act with 1346(b)(2) of title 28, United States Code, is ization Act of 2005 (28 U.S.C. 534 note) is another person who is— amended by inserting before the period at amended by striking ‘‘fiscal years 2007 ‘‘(i) in official detention or under official the end the following: ‘‘or the commission of through 2011’’ and inserting ‘‘fiscal years 2012 supervision or other official control of, the a sexual act (as defined in section 2246 of through 2016’’. United States— title 18)’’. SEC. 908. EFFECTIVE DATES; PILOT PROJECT. ‘‘(I) during or after arrest; (c) ADOPTION AND EFFECT OF NATIONAL (a) GENERAL EFFECTIVE DATE.—Except as ‘‘(II) after release pretrial; STANDARDS.—Section 8 of the Prison Rape provided in section 4 and subsection (b) of ‘‘(III) while on bail, probation, supervised Elimination Act of 2003 (42 U.S.C. 15607) is this section, the amendments made by this release, or parole; amended— title shall take effect on the date of enact- ‘‘(IV) after release following a finding of (1) by redesignating subsection (c) as sub- ment of this Act. juvenile delinquency; or section (e); and (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC- ‘‘(V) after release pending any further judi- (2) by inserting after subsection (b) the fol- VIOLENCE CRIMINAL JURISDICTION.— cial proceedings; lowing:

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‘‘(c) APPLICABILITY TO DETENTION FACILI- (3) in subparagraph (E), by striking ‘‘har- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— TIES OPERATED BY THE DEPARTMENT OF HOME- ass any person at the called number or who There are authorized to be appropriated to LAND SECURITY.— receives the communication’’ and inserting the Attorney General for grants under this ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘harass any specific person’’. section $151,000,000 for each of fiscal years after the date of enactment of the Violence SEC. 1004. STALKER DATABASE. 2013 through 2017.’’; and Against Women Reauthorization Act of 2011, Section 40603 of the Violence Against (4) by adding at the end the following: the Secretary of Homeland Security shall Women Act of 1994 (42 U.S.C. 14032) is amend- ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL publish a final rule adopting national stand- ed by striking ‘‘$3,000,000’’ and all that fol- ASSAULT EVIDENCE BACKLOGS.— ards for the detection, prevention, reduction, lows and inserting ‘‘$3,000,000 for fiscal years ‘‘(1) ELIGIBILITY.—The Attorney General and punishment of rape and sexual assault in 2012 through 2016.’’. may award a grant under this section to a facilities that maintain custody of aliens de- SEC. 1005. FEDERAL VICTIM ASSISTANTS REAU- State or unit of local government for the tained for a violation of the immigrations THORIZATION. purpose described in subsection (a)(6) only if laws of the United States. Section 40114 of the Violence Against the State or unit of local government— ‘‘(2) APPLICABILITY.—The standards adopt- Women Act of 1994 (Public Law 103–322; 108 ‘‘(A) submits a plan for performing the ed under paragraph (1) shall apply to deten- Stat. 1910) is amended by striking ‘‘fiscal audit of samples described in such sub- tion facilities operated by the Department of years 2007 through 2011’’ and inserting ‘‘fiscal section; and Homeland Security and to detention facili- years 2012 through 2016’’. ‘‘(B) includes in such plan a good-faith es- ties operated under contract with the De- SEC. 1006. CHILD ABUSE TRAINING PROGRAMS timate of the number of such samples. partment. FOR JUDICIAL PERSONNEL AND ‘‘(2) GRANT CONDITIONS.—A State or unit of ‘‘(3) COMPLIANCE.—The Secretary of Home- PRACTITIONERS REAUTHORIZA- local government receiving a grant for the land Security shall— TION. purpose described in subsection (a)(6) shall, ‘‘(A) assess compliance with the standards Subtitle C of the Victims of Child Abuse not later than 1 year after receiving such adopted under paragraph (1) on a regular Act of 1990 (42 U.S.C. 13024) is amended in grant, complete the audit described in para- basis; and subsection (a) by striking ‘‘$2,300,000’’ and all graph (1)(A) in accordance with the plan sub- ‘‘(B) include the results of the assessments that follows and inserting ‘‘$2,300,000 for each mitted under such paragraph. in performance evaluations of facilities com- of fiscal years 2012 through 2016.’’. ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The pleted by the Department of Homeland Secu- SEC. 1007. MANDATORY MINIMUM SENTENCE. Attorney General may grant an extension of rity. Section 2241(a) of title 18, United States the deadline under paragraph (2)(A) to a ‘‘(4) CONSIDERATIONS.—In adopting stand- Code, is amended in the undesignated matter State or unit of local government that dem- ards under paragraph (1), the Secretary of following paragraph (2), by striking ‘‘any onstrates that more time is required for Homeland Security shall give due consider- term of years or life’’ and inserting ‘‘not less compliance with such paragraph. ation to the recommended national stand- than 5 years or imprisoned for life’’. ‘‘(4) DEFINITIONS.—In this subsection: ards provided by the Commission under sec- SEC. 1008. REMOVAL OF DRUNK DRIVERS. ‘‘(A) AWAITING TESTING.—The term ‘await- tion 7(e). (a) IN GENERAL.—Section 101(a)(43)(F) of ing testing’ means, with respect to a sample ‘‘(5) DEFINITION.—As used in this section, the Immigration and Nationality Act (8 of sexual assault evidence, that— the term ‘detention facilities operated under U.S.C. 1101(a)(43)(F)) is amended by striking ‘‘(i) the sample has been collected and is in contract with the Department’ includes, but ‘‘for which the term of imprisonment’’ and the possession of a State or unit of local gov- is not limited to contract detention facilities inserting ‘‘, including a third drunk driving ernment; and detention facilities operated through an conviction, regardless of the States in which ‘‘(ii) DNA and other appropriate forensic intergovernmental service agreement with the convictions occurred or whether the of- analyses have not been performed on such the Department of Homeland Security. fenses are classified as misdemeanors or felo- sample; and ‘‘(d) APPLICABILITY TO CUSTODIAL FACILI- nies under State or Federal law, for which ‘‘(iii) the sample is related to a criminal TIES OPERATED BY THE DEPARTMENT OF the term of imprisonment is’’. case or investigation in which final disposi- HEALTH AND HUMAN SERVICES.— (b) EFFECTIVE DATE.—The amendment tion has not yet been reached. ‘‘(1) IN GENERAL.—Not later than 180 days made by subsection (a) shall— ‘‘(B) POSSESSION.— after the date of enactment of the Violence (1) take effect on the date of the enactment ‘‘(i) IN GENERAL.—The term ‘possession’, Against Women Reauthorization Act of 2011, of this Act; and used with respect to possession of a sample the Secretary of Health and Human Services of sexual assault evidence by a State or unit shall publish a final rule adopting national SA 2094. Ms. KLOBUCHAR submitted of local government, includes possession by standards for the detection, prevention, re- an amendment intended to be proposed an individual who is acting as an agent of duction, and punishment of rape and sexual the State or unit of local government for the assault in facilities that maintain custody of to amendment SA 2093 proposed by Mr. collection of the sample. unaccompanied alien children (as defined in REID (for Mr. LEAHY) to the bill S. 1925, ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in section 462(g) of the Homeland Security Act to reauthorize the Violence Against clause (i) shall be construed to create or of 2002 (6 U.S.C. 279(g))). Women Act of 1994; as follows: amend any Federal rights or privileges for ‘‘(2) APPLICABILITY.—The standards adopt- At the appropriate place, insert the fol- non-governmental vendor laboratories de- ed under paragraph (1) shall apply to facili- lowing: scribed in regulations promulgated under ties operated by the Department of Health SEC. ll. DEBBIE SMITH GRANTS FOR AUDITING section 210303 of the DNA Identification Act and Human Services and to facilities oper- SEXUAL ASSAULT EVIDENCE BACK- of 1994 (42 U.S.C. 14131). ated under contract with the Department. LOGS. ‘‘(o) DEVELOPMENT OF PROTOCOLS AND ‘‘(3) COMPLIANCE.—The Secretary of Health Section 2 of the DNA Analysis Backlog PRACTICES.— and Human Services shall— Elimination Act of 2000 (42 U.S.C. 14135) is ‘‘(1) PROTOCOLS AND PRACTICES.—Not later ‘‘(A) assess compliance with the standards amended— than 18 months after the date of enactment adopted under paragraph (1) on a regular (1) in subsection (a), by adding at the end of the Violence Against Women Reauthoriza- basis; and the following: tion Act of 2011 the Director of the National ‘‘(B) include the results of the assessments ‘‘(6) To conduct an audit consistent with Institute of Justice, in consultation with in performance evaluations of facilities com- subsection (n) of the samples of sexual as- Federal, State, and local government labora- pleted by the Department of Health and sault evidence that are in the possession of tories and law enforcement agencies, shall Human Services. the State or unit of local government and develop and publish a description of proto- ‘‘(4) CONSIDERATIONS.—In adopting stand- are awaiting testing. cols and practices the Director considers ap- ards under paragraph (1), the Secretary of ‘‘(7) To ensure that the collection and proc- propriate for the accurate, timely, and effec- Health and Human Services shall give due essing of DNA evidence from crimes, includ- tive collection and processing of DNA evi- consideration to the recommended national ing sexual assault and other serious violent dence, including protocols and practices spe- standards provided by the Commission under crimes, is carried out in an appropriate and cific to sexual assault cases, which shall ad- section 7(e).’’. timely manner. dress appropriate steps in the investigation SEC. 1003. ANONYMOUS ONLINE HARASSMENT. ‘‘(8) To ensure effective communication of cases that might involve DNA evidence. Section 223(a)(1) of the Communications among emergency response providers, law ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— Act of 1934 (47 U.S.C. 223(a)(1)) is amended— enforcement personnel, prosecutors, courts, The Director shall make available technical (1) in subparagraph (A), in the undesig- defense counsel, crime laboratory personnel, assistance and training to support States nated matter following clause (ii), by strik- and crime victims regarding the status of and units of local government in adopting ing ‘‘annoy,’’; crime scene evidence to be tested.’’; and implementing the protocols and prac- (2) in subparagraph (C)— (2) in subsection (c)(3)(B)— tices developed under paragraph (1) on and (A) by striking ‘‘annoy,’’; and (A) by striking ‘‘2014’’ and inserting ‘‘2017’’; after the date on which the protocols and (B) by striking ‘‘harass any person at the and practices are published. called number or who receives the commu- (B) by striking ‘‘40’’ and inserting ‘‘70’’; ‘‘(3) DEFINITION OF BACKLOG FOR DNA CASE nication’’ and inserting ‘‘harass any specific (3) by striking subsection (j) and inserting WORK.—The Director shall develop and pub- person’’; and the following: lish a definition of the term ‘backlog for

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.114 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2865 DNA case work’ for purposes of this sec- TITLE IV—VIOLENCE REDUCTION Sec. 1011. Audit of Office for Victims of tion— PRACTICES Crime. ‘‘(A) taking into consideration the dif- Sec. 401. Study conducted by the centers for TITLE XI—THE SAFER ACT ferent stages at which a backlog may de- disease control and prevention. Sec. 1101. Short title. velop, including the investigation and pros- Sec. 402. Saving money and reducing trage- Sec. 1102. Debbie Smith grants for auditing ecution of a crime by law enforcement per- dies through prevention grants. sexual assault evidence back- sonnel, prosecutors, and others, and the lab- TITLE V—STRENGTHENING THE logs. oratory analysis of crime scene samples; and HEALTHCARE SYSTEM’S RESPONSE TO Sec. 1103. Sexual Assault Forensic Evidence ‘‘(B) which may include different criteria DOMESTIC VIOLENCE, DATING VIO- Registry. or thresholds for the different stages.’’. Sec. 1104. Reports to Congress. LENCE, SEXUAL ASSAULT, AND SA 2095. Mrs. HUTCHISON (for her- STALKING SEC. 3. UNIVERSAL DEFINITIONS AND GRANT self, Mr. GRASSLEY, Mr. MCCONNELL, CONDITIONS. Sec. 501. Consolidation of grants to (a) DEFINITIONS.—Subsection (a) of section Mr. CORNYN, Mr. KYL, Mr. ALEXANDER, strengthen the healthcare sys- 40002 of the Violence Against Women Act of Mr. MORAN, Mr. CORKER, and Mr. tem’s response to domestic vio- 1994 (42 U.S.C. 13925(a)) is amended— JOHANNS) proposed an amendment to lence, dating violence, sexual (1) by redesignating— amendment SA 2093 proposed by Mr. assault, and stalking. (A) paragraph (1) as paragraph (2); REID (for Mr. LEAHY) to the bill S. 1925, TITLE VI—SAFE HOMES FOR VICTIMS OF (B) paragraph (2) as paragraph (4); to reauthorize the Violence Against DOMESTIC VIOLENCE, DATING VIO- (C) paragraphs (3) through (5) as para- Women Act of 1994; as follows: LENCE, SEXUAL ASSAULT, AND graphs (5) through (7), respectively; (D) paragraphs (6) through (9) as para- Strike all after the enacting clause and in- STALKING graphs (8) through (11), respectively; sert the following: Sec. 601. Housing protections for victims of (E) paragraphs (10) through (16) as para- domestic violence, dating vio- SECTION 1. SHORT TITLE. graphs (14) through (20), respectively; lence, sexual assault, and stalk- This Act may be cited as the ‘‘Violence (F) paragraph (18) as paragraph (23); ing. Against Women Reauthorization Act of (G) paragraphs (19) and (20) as paragraphs Sec. 602. Transitional housing assistance 2012’’. (25) and (26), respectively; grants for victims of domestic SEC. 2. TABLE OF CONTENTS. (H) paragraphs (21) and (22) as paragraphs The table of contents for this Act is as fol- violence, dating violence, sex- (28) and (29), respectively; lows: ual assault, and stalking. (I) paragraphs (23) through (33) as para- Sec. 603. Addressing the housing needs of Sec. 1. Short title. graphs (31) through (41), respectively; victims of domestic violence, Sec. 2. Table of contents. (J) paragraphs (34) and (35) as paragraphs Sec. 3. Universal definitions and grant con- dating violence, sexual assault, (43) and (44); and ditions. and stalking. (K) paragraph (37) as paragraph (47); TITLE I—ENHANCING JUDICIAL AND LAW TITLE VII—ECONOMIC SECURITY FOR (2) by inserting before paragraph (2), as re- ENFORCEMENT TOOLS TO COMBAT VI- VICTIMS OF VIOLENCE designated, the following: OLENCE AGAINST VICTIMS Sec. 701. National Resource Center on Work- ‘‘(1) ALASKA NATIVE VILLAGE.—The term ‘Alaska Native village’ has the same mean- Sec. 101. Stop grants. place Responses to assist vic- ing given such term in the Alaska Native Sec. 102. Grants to encourage accountability tims of domestic and sexual vi- Claims Settlement Act (43 U.S.C. 1601 et policies and enforcement of pro- olence. seq.).’’; tection orders. TITLE VIII—IMMIGRATION PROVISIONS (3) by inserting after paragraph (2), as re- Sec. 103. Legal assistance for victims. Sec. 801. Application of special rule for bat- designated, the following: Sec. 104. Consolidation of grants to support tered spouse or child. families in the justice system. ‘‘(2) CHILD.—The term ‘child’ means a per- Sec. 802. Clarification of the requirements son who is under 11 years of age.’’; Sec. 105. Sex offender management. applicable to U visas. Sec. 106. Court-appointed special advocate (4) in paragraph (4), as redesignated, by Sec. 803. Protections for a fiance´e or fiance´ striking ‘‘serious harm.’’ and inserting ‘‘seri- program. of a citizen. Sec. 107. Criminal provision relating to ous harm to unemancipated minor.’’; Sec. 804. Regulation of international mar- stalking, including (5) in paragraph (5), as redesignated, by riage brokers. cyberstalking. striking ‘‘The term’’ through ‘‘that—’’ and Sec. 805. GAO report. Sec. 108. Outreach and services to under- inserting ‘‘The term ‘community-based orga- Sec. 806. Disclosure of information for na- served populations grant. nization’ means a nonprofit, nongovern- tional security purposes. Sec. 109. Culturally specific services grant. mental, or tribal organization that serves a Sec. 110. Reauthorization of child abuse TITLE IX—SAFETY FOR INDIAN WOMEN specific geographic community that—’’; training programs for judicial Sec. 901. Grants to Indian tribal govern- (6) by inserting after paragraph (7), as re- personnel and practitioners. ments. designated, the following: Sec. 111. Offset of restitution and other Sec. 902. Grants to Indian tribal coalitions. ‘‘(8) CULTURALLY SPECIFIC SERVICES.—The State judicial debts against in- Sec. 903. Consultation. term ‘culturally specific services’ means community-based services that offer cul- come tax refund. Sec. 904. Amendments to the Federal assault turally relevant and linguistically specific TITLE II—IMPROVING SERVICES FOR statute. services and resources to culturally specific Sec. 905. Analysis and research on violence VICTIMS OF DOMESTIC VIOLENCE, communities. DATING VIOLENCE, SEXUAL ASSAULT, against Indian women. ‘‘(9) CULTURALLY SPECIFIC.—The term ‘cul- Sec. 906. Effective date. AND STALKING turally specific’ means primarily directed to- Sec. 907. Tribal protection orders. Sec. 201. Sexual assault services program. ward racial and ethnic minority groups (as Sec. 908. Alaska Rural Justice and Law En- Sec. 202. Rural domestic violence, dating vi- defined in section 1707(g) of the Public forcement Commission. olence, sexual assault, stalking, Health Service Act (42 U.S.C. 300–u–6(g)).’’; and child abuse enforcement as- TITLE X—VIOLENT CRIME AGAINST (7) in paragraph (10), as redesignated, by sistance. WOMEN inserting ‘‘or intimate partner’’ after Sec. 203. Training and services to end vio- Sec. 1001. Criminal provisions relating to ‘‘former spouse’’ and ‘‘as a spouse’’; lence against women with dis- sexual abuse. (8) by inserting after paragraph (13), as re- abilities grants. Sec. 1002. Sexual abuse in custodial settings. designated, the following: Sec. 204. Grant for training and services to Sec. 1003. Report on compliance with the ‘‘(14) HOMELESS.—The term ‘homeless’ has end violence against women in DNA Fingerprint Act of 2005. the meaning provided in 42 U.S.C. 14043e– later life. Sec. 1004. Reducing the rape kit backlog. 2(6).’’; TITLE III—SERVICES, PROTECTION, AND Sec. 1005. Report on capacity utilization. (9) in paragraph (18), as redesignated, by JUSTICE FOR YOUNG VICTIMS OF VIO- Sec. 1006. Mandatory minimum sentence for inserting ‘‘or Village Public Safety Officers’’ LENCE aggravated sexual abuse. after ‘‘government victim service pro- Sec. 301. Rape prevention education grant. Sec. 1007. Removal of drunk drivers. grams’’; Sec. 302. Creating hope through outreach, Sec. 1008. Enhanced penalties for interstate (10) in paragraph (21), as redesignated, by options, services, and education domestic violence resulting in inserting at the end the following: for children and youth. death, life-threatening bodily ‘‘Intake or referral, by itself, does not con- Sec. 303. Grants to combat violent crimes on injury, permanent disfigure- stitute legal assistance.’’; campuses. ment, and serious bodily injury. (11) by striking paragraph (17), as in effect Sec. 304. Campus sexual violence, domestic Sec. 1009. Finding Fugitive Sex Offenders before the amendments made by this sub- violence, dating violence, and Act. section; stalking education and preven- Sec. 1010. Minimum penalties for the posses- (12) by amending paragraph (22), as redesig- tion. sion of child pornography. nated, to read as follows:

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‘‘(22) PERSONALLY IDENTIFYING INFORMATION including when the victim lacks capacity to If a minor or a person with a legally ap- OR PERSONAL INFORMATION.—The term ‘per- consent.’’; pointed guardian is permitted by law to re- sonally identifying information’ or ‘personal (21) by amending paragraph (41), as redesig- ceive services without the parent’s or guard- information’ means individually identifying nated, to read as follows: ian’s consent, the minor or person with a information for or about an individual in- ‘‘(41) UNDERSERVED POPULATIONS.—The guardian may release information without cluding information likely to disclose the lo- term ‘underserved populations’ means popu- additional consent.’’; cation of a victim of domestic violence, dat- lations who face barriers in accessing and (B) by amending subparagraph (D), to read ing violence, sexual assault, or stalking, re- using victim services, and includes popu- as follows: gardless of whether the information is en- lations underserved because of geographic lo- ‘‘(D) INFORMATION SHARING.— coded, encrypted, hashed, or otherwise pro- cation, underserved racial and ethnic popu- ‘‘(i) Grantees and subgrantees may share— tected, including— lations, populations underserved because of ‘‘(I) nonpersonally identifying data in the ‘‘(A) a first and last name; special needs (such as language barriers, dis- aggregate regarding services to their clients ‘‘(B) a home or other physical address; abilities, alienage status, or age), and any and nonpersonally identifying demographic ‘‘(C) contact information (including a post- other population determined to be under- information in order to comply with Federal, al, e-mail or Internet protocol address, or served by the Attorney General or by the State, tribal, or territorial reporting, evalua- telephone or facsimile number); Secretary of Health and Human Services, as tion, or data collection requirements; ‘‘(D) a social security number, driver li- appropriate.’’; ‘‘(II) court-generated information and law cense number, passport number, or student (22) by inserting after paragraph (41), as re- enforcement-generated information con- tained in secure, governmental registries for identification number; and designated, the following: protection order enforcement purposes; and ‘‘(E) any other information, including date ‘‘(42) UNIT OF LOCAL GOVERNMENT.—The ‘‘(III) law enforcement-generated and pros- of birth, racial or ethnic background, or reli- term ‘unit of local government’ means any ecution-generated information necessary for gious affiliation, that would serve to identify city, county, township, town, borough, par- law enforcement, intelligence, national secu- any individual.’’; ish, village, or other general purpose polit- rity, or prosecution purposes. (13) by inserting after paragraph (22), as re- ical subdivision of a State.’’; ‘‘(ii) In no circumstances may— designated, the following: (23) by striking paragraph (36), as in effect before the amendments made by this sub- ‘‘(I) an adult, youth, or child victim of do- ‘‘(23) POPULATION SPECIFIC ORGANIZATION.— mestic violence, dating violence, sexual as- The term ‘population specific organization’ section, and inserting the following: ‘‘(45) VICTIM SERVICES OR SERVICES.—The sault, or stalking be required to provide a means a nonprofit, nongovernmental organi- consent to release his or her personally iden- zation that primarily serves members of a terms ‘victim services’ and ‘services’ mean services provided to victims of domestic vio- tifying information as a condition of eligi- specific underserved population and has dem- bility for the services provided by the grant- onstrated experience and expertise providing lence, dating violence, sexual assault, or stalking, including telephonic or web-based ee or subgrantee; targeted services to members of that specific ‘‘(II) any personally identifying informa- underserved population. hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accom- tion be shared in order to comply with Fed- ‘‘(24) POPULATION SPECIFIC SERVICES.—The eral, tribal, or State reporting, evaluation, term ‘population specific services’ means paniment and advocacy through medical, civil or criminal justice, immigration, and or data collection requirements, whether for victim-centered services that address the this program or any other Federal, tribal, or social support systems, crisis intervention, safety, health, economic, legal, housing, State grant program.’’; short-term individual and group support workplace, immigration, confidentiality, or (C) by redesignating subparagraph (E) as services, information and referrals, cul- other needs of victims of domestic violence, subparagraph (F); turally specific services, population specific dating violence, sexual assault, or stalking, (D) by inserting after subparagraph (D) the services, and other related supportive serv- and that are designed primarily for and are following: ices. targeted to a specific underserved popu- ‘‘(E) STATUTORILY MANDATED REPORTS OF ‘‘(46) VICTIM SERVICE PROVIDER.—The term lation.’’; ABUSE OR NEGLECT.—Nothing in this section ‘victim service provider’ means a nonprofit, (14) in paragraph (25), as redesignated, by prohibits a grantee or subgrantee from re- striking ‘‘services’’ and inserting ‘‘assist- nongovernmental or tribal organization or porting suspected abuse or neglect, as those ance’’; rape crisis center, including a State or tribal terms are defined by law, where specifically (15) in paragraph (26), as redesignated, by coalition, that assists domestic violence, mandated by the State or tribe involved.’’; striking ‘‘52’’ and inserting ‘‘57’’; dating violence, sexual assault, or stalking and (16) by inserting after paragraph (26), as re- victims, including domestic violence shel- (E) by inserting after subparagraph (F), as designated, the following: ters, faith-based organizations, and other or- redesignated, the following: ‘‘(27) RAPE CRISIS CENTER.—The term ‘rape ganizations, with a documented history of ef- ‘‘(G) CONFIDENTIALITY ASSESSMENT AND AS- crisis center’ means a nonprofit, nongovern- fective work concerning domestic violence, SURANCES.—Grantees and subgrantees must mental, or tribal organization, or govern- dating violence, sexual assault, or stalk- document their compliance with the con- mental entity in a State other than a Terri- ing.’’; and fidentiality and privacy provisions required tory that provides intervention and related (24) by striking paragraph (47), as redesig- under this section.’’; assistance, as specified in 42 U.S.C. nated, and inserting the following: (2) by striking paragraph (3) and inserting 14043g(b)(2)(C), to victims of sexual assault ‘‘(47) YOUTH.—The term ‘youth’ means a the following: without regard to their age. In the case of a person who is 11 to 20 years old.’’. ‘‘(3) APPROVED ACTIVITIES.—In carrying out governmental entity, the entity may not be (b) GRANTS CONDITIONS.—Subsection (b) of the activities under this title, grantees and part of the criminal justice system (such as section 40002 of the Violence Against Women subgrantees may collaborate with, or provide a law enforcement agency) and must be able Act of 1994 (42 U.S.C. 13925(b)) is amended— information to Federal, State, local, tribal, to offer a comparable level of confidentiality (1) in paragraph (2)— and territorial public officials and agencies as a nonprofit entity that provides similar (A) in subparagraph (B), by striking to develop and implement policies and de- victim services.’’; clauses (i) and (ii) and inserting the fol- velop and promote State, local, or tribal leg- (17) in paragraph (28), as redesignated— lowing: islation or model codes designed to reduce or (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(i) disclose, reveal, or release any person- eliminate domestic violence, dating vio- after the semicolon; ally identifying information or individual in- lence, sexual assault, and stalking.’’; (B) in subparagraph (B), by striking the pe- formation collected in connection with serv- (3) in paragraph (7), by inserting at the end riod and inserting ‘‘; or’’; and ices requested, utilized, or denied through the following: (C) by inserting at the end the following: grantees’ and subgrantees’ programs, regard- ‘‘Final reports of such evaluations shall be ‘‘(C) any federally recognized Indian less of whether the information has been en- made available to the public via the agency’s tribe.’’; coded, encrypted, hashed, or otherwise pro- website.’’; and (18) in paragraph (29), as redesignated, by tected; or (4) by inserting after paragraph (11) the fol- striking ‘‘150,000’’ and inserting ‘‘250,000’’; ‘‘(ii) disclose, reveal, or release individual lowing: (19) by inserting after paragraph (29), as re- client information without the informed, ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any designated, the following: written, reasonably time-limited consent of grantee or subgrantee providing legal assist- ‘‘(30) SEX TRAFFICKING.—The term ‘sex traf- the person (or in the case of an ance with funds awarded under this title ficking’ means any conduct proscribed by 18 unemancipated minor, the minor and the shall comply with the eligibility require- U.S.C. 1591, whether or not the conduct oc- parent or guardian or in the case of legal in- ments in section 1201(d) of the Violence curs in interstate or foreign commerce or capacity, a court-appointed guardian) about Against Women Act of 2000 (42 U.S.C. 3796gg– within the special maritime and territorial whom information is sought, whether for 6(d)). jurisdiction of the United States.’’; this program or any other Federal, State, ‘‘(13) CIVIL RIGHTS.— (20) by striking paragraph (31), as redesig- tribal, or territorial grant program, except ‘‘(A) NONDISCRIMINATION.—No person in the nated, and inserting the following: that consent for release may not be given by United States shall on the basis of actual or ‘‘(31) SEXUAL ASSAULT.—The term ‘sexual the abuser of the minor, incapacitated per- perceived race, color, religion, national ori- assault’ means any nonconsensual sexual act son, or the abuser of the other parent of the gin, sex, or disability be excluded from par- proscribed by Federal, tribal, or State law, minor. ticipation in, be denied the benefits of, or be

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2867 subjected to discrimination under any pro- ment, or recommendation that the grantee ‘‘(II) lobby any representative of a Federal, gram or activity funded in whole or in part has utilized grant funds for an unauthorized State, local, or tribal government regarding with funds made available under the Vio- expenditure or otherwise unallowable cost the award of grant funding. lence Against Women Act of 1994 (title IV of that is not closed or resolved within a 12- ‘‘(ii) PENALTY.—If the Attorney General de- Public Law 103–322; 108 Stat. 1902), the Vio- month period beginning on the date of an termines that any recipient of a grant under lence Against Women Act of 2000 (division B initial notification of the finding or rec- this Act has violated clause (i), the Attorney of Public Law 106–386; 114 Stat. 1491), the Vio- ommendation. General shall— lence Against Women and Department of ‘‘(F) NONPROFIT ORGANIZATION REQUIRE- ‘‘(I) require the grant recipient to repay Justice Reauthorization Act of 2005 (title IX MENTS.— the grant in full; and of Public Law 109–162; 119 Stat. 3080), the Vio- ‘‘(i) DEFINITION.—For purposes of this sec- ‘‘(II) prohibit the grant recipient from re- lence Against Women Reauthorization Act of tion and the grant programs described in ceiving another grant under this Act for not 2011, and any other program or activity fund- this Act, the term ‘nonprofit organization’ less than 5 years. ed in whole or in part with funds appro- ‘‘(J) ANNUAL CERTIFICATION.—Beginning in means an organization that is described in priated for grants, cooperative agreements, the first fiscal year beginning after the date section 501(c)(3) of the Internal Revenue Code and other assistance administered by the Of- of the enactment of this Act, the Assistant of 1986 and is exempt from taxation under fice on Violence Against Women. Attorney General for the Office of Justice section 501(a) of such Code. ‘‘(B) EXCEPTION.—If gender segregation or Programs, the Director of the Office on Vio- gender-specific programming is necessary to ‘‘(ii) PROHIBITION.—The Attorney General lence Against Women, and the Deputy Sec- the essential operation of a program, noth- shall not award a grant under any grant pro- retary for Health and Human Services shall ing in this paragraph shall prevent any such gram described in this Act to a nonprofit or- submit to the Committee on the Judiciary program or activity from consideration of an ganization that holds money in offshore ac- and the Committee on Appropriations of the individual’s gender. In such circumstances, counts for the purpose of avoiding paying the Senate and the Committee on the Judiciary alternative reasonable accommodations are tax described in section 511(a) of the Internal and the Committee on Appropriations of the sufficient to meet the requirements of this Revenue Code of 1986. House of Representatives an annual certifi- paragraph. ‘‘(iii) DISCLOSURE.—Each nonprofit organi- cation that— ‘‘(C) DISCRIMINATION.—The provisions of zation that is awarded a grant under a grant ‘‘(i) all audits issued by the Office of the paragraphs (2) through (4) of section 809(c) of program described in this Act and uses the Inspector General under subparagraph (A) the Omnibus Crime Control and Safe Streets procedures prescribed in regulations to cre- have been completed and reviewed by the As- Act of 1968 (42 U.S.C. 3789d(c)) apply to viola- ate a rebuttable presumption of reasonable- sistant Attorney General for the Office of tions of subparagraph (A). ness for the compensation of its officers, di- Justice Programs; ‘‘(D) CONSTRUCTION.—Nothing contained in rectors, trustees, and key employees, shall ‘‘(ii) all mandatory exclusions required this paragraph shall be construed, inter- disclose to the Attorney General, in the ap- under subparagraph (B) have been issued; preted, or applied to supplant, displace, pre- plication for the grant, the process for deter- ‘‘(iii) all reimbursements required under empt, or otherwise diminish the responsibil- mining such compensation, including the subparagraph (D) have been made; and ities and liabilities under other State or Fed- independent persons involved in reviewing ‘‘(iv) includes a list of any grant recipients eral civil rights law, whether statutory or and approving such compensation, the com- excluded under subparagraph (B) from the common. parability data used, and contemporaneous previous year.’’. ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND substantiation of the deliberation and deci- TITLE I—ENHANCING JUDICIAL AND LAW LEGAL ASSISTANCE.—Victim services and sion. Upon request, the Attorney General ENFORCEMENT TOOLS TO COMBAT VIO- legal assistance provided under this title shall make the information disclosed under LENCE AGAINST VICTIMS may include services and assistance to vic- this subsection available for public inspec- SEC. 101. STOP GRANTS. tims of domestic violence, dating violence, tion. Title I of the Omnibus Crime Control and sexual assault, or stalking who are also vic- ‘‘(G) ADMINISTRATIVE EXPENSES.—Unless Safe Streets Act of 1968 (42 U.S.C. 3711 et tims of severe forms of trafficking in persons otherwise explicitly provided in authorizing seq.) is amended— as defined by section 103 of the Trafficking legislation, not more than 7.5 percent of the (1) in section 1001(a)(18) (42 U.S.C. Victims Protection Act of 2000 (22 U.S.C. amounts authorized to be appropriated under 3793(a)(18)), by striking ‘‘$225,000,000 for each 7102). this Act may be used by the Attorney Gen- of fiscal years 2007 through 2011’’ and insert- ‘‘(15) ACCOUNTABILITY.—All grants awarded eral for salaries and administrative expenses ing ‘‘$222,000,000 for each of fiscal years 2012 by the Attorney General that are authorized of the Department of Justice. through 2016’’; under this Act shall be subject to the fol- ‘‘(H) CONFERENCE EXPENDITURES.— (2) in section 2001 (42 U.S.C. 3796gg), by lowing accountability provisions: ‘‘(i) LIMITATION.—No amounts authorized striking ‘‘against women’’ each place that ‘‘(A) AUDIT REQUIREMENT.—Beginning in to be appropriated to the Department of Jus- term appears and inserting ‘‘against vic- fiscal year 2013 , and in each fiscal year tice, or Department of Health and Human tims’’; thereafter, the Inspector General of the De- Services under this Act may be used by the (3) in section 2001(b) (42 U.S.C. 3796gg(b)), partment of Justice shall conduct an audit of Attorney General, the Secretary of Health as amended by paragraph (2)— not fewer than 10 percent of all recipients of and Human Services, or by any individual or (A) in the matter preceding paragraph (1)— grants under this Act to prevent waste, (i) by striking ‘‘equipment’’ and inserting fraud, and abuse of funds by grantees. organization awarded funds under this Act, to host or support any expenditure for con- ‘‘resources’’; and ‘‘(B) MANDATORY EXCLUSION.—A recipient ferences, unless in the case of the Depart- (ii) by inserting ‘‘for the protection and of grant funds under this Act that is found to safety of victims,’’ before ‘‘and specifi- have an unresolved audit finding shall not be ment of Justice, the Deputy Attorney Gen- eral or the appropriate Assistant Attorney cally,’’; eligible to receive grant funds under this Act (B) in paragraph (1), by striking ‘‘sexual during the 2 fiscal years beginning after the General, or in the case of the Department of Health and Human Services the Deputy Sec- assault’’ and all that follows through ‘‘dat- 12-month period described in subparagraph ing violence’’ and inserting ‘‘domestic vio- (E). retary, provides prior written authorization that the funds may be expended to host a lence, dating violence, sexual assault, and ‘‘(C) PRIORITY.—In awarding grants under stalking’’; conference. this Act, the Attorney General shall give pri- (C) in paragraph (2), by striking ‘‘sexual as- ‘‘(ii) WRITTEN APPROVAL.—Written ap- ority to eligible entities that, during the 3 sault and domestic violence’’ and inserting proval under clause (i) may not be delegated fiscal years before submitting an application ‘‘domestic violence, dating violence, sexual and shall include a written estimate of all for a grant under this Act, did not have an assault, and stalking’’; unresolved audit finding showing a violation costs associated with the conference, includ- (D) in paragraph (3), by striking ‘‘sexual in the terms or conditions of a Department ing the cost of all food and beverages, audio/ assault and domestic violence’’ and inserting of Justice grant program. visual equipment, honoraria for speakers, ‘‘domestic violence, dating violence, sexual ‘‘(D) REIMBURSEMENT.—If an entity is and any entertainment. assault, and stalking, as well as the appro- awarded grant funds under this Act during ‘‘(iii) REPORT.—The Deputy Attorney Gen- priate treatment of victims’’; the 2-fiscal-year period in which the entity is eral and Deputy Secretary shall submit an (E) in paragraph (4)— barred from receiving grants under subpara- annual report to the Committee on the Judi- (i) by striking ‘‘sexual assault and domes- graph (B), the Attorney General shall— ciary of the Senate and the Committee on tic violence’’ and inserting ‘‘domestic vio- ‘‘(i) deposit an amount equal to the grant the Judiciary of the House of Representa- lence, dating violence, sexual assault, and funds that were improperly awarded to the tives on all conference expenditures ap- stalking’’; and grantee into the General Fund of the Treas- proved and denied. (ii) by inserting ‘‘, classifying,’’ after ury; and ‘‘(I) PROHIBITION ON LOBBYING ACTIVITY.— ‘‘identifying’’; ‘‘(ii) seek to recoup the costs of the repay- ‘‘(i) IN GENERAL.—Amounts authorized to (F) in paragraph (5)— ment to the fund from the grant recipient be appropriated under this Act may not be (i) by inserting ‘‘and legal assistance’’ that was erroneously awarded grant funds. utilized by any grant recipient to— after ‘‘victim services’’; ‘‘(E) UNRESOLVED AUDIT FINDING DEFINED.— ‘‘(I) lobby any representative of the De- (ii) by striking ‘‘domestic violence and dat- In this paragraph, the term ‘unresolved audit partment of Justice regarding the award of ing violence’’ and inserting ‘‘domestic vio- finding’ means an audit report finding, state- grant funding; or lence, dating violence, and stalking’’;

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2868 CONGRESSIONAL RECORD — SENATE April 26, 2012 (iii) by striking ‘‘sexual assault and domes- (B) in subsection (b)(6), by striking ‘‘(not ‘‘(6) any other documentation that the At- tic violence’’ and inserting ‘‘domestic vio- including populations of Indian tribes)’’; torney General may require.’’; lence, dating violence, sexual assault, and (C) in subsection (c)— (E) in subsection (e)— stalking’’; and (i) by striking paragraph (2) and inserting (i) in paragraph (2)— (iv) by striking ‘‘including crimes’’ and all the following: (I) in subparagraph (A), by striking ‘‘do- that follows and inserting ‘‘including crimes ‘‘(2) grantees and subgrantees shall develop mestic violence and sexual assault’’ and in- of domestic violence, dating violence, sexual a plan for implementation and may consult serting ‘‘domestic violence, dating violence, assault, and stalking;’’; and coordinate with— sexual assault, and stalking’’; and (G) by striking paragraph (6) and redesig- ‘‘(A) the State sexual assault coalition; (II) in subparagraph (D), by striking ‘‘lin- nating paragraphs (7) through (14) as para- ‘‘(B) the State domestic violence coalition; guistically and culturally’’ and inserting graphs (6) through (13), respectively; ‘‘(C) the law enforcement entities within ‘‘population’’; and (H) in paragraph (6), as redesignated by the State; (ii) by adding at the end the following: subparagraph (G), by striking ‘‘sexual as- ‘‘(D) prosecution offices; ‘‘(3) CONDITIONS.—In disbursing grants sault and domestic violence’’ and inserting ‘‘(E) State and local courts; under this part, the Attorney General may ‘‘domestic violence, dating violence, sexual ‘‘(F) Tribal governments in those States impose reasonable conditions on grant assault, and stalking’’; with State or federally recognized Indian awards to ensure that the States meet statu- (I) in paragraph (7), as redesignated by sub- tribes; tory, regulatory, and other programs re- paragraph (G), by striking ‘‘and dating vio- ‘‘(G) representatives from underserved pop- quirements.’’; lence’’ and inserting ‘‘dating violence, and ulations; (F) in subsection (f), by striking the period stalking’’; ‘‘(H) victim service providers; at the end and inserting ‘‘, except that, for (J) in paragraph (9), as redesignated by ‘‘(I) population specific organizations; and purposes of this subsection, the costs of the subparagraph (G), by striking ‘‘domestic vio- ‘‘(J) other entities that the State or the projects for victim services or tribes for lence or sexual assault’’ and inserting ‘‘do- Attorney General identifies as needed for the which there is an exemption under section mestic violence, dating violence, sexual as- planning process;’’; 40002(b)(1) of the Violence Against Women sault, or stalking’’; (ii) by striking paragraph (4); Act of 1994 (42 U.S.C. 13925(b)(1)) shall not (K) in paragraph (12), as redesignated by (iii) by redesignating paragraph (3) as para- count toward the total costs of the subparagraph (G)— graph (4); projects.’’; and (i) in subparagraph (A), by striking ‘‘triage (iv) by inserting after paragraph (2), as (G) by adding at the end the following: protocols to ensure that dangerous or poten- amended by clause (i), the following: tially lethal cases are identified and ‘‘(3) grantees shall coordinate the State ‘‘(i) IMPLEMENTATION PLANS.—A State ap- prioritized’’ and inserting ‘‘the use of evi- implementation plan described in paragraph plying for a grant under this part shall— dence-based indicators to assess the risk of (2) with the State plans described in section ‘‘(1) develop an implementation plan in domestic and dating violence homicide and 307 of the Family Violence Prevention and consultation with the entities listed in sub- prioritize dangerous or potentially lethal Services Act (42 U.S.C. 10407) and the plans section (c)(2), that identifies how the State cases’’; and described in the Victims of Crime Act of 1984 will use the funds awarded under this part; (ii) by striking ‘‘and’’ at the end; (42 U.S.C. 10601 et seq.) and section 393A of and (L) in paragraph (13), as redesignated by the Public Health Service Act (42 U.S.C. ‘‘(2) submit to the Attorney General— subparagraph (G)— 280b–1b).’’; ‘‘(A) the implementation plan developed (i) by striking ‘‘to provide’’ and inserting (v) in paragraph (4), as redesignated by under paragraph (1); ‘‘providing’’; clause (ii)— ‘‘(B) documentation from each member of (ii) by striking ‘‘nonprofit nongovern- (I) in subparagraph (A), by striking ‘‘and the planning committee as to their partici- mental’’; not less than 25 percent shall be allocated for pation in the planning process; (iii) by striking the comma after ‘‘local prosecutors’’; ‘‘(C) documentation from the prosecution, governments’’; and (II) by redesignating subparagraphs (B) and law enforcement, court, and victim services (iv) by striking the period at the end and (C) as subparagraphs (C) and (D); programs to be assisted, describing— inserting a semicolon; (III) by inserting after subparagraph (A), ‘‘(i) the need for the grant funds; (M) by inserting after paragraph (13), as re- the following: ‘‘(ii) the intended use of the grant funds; designated by subparagraph (G), the fol- ‘‘(B) not less than 25 percent shall be allo- ‘‘(iii) the expected result of the grant lowing: cated for prosecutors;’’; funds; and ‘‘(14) developing and promoting State, (IV) in subparagraph (C), as redesignated ‘‘(iv) the demographic characteristics of local, or tribal legislation and policies that by subclause (II), by striking ‘‘culturally the populations to be served, including age, enhance best practices for responding to do- specific community based’’ and inserting disability, race, ethnicity, and language mestic violence, dating violence, sexual as- ‘‘population specific’’; and background; sault, and stalking; (V) in subparagraph (D) as redesignated by ‘‘(D) a description of how the State will en- ‘‘(15) developing, implementing, or enhanc- subclause (II) by striking ‘‘for’’ and inserting sure that any subgrantees will consult with ing Sexual Assault Response Teams, or other ‘‘to’’; and victim service providers during the course of similar coordinated community responses to (vi) by adding at the end the following: developing their grant applications in order sexual assault; ‘‘(5) not later than 2 years after the date of to ensure that the proposed activities are de- ‘‘(16) developing and strengthening poli- enactment of this Act, and every year there- signed to promote the safety, confiden- cies, protocols, best practices, and training after, not less than 30 percent of the total tiality, and economic independence of vic- for law enforcement agencies and prosecu- amount granted to a State under this part tims; tors relating to the investigation and pros- shall be allocated for programs or projects ‘‘(E) demographic data on the distribution ecution of sexual assault cases and the ap- that meaningfully address sexual assault, in- of underserved populations within the State propriate treatment of victims; cluding stranger rape, acquaintance rape, al- and a description of how the State will meet ‘‘(17) developing, enlarging, or strength- cohol or drug-facilitated rape, and rape with- the needs of underserved populations, includ- ening programs addressing sexual assault in the context of an intimate partner rela- ing the minimum allocation for population against men, women, and youth in correc- tionship.’’; specific services required under subsection tional and detention settings; (D) by striking subsection (d) and inserting (c)(4)(C); ‘‘(18) identifying and conducting inven- the following: ‘‘(F) a description of how the State plans tories of backlogs of sexual assault evidence ‘‘(d) APPLICATION REQUIREMENTS.—An ap- to meet the requirements of subsection collection kits and developing protocols and plication for a grant under this section shall (c)(5); policies for responding to and addressing include— ‘‘(G) goals and objectives for reducing do- such backlogs, including protocols and poli- ‘‘(1) the certifications of qualification re- mestic violence-related homicides within the cies for notifying and involving victims; and quired under subsection (c); State; and ‘‘(19) developing, enhancing, or strength- ‘‘(2) proof of compliance with the require- ‘‘(H) any other information requested by ening prevention and educational program- ments for the payment of forensic medical the Attorney General.’’; ming to address domestic violence, dating vi- exams and judicial notification, described in (5) in section 2010 (42 U.S.C. 3796gg–4)— olence, sexual assault, or stalking, with not section 2010; (A) in subsection (a), by striking paragraph more than 5 percent of the amount allocated ‘‘(3) proof of compliance with the require- (1) and inserting the following: to a State to be used for this purpose.’’; and ments for paying fees and costs relating to ‘‘(1) IN GENERAL.—A State, Indian tribal (N) in the flush text at the end, by striking domestic violence and protection order government, or unit of local government ‘‘paragraph (14)’’ and inserting ‘‘paragraph cases, described in section 2011 of this title; shall not be entitled to funds under this part (13)’’; ‘‘(4) proof of compliance with the require- unless the State, Indian tribal government, (4) in section 2007 (42 U.S.C. 3796gg–1)— ments prohibiting polygraph examinations unit of local government, or another govern- (A) in subsection (a), by striking ‘‘non- of victims of sexual assault, described in sec- mental entity— profit nongovernmental victim service pro- tion 2013 of this title; ‘‘(A) incurs the full out-of-pocket cost of grams’’ and inserting ‘‘victim service pro- ‘‘(5) an implementation plan required forensic medical exams described in sub- viders’’; under subsection (i); and section (b) for victims of sexual assault; and

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2869 ‘‘(B) coordinates with health care providers involving domestic violence, dating violence, (I) by striking the comma that imme- in the region to notify victims of sexual as- sexual assault, and stalking. diately follows another comma; and sault of the availability of rape exams at no ‘‘(15) To develop or strengthen policies, (II) by striking ‘‘grantees are States’’ and cost to the victims.’’; protocols, and training for law enforcement inserting the following: ‘‘grantees are— (B) in subsection (b)— officers, prosecutors, and the judiciary in ‘‘(1) States’’; and (i) in paragraph (1), by inserting ‘‘or’’ after recognizing, investigating, and prosecuting (vii) by adding at the end the following: the semicolon; instances of domestic violence, dating vio- ‘‘(2) a State, tribal, or territorial domestic (ii) in paragraph (2), by striking ‘‘; or’’ and lence, sexual assault, and stalking. violence or sexual assault coalition or a vic- inserting a period; and ‘‘(16) To develop and promote State, local, tim service provider that partners with a (iii) by striking paragraph (3); or tribal legislation and policies that en- State, Indian tribal government, or unit of (C) in subsection (c), by striking ‘‘, except hance best practices for responding to the local government that certifies that the that such funds’’ and all that follows and in- crimes of domestic violence, dating violence, State, Indian tribal government, or unit of serting a period; and sexual assault, and stalking, including the local government meets the requirements (D) by amended subsection (d) to read as appropriate treatment of victims. under paragraph (1).’’; follows: ‘‘(17) To develop, implement, or enhance (C) in subsection (d)— ‘‘(d) NONCOOPERATION.— sexual assault nurse examiner programs or (i) in paragraph (1)— ‘‘(1) IN GENERAL.—To be in compliance with sexual assault forensic examiner programs, (I) in the matter preceding subparagraph this section, a State, Indian tribal govern- including the hiring and training of such ex- (A), by inserting ‘‘, policy,’’ after ‘‘law’’; and ment, or unit of local government shall com- (II) in subparagraph (A), by inserting ‘‘and aminers. ply with subsection (b) without regard to the defendant is in custody or has been ‘‘(18) To develop, implement, or enhance whether the victim participates in the crimi- served with the information or indictment’’ Sexual Assault Response Teams or similar nal justice system or cooperates with law en- before the semicolon; and coordinated community responses to sexual forcement. (ii) in paragraph (2), by striking ‘‘it’’ and assault. ‘‘(2) COMPLIANCE PERIOD.—States, terri- inserting ‘‘its’’; and ‘‘(19) To develop and strengthen policies, tories, and Indian tribal governments shall (D) by adding at the end the following: have 3 years from the date of enactment of protocols, and training for law enforcement ‘‘(f) ALLOCATION FOR SEXUAL ASSAULT.—Of this Act to come into compliance with this officers and prosecutors regarding the inves- the amounts appropriated for purposes of subsection.’’; and tigation and prosecution of sexual assault this part for each fiscal year, not less than 30 (6) in section 2011(a)(1) (42 U.S.C. 3796gg– cases and the appropriate treatment of vic- percent shall be available for projects that 5(a)(1))— tims. address sexual assault, including stranger (A) by inserting ‘‘modification, enforce- ‘‘(20) To provide human immunodeficiency rape, acquaintance rape, alcohol or drug-fa- ment, dismissal,’’ after ‘‘registration,’’ each virus testing programs, counseling, and pro- cilitated rape, and rape within the context of place it appears; and phylaxis for victims of sexual assault. an intimate partner relationship.’’; and (B) by striking ‘‘domestic violence’’ and all ‘‘(21) To identify and inventory backlogs of (2) in section 2102(a) (42 U.S.C. 3796hh– that follows through ‘‘sexual assault’’ and sexual assault evidence collection kits and 1(a))— inserting ‘‘domestic violence, dating vio- to develop protocols for responding to and (A) in paragraph (1), by inserting ‘‘court,’’ lence, sexual assault, or stalking’’. addressing such backlogs, including policies after ‘‘tribal government,’’; and SEC. 102. GRANTS TO ENCOURAGE ACCOUNT- and protocols for notifying and involving (B) in paragraph (4), by striking ‘‘non- ABILITY POLICIES AND ENFORCE- victims. profit, private sexual assault and domestic MENT OF PROTECTION ORDERS. ‘‘(22) To develop multidisciplinary high- violence programs’’ and inserting ‘‘victim (a) IN GENERAL.—Part U of title I of the risk teams focusing on reducing domestic vi- service providers and, as appropriate, popu- Omnibus Crime Control and Safe Streets Act olence and dating violence homicides by— lation specific organizations’’. of 1968 (42 U.S.C. 3796hh et seq.) is amended— ‘‘(A) using evidence-based indicators to as- (b) AUTHORIZATION OF APPROPRIATIONS.— (1) in section 2101 (42 U.S.C. 3796hh)— sess the risk of homicide and link high-risk Section 1001(a)(19) of title I of the Omnibus (A) in subsection (b)— victims to immediate crisis intervention Crime Control and Safe Streets Act of 1968 (i) in the matter preceding paragraph (1), services; (42 U.S.C. 3793(a)(19)) is amended— by striking ‘‘States,’’ and all that follows ‘‘(B) identifying and managing high-risk (1) by striking ‘‘$75,000,000’’ and all that through ‘‘units of local government’’ and in- offenders; and follows through ‘‘2011.’’ and inserting serting ‘‘grantees’’; ‘‘(C) providing ongoing victim advocacy ‘‘$73,000,000 for each of fiscal years 2012 (ii) in paragraph (1), by inserting ‘‘and en- and referrals to comprehensive services in- through 2016.’’; and forcement of protection orders across State cluding legal, housing, health care, and eco- (2) by striking the period that immediately and tribal lines but not policies that man- nomic assistance.’’; follows another period. date the arrest of an individual by law en- (B) in subsection (c)— SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. forcement in responding to an incident of do- (i) in paragraph (1)— Section 1201 of the Violence Against mestic violence in the absence of probable (I) in the matter preceding subparagraph Women Act of 2000 (42 U.S.C. 3796gg–6) is cause’’ before the period; (A), by inserting ‘‘except for a court,’’ before amended— (iii) in paragraph (2), by striking ‘‘and ‘‘certify’’; and (1) in subsection (a)— training in police departments to improve (II) by redesignating subparagraphs (A) and (A) in the first sentence, by striking ‘‘aris- tracking of cases’’ and inserting ‘‘data col- (B) as clauses (i) and (ii), and adjusting the ing as a consequence of’’ and inserting ‘‘re- lection systems, and training in police de- margin accordingly; lating to or arising out of’’; and partments to improve tracking of cases and (ii) in paragraph (2), by inserting ‘‘except (B) in the second sentence, by inserting ‘‘or classification of complaints’’; for a court,’’ before ‘‘demonstrate’’; arising out of’’ after ‘‘relating to’’; (iv) in paragraph (4), by inserting ‘‘and pro- (iii) in paragraph (4)— (2) in subsection (b)— vide the appropriate training and education (I) by inserting ‘‘modification, enforce- (A) in the heading, by inserting ‘‘AND about domestic violence, dating violence, ment, dismissal,’’ after ‘‘registration,’’ each GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and sexual assault, and stalking’’ after ‘‘com- place it appears; (B) by inserting ‘‘and grant conditions’’ puter tracking systems’’; (II) by inserting ‘‘dating violence,’’ after after ‘‘definitions’’; (v) in paragraph (5), by inserting ‘‘and ‘‘domestic violence,’’; and (3) in subsection (c)— other victim services’’ after ‘‘legal advocacy (III) by striking ‘‘and’’ at the end; (A) in paragraph (1), by striking ‘‘victims service programs’’; (iv) in paragraph (5)— services organizations’’ and inserting ‘‘vic- (vi) in paragraph (6), by striking ‘‘judges’’ (I) in the matter preceding subparagraph tim service providers’’; and and inserting ‘‘Federal, State, tribal, terri- (A), by striking ‘‘, not later than 3 years (B) by striking paragraph (3) and inserting torial, and local judges, courts, and court- after the date of enactment of this section,’’; the following: based and court-related personnel’’; (II) by redesignating subparagraphs (A) and ‘‘(3) to implement, expand, and establish (vii) in paragraph (8), by striking ‘‘and sex- (B) as clauses (i) and (ii), and adjusting the efforts and projects to provide competent, ual assault’’ and inserting ‘‘dating violence, margin accordingly; supervised pro bono legal assistance for vic- sexual assault, and stalking’’; (III) in clause (ii), as redesignated by sub- tims of domestic violence, dating violence, (viii) in paragraph (10), by striking ‘‘non- clause (III) of this clause, by striking ‘‘sub- sexual assault, or stalking, except that not profit, non-governmental victim services or- paragraph (A)’’ and inserting ‘‘clause (i)’’; more than 10 percent of the funds awarded ganizations,’’ and inserting ‘‘victim service and under this section may be used for the pur- providers, population specific organiza- (IV) by striking the period at the end and pose described in this paragraph.’’; tions,’’; and inserting ‘‘; and’’; (4) in subsection (d)— (ix) by adding at the end the following: (v) by redesignating paragraphs (1) through (A) in paragraph (1), by striking ‘‘this sec- ‘‘(14) To develop and implement training (5), as amended by this subparagraph, as sub- tion has completed’’ and all that follows and programs for prosecutors and other prosecu- paragraphs (A) through (E), respectively; inserting the following: ‘‘this section—’’ tion-related personnel regarding best prac- (vi) in the matter preceding subparagraph ‘‘(A) has demonstrated expertise in pro- tices to ensure offender accountability, vic- (A), as redesignated by clause (v) of this sub- viding legal assistance or advocacy to vic- tim safety, and victim consultation in cases paragraph— tims of domestic violence, dating violence,

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2870 CONGRESSIONAL RECORD — SENATE April 26, 2012 sexual assault, or stalking in the targeted sistance programs, or community-based sup- ‘‘(4) certifies that the organizational poli- population; or plementary services); cies of the applicant do not require medi- ‘‘(B)(i) is partnered with an entity or per- ‘‘(C) offender management, monitoring, ation or counseling involving offenders and son that has demonstrated expertise de- and accountability programs; victims being physically present in the same scribed in subparagraph (A); and ‘‘(D) safe and confidential information- place, in cases where domestic violence, dat- ‘‘(ii) has completed, or will complete, storage and information-sharing databases ing violence, sexual assault, or stalking is al- training in connection with domestic vio- within and between court systems; leged; lence, dating violence, stalking, or sexual as- ‘‘(E) education and outreach programs to ‘‘(5) certifies that any person providing sault and related legal issues, including improve community access, including en- legal assistance through a program funded training on evidence-based risk factors for hanced access for underserved populations; under this section has completed or will domestic and dating violence homicide;’’; and complete training on domestic violence, dat- and ‘‘(F) other projects likely to improve court ing violence, sexual assault, and stalking, in- (B) in paragraph (2), by striking ‘‘stalking responses to domestic violence, dating vio- cluding child sexual abuse, and related legal organization’’ and inserting ‘‘stalking victim lence, sexual assault, and stalking; issues; and service provider’’; and ‘‘(6) collect data and provide training and ‘‘(6) certifies that any person providing (5) in subsection (f)(1), by striking ‘‘this technical assistance, including developing custody evaluation or guardian ad litem section’’ and all that follows and inserting State, local, and tribal model codes and poli- services through a program funded under the following: ‘‘this section $57,000,000 for cies, to improve the capacity of grantees and this section has completed or will complete each of fiscal years 2012 through 2016.’’. communities to address the civil justice training developed with input from and in needs of victims of domestic violence, dating SEC. 104. CONSOLIDATION OF GRANTS TO SUP- collaboration with a tribal, State, terri- PORT FAMILIES IN THE JUSTICE violence, sexual assault, and stalking who torial, or local domestic violence, dating vio- SYSTEM. have legal representation, who are pro- lence, sexual assault, or stalking organiza- (a) IN GENERAL.—Title III of division B of ceeding pro se, or are proceeding with the as- tion or coalition on the dynamics of domes- the Victims of Trafficking and Violence Pro- sistance of a legal advocate; and tic violence and sexual assault, including tection Act of 2000 (Public Law 106–386; 114 ‘‘(7) to improve training and education to child sexual abuse, that includes training on Stat. 1509) is amended by striking the sec- assist judges, judicial personnel, attorneys, how to review evidence of past abuse and the tion preceding section 1302 (42 U.S.C. 10420), child welfare personnel, and legal advocates use of evidenced-based theories to make rec- as amended by section 306 of the Violence in the civil justice system. ommendations on custody and visitation. ‘‘(c) CONSIDERATIONS.— Against Women and Department of Justice ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—In making grants for Reauthorization Act of 2005 (Public Law 109– There is authorized to be appropriated to purposes described in paragraphs (1) through 162; 119 Stat. 316), and inserting the fol- carry out this section $22,000,000 for each of (6) of subsection (b), the Attorney General lowing: fiscal years 2012 through 2016. Amounts ap- shall consider— propriated pursuant to this subsection shall ‘‘SEC. 1301. COURT TRAINING AND SUPERVISED ‘‘(A) the number of families to be served by remain available until expended. VISITATION IMPROVEMENTS. the proposed programs and services; ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— ‘‘(a) IN GENERAL.—The Attorney General ‘‘(B) the extent to which the proposed pro- may make grants to States, units of local ‘‘(1) IN GENERAL.—Not less than 10 percent grams and services serve underserved popu- of the total amount available under this sec- government, courts (including juvenile lations; courts), Indian tribal governments, nonprofit tion for each fiscal year shall be available ‘‘(C) the extent to which the applicant for grants under the program authorized by organizations, legal services providers, and demonstrates cooperation and collaboration section 3796gg–10 of this title. victim services providers to improve the re- with nonprofit, nongovernmental entities in ‘‘(2) APPLICABILITY OF PART.—The require- sponse of all aspects of the civil and criminal the local community with demonstrated his- ments of this section shall not apply to funds justice system to families with a history of tories of effective work on domestic vio- allocated for the program described in para- domestic violence, dating violence, sexual lence, dating violence, sexual assault, or graph (1).’’. assault, or stalking, or in cases involving al- stalking, including State or tribal domestic (b) TECHNICAL AND CONFORMING AMEND- legations of child sexual abuse. violence coalitions, State or tribal sexual as- MENT.—Subtitle J of the Violence Against ‘‘(b) USE OF FUNDS.—A grant under this sault coalitions, local shelters, and programs section may be used to— Women Act of 1994 (42 U.S.C. 14043 et seq.) is for domestic violence and sexual assault vic- repealed. ‘‘(1) provide supervised visitation and safe tims; and visitation exchange of children and youth by ‘‘(D) the extent to which the applicant SEC. 105. SEX OFFENDER MANAGEMENT. and between parents in situations involving demonstrates coordination and collaboration Section 40152(c) of the Violence Against domestic violence, dating violence, child sex- with State, tribal, and local court systems, Women Act of 1994 (42 U.S.C. 13941) is amend- ual abuse, sexual assault, or stalking; including mechanisms for communication ed by striking ‘‘$5,000,000’’ and all that fol- ‘‘(2) develop and promote State, local, and and referral. lows and inserting ‘‘$5,000,000 for each of fis- cal years 2012 through 2016.’’. tribal legislation, policies, and best practices ‘‘(2) OTHER GRANTS.—In making grants for improving civil and criminal court func- under subsection (b)(8) the Attorney General SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE tions, responses, practices, and procedures in shall take into account the extent to which PROGRAM. cases involving a history of domestic vio- the grantee has expertise addressing the ju- Subtitle B of title II of the Crime Control lence or sexual assault, or in cases involving dicial system’s handling of family violence, Act of 1990 (42 U.S.C. 13011 et seq.) is amend- allegations of child sexual abuse, including child custody, child abuse and neglect, adop- ed— cases in which the victim proceeds pro se; tion, foster care, supervised visitation, di- (1) in section 216 (42 U.S.C. 13012), by strik- ‘‘(3) educate court-based and court-related vorce, and parentage. ing ‘‘January 1, 2010’’ and inserting ‘‘January personnel (including custody evaluators and ‘‘(d) APPLICANT REQUIREMENTS.—The At- 1, 2015’’; guardians ad litem) and child protective torney General may make a grant under this (2) in section 217 (42 U.S.C. 13013)— services workers on the dynamics of domes- section to an applicant that— (A) by striking ‘‘Code of Ethics’’ in section tic violence, dating violence, sexual assault, ‘‘(1) demonstrates expertise in the areas of (c)(2) and inserting ‘‘Standards for Pro- and stalking, including information on per- domestic violence, dating violence, sexual grams’’; and petrator behavior, evidence-based risk fac- assault, stalking, or child sexual abuse, as (B) by adding at the end the following: tors for domestic and dating violence homi- appropriate; ‘‘(e) REPORTING.—An organization that re- cide, and on issues relating to the needs of ‘‘(2) ensures that any fees charged to indi- ceives a grant under this section for a fiscal victims, including safety, security, privacy, viduals for use of supervised visitation pro- year shall submit to the Administrator a re- and confidentiality, including cases in which grams and services are based on the income port regarding the use of the grant for the the victim proceeds pro se; of those individuals, unless otherwise pro- fiscal year, including a discussion of out- ‘‘(4) provide appropriate resources in juve- vided by court order; come performance measures (which shall be nile court matters to respond to dating vio- ‘‘(3) demonstrates that adequate security established by the Administrator) to deter- lence, domestic violence, sexual assault (in- measures, including adequate facilities, pro- mine the effectiveness of the programs of the cluding child sexual abuse), and stalking and cedures, and personnel capable of preventing organization in meeting the needs of chil- ensure necessary services dealing with the violence, and adequate standards are, or will dren in the child welfare system.’’; and health and mental health of victims are be, in place (including the development of (3) in section 219(a) (42 U.S.C. 13014(a)), by available; protocols or policies to ensure that confiden- striking ‘‘fiscal years 2007 through 2011’’ and ‘‘(5) enable courts or court-based or court- tial information is not shared with courts, inserting ‘‘fiscal years 2012 through 2016’’. related programs to develop or enhance— law enforcement agencies, or child welfare SEC. 107. CRIMINAL PROVISION RELATING TO ‘‘(A) court infrastructure (such as special- agencies unless necessary to ensure the safe- STALKING, INCLUDING ized courts, consolidated courts, dockets, in- ty of any child or adult using the services of CYBERSTALKING. take centers, or interpreter services); a program funded under this section), if the Section 2261A of title 18, United States ‘‘(B) community-based initiatives within applicant proposes to operate supervised vis- Code, is amended to read as follows: the court system (such as court watch pro- itation programs and services or safe visita- ‘‘§ 2261A. Stalking grams, victim assistants, pro se victim as- tion exchange; ‘‘Whoever—

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2871 ‘‘(1) travels in interstate or foreign com- ‘‘(2) victim service providers offering popu- section (a)(1), there are authorized to be ap- merce or is present within the special mari- lation specific services for a specific under- propriated to carry out this section $2,000,000 time and territorial jurisdiction of the served population; or for each of fiscal years 2012 through 2016. United States, or enters or leaves Indian ‘‘(3) victim service providers working in ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.— country, with the intent to kill, injure, har- partnership with a national, State, or local In this section the definitions and grant con- ass, intimidate, or place under surveillance organization that has demonstrated experi- ditions in section 40002 of the Violence with intent to kill, injure, harass, or intimi- ence and expertise in providing population Against Women Act of 1994 (42 U.S.C. 13925) date another person, and in the course of, or specific services in the relevant underserved shall apply.’’. as a result of, such travel or presence en- population. SEC. 109. CULTURALLY SPECIFIC SERVICES gages in conduct that— ‘‘(c) PLANNING GRANTS.—The Attorney GRANT. ‘‘(A) places that person in reasonable fear General may use up to 20 percent of funds Section 121 of the Violence Against Women of the death of, or serious bodily injury to— available under this section to make one- and Department of Justice Reauthorization ‘‘(i) that person; time planning grants to eligible entities to Act of 2005 (42 U.S.C. 14045a) is amended— ‘‘(ii) an immediate family member (as de- support the planning and development of (1) in the section heading, by striking ‘‘and fined in section 115) of that person; or specially designed and targeted programs for linguistically’’; ‘‘(iii) a spouse or intimate partner of that adult and youth victims in one or more un- (2) by striking ‘‘and linguistically’’ each place it appears; person; or derserved populations, including— (3) by striking ‘‘and linguistic’’ each place ‘‘(B) causes, attempts to cause, or would be ‘‘(1) identifying, building and strength- it appears; reasonably expected to cause substantial ening partnerships with potential collabo- (4) by striking subsection (a)(2) and insert- emotional distress to a person described in rators within underserved populations, Fed- ing: clause (i), (ii), or (iii) of subparagraph (A); or eral, State, tribal, territorial or local gov- ‘‘(2) PROGRAMS COVERED.—The programs ‘‘(2) with the intent to kill, injure, harass, ernment entities, and public and private or- covered by paragraph (1) are the programs intimidate, or place under surveillance with ganizations; carried out under the following provisions: intent to kill, injure, harass, or intimidate ‘‘(2) conducting a needs assessment of the ‘‘(A) Section 2101 of the Omnibus Crime another person, uses the mail, any inter- community and the targeted underserved Control and Safe Streets Act of 1968 (Grants active computer service or electronic com- population or populations to determine what the barriers are to service access and what to Encourage Accountability Policies and munication service or electronic commu- Enforcement of Protection Orders). nication system of interstate commerce, or factors contribute to those barriers, using input from the targeted underserved popu- ‘‘(B) Section 1401 of division B of the Vic- any other facility of interstate or foreign tims of Trafficking and Violence Protection commerce to engage in a course of conduct lation or populations; ‘‘(3) identifying promising prevention, out- Act of 2000 (42 U.S.C. 3796gg–6) (Legal Assist- that— ance for Victims). reach and intervention strategies for victims ‘‘(A) places that person in reasonable fear ‘‘(C) Section 40295 of the Violence Against from a targeted underserved population or of the death of or serious bodily injury to a Women Act of 1994 (42 U.S.C. 13971) (Rural populations; and person described in clause (i), (ii), or (iii) of Domestic Violence, Dating Violence, Sexual ‘‘(4) developing a plan, with the input of paragraph (1)(A); or Assault, Stalking, and Child Abuse Enforce- the targeted underserved population or popu- ‘‘(B) causes, attempts to cause, or would be ment Assistance). lations, for implementing prevention, out- reasonably expected to cause substantial ‘‘(D) Section 40802a of the Violence Against reach and intervention strategies to address emotional distress to a person described in Women Act of 1994 (42 U.S.C. 14041a) (En- the barriers to accessing services, promoting clause (i), (ii), or (iii) of paragraph (1)(A), hanced Training and Services to End Vio- community engagement in the prevention of shall be punished as provided in section lence Against Women Later in Life). 2261(b) of this title.’’. domestic violence, dating violence, sexual ‘‘(E) Section 1402 of division B of the Vic- assault, and stalking within the targeted un- SEC. 108. OUTREACH AND SERVICES TO UNDER- tims of Trafficking and Violence Protection SERVED POPULATIONS GRANT. derserved populations, and evaluating the Act of 2000 (42 U.S.C. 3796gg–7) (Education, Section 120 of the Violence Against Women program. Training, and Enhanced Services to End Vio- ‘‘(d) IMPLEMENTATION GRANTS.—The Attor- and Department of Justice Reauthorization lence Against and Abuse of Women with Dis- ney General shall make grants to eligible en- Act of 2005 (42 U.S.C. 14045) is amended to abilities).’’; and tities for the purpose of providing or enhanc- read as follows: (5) in subsection (g), by striking ‘‘linguistic ing population specific outreach and services and’’. ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERV- to adult and youth victims in one or more ICES TO UNDERSERVED POPU- underserved populations, including— SEC. 110. REAUTHORIZATION OF CHILD ABUSE LATIONS. TRAINING PROGRAMS FOR JUDICIAL ‘‘(1) working with Federal, State, tribal, PERSONNEL AND PRACTITIONERS. ‘‘(a) GRANTS AUTHORIZED.— territorial and local governments, agencies, ‘‘(1) IN GENERAL.—Of the amounts appro- Section 224(a) of the Victims of Child and organizations to develop or enhance pop- Abuse Act of 1990 (42 U.S.C. 13024(a)) is priated under the grant programs identified ulation specific victim services; in paragraph (2), the Attorney General shall amended by striking ‘‘$2,300,000’’ and all that ‘‘(2) strengthening the capacity of under- follows and inserting ‘‘$2,300,000 for each of take 2 percent of such appropriated amounts served populations to provide population and combine them to award grants to eligi- fiscal years 2012 through 2016.’’. specific victim services; SEC. 111. OFFSET OF RESTITUTION AND OTHER ble entities described in subsection (b) of ‘‘(3) strengthening the capacity of tradi- this section to develop and implement out- STATE JUDICIAL DEBTS AGAINST IN- tional victim service providers to provide COME TAX REFUND. reach strategies targeted at adult, or youth, population specific services; (a) IN GENERAL.—Section 6402 of the Inter- victims of domestic violence, dating vio- ‘‘(4) strengthening the effectiveness of nal Revenue Code of 1986 (relating to author- lence, sexual assault, or stalking in under- criminal and civil justice interventions by ity to make credits or refunds) is amended— served populations and to provide victim providing training for law enforcement, pros- (1) by redesignating subsections (g) services to meet the needs of adult and ecutors, judges and other court personnel on through (l) as subsections (h) through (m), youth victims of domestic violence, dating domestic violence, dating violence, sexual respectively; and violence, sexual assault, and stalking in un- assault, or stalking in underserved popu- (2) by inserting after subsection (f) the fol- derserved populations. The requirements of lations; or lowing: the grant programs identified in paragraph ‘‘(5) working in cooperation with an under- ‘‘(g) COLLECTION OF PAST-DUE, LEGALLY (3) shall not apply to this grant program. served population to develop and implement ENFORCEABLE RESTITUTION AND OTHER STATE ‘‘(2) PROGRAMS COVERED.—The programs outreach, education, prevention, and inter- JUDICIAL DEBTS.— covered by paragraph (2) are the programs vention strategies that highlight available ‘‘(1) IN GENERAL.—In any State which wish- carried out under the following provisions: resources and the specific issues faced by es to collect past-due, legally enforceable ‘‘(A) Section 2001 of the Omnibus Crime victims of domestic violence, dating vio- State judicial debts, the chief justice of the Control and Safe Streets Act of 1968 (STOP lence, sexual assault, or stalking from under- State’s highest court shall designate a single Grants). served populations. State entity to communicate judicial debt ‘‘(B) Section 2101 of the Omnibus Crime ‘‘(e) APPLICATION.—An eligible entity desir- information to the Secretary. In making Control and Safe Streets Act of 1968 (Grants ing a grant under this section shall submit such designation, the chief justice of the to Encourage Accountability Policies). an application to the Director of the Office State’s highest court shall select, whenever ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities on Violence Against Women at such time, in practicable, a relevant State official or agen- under this section are— such form, and in such manner as the Direc- cy responsible under State law for collecting ‘‘(1) population specific organizations that tor may prescribe. the State’s income tax or other statewide ex- have demonstrated experience and expertise ‘‘(f) REPORTS.—Each eligible entity receiv- cise at the time of the designation. Upon re- in providing population specific services in ing a grant under this section shall submit ceiving notice from a State designated enti- the relevant underserved communities or to the Director of the Office on Violence ty that a named person owes a past-due, le- population specific organizations working in Against Women a report that describes the gally enforceable State judicial debt to or in partnership with a victim service provider or activities carried out with grant funds. such State, the Secretary shall, under such domestic violence or sexual assault coali- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— conditions as may be prescribed by the Sec- tion; In addition to the funds identified in sub- retary—

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2872 CONGRESSIONAL RECORD — SENATE April 26, 2012 ‘‘(A) reduce the amount of any overpay- paid to the Secretary pursuant to the pre- SEC. 202. RURAL DOMESTIC VIOLENCE, DATING ment payable to such person by the amount ceding sentence shall be used to reimburse VIOLENCE, SEXUAL ASSAULT, of such State judicial debt; appropriations which bore all or part of the STALKING, AND CHILD ABUSE EN- ‘‘(B) pay the amount by which such over- cost of applying such procedure. FORCEMENT ASSISTANCE. Section 40295 of the Violence Against payment is reduced under subparagraph (A) ‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any Women Act of 1994 (42 U.S.C. 13971) is amend- to such State designated entity and notify State designated entity receiving notice ed— such State designated entity of such person’s from the Secretary that an erroneous pay- (1) in subsection (a)(1)(H), by inserting ‘‘, name, taxpayer identification number, ad- ment has been made to such State des- including sexual assault forensic examiners’’ dress, and the amount collected; and ignated entity under paragraph (1) shall pay before the semicolon; ‘‘(C) notify the person making such over- promptly to the Secretary, in accordance (2) in subsection (b)— payment that the overpayment has been re- with such regulations as the Secretary may (A) in paragraph (1)— duced by an amount necessary to satisfy a prescribe, an amount equal to the amount of (i) by striking ‘‘victim advocacy groups’’ past-due, legally enforceable State judicial such erroneous payment (without regard to and inserting ‘‘victim service providers’’; and debt. whether any other amounts payable to such (ii) by inserting ‘‘, including developing If an offset is made pursuant to a joint re- State designated entity under such para- multidisciplinary teams focusing on high turn, the notice under subparagraph (B) shall graph have been paid to such State des- risk cases with the goal of preventing domes- include the names, taxpayer identification ignated entity).’’. tic and dating violence homicides’’ before numbers, and addresses of each person filing (b) DISCLOSURE OF RETURN INFORMATION.— such return. Section 6103(l)(10) of the Internal Revenue the semicolon; ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay- Code of 1986 (relating to disclosure of certain (B) in paragraph (2)— ment by a person shall be reduced pursuant information to agencies requesting a reduc- (i) by striking ‘‘and other long- and short- to this subsection— tion under subsection (c), (d), (e), or (f) of term assistance’’ and inserting ‘‘legal assist- ‘‘(A) after such overpayment is reduced section 6402) is amended by striking ‘‘or (f)’’ ance, and other long-term and short-term pursuant to— each place it appears in the text and heading victim and population specific services’’; and ‘‘(i) subsection (a) with respect to any li- and inserting ‘‘(f), or (g)’’. (ii) by striking ‘‘and’’ at the end; ability for any internal revenue tax on the (c) CONFORMING AMENDMENTS.— (C) in paragraph (3), by striking the period part of the person who made the overpay- (1) Section 6402(a) of the Internal Revenue at the end and inserting ‘‘; and’’; and ment; Code of 1986 is amended by striking ‘‘and (f)’’ (D) by adding at the end the following: ‘‘(ii) subsection (c) with respect to past-due and inserting ‘‘(f), and (g),’’. ‘‘(4) developing, enlarging, or strength- support; (2) Paragraph (2) of section 6402(d) of such ening programs addressing sexual assault, ‘‘(iii) subsection (d) with respect to any Code is amended by striking ‘‘subsections (e) including sexual assault forensic examiner past-due, legally enforceable debt owed to a and (f)’’ and inserting ‘‘subsections (e), (f), programs, Sexual Assault Response Teams, Federal agency; and and (g)’’. law enforcement training, and programs ad- ‘‘(iv) subsection (e) with respect to any (3) Paragraph (3)(B) of section 6402(e) of dressing rape kit backlogs.’’; and past-due, legally enforceable State income such Code is amended to read as follows: (3) in subsection (e)(1), by striking tax obligations; and ‘‘(B) before such overpayment is— ‘‘$55,000,000 for each of the fiscal years 2007 ‘‘(B) before such overpayment is credited ‘‘(i) reduced pursuant to subsection (g) through 2011’’ and inserting ‘‘$50,000,000 for to the future liability for any Federal inter- with respect to past-due, legally enforceable each of fiscal years 2012 through 2016’’. nal revenue tax of such person pursuant to State judicial debts, and SEC. 203. TRAINING AND SERVICES TO END VIO- subsection (b). ‘‘(ii) credited to the future liability for any LENCE AGAINST WOMEN WITH DIS- If the Secretary receives notice from 1 or Federal internal revenue tax of such person ABILITIES GRANTS. more State designated entities of more than pursuant to subsection (b).’’. Section 1402 of division B of the Victims of 1 debt subject to paragraph (1) that is owed (4) Section 6402(h) of such Code, as so re- Trafficking and Violence Protection Act of by such person to such State agency or State designated, is amended by striking ‘‘or (f)’’ 2000 (42 U.S.C. 3796gg–7) is amended— judicial branch, any overpayment by such and inserting ‘‘(f), or (g)’’. (1) in subsection (b)— person shall be applied against such debts in (5) Section 6402(j) of such Code, as so redes- (A) in paragraph (1), by inserting ‘‘(includ- the order in which such debts accrued. ignated, is amended by striking ‘‘or (f)’’ and ing using evidence-based indicators to assess ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.— inserting ‘‘(f), or (g)’’. the risk of domestic and dating violence Rules similar to the rules of subsection (e)(4) homicide)’’ after ‘‘risk reduction’’; (d) EFFECTIVE DATE.—The amendments shall apply with respect to debts under this made by this section shall apply to refunds (B) in paragraph (4), by striking ‘‘victim subsection. payable for taxable years beginning after De- service organizations’’ and inserting ‘‘victim ‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE cember 31, 2011. service providers’’; and STATE JUDICIAL DEBT.— (C) in paragraph (5), by striking ‘‘victim ‘‘(A) IN GENERAL.—For purposes of this sub- TITLE II—IMPROVING SERVICES FOR VIC- services organizations’’ and inserting ‘‘vic- section, the term ‘past-due, legally enforce- TIMS OF DOMESTIC VIOLENCE, DATING tim service providers’’; able State judicial debt’ means a debt— VIOLENCE, SEXUAL ASSAULT, AND (2) in subsection (c)(1)(D), by striking ‘‘(i) which resulted from a judgment or sen- STALKING ‘‘nonprofit and nongovernmental victim tence rendered by any court or tribunal of SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. services organization, such as a State’’ and competent jurisdiction which— (a) GRANTS TO STATES AND TERRITORIES.— inserting ‘‘victim service provider, such as a ‘‘(I) handles criminal or traffic cases in the Section 41601(b) of the Violence Against State or tribal’’; and State; and Women Act of 1994 (42 U.S.C. 14043g(b)) is (3) in subsection (e), by striking ‘‘(II) has determined an amount of State amended— ‘‘$10,000,000 for each of the fiscal years 2007 judicial debt to be due; and (1) in paragraph (1)— through 2011’’ and inserting ‘‘$9,000,000 for ‘‘(ii) which resulted from a State judicial (A) by striking ‘‘governmental and non- each of fiscal years 2012 through 2016’’. debt which has been assessed and is past-due governmental’’; and SEC. 204. GRANT FOR TRAINING AND SERVICES but not collected. (B) by striking ‘‘other programs’’ and all TO END VIOLENCE AGAINST WOMEN ‘‘(B) STATE JUDICIAL DEBT.—For purposes of that follows and inserting ‘‘other nongovern- IN LATER LIFE. this paragraph, the term ‘State judicial debt’ mental or tribal programs and projects to as- Section 40802 of the Violence Against includes court costs, fees, fines, assessments, sist individuals who have been victimized by Women Act of 1994 (42 U.S.C. 14041a) is restitution to victims of crime, and other sexual assault, without regard to the age of amended to read as follows: monies resulting from a judgment or sen- the individual.’’; and ‘‘SEC. 40802. GRANT FOR TRAINING AND SERV- tence rendered by any court or tribunal of (2) in paragraph (2)— ICES TO END VIOLENCE AGAINST competent jurisdiction handling criminal or (A) in subparagraph (B), by striking ‘‘non- WOMEN IN LATER LIFE. traffic cases in the State. profit, nongovernmental organizations for ‘‘(a) DEFINITIONS.—In this section— ‘‘(5) REGULATIONS.—The Secretary shall programs and activities’’ and inserting ‘‘non- ‘‘(1) the term ‘eligible entity’ means an en- issue regulations prescribing the time and governmental or tribal programs and activi- tity that— manner in which State designated entities ties’’; and ‘‘(A) is— must submit notices of past-due, legally en- (B) in subparagraph (C)(v), by striking ‘‘(i) a State; forceable State judicial debts and the nec- ‘‘linguistically and’’. ‘‘(ii) a unit of local government; essary information that must be contained (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) a tribal government or tribal organi- in or accompany such notices. The regula- Section 41601(f)(1) of the Violence Against zation; tions shall specify the types of State judicial Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is ‘‘(iv) a population specific organization monies and the minimum amount of debt to amended by striking ‘‘$50,000,000 to remain with demonstrated experience in assisting which the reduction procedure established by available until expended for each of the fis- individuals in later life; paragraph (1) may be applied. The regula- cal years 2007 through 2011’’ and inserting ‘‘(v) a victim service provider; or tions shall require State designated entities ‘‘$40,000,000 to remain available until ex- ‘‘(vi) a State, tribal, or territorial domes- to pay a fee to reimburse the Secretary for pended for each of fiscal years 2012 through tic violence or sexual assault coalition; and the cost of applying such procedure. Any fee 2016’’. ‘‘(B) is partnered with—

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CREATING HOPE THROUGH OUTREACH, for handling the requirements of court pro- ‘‘(ii) an office of a prosecutor; OPTIONS, SERVICES, AND EDU- tective orders issued to or against students; ‘‘(iii) a victim service provider; or CATION FOR CHILDREN AND YOUTH. ‘‘(C) provide support services for student ‘‘(iv) a nonprofit program or government (a) IN GENERAL.—Subtitle L of the Vio- victims of domestic violence, dating vio- agency with demonstrated experience in as- lence Against Women Act of 1994 is amended lence, sexual assault or stalking, such as a sisting individuals in later life; by striking sections 41201 through 41204 (42 resource person who is either on-site or on- ‘‘(2) the term ‘exploitation’ means domes- U.S.C. 14043c through 14043c–3) and inserting call; tic violence, dating violence, sexual assault, the following: ‘‘(D) provide scientifically valid edu- or stalking; ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- cational programming for students regarding ‘‘(3) the term ‘later life’, relating to an in- REACH, OPTIONS, SERVICES, AND domestic violence, dating violence, sexual dividual, means the individual is 60 years of EDUCATION FOR CHILDREN AND assault, and stalking that is produced by ac- YOUTH (‘CHOOSE CHILDREN & credited entities; or age or older; and YOUTH’). ‘‘(E) develop strategies to increase identi- ‘‘(4) the term ‘neglect’ means the failure of ‘‘(a) GRANTS AUTHORIZED.—The Attorney fication, support, referrals, and prevention a caregiver or fiduciary to provide the goods General, working in collaboration with the programming for youth who are at high risk or services that are necessary to maintain Secretary of Health and Human Services and of domestic violence, dating violence, sexual the health or safety of an individual in later the Secretary of Education, shall award assault, or stalking. life. grants to enhance the safety of youth and ‘‘(c) ELIGIBLE APPLICANTS.— children who are victims of, or exposed to, ‘‘(b) GRANT PROGRAM.— ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(1) GRANTS AUTHORIZED.—The Attorney domestic violence, dating violence, sexual a grant under this section, an entity shall General may make grants to eligible entities assault, or stalking and prevent future vio- be— to carry out the activities described in para- lence. ‘‘(A) a victim service provider, tribal non- graph (2). ‘‘(b) PROGRAM PURPOSES.—Funds provided profit, or population-specific or community- ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI- under this section may be used for the fol- based organization with a demonstrated his- TIES.— lowing program purpose areas: tory of effective work addressing the needs ‘‘(A) MANDATORY ACTIVITIES.—An eligible ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- of youth, including runaway or homeless entity receiving a grant under this section SPOND TO YOUTH.—To develop, expand, and youth, who are victims of domestic violence, shall use the funds received under the grant strengthen victim-centered interventions dating violence, sexual assault, or stalking; to— and services that target youth who are vic- or ‘‘(i) provide training programs to assist tims of domestic violence, dating violence, ‘‘(B) a victim service provider that is law enforcement agencies, prosecutors, agen- sexual assault, and stalking. Services may partnered with an entity that has a dem- cies of States or units of local government, include victim services, counseling, advo- onstrated history of effective work address- population specific organizations, victim cacy, mentoring, educational support, trans- ing the needs of youth. service providers, victim advocates, and rel- portation, legal assistance in civil, criminal ‘‘(2) PARTNERSHIPS.— evant officers in Federal, tribal, State, terri- and administrative matters, such as family ‘‘(A) EDUCATION.—To be eligible to receive torial, and local courts in recognizing and law cases, housing cases, child welfare pro- a grant for the purposes described in sub- addressing instances of elder abuse; ceedings, campus administrative pro- section (b)(2), an entity described in para- ‘‘(ii) provide or enhance services for vic- ceedings, and civil protection order pro- graph (1) shall be partnered with a public, tims of elder abuse; ceedings, services to address the co-occur- charter, tribal, or nationally accredited pri- ‘‘(iii) establish or support multidisci- rence of sex trafficking, population-specific vate middle or high school, a school adminis- plinary collaborative community responses services, and other activities that support tered by the Department of Defense under to victims of elder abuse; and youth in finding safety, stability, and justice section 2164 of title 10, United States Code or ‘‘(iv) conduct cross-training for law en- and in addressing the emotional, cognitive, section 1402 of the Defense Dependents’ Edu- forcement agencies, prosecutors, agencies of and physical effects of trauma. Funds may cation Act of 1978, a group of schools, a States or units of local government, attor- be used to— school district, or an institution of higher neys, health care providers, population spe- ‘‘(A) assess and analyze currently available education. cific organizations, faith-based advocates, services for youth victims of domestic vio- ‘‘(B) OTHER PARTNERSHIPS.—All applicants victim service providers, and courts to better lence, dating violence, sexual assault, and under this section are encouraged to work in serve victims of elder abuse. stalking, determining relevant barriers to partnership with organizations and agencies ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible such services in a particular locality, and de- that work with the relevant population. entity receiving a grant under this section veloping a community protocol to address Such entities may include— may use not more than 10 percent of the such problems collaboratively; ‘‘(i) a State, tribe, unit of local govern- funds received under the grant to— ‘‘(B) develop and implement policies, prac- ment, or territory; ‘‘(i) provide training programs to assist at- tices, and procedures to effectively respond ‘‘(ii) a population specific or community- torneys, health care providers, faith-based to domestic violence, dating violence, sexual based organization; leaders, or other community-based organiza- assault, or stalking against youth; or ‘‘(iii) batterer intervention programs or tions in recognizing and addressing instances ‘‘(C) provide technical assistance and sex offender treatment programs with spe- of elder abuse; or training to enhance the ability of school per- cialized knowledge and experience working ‘‘(ii) conduct outreach activities and sonnel, victim service providers, child pro- with youth offenders; or awareness campaigns to ensure that victims tective service workers, staff of law enforce- ‘‘(iv) any other agencies or nonprofit, non- of elder abuse receive appropriate assistance. ment agencies, prosecutors, court personnel, governmental organizations with the capac- ‘‘(3) UNDERSERVED POPULATIONS.—In mak- individuals who work in after school pro- ity to provide effective assistance to the ing grants under this section, the Attorney grams, medical personnel, social workers, adult, youth, and child victims served by the General shall give priority to proposals pro- mental health personnel, and workers in partnership. viding culturally specific or population spe- other programs that serve children and ‘‘(d) GRANTEE REQUIREMENTS.—Applicants cific services. youth to improve their ability to appro- for grants under this section shall establish ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— priately respond to the needs of children and and implement policies, practices, and proce- There is authorized to be appropriated to youth who are victims of domestic violence, dures that— carry out this section $9,000,000 for each of dating violence, sexual assault, stalking, as ‘‘(1) require and include appropriate refer- fiscal years 2012 through 2016.’’. well as runaway and homeless youth, and to ral systems for child and youth victims; properly refer such children, youth, and ‘‘(2) protect the confidentiality and privacy TITLE III—SERVICES, PROTECTION, AND their families to appropriate services. of child and youth victim information, par- JUSTICE FOR YOUNG VICTIMS OF VIO- ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION ticularly in the context of parental or third LENCE AND PROTECTION.—To enable middle schools, party involvement and consent, mandatory high schools, and institutions of higher edu- SEC. 301. RAPE PREVENTION EDUCATION GRANT. reporting duties, and working with other cation to— service providers all with priority on victim Section 393A of the Public Health Service ‘‘(A) provide training to school personnel, safety and autonomy; and Act (42 U.S.C. 280b–1b) is amended— including healthcare providers and security ‘‘(3) ensure that all individuals providing (1) in subsection (a)— personnel, on the needs of students who are intervention or prevention programming to (A) in the matter preceding paragraph (1), victims of domestic violence, dating vio- children or youth through a program funded by inserting ‘‘, territorial or tribal’’ after lence, sexual assault, or stalking; under this section have completed, or will ‘‘crisis centers, State’’; and ‘‘(B) develop and implement prevention complete, sufficient training in connection (B) in paragraph (6), by inserting ‘‘and al- and intervention policies in middle and high with domestic violence, dating violence, sex- cohol’’ after ‘‘about drugs’’; and schools, including appropriate responses to, ual assault, and stalking. (2) in subsection (c)(1), by striking and identification and referral procedures ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— ‘‘$80,000,000 for each of fiscal years 2007 for, students who are experiencing or perpe- In this section, the definitions and grant through 2011’’ and inserting ‘‘$50,000,000 for trating domestic violence, dating violence, conditions provided for in section 40002 shall each of fiscal years 2012 through 2016’’. sexual assault, or stalking, and procedures apply.

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‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (iii) by inserting after subparagraph (C), (B) by inserting after ‘‘Hate Crime Statis- There is authorized to be appropriated to the following: tics Act.’’ the following: ‘‘For the offenses of carry out this section $15,000,000 for each of ‘‘(D) describe how underserved populations domestic violence, dating violence, and fiscal years 2012 through 2016. in the campus community will be adequately stalking, such statistics shall be compiled in ‘‘(g) ALLOTMENT.— served, including the provision of relevant accordance with the definitions used in sec- ‘‘(1) IN GENERAL.—Not less than 50 percent population specific services;’’; and tion 40002(a) of the Violence Against Women of the total amount appropriated under this (B) in paragraph (3), by striking ‘‘2007 Act of 1994 (42 U.S.C. 13925(a)).’’; section for each fiscal year shall be used for through 2011’’ and inserting ‘‘2012 through (5) by striking paragraph (8) and inserting the purposes described in subsection (b)(1). 2016’’; the following: ‘‘(2) INDIAN TRIBES.—Not less than 10 per- (4) in subsection (d)— ‘‘(8)(A) Each institution of higher edu- cent of the total amount appropriated under (A) by redesignating paragraph (3) as para- cation participating in any program under this section for each fiscal year shall be graph (4); and this title and title IV of the Economic Op- made available for grants under the program (B) by inserting after paragraph (2), the portunity Act of 1964, other than a foreign authorized by section 2015 of the Omnibus following: institution of higher education, shall develop Crime Control and Safe Streets Act of 1968. ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— and distribute as part of the report described ‘‘(h) PRIORITY.—The Attorney General Each grantee shall comply with the fol- in paragraph (1) a statement of policy re- shall prioritize grant applications under this lowing minimum requirements during the garding— section that coordinate with prevention pro- grant period: ‘‘(i) such institution’s programs to prevent grams in the community.’’. ‘‘(A) The grantee shall create a coordi- domestic violence, dating violence, sexual (b) VAWA GRANT REQUIREMENTS.—Section assault, and stalking; and 40002(b) of the Violence Against Women Act nated community response including both organizations external to the institution and ‘‘(ii) the procedures that such institution of 1994 (42 U.S.C. 13925(b)) is amended by add- will follow once an incident of domestic vio- ing at the end the following: relevant divisions of the institution. ‘‘(B) The grantee shall establish a manda- lence, dating violence, sexual assault, or ‘‘(12) REQUIREMENT FOR SCIENTIFICALLY tory prevention and education program on stalking has been reported. VALID PROGRAMS.—All grant funds made ‘‘(B) The policy described in subparagraph domestic violence, dating violence, sexual available by this Act shall be used to provide (A) shall address the following areas: assault, and stalking for all incoming stu- scientifically valid educational program- ‘‘(i) Possible sanctions or protective meas- dents. ming, training, public awareness commu- ures that such institution may impose fol- ‘‘(C) The grantee shall train all campus law nications regarding domestic violence, dat- lowing a final determination of an institu- enforcement to respond effectively to domes- ing violence, sexual assault, and stalking tional disciplinary procedure regarding rape, tic violence, dating violence, sexual assault, that is produced by accredited entities, as acquaintance rape, domestic violence, dating and stalking. appropriate.’’. violence, sexual assault, or stalking. ‘‘(D) The grantee shall train all members SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ‘‘(ii) Procedures victims should follow if a of campus disciplinary boards to respond ef- ON CAMPUSES. sex offense, domestic violence, dating vio- fectively to situations involving domestic vi- Section 304 of the Violence Against Women lence, sexual assault, or stalking has oc- olence, dating violence, sexual assault, or and Department of Justice Reauthorization curred, including information in writing stalking.’’; and Act of 2005 (42 U.S.C. 14045b) is amended— about— (5) in subsection (e), by striking ‘‘there (1) in subsection (a)— ‘‘(I) the importance of preserving evidence are’’ and all that follows through the period (A) in paragraph (1)— as may be necessary to the proof of criminal and inserting ‘‘there is authorized to be ap- (i) by striking ‘‘stalking on campuses, domestic violence, dating violence, sexual propriated $12,000,000 for each of fiscal years and’’ and inserting ‘‘stalking on campuses,’’; assault, or stalking, or in obtaining a protec- 2012 through 2016.’’. (ii) by striking ‘‘crimes against women on’’ tion order; and inserting ‘‘crimes on’’; and SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC ‘‘(II) to whom the alleged offense should be (iii) by inserting ‘‘, and to develop and VIOLENCE, DATING VIOLENCE, AND reported; strengthen prevention education and aware- STALKING EDUCATION AND PRE- ‘‘(III) options regarding law enforcement VENTION. ness programs’’ before the period; and and campus authorities, including notifica- (B) in paragraph (2), by striking ‘‘$500,000’’ (a) IN GENERAL.—Section 485(f) of the High- tion of the victim’s option to— and inserting ‘‘$300,000’’; er Education Act of 1965 (20 U.S.C. 1092(f)) is ‘‘(aa) notify proper law enforcement au- (2) in subsection (b)— amended— thorities, including on-campus and local po- (A) in paragraph (2)— (1) in paragraph (1)(F)— lice; (i) by inserting ‘‘, strengthen,’’ after ‘‘To (A) in clause (i)(VIII), by striking ‘‘and’’ ‘‘(bb) be assisted by campus authorities in develop’’; and after the semicolon; notifying law enforcement authorities if the (ii) by inserting ‘‘including the use of tech- (B) in clause (ii)— victim so chooses; and nology to commit these crimes,’’ after ‘‘sex- (i) by striking ‘‘sexual orientation’’ and in- ‘‘(cc) decline to notify such authorities; ual assault and stalking,’’; serting ‘‘national origin, sexual orienta- and (B) in paragraph (4)— tion,’’; and ‘‘(IV) where applicable, the rights of vic- (i) by inserting ‘‘and population specific (ii) by striking the period and inserting ‘‘; tims and the institution’s responsibilities re- services’’ after ‘‘strengthen victim services and’’; and garding orders of protection, no contact or- programs’’; (C) by adding at the end the following: ders, restraining orders, or similar lawful or- (ii) by striking ‘‘entities carrying out’’ and ‘‘(iii) of domestic violence, dating violence, ders issued by a criminal, civil, or tribal all that follows through ‘‘stalking victim and stalking incidents that were reported to court. services programs’’ and inserting ‘‘victim campus security authorities or local police ‘‘(iii) Information about how the institu- service providers’’; and agencies.’’; tion will protect the confidentiality of vic- (iii) by inserting ‘‘, regardless of whether (2) in paragraph (3), by inserting ‘‘, that tims, including how publicly-available rec- the services are provided by the institution withholds the names of victims as confiden- ordkeeping will be accomplished without the or in coordination with community victim tial,’’ after ‘‘that is timely’’; inclusion of identifying information about service providers’’ before the period at the (3) in paragraph (6)(A)— the victim, to the extent permissible by law. end; and (A) by redesignating clauses (i), (ii), and ‘‘(iv) Notification of students about exist- (C) by adding at the end the following: (iii) as clauses (ii), (iii), and (iv), respec- ing counseling, health, mental health, vic- ‘‘(9) To provide scientifically valid edu- tively; tim advocacy, legal assistance, and other cational programming for students regarding (B) by inserting before clause (ii), as redes- services available for victims both on-cam- domestic violence, dating violence, sexual ignated by subparagraph (A), the following: pus and in the community. assault, and stalking that is produced by ac- ‘‘(i) The terms ‘dating violence’, ‘domestic ‘‘(v) Notification of victims about options credited entities. violence’, and ‘stalking’ have the meaning for, and available assistance in, changing ‘‘(10) To develop or adapt population spe- given such terms in section 40002(a) of the academic, living, transportation, and work- cific strategies and projects for victims of Violence Against Women Act of 1994 (42 ing situations, if so requested by the victim domestic violence, dating violence, sexual U.S.C. 13925(a)).’’; and and if such accommodations are reasonably assault, and stalking from underserved popu- (C) by inserting after clause (iv), as redes- available, regardless of whether the victim lations on campus.’’; ignated by subparagraph (A), the following: chooses to report the crime to campus police (3) in subsection (c)— ‘‘(v) The term ‘sexual assault’ means an of- or local law enforcement. (A) in paragraph (2)— fense classified as a forcible or nonforcible ‘‘(C) A student or employee who reports to (i) in subparagraph (B), by striking ‘‘any sex offense under the uniform crime report- an institution of higher education that the non-profit’’ and all that follows through ing system of the Federal Bureau of Inves- student or employee has been a victim of do- ‘‘victim services programs’’ and inserting tigation.’’; mestic violence, dating violence, sexual as- ‘‘victim service providers’’; (4) in paragraph (7)— sault, or stalking, whether the offense oc- (ii) by redesignating subparagraphs (D) (A) by striking ‘‘paragraph (1)(F)’’ and in- curred on or off campus, shall be provided through (F) as subparagraphs (E) through serting ‘‘clauses (i) and (ii) of paragraph with a written explanation of the student or (G), respectively; and (1)(F)’’; and employee’s rights and options, as described

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Such a pro- provide necessary expertise to meet the (6) in paragraph (9), by striking ‘‘The Sec- gram should include— goals of the program. retary’’ and inserting ‘‘The Secretary, in ‘‘(A) scientifically valid age appropriate ‘‘(d) GRANTEE REQUIREMENTS.— consultation with the Attorney General of education that is produced by accredited en- ‘‘(1) IN GENERAL.—Applicants for grants the United States,’’; tities on domestic violence, dating violence, under this section shall prepare and submit (7) by striking paragraph (16) and inserting sexual assault, stalking, and sexual coercion, to the Director an application at such time, the following: as well as healthy relationship skills, in in such manner, and containing such infor- ‘‘(16)(A) The Secretary shall seek the ad- school, in the community, or in health care mation as the Director may require that vice and counsel of the Attorney General of settings; demonstrates the capacity of the applicant the United States concerning the develop- ‘‘(B) community-based collaboration and and partnering organizations to undertake ment, and dissemination to institutions of training for those with influence on youth, the project. higher education, of best practices informa- such as parents, teachers, coaches, ‘‘(2) POLICIES AND PROCEDURES.—Applicants tion about campus safety and emergencies. healthcare providers, faith-leaders, older under this section shall establish and imple- ‘‘(B) The Secretary shall seek the advice teens, and mentors; ment policies, practices, and procedures and counsel of the Attorney General of the ‘‘(C) education and outreach to change en- that— United States and the Secretary of Health vironmental factors contributing to domes- ‘‘(A) include appropriate referral systems and Human Services concerning the develop- tic violence, dating violence, sexual assault, to direct any victim identified during pro- ment, and dissemination to institutions of and stalking; and gram activities to highly qualified follow-up higher education, of best practices informa- ‘‘(D) policy development targeted to pre- care; tion about preventing and responding to in- vention, including school-based policies and ‘‘(B) protect the confidentiality and pri- cidents of domestic violence, dating vio- protocols. vacy of adult and youth victim information, lence, sexual assault, and stalking, including ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND particularly in the context of parental or elements of institutional policies that have ABUSE.—To develop, maintain or enhance third party involvement and consent, man- proven successful based on evidence-based programs designed to prevent future inci- datory reporting duties, and working with outcome measurements.’’; and dents of domestic violence, dating violence, other service providers; (8) by striking paragraph (17) and inserting sexual assault, and stalking by preventing, ‘‘(C) ensure that all individuals providing the following: reducing and responding to children’s expo- prevention programming through a program ‘‘(17) No officer, employee, or agent of an sure to violence in the home. Such programs funded under this section have completed or institution participating in any program may include— will complete sufficient training in connec- under this title shall retaliate, intimidate, ‘‘(A) providing services for children ex- tion with domestic violence, dating violence, threaten, coerce, or otherwise discriminate posed to domestic violence, dating violence, sexual assault or stalking; and against any individual for exercising their sexual assault or stalking, including direct ‘‘(D) document how prevention programs rights or responsibilities under any provision counseling or advocacy, and support for the are coordinated with service programs in the of this subsection.’’. non-abusing parent; and community. ‘‘(B) training and coordination for edu- (b) EFFECTIVE DATE.—The amendments ‘‘(3) PREFERENCE.—In selecting grant re- made by this section shall take effect with cational, after-school, and childcare pro- cipients under this section, the Attorney respect to the annual security report under grams on how to safely and confidentially General shall give preference to applicants section 485(f)(1) of the Higher Education Act identify children and families experiencing that— of 1965 (20 U.S.C. 1092(f)(1)) prepared by an in- domestic violence, dating violence, sexual ‘‘(A) include outcome-based evaluation; assault, or stalking and properly refer chil- stitution of higher education 1 calendar year and dren exposed and their families to services after the date of enactment of this Act, and ‘‘(B) identify any other community, school, and violence prevention programs. each subsequent calendar year. or State-based efforts that are working on ‘‘(c) ELIGIBLE ENTITIES.—To be an eligible domestic violence, dating violence, sexual TITLE IV—VIOLENCE REDUCTION to receive a grant under this section, an en- PRACTICES tity shall be— assault, or stalking prevention and explain ‘‘(1) a victim service provider, community- how the grantee or partnership will add SEC. 401. STUDY CONDUCTED BY THE CENTERS value, coordinate with other programs, and FOR DISEASE CONTROL AND PRE- based organization, tribe or tribal organiza- VENTION. tion, or other non-profit, nongovernmental not duplicate existing efforts. ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— Section 402(c) of the Violence Against organization that has a history of effective In this section, the definitions and grant Women and Department of Justice Reauthor- work preventing domestic violence, dating conditions provided for in section 40002 shall ization Act of 2005 (42 U.S.C. 280b–4(c)) is violence, sexual assault, or stalking and ex- apply. amended by striking ‘‘$2,000,000 for each of pertise in the specific area for which they ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the fiscal years 2007 through 2011’’ and in- are applying for funds; or There is authorized to be appropriated to serting ‘‘$500,000 for each of fiscal years 2012 ‘‘(2) a partnership between a victim service carry out this section $15,000,000 for each of through 2016’’. provider, community-based organization, fiscal years 2012 through 2016. SEC. 402. SAVING MONEY AND REDUCING TRAGE- tribe or tribal organization, or other non- ‘‘(g) ALLOTMENT.— DIES THROUGH PREVENTION profit, nongovernmental organization that ‘‘(1) IN GENERAL.—Not less than 25 percent GRANTS. has a history of effective work preventing of the total amounts appropriated under this (a) SMART PREVENTION.—Section 41303 of domestic violence, dating violence, sexual section in each fiscal year shall be used for the Violence Against Women Act of 1994 (42 assault, or stalking and at least one of the each set of purposes described in paragraphs U.S.C. 14043d–2) is amended to read as fol- following: (1), (2), and (3) of subsection (a). lows: ‘‘(A) A public, charter, tribal, or nationally ‘‘(2) INDIAN TRIBES.—Not less than 10 per- ‘‘SEC. 41303. SAVING MONEY AND REDUCING accredited private middle or high school, a cent of the total amounts appropriated under TRAGEDIES THROUGH PREVENTION school administered by the Department of this section in each fiscal year shall be made (SMART PREVENTION). Defense under section 2164 of title 10, United available for grants to Indian tribes or tribal ‘‘(a) GRANTS AUTHORIZED.—The Attorney States Code or section 1402 of the Defense organizations.’’. General, in consultation with the Secretary Dependents’ Education Act of 1978, a group (b) REPEALS.—The following provisions are of Health and Human Services and the Sec- of schools, or a school district. repealed: retary of Education, is authorized to award ‘‘(B) A local community-based organiza- (1) Sections 41304 and 41305 of the Violence grants for the purpose of preventing domes- tion, population-specific organization, or Against Women Act of 1994 (42 U.S.C. 14043d– tic violence, dating violence, sexual assault, faith-based organization that has established 3 and 14043d–4). and stalking by taking a comprehensive ap- expertise in providing services to youth. (2) Section 403 of the Violence Against proach that focuses on youth, children ex- ‘‘(C) A community-based organization, pop- Women and Department of Justice Reauthor- posed to violence, and men as leaders and ulation-specific organization, university or ization Act of 2005 (42 U.S.C. 14045c). influencers of social norms. health care clinic, faith-based organization, TITLE V—STRENGTHENING THE ‘‘(b) USE OF FUNDS.—Funds provided under or other non-profit, nongovernmental orga- HEALTHCARE SYSTEM’S RESPONSE TO this section may be used for the following nization. DOMESTIC VIOLENCE, DATING VIO- purposes: ‘‘(D) A nonprofit, nongovernmental entity LENCE, SEXUAL ASSAULT, AND STALK- ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND providing services for runaway or homeless ING PREVENTION.—To develop, maintain, or en- youth affected by domestic violence, dating SEC. 501. CONSOLIDATION OF GRANTS TO hance programs that change attitudes and violence, sexual assault, or stalking. STRENGTHEN THE HEALTHCARE behaviors around the acceptability of domes- ‘‘(E) Healthcare entities eligible for reim- SYSTEM’S RESPONSE TO DOMESTIC tic violence, dating violence, sexual assault, bursement under title XVIII of the Social Se- VIOLENCE, DATING VIOLENCE, SEX- and stalking and provide education and curity Act, including providers that target UAL ASSAULT, AND STALKING. skills training to young individuals and indi- the special needs of children and youth. (a) GRANTS.—Section 399P of the Public viduals who influence young individuals. The ‘‘(F) Any other agencies, population-spe- Health Service Act (42 U.S.C. 280g–4) is prevention program may use evidence-based, cific organizations, or nonprofit, nongovern- amended to read as follows:

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PENSES.—A grantee shall use not more than quality improvement measurements; and ‘‘(a) IN GENERAL.—The Secretary shall 10 percent of the amounts received under a award grants for— ‘‘(iv) the provision of training and follow- grant under this section for administrative ‘‘(1) the development or enhancement and up technical assistance to health care profes- expenses. implementation of interdisciplinary training sionals, and public health staff, and allied ‘‘(3) APPLICATION.— health professionals to identify, assess, for health professionals, public health staff, ‘‘(A) PREFERENCE.—In selecting grant re- treat, and refer clients who are victims of and allied health professionals; cipients under this section, the Secretary domestic violence, dating violence, sexual ‘‘(2) the development or enhancement and shall give preference to applicants based on assault, or stalking, including using tools implementation of education programs for the strength of their evaluation strategies, and training materials already developed. medical, nursing, dental, and other health with priority given to outcome based evalua- ‘‘(2) PERMISSIBLE USES.— profession students and residents to prevent tions. ‘‘(A) CHILD AND ELDER ABUSE.—To the ex- and respond to domestic violence, dating vio- ‘‘(B) SUBSECTION (a)(1) AND (2) GRANTEES.— tent consistent with the purpose of this sec- lence, sexual assault, and stalking; and Applications for grants under paragraphs (1) tion, a grantee may use amounts received ‘‘(3) the development or enhancement and and (2) of subsection (a) shall include— under this section to address, as part of a ‘‘(i) documentation that the applicant rep- implementation of comprehensive statewide comprehensive programmatic approach im- resents a team of entities working collabo- strategies to improve the response of clinics, plemented under the grant, issues relating to ratively to strengthen the response of the public health facilities, hospitals, and other child or elder abuse. health settings (including behavioral and health care system to domestic violence, ‘‘(B) RURAL AREAS.—Grants funded under dating violence, sexual assault, or stalking, mental health programs) to domestic vio- paragraphs (1) and (2) of subsection (a) may and which includes at least one of each of— lence, dating violence, sexual assault, and be used to offer to rural areas community- stalking. based training opportunities, which may in- ‘‘(I) an accredited school of allopathic or SE OF FUNDS.— ‘‘(b) U clude the use of distance learning networks osteopathic medicine, psychology, nursing, ‘‘(1) REQUIRED USES.—Amounts provided and other available technologies needed to dentistry, social work, or other health field; under a grant under this section shall be reach isolated rural areas, for medical, nurs- ‘‘(II) a health care facility or system; or used to— ing, and other health profession students and ‘‘(III) a government or nonprofit entity ‘‘(A) fund interdisciplinary training and residents on domestic violence, dating vio- with a history of effective work in the fields education programs under paragraphs (1) and lence, sexual assault, stalking, and, as appro- of domestic violence, dating violence, sexual (2) of subsection (a) that— priate, other forms of violence and abuse. assault, or stalking; and ‘‘(i) are designed to train medical, psy- ‘‘(C) OTHER USES.—Grants funded under ‘‘(ii) strategies for the dissemination and chology, dental, social work, nursing, and subsection (a)(3) may be used for— sharing of curricula and other educational other health profession students, interns, ‘‘(i) the development of training modules materials developed under the grant, if any, residents, fellows, or current health care pro- and policies that address the overlap of child with other interested health professions viders to identify and provide health care abuse, domestic violence, dating violence, schools and national resource repositories services (including mental or behavioral sexual assault, and stalking and elder abuse, for materials on domestic violence, dating health care services and referrals to appro- as well as childhood exposure to domestic violence, sexual assault, and stalking. priate community services) to individuals and sexual violence; ‘‘(C) SUBSECTION (a)(3) GRANTEES.—An enti- who are or who have been victims of domes- ‘‘(ii) the development, expansion, and im- ty desiring a grant under subsection (a)(3) tic violence, dating violence, sexual assault, plementation of sexual assault forensic med- shall submit an application to the Secretary or stalking; and ical examination or sexual assault nurse ex- at such time, in such a manner, and con- ‘‘(ii) plan and develop culturally com- aminer programs; taining such information and assurances as petent clinical training components for inte- ‘‘(iii) the inclusion of the health effects of the Secretary may require, including— gration into approved internship, residency, lifetime exposure to violence and abuse as ‘‘(i) documentation that all training, edu- and fellowship training or continuing med- well as related protective factors and behav- cation, screening, assessment, services, ical or other health education training that ioral risk factors in health professional treatment, and any other approach to pa- address physical, mental, and behavioral training schools including medical, dental, tient care will be informed by an under- health issues, including protective factors, nursing, social work, and mental and behav- standing of violence and abuse victimization related to domestic violence, dating vio- ioral health curricula, and allied health serv- and trauma-specific approaches that will be lence, sexual assault, stalking, and other ice training courses; or integrated into prevention, intervention, and forms of violence and abuse, focus on reduc- ‘‘(iv) the integration of knowledge of do- treatment activities; ing health disparities and preventing vio- mestic violence, dating violence, sexual as- ‘‘(ii) strategies for the development and lence and abuse, and include the primacy of sault, and stalking into health care accredi- implementation of policies to prevent and victim safety and confidentiality; tation and professional licensing examina- address domestic violence, dating violence, ‘‘(B) design and implement comprehensive tions, such as medical, dental, social work, sexual assault, and stalking over the lifespan strategies to improve the response of the and nursing boards, and where appropriate, in health care settings; health care system to domestic or sexual vi- other allied health exams. ‘‘(iii) a plan for consulting with State and olence in clinical and public health settings, ‘‘(c) REQUIREMENTS FOR GRANTEES.— tribal domestic violence or sexual assault hospitals, clinics, and other health settings ‘‘(1) CONFIDENTIALITY AND SAFETY.— coalitions, national nonprofit victim advo- (including behavioral and mental health), ‘‘(A) IN GENERAL.—Grantees under this sec- cacy organizations, State or tribal law en- under subsection (a)(3) through— tion shall ensure that all programs developed forcement task forces (where appropriate), ‘‘(i) the implementation, dissemination, with grant funds address issues of confiden- and population specific organizations with and evaluation of policies and procedures to tiality and patient safety and comply with demonstrated expertise in domestic violence, guide health professionals and public health applicable confidentiality and nondisclosure dating violence, sexual assault, or stalking; staff in identifying and responding to domes- requirements under section 40002(b)(2) of the ‘‘(iv) with respect to an application for a tic violence, dating violence, sexual assault, Violence Against Women Act of 1994 and the and stalking, including strategies to ensure Family Violence Prevention and Services grant under which the grantee will have con- that health information is maintained in a Act, and that faculty and staff associated tact with patients, a plan, developed in col- manner that protects the patient’s privacy with delivering educational components are laboration with local victim service pro- and safety, and safely uses health informa- fully trained in procedures that will protect viders, to respond appropriately to and make tion technology to improve documentation, the immediate and ongoing security and con- correct referrals for individuals who disclose identification, assessment, treatment, and fidentiality of the patients, patient records, that they are victims of domestic violence, follow-up care; and staff. Such grantees shall consult enti- dating violence, sexual assault, stalking, or ‘‘(ii) the development of on-site access to ties with demonstrated expertise in the con- other types of violence, and documentation services to address the safety, medical, and fidentiality and safety needs of victims of provided by the grantee of an ongoing col- mental health needs of patients by increas- domestic violence, dating violence, sexual laborative relationship with a local victim ing the capacity of existing health care pro- assault, and stalking on the development service provider; and fessionals and public health staff to address and adequacy of confidentially and security ‘‘(v) with respect to an application for a domestic violence, dating violence, sexual procedures, and provide documentation of grant proposing to fund a program described assault, and stalking, or by contracting with such consultation. in subsection (b)(2)(C)(ii), a certification that any sexual assault forensic medical examina- or hiring domestic or sexual assault advo- ‘‘(B) ADVANCE NOTICE OF INFORMATION DIS- tion and sexual assault nurse examiner pro- cates to provide such services or to model CLOSURE.—Grantees under this section shall other services appropriate to the geographic provide to patients advance notice about any grams supported with such grant funds will and cultural needs of a site; circumstances under which information may adhere to the guidelines set forth by the At- ‘‘(iii) the development of measures and be disclosed, such as mandatory reporting torney General. methods for the evaluation of the practice of laws, and shall give patients the option to ‘‘(d) ELIGIBLE ENTITIES.—

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‘‘(1) IN GENERAL.—To be eligible to receive domestic violence, dating violence, sexual ‘‘(F) the program under paragraph (3) of funding under paragraph (1) or (2) of sub- assault, and stalking; section 221(d) of the National Housing Act (12 section (a), an entity shall be— ‘‘(C) research on the impact of domestic, U.S.C. 1715l(d)) that bears interest at a rate ‘‘(A) a nonprofit organization with a his- dating and sexual violence, childhood expo- determined under the proviso under para- tory of effective work in the field of training sure to such violence, and stalking on the graph (5) of such section 221(d); health professionals with an understanding health care system, health care utilization, ‘‘(G) the program under section 236 of the of, and clinical skills pertinent to, domestic health care costs, and health status; and National Housing Act (12 U.S.C. 1715z–1); violence, dating violence, sexual assault, or ‘‘(D) research on the impact of adverse ‘‘(H) the programs under sections 6 and 8 of stalking, and lifetime exposure to violence childhood experiences on adult experience the United States Housing Act of 1937 (42 and abuse; with domestic violence, dating violence, sex- U.S.C. 1437d and 1437f); ‘‘(B) an accredited school of allopathic or ual assault, stalking, and adult health out- ‘‘(I) rural housing assistance provided osteopathic medicine, psychology, nursing, comes, including how to reduce or prevent under sections 514, 515, 516, 533, and 538 of the dentistry, social work, or allied health; the impact of adverse childhood experiences Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, ‘‘(C) a health care provider membership or through the health care setting. 1490m, and 1490p–2); and professional organization, or a health care ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(J) the low income housing tax credit pro- system; or There is authorized to be appropriated to gram under section 42 of the Internal Rev- ‘‘(D) a State, tribal, territorial, or local en- carry out this section $10,000,000 for each of enue Code of 1986. tity. fiscal years 2012 through 2016. ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TER- ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be el- ‘‘(h) DEFINITIONS.—Except as otherwise MINATION OF ASSISTANCE OR EVICTION.— igible to receive funding under subsection provided herein, the definitions provided for ‘‘(1) IN GENERAL.—An applicant for or ten- (a)(3), an entity shall be— in section 40002 of the Violence Against ant of housing assisted under a covered hous- ‘‘(A) a State department (or other division) Women Act of 1994 shall apply to this sec- ing program may not be denied admission to, of health, a State, tribal, or territorial do- tion.’’. denied assistance under, terminated from mestic violence or sexual assault coalition (b) REPEALS.—The following provisions are participation in, or evicted from the housing or victim service provider, or any other non- repealed: on the basis that the applicant or tenant is profit, nongovernmental organization with a (1) Section 40297 of the Violence Against or has been a victim of domestic violence, history of effective work in the fields of do- Women Act of 1994 (42 U.S.C. 13973). dating violence, sexual assault, or stalking, mestic violence, dating violence, sexual as- (2) Section 758 of the Public Health Service if the applicant or tenant otherwise qualifies sault, or stalking, and health care, including Act (42 U.S.C. 294h). for admission, assistance, participation, or physical or mental health care; or TITLE VI—SAFE HOMES FOR VICTIMS OF occupancy. ‘‘(B) a local victim service provider, a local DOMESTIC VIOLENCE, DATING VIO- ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- department (or other division) of health, a LENCE, SEXUAL ASSAULT, AND STALK- cident of actual or threatened domestic vio- local health clinic, hospital, or health sys- ING lence, dating violence, sexual assault, or tem, or any other community-based organi- SEC. 601. HOUSING PROTECTIONS FOR VICTIMS stalking shall not be construed as— zation with a history of effective work in the OF DOMESTIC VIOLENCE, DATING ‘‘(A) a serious or repeated violation of a field of domestic violence, dating violence, VIOLENCE, SEXUAL ASSAULT, AND lease for housing assisted under a covered sexual assault, or stalking and health care, STALKING. housing program by the victim or threatened including physical or mental health care. (a) AMENDMENT.—Subtitle N of the Vio- victim of such incident; or ‘‘(e) TECHNICAL ASSISTANCE.— lence Against Women Act of 1994 (42 U.S.C. ‘‘(B) good cause for terminating the assist- ‘‘(1) IN GENERAL.—Of the funds made avail- 14043e et seq.) is amended— ance, tenancy, or occupancy rights to hous- able to carry out this section for any fiscal (1) by inserting after the subtitle heading ing assisted under a covered housing pro- year, the Secretary may make grants or the following: gram of the victim or threatened victim of enter into contracts to provide technical as- ‘‘CHAPTER 1—GRANT PROGRAMS’’; such incident. sistance with respect to the planning, devel- (2) in section 41402 (42 U.S.C. 14043e–1), in ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL opment, and operation of any program, ac- the matter preceding paragraph (1), by strik- ACTIVITY.— tivity or service carried out pursuant to this ing ‘‘subtitle’’ and inserting ‘‘chapter’’; ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND section. Not more than 8 percent of the funds (3) in section 41403 (42 U.S.C. 14043e–2), in OCCUPANCY RIGHTS PROHIBITED.—No person appropriated under this section in each fiscal the matter preceding paragraph (1), by strik- may deny assistance, tenancy, or occupancy year may be used to fund technical assist- ing ‘‘subtitle’’ and inserting ‘‘chapter’’; and rights to housing assisted under a covered ance under this subsection. (4) by adding at the end the following: housing program to a tenant solely on the ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- ‘‘CHAPTER 2—HOUSING RIGHTS basis of criminal activity directly relating to domestic violence, dating violence, sexual retary shall make publicly available mate- ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VIC- rials developed by grantees under this sec- TIMS OF DOMESTIC VIOLENCE, DAT- assault, or stalking that is engaged in by a tion, including materials on training, best ING VIOLENCE, SEXUAL ASSAULT, member of the household of the tenant or practices, and research and evaluation. AND STALKING. any guest or other person under the control ‘‘(3) REPORTING.—The Secretary shall pub- ‘‘(a) DEFINITIONS.—In this chapter: of the tenant, if the tenant or an affiliated lish a biennial report on— ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- individual of the tenant is the victim or ‘‘(A) the distribution of funds under this filiated individual’ means, with respect to an threatened victim of such domestic violence, section; and individual— dating violence, sexual assault, or stalking. ‘‘(B) the programs and activities supported ‘‘(A) a spouse, parent, brother, sister, or ‘‘(B) BIFURCATION.— by such funds. child of that individual, or an individual to ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(f) RESEARCH AND EVALUATION.— whom that individual stands in loco paragraph (A), a public housing agency or ‘‘(1) IN GENERAL.—Of the funds made avail- parentis; or owner or manager of housing assisted under able to carry out this section for any fiscal ‘‘(B) any individual, tenant, or lawful occu- a covered housing program may bifurcate a year, the Secretary may use not more than pant living in the household of that indi- lease for the housing in order to evict, re- 20 percent to make a grant or enter into a vidual. move, or terminate assistance to any indi- contract for research and evaluation of— ‘‘(2) APPROPRIATE AGENCY.—The term ‘ap- vidual who is a tenant or lawful occupant of ‘‘(A) grants awarded under this section; propriate agency’ means, with respect to a the housing and who engages in criminal ac- and covered housing program, the Executive de- tivity directly relating to domestic violence, ‘‘(B) other training for health professionals partment (as defined in section 101 of title 5, dating violence, sexual assault, or stalking and effective interventions in the health United States Code) that carries out the cov- against an affiliated individual or other indi- care setting that prevent domestic violence, ered housing program. vidual, without evicting, removing, termi- dating violence, and sexual assault across ‘‘(3) COVERED HOUSING PROGRAM.—The term nating assistance to, or otherwise penalizing the lifespan, prevent the health effects of ‘covered housing program’ means— a victim of such criminal activity who is such violence, and improve the safety and ‘‘(A) the program under section 202 of the also a tenant or lawful occupant of the hous- health of individuals who are currently being Housing Act of 1959 (12 U.S.C. 1701q); ing. victimized. ‘‘(B) the program under section 811 of the ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- ‘‘(2) RESEARCH.—Research authorized in Cranston-Gonzalez National Affordable ANTS.—If public housing agency or owner or paragraph (1) may include— Housing Act (42 U.S.C. 8013); manager of housing assisted under a covered ‘‘(A) research on the effects of domestic vi- ‘‘(C) the program under subtitle D of title housing program evicts, removes, or termi- olence, dating violence, sexual assault, and VIII of the Cranston-Gonzalez National Af- nates assistance to an individual under childhood exposure to domestic, dating or fordable Housing Act (42 U.S.C. 12901 et seq.); clause (i), and the individual is the sole ten- sexual violence on health behaviors, health ‘‘(D) the program under subtitle A of title ant eligible to receive assistance under a conditions, and health status of individuals, IV of the McKinney-Vento Homeless Assist- covered housing program, the public housing families, and populations, including under- ance Act (42 U.S.C. 11360 et seq.); agency or owner or manager of housing as- served populations; ‘‘(E) the program under subtitle A of title sisted under the covered housing program ‘‘(B) research to determine effective health II of the Cranston-Gonzalez National Afford- shall provide any remaining tenant an oppor- care interventions to respond to and prevent able Housing Act (42 U.S.C. 12741 et seq.); tunity to establish eligibility for the covered

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If a tenant described in the the 14-day deadline under subparagraph (A) ered housing program receives documenta- preceding sentence cannot establish eligi- at its discretion. tion under this subsection that contains con- bility, the public housing agency or owner or ‘‘(3) FORM OF DOCUMENTATION.—A form of flicting information, the public housing manager of the housing shall provide the documentation described in this paragraph agency or owner or manager may require an tenant a reasonable time, as determined by is— applicant or tenant to submit third-party the appropriate agency, to find new housing ‘‘(A) a certification form approved by the documentation, as described in subparagraph or to establish eligibility for housing under appropriate agency that— (B), (C), or (D) of paragraph (3). another covered housing program. ‘‘(i) states that an applicant or tenant is a ‘‘(8) PREEMPTION.—Nothing in this sub- ‘‘(C) RULES OF CONSTRUCTION.—Nothing in victim of domestic violence, dating violence, section shall be construed to supersede any subparagraph (A) shall be construed— sexual assault, or stalking; provision of any Federal, State, or local law ‘‘(i) to limit the authority of a public hous- ‘‘(ii) states that the incident of domestic that provides greater protection than this ing agency or owner or manager of housing violence, dating violence, sexual assault, or subsection for victims of domestic violence, assisted under a covered housing program, stalking that is the ground for protection dating violence, sexual assault, or stalking. when notified of a court order, to comply under subsection (b) meets the requirements ‘‘(d) NOTIFICATION.— with a court order with respect to— under subsection (b); and ‘‘(1) DEVELOPMENT.—The Secretary of ‘‘(I) the rights of access to or control of ‘‘(iii) includes the name of the individual Housing and Urban Development shall de- property, including civil protection orders who committed the domestic violence, dat- velop a notice of the rights of individuals issued to protect a victim of domestic vio- ing violence, sexual assault, or stalking, if under this section, including the right to lence, dating violence, sexual assault, or the name is known and safe to provide; confidentiality and the limits thereof. stalking; or ‘‘(B) a document that— ‘‘(2) PROVISION.—Each public housing agen- ‘‘(II) the distribution or possession of prop- ‘‘(i) is signed by— cy or owner or manager of housing assisted erty among members of a household in a ‘‘(I) an employee, agent, or volunteer of a under a covered housing program shall pro- case; victim service provider, an attorney, a med- vide the notice developed under paragraph ‘‘(ii) to limit any otherwise available au- ical professional, or a mental health profes- (1), together with the form described in sub- thority of a public housing agency or owner sional from whom an applicant or tenant has section (c)(3)(A), to an applicant for or ten- or manager of housing assisted under a cov- sought assistance relating to domestic vio- ants of housing assisted under a covered ered housing program to evict or terminate lence, dating violence, sexual assault, or housing program— assistance to a tenant for any violation of a stalking, or the effects of the abuse; and ‘‘(A) at the time the applicant is denied lease not premised on the act of violence in ‘‘(II) the applicant or tenant; and residency in a dwelling unit assisted under the covered housing program; question against the tenant or an affiliated ‘‘(ii) states under penalty of perjury that ‘‘(B) at the time the individual is admitted person of the tenant, if the public housing the individual described in clause (i)(I) be- to a dwelling unit assisted under the covered agency or owner or manager does not subject lieves that the incident of domestic violence, housing program; an individual who is or has been a victim of dating violence, sexual assault, or stalking ‘‘(C) with any notification of eviction or domestic violence, dating violence, or stalk- that is the ground for protection under sub- notification of termination of assistance; ing to a more demanding standard than section (b) meets the requirements under and other tenants in determining whether to subsection (b); ‘‘(C) a record of a Federal, State, tribal, ‘‘(D) in multiple languages, consistent with evict or terminate; territorial, or local law enforcement agency, guidance issued by the Secretary of Housing ‘‘(iii) to limit the authority to terminate court, or administrative agency; or and Urban Development in accordance with assistance to a tenant or evict a tenant from ‘‘(D) at the discretion of a public housing Executive Order 13166 (42 U.S.C. 2000d–1 note; housing assisted under a covered housing agency or owner or manager of housing as- relating to access to services for persons program if a public housing agency or owner sisted under a covered housing program, a with limited English proficiency). or manager of the housing can demonstrate statement or other evidence provided by an ‘‘(e) EMERGENCY TRANSFERS.—Each appro- that an actual and imminent threat to other applicant or tenant. priate agency shall adopt a model emergency tenants or individuals employed at or pro- ‘‘(4) CONFIDENTIALITY.—Any information transfer plan for use by public housing agen- viding service to the property would be submitted to a public housing agency or cies and owners or managers of housing as- present if the assistance is not terminated or owner or manager under this subsection, in- sisted under covered housing programs the tenant is not evicted; or cluding the fact that an individual is a vic- that— ‘‘(iv) to supersede any provision of any tim of domestic violence, dating violence, ‘‘(1) allows tenants who are victims of do- Federal, State, or local law that provides sexual assault, or stalking shall be main- mestic violence, dating violence, sexual as- greater protection than this section for vic- tained in confidence by the public housing sault, or stalking to transfer to another tims of domestic violence, dating violence, agency or owner or manager and may not be available and safe dwelling unit assisted sexual assault, or stalking. entered into any shared database or dis- under a covered housing program if— ‘‘(c) DOCUMENTATION.— closed to any other entity or individual, ex- ‘‘(A) the tenant expressly requests the ‘‘(1) REQUEST FOR DOCUMENTATION.—If an cept to the extent that the disclosure is— transfer; and applicant for, or tenant of, housing assisted ‘‘(A) requested or consented to by the indi- ‘‘(B)(i) the tenant reasonably believes that under a covered housing program represents vidual in writing; the tenant is threatened with imminent to a public housing agency or owner or man- ‘‘(B) required for use in an eviction pro- harm from further violence if the tenant re- ager of the housing that the individual is en- ceeding under subsection (b); or mains within the same dwelling unit assisted titled to protection under subsection (b), the ‘‘(C) otherwise required by applicable law. under a covered housing program; or public housing agency or owner or manager ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- ‘‘(ii) in the case of a tenant who is a victim may request, in writing, that the applicant ing in this subsection shall be construed to of sexual assault, the sexual assault occurred or tenant submit to the public housing agen- require a public housing agency or owner or on the premises during the 90 day period pre- cy or owner or manager a form of docu- manager of housing assisted under a covered ceding the request for transfer; and mentation described in paragraph (3). housing program to request that an indi- ‘‘(2) incorporates reasonable confiden- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— vidual submit documentation of the status of tiality measures to ensure that the public ‘‘(A) IN GENERAL.—If an applicant or tenant the individual as a victim of domestic vio- housing agency or owner or manager does does not provide the documentation re- lence, dating violence, sexual assault, or not disclose the location of the dwelling unit quested under paragraph (1) within 14 busi- stalking. of a tenant to a person that commits an act ness days after the tenant receives a request ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- of domestic violence, dating violence, sexual in writing for such certification from a pub- STITUTE EVIDENCE OF UNREASONABLE ACT.— assault, or stalking against the tenant. ‘‘(f) POLICIES AND PROCEDURES FOR EMER- lic housing agency or owner or manager of Compliance with subsection (b) by a public GENCY TRANSFER.—The Secretary of Housing housing assisted under a covered housing housing agency or owner or manager of hous- and Urban Development shall establish poli- program, nothing in this chapter may be ing assisted under a covered housing pro- cies and procedures under which a victim re- construed to limit the authority of the pub- gram based on documentation received under questing an emergency transfer under sub- lic housing agency or owner or manager to— this subsection, shall not be sufficient to section (e) may receive, subject to the avail- ‘‘(i) deny admission by the applicant or constitute evidence of an unreasonable act ability of tenant protection vouchers, assist- tenant to the covered program; or omission by the public housing agency or ance under section 8(o) of the United States ‘‘(ii) deny assistance under the covered owner or manager or an employee or agent of Housing Act of 1937 (42 U.S.C. 1437f(o)). program to the applicant or tenant; the public housing agency or owner or man- ‘‘(g) IMPLEMENTATION.—The appropriate ‘‘(iii) terminate the participation of the ager. Nothing in this paragraph shall be con- agency with respect to each covered housing applicant or tenant in the covered program; strued to limit the liability of a public hous- program shall implement this section, as or ing agency or owner or manager of housing this section applies to the covered housing ‘‘(iv) evict the applicant, the tenant, or a assisted under a covered housing program for program.’’. lawful occupant that commits violations of a failure to comply with subsection (b). (b) CONFORMING AMENDMENTS.— lease. ‘‘(7) RESPONSE TO CONFLICTING CERTIFI- (1) SECTION 6.—Section 6 of the United ‘‘(B) EXTENSION.—A public housing agency CATION.—If a public housing agency or owner States Housing Act of 1937 (42 U.S.C. 1437d) is or owner or manager of housing may extend or manager of housing assisted under a cov- amended—

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2879 (A) in subsection (c)— (ii) provides greater protection for victims by striking subparagraph (D) and inserting (i) by striking paragraph (3); and of domestic violence, dating violence, sexual the following: (ii) by redesignating paragraphs (4) and (5) assault, and stalking than this Act; or ‘‘(D) CREDIBLE EVIDENCE CONSIDERED.—In as paragraphs (3) and (4), respectively; (C) to disqualify an owner, manager, or adjudicating applications under this para- (B) in subsection (l)— other individual from participating in or re- graph, the Secretary of Homeland Security (i) in paragraph (5), by striking ‘‘, and that ceiving the benefits of the low income hous- shall consider any credible evidence relevant an incident or incidents of actual or threat- ing tax credit program under section 42 of to the application, including credible evi- ened domestic violence, dating violence, or the Internal Revenue Code of 1986 because of dence submitted by a national of the United stalking will not be construed as a serious or noncompliance with the provisions of this States or an alien lawfully admitted for per- repeated violation of the lease by the victim Act. manent residence accused of the conduct de- or threatened victim of that violence and SEC. 602. TRANSITIONAL HOUSING ASSISTANCE scribed in subparagraph (A)(i). The deter- will not be good cause for terminating the GRANTS FOR VICTIMS OF DOMESTIC mination of what evidence is credible and tenancy or occupancy rights of the victim of VIOLENCE, DATING VIOLENCE, SEX- the weight to be given that evidence shall be such violence’’; and UAL ASSAULT, AND STALKING. within the sole discretion of the Secretary of (ii) in paragraph (6), by striking ‘‘; except Chapter 11 of the Violence Against Women Homeland Security. that’’ and all that follows through ‘‘stalk- Act of 1994 (42 U.S.C. 13975 et seq.) is amend- ‘‘(E) FRAUD DETECTION EFFORTS.— ing.’’; and ed— ‘‘(i) IN GENERAL.—Upon filing of an applica- (C) by striking subsection (u). (1) in the chapter heading, by striking tion under this paragraph, the Director of (2) SECTION 8.—Section 8 of the United ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, United States Citizenship and Immigration States Housing Act of 1937 (42 U.S.C. 1437f) is STALKING, OR SEXUAL ASSAULT’’ and in- Services shall— amended— serting ‘‘VICTIMS OF DOMESTIC VIO- ‘‘(I) review such an application for com- (A) in subsection (c), by striking paragraph LENCE, DATING VIOLENCE, SEXUAL AS- pleteness and clear indicators of fraud or (9); SAULT, OR STALKING’’; and misrepresentation of material fact; (B) in subsection (d)(1)— (2) in section 40299 (42 U.S.C. 13975)— ‘‘(II) conduct an in-person interview of the (i) in subparagraph (A), by striking ‘‘and (A) in the header, by striking ‘‘child victims alien who filed the application; and that an applicant or participant is or has of domestic violence, stalking, or sexual assault’’ ‘‘(III) facilitate cooperation between the been a victim of domestic violence, dating and inserting ‘‘victims of domestic violence, dating service center that adjudicates all applica- violence, or stalking is not an appropriate violence, sexual assault, or stalking’’; tions under this paragraph and the local basis for denial of program assistance or for (B) in subsection (a)(1), by striking ‘‘flee- service centers that have the resources to in- denial of admission if the applicant other- ing’’; and vestigate and interview the applicant to re- wise qualifies for assistance or admission’’; (C) in subsection (g)— view any evidence that may pertain to the and (i) in paragraph (1), by striking ‘‘$40,000,000 application. (ii) in subparagraph (B)— for each of fiscal years 2007 through 2011’’ ‘‘(ii) GUIDELINES.—The Director may issue (I) in clause (ii), by striking ‘‘, and that an and inserting ‘‘$35,000,000 for each of fiscal guidelines for alternatives to the in-person incident or incidents of actual or threatened years 2012 through 2016’’; and interview so long as the guidelines do not domestic violence, dating violence, or stalk- (ii) in paragraph (3)— jeopardize national security and include ing will not be construed as a serious or re- (I) in subparagraph (A), by striking ‘‘eligi- measures to detect fraud and abuse. peated violation of the lease by the victim or ble’’ and inserting ‘‘qualified’’; and ‘‘(iii) EVIDENCE.—The Director may gather threatened victim of that violence and will (II) by adding at the end the following: other evidence and interview other wit- not be good cause for terminating the ten- ‘‘(D) QUALIFIED APPLICATION DEFINED.—In nesses, including the accused United States ancy or occupancy rights of the victim of this paragraph, the term ‘qualified applica- citizen or legal permanent resident, if such such violence’’; and tion’ means an application that— individual consents to be interviewed. (II) in clause (iii), by striking ‘‘, except ‘‘(i) has been submitted by an eligible ap- ‘‘(F) PRIORITY OF ONGOING IMMIGRATION AND that:’’ and all that follows through ‘‘stalk- plicant; LAW ENFORCEMENT INVESTIGATIONS OR PROS- ing.’’; ‘‘(ii) does not propose any significant ac- ECUTIONS.— (C) in subsection (f)— tivities that may compromise victim safety; ‘‘(i) DETERMINATION.—During the adjudica- (i) in paragraph (6), by adding ‘‘and’’ at the ‘‘(iii) reflects an understanding of the dy- tion of an application under this paragraph, end; namics of domestic violence, dating violence, the Director shall determine whether any Federal, State, territorial, tribal, or local (ii) in paragraph (7), by striking the semi- sexual assault, or stalking; and law enforcement agency has undertaken an colon at the end and inserting a period; and ‘‘(iv) does not propose prohibited activi- (iii) by striking paragraphs (8), (9), (10), and investigation or prosecution of the peti- ties, including mandatory services for vic- (11); tioning alien for— tims, background checks of victims, or clin- (D) in subsection (o)— ‘‘(I) conduct relating to the battering or ical evaluations to determine eligibility for (i) in paragraph (6)(B), by striking the last abuse alleged by the petitioning alien under services.’’. sentence; this paragraph; (ii) in paragraph (7)— SEC. 603. ADDRESSING THE HOUSING NEEDS OF ‘‘(II) a violation of any immigration law; (I) in subparagraph (C), by striking ‘‘and VICTIMS OF DOMESTIC VIOLENCE, or DATING VIOLENCE, SEXUAL AS- that an incident or incidents of actual or SAULT, AND STALKING. ‘‘(III) a violation of any other criminal threatened domestic violence, dating vio- Subtitle N of the Violence Against Women law. lence, or stalking shall not be construed as a Act of 1994 (42 U.S.C. 14043e et seq.) is amend- ‘‘(ii) USE OF INFORMATION.—If such an in- serious or repeated violation of the lease by ed— vestigation or prosecution was commenced, the victim or threatened victim of that vio- (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), the investigative officer of United States lence and shall not be good cause for termi- by striking ‘‘$10,000,000 for each of fiscal Citizenship and Immigration Services shall— nating the tenancy or occupancy rights of years 2007 through 2011’’ and inserting ‘‘(I) obtain as much information as possible the victim of such violence’’; and ‘‘$4,000,000 for each of fiscal years 2012 about the investigation or prosecution; and (II) in subparagraph (D), by striking ‘‘; ex- through 2016’’; and ‘‘(II) consider that information as part of cept that’’ and all that follows through (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), the adjudication of the application. ‘‘stalking.’’; and by striking ‘‘$10,000,000 for each of fiscal ‘‘(iii) PENDING INVESTIGATION.—If such an (iii) by striking paragraph (20); and years 2007 through 2011’’ and inserting investigation or prosecution is pending, the (E) by striking subsection (ee). ‘‘$4,000,000 for each of fiscal years 2012 adjudication of the application shall be (3) RULE OF CONSTRUCTION.—Nothing in this through 2016’’. stayed pending the conclusion of the inves- Act, or the amendments made by this Act, tigation or prosecution. If no investigation shall be construed— TITLE VII—ECONOMIC SECURITY FOR has been undertaken or if a prosecutor’s of- (A) to limit the rights or remedies avail- VICTIMS OF VIOLENCE fice has not commenced a prosecution after able to any person under section 6 or 8 of the SEC. 701. NATIONAL RESOURCE CENTER ON the matter was referred to it, that fact shall United States Housing Act of 1937 (42 U.S.C. WORKPLACE RESPONSES TO ASSIST be considered by the investigative officer as 1437d and 1437f), as in effect on the day before VICTIMS OF DOMESTIC AND SEXUAL part of the adjudication of the application. VIOLENCE. the date of enactment of this Act; ‘‘(iv) EFFECT OF DETERMINATION TO REMOVE Section 41501(e) of the Violence Against (B) to limit any right, remedy, or proce- OR INDICT.—If such an investigation deter- dure otherwise available under any provision Women Act of 1994 (42 U.S.C. 14043f(e)) is mines that the alien is removable, or if the of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, amended by striking ‘‘fiscal years 2007 alien is indicted, the application under this 966, 982, or 983 of title 24, Code of Federal through 2011’’ and inserting ‘‘fiscal years 2012 paragraph shall be denied. through 2016’’. Regulations, that— ‘‘(v) EFFECT OF NOT GUILTY DETERMINA- (i) was issued under the Violence Against TITLE VIII—IMMIGRATION PROVISIONS TION.—If an investigation has been under- Women and Department of Justice Reauthor- SEC. 801. APPLICATION OF SPECIAL RULE FOR taken and a determination was made that a ization Act of 2005 (Public Law 109–162; 119 BATTERED SPOUSE OR CHILD. prosecution was not warranted or if a crimi- Stat. 2960) or an amendment made by that Section 240A(b)(2) of the Immigration and nal proceeding finds the United States cit- Act; and Nationality Act (8 U.S.C. 1229b) is amended izen or legal permanent resident not guilty

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2880 CONGRESSIONAL RECORD — SENATE April 26, 2012 of the charges, such determination shall be name of the component of the Department of grant Responsibility Act of 1996 (8 U.S.C. binding and the application under this para- Justice responsible for prosecuting viola- 1367(b)) is amended— graph shall be denied. tions of the International Marriage Broker (1) in paragraph (1)— ‘‘(G) EFFECT OF MATERIAL MISREPRESENTA- Act of 2005 (subtitle D of Public Law 109-162; (A) by inserting ‘‘Secretary of Homeland TION.—If an alien makes a material misrepre- 119 Stat. 3066) and the amendments made by Security or the’’ before ‘‘Attorney General sentation during the application process this title. may’’; and under this paragraph, the Secretary of (b) REGULATION OF INTERNATIONAL MAR- (B) by inserting ‘‘Secretary’s or the’’ be- Homeland Security shall— RIAGE BROKERS.—Section 833(d) of the Inter- fore ‘‘Attorney General’s discretion’’; ‘‘(i) deny the application and remove the national Marriage Broker Regulation Act of (2) in paragraph (2)— alien on an expedited basis; and 2005 (8 U.S.C. 1375a(d)) is amended as follows: (A) by inserting ‘‘Secretary of Homeland ‘‘(ii) make the alien ineligible for any tax- (1) By amending paragraph (1) to read as Security or the’’ before ‘‘Attorney General payer funded benefits or immigration bene- follows: may’’; fits.’’. ‘‘(1) PROHIBITION ON MARKETING OF OR TO (B) by inserting ‘‘Secretary or the’’ before CHILDREN.— SEC. 802. CLARIFICATION OF THE REQUIRE- ‘‘Attorney General for’’; and MENTS APPLICABLE TO U VISAS. ‘‘(A) IN GENERAL.—An international mar- (C) by inserting ‘‘in a manner that protects Section 214(p)(1) of the Immigration and riage broker shall not provide any individual the confidentiality of such information’’ Nationality Act (8 U.S.C. 1184(p)(1)) is or entity with personal contact information, after ‘‘law enforcement purpose’’; amended as follows: photograph, or general information about (3) in paragraph (5), by striking ‘‘Attorney (1) By striking ‘‘The petition’’ and insert- the background or interests of any indi- General is’’ and inserting ‘‘Secretary of ing the following: vidual under the age of 18. Homeland Security and the Attorney Gen- ‘‘(B) COMPLIANCE.—To comply with the re- ‘‘(A) IN GENERAL.—The petition’’. eral are’’; and (2) By adding at the end the following: quirements of subparagraph (A), an inter- (4) by adding at the end a new paragraph as national marriage broker shall— ‘‘(B) CERTIFICATION REQUIREMENTS.—Each follows: certification submitted under subparagraph ‘‘(i) obtain a valid copy of each foreign na- ‘‘(8) Notwithstanding subsection (a)(2), the (A) shall confirm under penalty of perjury tional client’s birth certificate or other Secretary of Homeland Security, the Sec- that— proof of age document issued by an appro- retary of State, or the Attorney General ‘‘(i) the petitioner reported the criminal priate government entity; may provide in the discretion of either such activity to a law enforcement agency within ‘‘(ii) indicate on such certificate or docu- Secretary or the Attorney General for the 120 days of its occurrence; ment the date it was received by the inter- disclosure of information to national secu- ‘‘(ii) the statute of limitations for pros- national marriage broker; rity officials to be used solely for a national ecuting an offense based on the criminal ac- ‘‘(iii) retain the original of such certificate security purpose in a manner that protects tivity has not lapsed; or document for 5 years after such date of re- the confidentiality of such information.’’. ceipt; and ‘‘(iii) the criminal activity is actively (b) GUIDELINES.—Section 384(d) of the Ille- under investigation or a prosecution has ‘‘(iv) produce such certificate or document gal Immigration Reform and Immigrant Re- been commenced; and upon request to an appropriate authority sponsibility Act of 1996 (8 U.S.C. 1367(d)) is ‘‘(iv) the petitioner has provided to a law charged with the enforcement of this para- amended by inserting ‘‘and severe forms of enforcement agency information that will graph.’’. trafficking in persons or criminal activity assist in identifying the perpetrator of the (2) In paragraph (2)(B)(ii), by striking ‘‘or listed in section 101(a)(15)(U) of the Immigra- criminal activity, or the perpetrator’s iden- stalking.’’ and inserting ‘‘stalking, or an at- tion and Nationality Act (8 U.S.C. tity is known. tempt to commit any such crime.’’. 1101(a)(15)(u))’’ after ‘‘domestic violence’’. (3) In paragraph (5)(B)— ‘‘(C) REQUIREMENT FOR CERTIFICATION.—No (c) IMPLEMENTATION.—Not later than 180 (A) by striking ‘‘In circumstances’’ and in- application for a visa under section days after the date of enactment of this Act, serting the following: 101(a)(15)(U) may be granted unless accom- the Attorney General and Secretary of ‘‘(i) IN GENERAL.—In circumstances’’; and panied by the certification as described in Homeland Security shall provide the guid- (B) by adding at the end the following: this paragraph.’’. ance required by section 384(d) of the Illegal ‘‘(ii) FRAUDULENT FAILURES OF UNITED SEC. 803. PROTECTIONS FOR A FIANCE´ E OR Immigration Reform and Immigrant Respon- STATES CLIENTS TO MAKE REQUIRED SELF-DIS- FIANCE´ OF A CITIZEN. sibility Act of 1996 (8 U.S.C. 1367(d)), con- CLOSURES.—A person who knowingly and (a) IN GENERAL.—Section 214 of the Immi- sistent with the amendments made by sub- with intent to defraud another person out- gration and Naturalization Act (8 U.S.C. sections (a) and (b). side the United States in order to recruit, so- 1184) is amended— licit, entice, or induce that other person into (d) CLERICAL AMENDMENT.—Section (1) in subsection (d)— entering a dating or matrimonial relation- 384(a)(1) of the Illegal Immigration Reform (A) in paragraph (1), by striking ‘‘crime.’’ ship, makes false or fraudulent representa- and Immigrant Responsibility Act of 1986 is and inserting ‘‘crime described in paragraph tions regarding the disclosures described in amended by striking ‘‘241(a)(2)’’ in the mat- (3)(B) and information on any permanent clause (i), (ii), (iii), or (iv) of subsection ter following subparagraph (F) and inserting protection or restraining order issued (d)(2)(B), including by failing to make any ‘‘237(a)(2)’’. against the petitioner related to any speci- such disclosures, shall be fined in accordance fied crime described in paragraph (3)(B)(i).’’; TITLE IX—SAFETY FOR INDIAN WOMEN with title 18, United States Code, imprisoned and SEC. 901. GRANTS TO INDIAN TRIBAL GOVERN- for not more than 1 year, or both.’’. (B) in paragraph (3)(B)(i), by striking MENTS. SEC. 805. GAO REPORT. ‘‘abuse, and stalking.’’ And inserting ‘‘abuse, Section 2015(a) of title I of the Omnibus (a) REQUIREMENT FOR REPORT.—Not later stalking, or an attempt to commit any such Crime Control and Safe Streets Act of 1968 than 1 year after the date of the enactment crime.’’; and (42 U.S.C. 3796gg–10(a)) is amended— of this Act, the Comptroller General of the (2) in subsection (r)— United States shall submit to the Committee (1) in paragraph (2), by inserting ‘‘sex traf- (A) in paragraph (1), by striking ‘‘crime.’’ on the Judiciary of the Senate and the Com- ficking,’’ after ‘‘sexual assault,’’; and inserting ‘‘crime described in paragraph mittee on the Judiciary of the House of Rep- (2) in paragraph (4), by inserting ‘‘sex traf- (5)(B) and information on any permanent resentatives a report regarding the adjudica- ficking,’’ after ‘‘sexual assault,’’; protection or restraining order issued tion of petitions and applications under sec- (3) in paragraph (5), by striking ‘‘and stalk- against the petitioner related to any speci- tion 101(a)(15)(U) of the Immigration and Na- ing’’ and all that follows and inserting ‘‘sex- fied crime described in subsection (5)(B)(i).’’; tionality Act (8 U.S.C. 1101(a)(15)(U)) and the ual assault, sex trafficking, and stalking;’’; and self-petitioning process for VAWA self-peti- (4) in paragraph (7)— (B) in paragraph (5)(B)(i), by striking tioners (as that term is defined in section (A) by inserting ‘‘sex trafficking,’’ after ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 101(a)(51) of the Immigration and Nationality ‘‘sexual assault,’’ each place it appears; and stalking, or an attempt to commit any such Act (8 U.S.C. 1101(a)(51)). (B) by striking ‘‘and’’ at the end; crime.’’. (b) CONTENTS.—The report required by sub- (5) in paragraph (8)— (b) PROVISION OF INFORMATION TO K NON-IM- section (a) shall— (A) by inserting ‘‘sex trafficking,’’ after MIGRANTS.—Section 883 of the International (1) assess the efficiency and reliability of ‘‘stalking,’’; and Marriage Broker Regulation Act of 2005 (8 the process for reviewing such petitions and (B) by striking the period at the end and U.S.C. 1375a) is amended in subsection applications, including whether the process inserting a semicolon; and (b)(1)(A), by striking ‘‘or’’ after ‘‘orders’’ and includes adequate safeguards against fraud (6) by adding at the end the following: inserting ‘‘and’’. and abuse; and ‘‘(9) provide services to address the needs SEC. 804. REGULATION OF INTERNATIONAL MAR- (2) identify possible improvements to the of youth who are victims of domestic vio- RIAGE BROKERS. adjudications of petitions and applications lence, dating violence, sexual assault, sex (a) IMPLEMENTATION OF THE INTERNATIONAL in order to reduce fraud and abuse. trafficking, or stalking and the needs of chil- MARRIAGE BROKER ACT OF 2005.—Not later SEC. 806. DISCLOSURE OF INFORMATION FOR NA- dren exposed to domestic violence, dating vi- than 90 days after the date of the enactment TIONAL SECURITY PURPOSES. olence, sexual assault, or stalking, including of this Act, the Attorney General shall sub- (a) INFORMATION SHARING.—Section 384(b) support for the nonabusing parent or the mit to Congress a report that includes the of the Illegal Immigration Reform and Immi- caretaker of the child; and

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2881 ‘‘(10) develop and promote legislation and (E) in paragraph (5), by striking ‘‘1 year,’’ Women and Department of Justice Reauthor- policies that enhance best practices for re- and inserting ‘‘5 years,’’; ization Act of 2005 (28 U.S.C. 534 note) is sponding to violent crimes against Indian (F) in paragraph (7)— amended by striking ‘‘fiscal years 2007 women, including the crimes of domestic vi- (i) by striking ‘‘substantial bodily injury through 2011’’ and inserting ‘‘fiscal years 2012 olence, dating violence, sexual assault, sex to an individual who has not attained the through 2016’’. trafficking, and stalking.’’. age of 16 years’’ and inserting ‘‘substantial SEC. 906. EFFECTIVE DATE. bodily injury to a spouse or intimate part- SEC. 902. GRANTS TO INDIAN TRIBAL COALI- The amendments made by this title shall TIONS. ner, a dating partner, or an individual who take effect on the date of enactment of this has not attained the age of 16 years’’; and Section 2001(d) of title I of the Omnibus Act. Crime Control and Safe Streets Act of 1968 (ii) by striking ‘‘fine’’ and inserting ‘‘a (42 U.S.C. 3796gg(d)) is amended— fine’’; and SEC. 907. TRIBAL PROTECTION ORDERS. (1) in paragraph (1)— (G) by adding at the end the following: Section 2265(e) of title 18, United States (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(8) Assault of a spouse, intimate partner, Code, is amended— at the end; or dating partner by strangling, suffocating, (1) in the subsection heading, by striking (B) in subparagraph (C), by striking the pe- or attempting to strangle or suffocate, by a ‘‘COURT JURISDICTION’’ and inserting ‘‘PRO- riod at the end and inserting ‘‘; and’’; and fine under this title, imprisonment for not TECTION ORDERS’’; (C) by adding at the end the following: more than 10 years, or both.’’; and (2) by striking ‘‘For purposes of this sec- ‘‘(D) developing and promoting State, (2) in subsection (b)— tion’’ and inserting the following: local, or tribal legislation and policies that (A) by striking ‘‘(b) As used in this sub- ‘‘(1) TRIBAL COURT JURISDICTION.—For pur- enhance best practices for responding to vio- section—’’ and inserting the following: poses of this section and subject to para- lent crimes against Indian women, including ‘‘(b) DEFINITIONS.—In this section—’’; graph (2)’’; and the crimes of domestic violence, dating vio- (B) in paragraph (1)(B), by striking ‘‘and’’ (3) by adding at the end the following: lence, sexual assault, stalking, and sex traf- at the end; ‘‘(2) UNITED STATES COURT JURISDICTION.— ficking.’’; and (C) in paragraph (2), by striking the period ‘‘(A) IN GENERAL.—An Indian tribe may pe- (2) in paragraph (2)(B), by striking ‘‘indi- at the end and inserting a semicolon; and tition a district court of the United States in viduals or’’. (D) by adding at the end the following: whose district the tribe is located for an ap- SEC. 903. CONSULTATION. ‘‘(3) the terms ‘dating partner’ and ‘spouse propriately tailored protection order exclud- Section 903 of the Violence Against Women or intimate partner’ have the meanings ing any person from areas within the Indian and Department of Justice Reauthorization given those terms in section 2266; country of the tribe. Act of 2005 (42 U.S.C. 14045d) is amended— ‘‘(4) the term ‘strangling’ means knowingly ‘‘(B) REQUIRED SHOWING.—The court shall (1) in subsection (a)— or recklessly impeding the normal breathing issue a protection order prohibiting the per- (A) by striking ‘‘and the Violence Against or circulation of the blood of a person by ap- son identified in a petition under subpara- Women Act of 2000’’ and inserting ‘‘, the Vio- plying pressure to the throat or neck, re- graph (A) from entering all or part of the In- lence Against Women Act of 2000’’; and gardless of whether that conduct results in dian country of the tribe upon a showing (B) by inserting ‘‘, and the Violence any visible injury or whether there is any in- that— Against Women Reauthorization Act of 2011’’ tent to kill or protractedly injure the vic- ‘‘(i) the person identified in the petition before the period at the end; tim; and has assaulted an Indian spouse or intimate (2) in subsection (b)— ‘‘(5) the term ‘suffocating’ means know- partner who resides or works in such Indian (A) in the matter preceding paragraph (1), ingly or recklessly impeding the normal country, or an Indian child who resides with by striking ‘‘Secretary of the Department of breathing of a person by covering the mouth or is in the care or custody of such spouse or Health and Human Services’’ and inserting of the person, the nose of the person, or both, intimate partner; and ‘‘Secretary of Health and Human Services, regardless of whether that conduct results in ‘‘(ii) a protection order is reasonably nec- the Secretary of the Interior,’’; and any visible injury or whether there is any in- essary to protect the safety and well-being of (B) in paragraph (2), by striking ‘‘and tent to kill or protractedly injure the vic- the spouse, intimate partner, or child de- stalking’’ and inserting ‘‘stalking, and sex tim.’’. scribed in clause (i). trafficking’’; and (b) INDIAN MAJOR CRIMES.—Section 1153(a) ‘‘(C) FACTORS TO CONSIDER.—In determining of title 18, United States Code, is amended by (3) by adding at the end the following: the areas from which the person identified in striking ‘‘assault with intent to commit ‘‘(c) ANNUAL REPORT.—The Attorney Gen- a protection order issued under subparagraph murder, assault with a dangerous weapon, eral shall submit to Congress an annual re- (B) shall be excluded, the court shall con- assault resulting in serious bodily injury (as port on the annual consultations required sider all appropriate factors, including the defined in section 1365 of this title)’’ and in- under subsection (a) that— places of residence, work, or school of— serting ‘‘a felony assault under section 113’’. ‘‘(i) the person identified in the protection ‘‘(1) contains the recommendations made (c) REPEAT OFFENDERS.—Section under subsection (b) by Indian tribes during order; and 2265A(b)(1)(B) of title 18, United States Code, ‘‘(ii) the spouse, intimate partner, or child the year covered by the report; is amended by inserting ‘‘or tribal’’ after described in subparagraph (B)(i). ‘‘(2) describes actions taken during the ‘‘State’’. year covered by the report to respond to rec- ‘‘(D) PENALTY FOR WILLFUL VIOLATION.—A SEC. 905. ANALYSIS AND RESEARCH ON VIO- person who willfully violates a protection ommendations made under subsection (b) LENCE AGAINST INDIAN WOMEN. order issued under subparagraph (B) shall be during the year or a previous year; and (a) IN GENERAL.—Section 904(a) of the Vio- ‘‘(3) describes how the Attorney General lence Against Women and Department of punished as provided in section 2261(b).’’. will work in coordination and collaboration Justice Reauthorization Act of 2005 (42 SEC. 908. ALASKA RURAL JUSTICE AND LAW EN- with Indian tribes, the Secretary of Health U.S.C. 3796gg–10 note) is amended— FORCEMENT COMMISSION. and Human Services, and the Secretary of (1) in paragraph (1)— The Attorney General, in consultation the Interior to address the recommendations (A) by striking ‘‘The National’’ and insert- with the Attorney General of the State of made under subsection (b). ing ‘‘Not later than 2 years after the date of Alaska, the Commissioner of Public Safety ‘‘(d) NOTICE.—Not later than 120 days be- enactment of the Violence Against Women of the State of Alaska, the Alaska Federa- fore the date of a consultation under sub- Reauthorization Act of 2011, the National’’; tion of Natives, and Federally recognized In- section (a), the Attorney General shall no- and dian tribes in the State of Alaska, shall re- tify tribal leaders of the date, time, and loca- (B) by inserting ‘‘and in Native villages’’ port to Congress not later than 1 year after tion of the consultation.’’. (as defined in section 3 of the Alaska Native the date of enactment of this Act with re- SEC. 904. AMENDMENTS TO THE FEDERAL AS- Claims Settlement Act (43 U.S.C. 1602))’’ be- spect to whether the Alaska Rural Justice SAULT STATUTE. fore the period at the end; and Law Enforcement Commission estab- (a) IN GENERAL.—Section 113 of title 18, (2) in paragraph (2)(A)— lished under Section 112(a)(1) of the Consoli- United States Code, is amended— (A) in clause (iv), by striking ‘‘and’’ at the dated Appropriations Act, 2004 should be con- (1) in subsection (a)— end; tinued and appropriations authorized for the (A) by striking paragraph (1) and inserting (B) in clause (v), by striking the period at continued work of the commission. The re- the following: the end and inserting ‘‘; and’’; and port may contain recommendations for legis- ‘‘(1) Assault with intent to commit murder (C) by adding at the end the following: lation with respect to the scope of work and or a violation of section 2241 or 2242, by a fine ‘‘(vi) sex trafficking.’’; composition of the commission. under this title, imprisonment for not more (3) in paragraph (4), by striking ‘‘this Act’’ TITLE X—VIOLENT CRIME AGAINST than 20 years, or both.’’; and inserting ‘‘the Violence Against Women WOMEN (B) in paragraph (2), by striking ‘‘felony Reauthorization Act of 2011’’; and under chapter 109A’’ and inserting ‘‘violation (4) in paragraph (5), by striking ‘‘this sec- SEC. 1001. CRIMINAL PROVISIONS RELATING TO of section 2241 or 2242’’; tion $1,000,000 for each of fiscal years 2007 and SEXUAL ABUSE. (C) in paragraph (3) by striking ‘‘and with- 2008’’ and inserting ‘‘this subsection $500,000 (a) SEXUAL ABUSE OF A MINOR OR WARD.— out just cause or excuse,’’; for each of fiscal years 2012 and 2013’’. Section 2243(b) of title 18, United States (D) in paragraph (4), by striking ‘‘six (b) AUTHORIZATION OF APPROPRIATIONS.— Code, is amended to read as follows: months’’ and inserting ‘‘1 year’’; Section 905(b)(2) of the Violence Against ‘‘(b) OFAWARD.—

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‘‘(1) OFFENSES.—It shall be unlawful for (2) by inserting after subsection (b) the fol- (A) the Secretary failed to comply with any person to knowingly engage, or know- lowing: any regulation promulgated pursuant to ingly attempt to engage, in a sexual act with ‘‘(c) APPLICABILITY TO DETENTION FACILI- such section 3(e)(1); another person who is— TIES OPERATED BY THE DEPARTMENT OF HOME- (B) the Secretary requested the Attorney ‘‘(A) in official detention or supervised by, LAND SECURITY.— General approve additional limitations to, or or otherwise under the control of, the United ‘‘(1) IN GENERAL.—Not later than 180 days exceptions from, any regulation promulgated States— after the date of enactment of the Violence pursuant to such section 3(e)(1); or ‘‘(i) during arrest; Against Women Reauthorization Act of 2011, (C) the Secretary consulted with the Attor- ‘‘(ii) during pretrial release; the Secretary of Homeland Security shall ney General to determine that the collection ‘‘(iii) while in official detention or custody; publish a final rule adopting national stand- of DNA samples is not feasible because of or ards for the detection, prevention, reduction, operational exigencies or resource limita- ‘‘(iv) while on probation, supervised re- and punishment of rape and sexual assault in tions. lease, or parole; facilities that maintain custody of aliens de- SEC. 1004. REDUCING THE RAPE KIT BACKLOG. ‘‘(B) under the professional custodial, su- tained for a violation of the immigrations Section 2(c)(3) of the DNA Analysis Back- pervisory, or disciplinary control or author- laws of the United States. log Elimination Act of 2000 (42 U.S.C. ity of the person engaging or attempting to ‘‘(2) APPLICABILITY.—The standards adopt- 14135(c)(3)) is amended by adding at the end ed under paragraph (1) shall apply to deten- engage in the sexual act; and the following: tion facilities operated by the Department of ‘‘(C) at the time of the sexual act— ‘‘(C) For each of fiscal years 2012 through Homeland Security and to detention facili- ‘‘(i) in the special maritime and territorial 2014, not less than 75 percent of the total ties operated under contract with the De- jurisdiction of the United States; grant amounts shall be awarded for a com- partment. ‘‘(ii) in a Federal prison, or in any prison, bination of purposes under paragraphs (2) ‘‘(3) COMPLIANCE.—The Secretary of Home- institution, or facility in which persons are and (3) of subsection (a).’’. land Security shall— held in custody by direction of, or pursuant SEC. 1005. REPORT ON CAPACITY UTILIZATION. to a contract or agreement with, the United ‘‘(A) assess compliance with the standards adopted under paragraph (1) on a regular (a) REPORT REQUIRED.—Not later than 2 States; or years after the date of the enactment of this ‘‘(iii) under supervision or other control by basis; and ‘‘(B) include the results of the assessments Act, the Comptroller General of the United the United States, or by direction of, or pur- States shall prepare a study on the avail- suant to a contract or agreement with, the in performance evaluations of facilities com- pleted by the Department of Homeland Secu- ability of services for victims of domestic vi- United States. olence, dating violence, sexual assault, and ‘‘(2) PENALTIES.—A person that violates rity. ‘‘(4) CONSIDERATIONS.—In adopting stand- stalking. paragraph (1) shall— (b) CONTENT.—The report required by sub- ‘‘(A) be fined under this title, imprisoned ards under paragraph (1), the Secretary of Homeland Security shall give due consider- section (a) shall address the following: for not more than 15 years, or both; and (1) The services or categories of services ‘‘(B) if, in the course of committing the ation to the recommended national stand- ards provided by the Commission under sec- that are currently being offered or provided violation of paragraph (1), the person en- to victims of domestic violence, dating vio- gages in conduct that would constitute an tion 7(e). ‘‘(d) APPLICABILITY TO CUSTODIAL FACILI- lence, sexual assault, and stalking. offense under section 2241 or 2242 if com- TIES OPERATED BY THE DEPARTMENT OF (2) The approximate number of victims re- mitted in the special maritime and terri- HEALTH AND HUMAN SERVICES.— ceiving these services. torial jurisdiction of the United States, be ‘‘(1) IN GENERAL.—Not later than 180 days (3) The approximate number of victims, subject to the penalties provided for under after the date of enactment of the Violence and the percentage of the total population of section 2241 or 2242, respectively.’’. Against Women Reauthorization Act of 2011, victims, who request services but are not (b) PENALTIES FOR SEXUAL ABUSE.— the Secretary of Health and Human Services provided services. (1) IN GENERAL.—Chapter 13 of title 18, shall publish a final rule adopting national (4) The reasons why victims are not pro- United States Code, is amended by adding at vided services, including— the end the following: standards for the detection, prevention, re- duction, and punishment of rape and sexual (A) shelter or service organization lack of ‘‘§ 250. Penalties for sexual abuse assault in facilities that maintain custody of resources; ‘‘(a) OFFENSE.—It shall be unlawful for any unaccompanied alien children (as defined in (B) shelter or organization limitations not person, in the course of committing an of- section 462(g) of the Homeland Security Act associated with funding; fense under this chapter or under section 901 of 2002 (6 U.S.C. 279(g))). (C) geographical, logistical, or physical of the Fair Housing Act (42 U.S.C. 3631) to en- ‘‘(2) APPLICABILITY.—The standards adopt- barriers; gage in conduct that would constitute an of- ed under paragraph (1) shall apply to facili- (D) characteristics of the perpetrator; and fense under chapter 109A if committed in the ties operated by the Department of Health (E) characteristics or background of the special maritime and territorial jurisdiction and Human Services and to facilities oper- victim. of the United States. ated under contract with the Department. (5) For any refusal to provide services to a ‘‘(b) PENALTIES.—A person that violates victim, the reasons for the denial of services, subsection (a) shall be subject to the pen- ‘‘(3) COMPLIANCE.—The Secretary of Health and Human Services shall— including victim characteristics or back- alties under the provision of chapter 109A ground, including— that would have been violated if the conduct ‘‘(A) assess compliance with the standards adopted under paragraph (1) on a regular (A) employment history; was committed in the special maritime and (B) criminal history; territorial jurisdiction of the United States, basis; and (C) illegal or prescription drug use; unless a greater penalty is otherwise author- ‘‘(B) include the results of the assessments (D) financial situation; ized by law.’’. in performance evaluations of facilities com- (E) status of the victim as a parent; (2) TECHNICAL AND CONFORMING AMEND- pleted by the Department of Health and (F) personal hygiene; MENT.—The table of sections for chapter 13 of Human Services. (G) current or past disease or illness; title 18, United States Code, is amended by ‘‘(4) CONSIDERATIONS.—In adopting stand- (H) religious association or belief; adding at the end the following: ards under paragraph (1), the Secretary of (I) physical characteristics of the victim or ‘‘250. Penalties for sexual abuse.’’. Health and Human Services shall give due consideration to the recommended national the provider facility SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SET- (J) gender; TINGS. standards provided by the Commission under section 7(e).’’. (K) race; (a) SUITS BY PRISONERS.—Section 7(e) of (L) national origin or status as alien; the Civil Rights of Institutionalized Persons SEC. 1003. REPORT ON COMPLIANCE WITH THE (M) failure to follow shelter or organiza- Act (42 U.S.C. 1997e(e)) is amended by insert- DNA FINGERPRINT ACT OF 2005. tion rules or procedures; ing before the period at the end the fol- (a) REPORT REQUIRED.—Not later than 180 (N) previous contact or experiences with lowing: ‘‘or the commission of a sexual act days after date of the enactment of this Act, the shelter or service organization; or (as defined in section 2246 of title 18, United the Secretary of Homeland Security shall States Code)’’. prepare and submit to the Committee on the (O) any other victim characteristic or (b) UNITED STATES AS DEFENDANT.—Section Judiciary of the Senate and the Committee background that is determined to be the 1346(b)(2) of title 28, United States Code, is on the Judiciary of the House of Representa- cause of the denial of services. amended by inserting before the period at tives a report that— (6) The frequency or prevalence of denial of the end the following: ‘‘or the commission of (1) describes, in detail, the measures and services from organizations who receive Fed- a sexual act (as defined in section 2246 of procedures taken by the Secretary to comply eral funds. title 18)’’. with any regulation promulgated pursuant (7) The frequency or prevalence of denial of (c) ADOPTION AND EFFECT OF NATIONAL to section 3(e)(1) of the DNA Analysis Back- service from organizations who do not re- STANDARDS.—Section 8 of the Prison Rape log Elimination Act of 2000 (42 U.S.C. ceive Federal funds. Elimination Act of 2003 (42 U.S.C. 15607) is 14135a(e)(1)); and SEC. 1006. MANDATORY MINIMUM SENTENCE FOR amended— (2) provides a detailed explanation of the AGGRAVATED SEXUAL ABUSE. (1) by redesignating subsection (c) as sub- circumstances and specific cases, if avail- Section 2241 of title 18, United States Code, section (e); and able, in which— is amended—

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2883 (1) in subsection (a), in the undesignated (2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ ‘‘(6) To conduct an audit consistent with matter following paragraph (2), by striking and inserting ‘‘(1)(A)(iii)’’; and subsection (n) of the samples of sexual as- ‘‘any term of years or life’’ and inserting (3) in paragraph (10), by striking ‘‘para- sault evidence that are in the possession of ‘‘not less than 10 years or imprisoned for graph (1)(A)(ii)’’ and inserting ‘‘paragraph the State or unit of local government and life’’; and (1)(A)(iii)’’. are awaiting testing.’’; (2) in subsection (b), in the undesignated (c) SUBPOENA AUTHORITY.—Section 566(e)(1) (2) in subsection (c), by adding at the end matter following paragraph (2), by striking of title 28, United States Code, is amended— the following new paragraph: ‘‘any term of years or life’’ and inserting (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU- ‘‘not less than 5 years or imprisoned for at the end; DITS.—For each of fiscal years 2012 through life’’. (2) in subparagraph (B), by striking the pe- 2016, not less than 7 percent of the grant SEC. 1007. REMOVAL OF DRUNK DRIVERS. riod at the end and inserting ‘‘; and’’; and amounts distributed under paragraph (1) (a) IN GENERAL.—Section 101(a)(43)(F) of (3) by adding at the end the following: shall be awarded for the purpose described in the Immigration and Nationality Act (8 ‘‘(C) issue administrative subpoenas in ac- subsection (a)(6).’’; and U.S.C. 1101(a)(43)(F)) is amended by striking cordance with section 3486 of title 18, solely (3) by adding at the end the following new ‘‘for which the term of imprisonment’’ and for the purpose of investigating unregistered subsection: inserting ‘‘, including a third drunk driving sex offenders (as defined in such section ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL conviction, regardless of the States in which 3486).’’. ASSAULT EVIDENCE BACKLOGS.— the convictions occurred or whether the of- SEC. 1010. MINIMUM PENALTIES FOR THE POS- ‘‘(1) ELIGIBILITY.—The Attorney General fenses are classified as misdemeanors or felo- SESSION OF CHILD PORNOGRAPHY. may award a grant under this section to a nies under State or Federal law, for which (a) CERTAIN ACTIVITIES RELATING TO MATE- State or unit of local government for the the term of imprisonment is’’. RIAL INVOLVING THE SEXUAL EXPLOITATION OF purpose described in subsection (a)(6) only if (b) EFFECTIVE DATE AND APPLICATION.— MINORS.—Section 2252(b)(2) of title 18, United the State or unit of local government— (1) EFFECTIVE DATE.—The amendment States Code, is amended by inserting after ‘‘(A) submits a plan for performing the made by subsection (a) shall take effect on ‘‘but if’’ the following: ‘‘any visual depiction audit of samples described in such sub- the date of the enactment of this Act. involved in the offense involved a prepubes- section; and (2) APPLICATION.— cent minor or a minor who had not attained ‘‘(B) includes in such plan a good-faith es- (A) IN GENERAL.—Except as provided in 12 years of age, such person shall be fined timate of the number of such samples. subparagraph (B), the amendment made by under this title and imprisoned for not less ‘‘(2) GRANT CONDITIONS.—A State or unit of subsection (a) shall apply to a conviction for than 1 year nor more than 20 years, or if’’. local government receiving a grant for the drunk driving that occurred before, on, or (b) CERTAIN ACTIVITIES RELATING TO MATE- purpose described in subsection (a)(6) shall— after such date. RIAL CONSTITUTING OR CONTAINING CHILD POR- ‘‘(A) not later than 1 year after receiving (B) TWO OR MORE PRIOR CONVICTIONS.—An NOGRAPHY.—Section 2252A(b)(2) of title 18, such grant— alien who has received two or more convic- United States Code, is amended by inserting ‘‘(i) complete the audit referred to in para- tions for drunk driving prior to the date of after ‘‘but, if’’ the following: ‘‘any image of graph (1)(A) in accordance with the plan sub- the enactment of this Act may not be sub- child pornography involved in the offense in- mitted under such paragraph; and ject to removal for the commission of an ag- volved a prepubescent minor or a minor who ‘‘(ii) for each sample of sexual assault evi- gravated felony pursuant to section had not attained 12 years of age, such person dence identified in such audit, subject to 101(a)(43)(F) of the Immigration and Nation- shall be fined under this title and imprisoned paragraph (4), enter into the Sexual Assault ality Act (8 U.S.C. 1101(a)(43)(F)), as amended for not less than 1 year nor more than 20 Forensic Evidence Registry established by subsection (a), on the basis of such con- years, or if’’. under subsection (o) the information listed victions until the date that the alien is con- SEC. 1011. AUDIT OF OFFICE FOR VICTIMS OF in subsection (o)(2); victed of a drunk driving offense after such CRIME. ‘‘(B) not later than 21 days after receiving date of enactment. (a) AUDIT.—The Comptroller General of the possession of a sample of sexual assault evi- SEC. 1008. ENHANCED PENALTIES FOR INTER- United States shall conduct an objective and dence that was not in the possession of the STATE DOMESTIC VIOLENCE RE- credible audit of the expenditure of funds by State or unit of local government at the SULTING IN DEATH, LIFE-THREAT- the Office for Victims of Crime (in this sec- ENING BODILY INJURY, PERMANENT time of such audit, subject to paragraph (4), tion referred to as the ‘‘Office’’) from the enter into the Sexual Assault Forensic Evi- DISFIGUREMENT, AND SERIOUS Crime Victims Fund established under sec- BODILY INJURY. dence Registry the information listed in sub- tion 1402 of the Victims of Crime Act of 1984 Section 2261(b) of title 18, United States section (o)(2) with respect to the sample; and (42 U.S.C. 10601) (in this section referred to as Code, is amended— ‘‘(C) not later than 30 days after a change the ‘‘Fund’’). (1) in paragraph (1), by inserting ‘‘not less in the status referred to in subsection (b) REPORT.—Not later than 9 months after than 15 years’’ after ‘‘any term of years’’; (o)(2)(A)(v) of a sample with respect to which the date of enactment of this Act, the Comp- (2) in paragraph (2), by striking ‘‘20 years’’ the State or unit of local government has en- troller General shall submit to the Com- and inserting ‘‘25 years’’; and tered information into such Registry, update mittee on the Judiciary of the Senate and (3) in paragraph (3), by striking ‘‘10 years’’ such status. the Committee on the Judiciary of the House and inserting ‘‘15 years’’. ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The of Representatives a report regarding the Attorney General may grant an extension of SEC. 1009. FINDING FUGITIVE SEX OFFENDERS audit conducted under subsection (a) that— ACT. the deadline under paragraph (2)(A) to a (1) addresses whether the Office provides (a) IN GENERAL.—Section 3486(a)(1) of title State or unit of local government that dem- amounts from the Fund to individuals or en- 18, United States Code, is amended— onstrates that more time is required for tities that support individuals who are not (1) in subparagraph (A)— compliance with such paragraph. victims of crime; (A) in clause (i)(II), by striking ‘‘or’’ at the ‘‘(4) SAMPLES EXEMPT FROM REGISTRY RE- (2) addresses whether the Office is author- end; QUIREMENT.—A State or unit of local govern- ized to provide amounts from the Fund to in- (B) by redesignating clause (ii) as clause ment is not required under paragraph (2) to dividuals or entities described in paragraph (iii); and enter into the Registry described in such (1); (C) by inserting after clause (i) the fol- paragraph information with respect to a (3) addresses whether the Office provides lowing: sample of sexual assault evidence if— amounts from the Fund for legal services for ‘‘(ii) an unregistered sex offender con- ‘‘(A) the sample is not considered criminal victims of crime; and ducted by the United States Marshals Serv- evidence (such as a sample collected anony- (4) if the Office no longer provides amounts ice, the Director of the United States Mar- mously from a victim who is unwilling to from the Fund for the services described in shals Service; or’’; and make a criminal complaint); or paragraph (3), contains an explanation for (2) in subparagraph (D)— ‘‘(B) the sample relates to a sexual assault why the Office no longer provides amounts (A) by striking ‘‘paragraph, the term’’ and for which the prosecution of each perpe- for such services. inserting the following: ‘‘paragraph— trator is barred by a statute of limitations. ‘‘(i) the term’’; TITLE XI—THE SAFER ACT ‘‘(5) DEFINITIONS.—In this subsection: (B) by striking the period at the end and SEC. 1101. SHORT TITLE. ‘‘(A) AWAITING TESTING.—The term ‘await- inserting ‘‘; and’’; and This title may be cited as the ‘‘Sexual As- ing testing’ means, with respect to a sample (C) by adding at the end the following: sault Forensic Evidence Registry Act of of sexual assault evidence, that— ‘‘(ii) the term ‘sex offender’ means an indi- 2012’’ or the ‘‘SAFER Act of 2012’’. ‘‘(i) the sample has been collected and is in vidual required to register under the Sex Of- SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING the possession of a State or unit of local gov- fender Registration and Notification Act (42 SEXUAL ASSAULT EVIDENCE BACK- ernment; U.S.C. 16901 et seq.).’’. LOGS. ‘‘(ii) DNA and other appropriate forensic (b) TECHNICAL AND CONFORMING AMEND- Section 2 of the DNA Analysis Backlog analyses have not been performed on such MENTS.—Section 3486(a) of title 18, United Elimination Act of 2000 (42 U.S.C. 14135) is sample; and States Code, is amended— amended— ‘‘(iii) the sample is related to a criminal (1) in paragraph (6)(A), by striking ‘‘United (1) in subsection (a), by adding at the end case or investigation in which final disposi- State’’ and inserting ‘‘United States’’; the following new paragraph: tion has not yet been reached.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2884 CONGRESSIONAL RECORD — SENATE April 26, 2012 ‘‘(B) FINAL DISPOSITION.—The term ‘final tion about a sample of sexual assault evi- amendment intended to be proposed by disposition’ means, with respect to a crimi- dence into the Registry shall assign to the him to the bill S. 1925, to reauthorize nal case or investigation to which a sample sample a unique numeric or alphanumeric the Violence Against Women Act of of sexual assault evidence relates— identifier. 1994; which was ordered to lie on the ‘‘(i) the conviction or acquittal of all sus- ‘‘(B) UNIQUE IDENTIFIER REQUIRED.—In as- pected perpetrators of the crime involved; signing the identifier under subparagraph table; as follows: ‘‘(ii) a determination by the State or unit (A), a State or unit of local government may On page 256, after line 17, insert the fol- of local government in possession of the sam- use a case-numbering system used for other lowing: ple that the case is unfounded; or purposes, but the Attorney General shall en- SEC. 110. FACILITATION OF STALKING, DOMESTIC ‘‘(iii) a declaration by the victim of the sure that the identifier assigned to each VIOLENCE, AND SEXUAL OFFENSES crime involved that the act constituting the sample is unique with respect to all samples BY IMPERSONATION OR OTHER basis of the crime was not committed. entered by all States and units of local gov- MEANS. ‘‘(C) POSSESSION.— ernment. (a) IN GENERAL.—Chapter 110A of title 18, ‘‘(i) IN GENERAL.—The term ‘possession’, ‘‘(4) UPDATE OF INFORMATION.—A State or United States Code, is amended by inserting used with respect to possession of a sample unit of local government that chooses to after section 2265A the following: of sexual assault evidence by a State or unit enter information about a sample of sexual of local government, includes possession by assault evidence into the Registry shall, not ‘‘§ 2265B. Electronic disclosure of identifying an individual who is acting as an agent of later than 30 days after a change in the sta- information intended to facilitate inter- the State or unit of local government for the tus of the sample referred to in paragraph state stalking, domestic violence, sexual of- collection of the sample. (2)(A)(v), update such status. fenses, or other offenses ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in ‘‘(5) INTERNET ACCESS.—The Attorney Gen- ‘‘(a) DEFINITIONS.—In this section— clause (i) shall be construed to create or eral shall make publicly available aggregate ‘‘(1) the term ‘domestic assault’ has the amend any Federal right or privilege for a non-individualized and non-personally iden- meaning given that term in section 117(b); private laboratory described in regulations tifying data gathered from the Registry, to ‘‘(2) the term ‘interactive computer serv- promulgated under section 210303 of the DNA allow for comparison of backlog data by ice’ has the meaning given that term in sec- Identification Act of 1994 (42 U.S.C. 14131).’’. States and units of local government, on an tion 230(f) of the Communications Act of 1934 SEC. 1103. SEXUAL ASSAULT FORENSIC EVI- appropriate Internet website. (47 U.S.C. 230(f)); DENCE REGISTRY. ‘‘(6) TECHNICAL ASSISTANCE.—The Attorney ‘‘(3) the term ‘means of identification’ has (a) IN GENERAL.—Section 2 of the DNA General shall— the meaning given that term in section Analysis Backlog Elimination Act of 2000 (42 ‘‘(A) provide a means by which an entity U.S.C. 14135), as amended by section 1102 of 1028(d); and that does not have access to the Internet this title, is further amended by adding at ‘‘(4) the term ‘telecommunications device’ may enter information into the Registry; the end the following new subsection: has the meaning given that term in section and ‘‘(o) SEXUAL ASSAULT FORENSIC EVIDENCE 223(h) of the Communications Act of 1934 (47 ‘‘(B) provide the technical assistance nec- REGISTRY.— U.S.C. 223(h)). ‘‘(1) IN GENERAL.—Subject to subsection (j), essary to allow States and units of local gov- ‘‘(b) OFFENSE.—It shall be unlawful for any not later than 1 year after the date of enact- ernment to participate in the Registry.’’. person to use the mail, any interactive com- ment of the SAFER Act of 2012, the Attorney (b) FUNDING.—Section 2(j) of the DNA puter service, telecommunications device, General shall establish a Sexual Assault Fo- Analysis Backlog Elimination Act of 2000 (42 electronic communication service or elec- rensic Evidence Registry (in this subsection U.S.C. 14135(j)) is amended— tronic communication system of interstate referred to as the ‘Registry’) that— (1) by inserting ‘‘and for carrying out sub- commerce, or any other facility of interstate ‘‘(A) allows States and units of local gov- section (o)’’ after ‘‘for grants under sub- or foreign commerce to knowingly and inten- ernment to enter information into the Reg- section (a)’’; and tionally publish or otherwise disclose the istry about samples of sexual assault evi- (2) by adding at the end the following new name, address, telephone number, picture, or dence that are in the possession of such sentence: ‘‘For each of fiscal years 2012 means of identification of another individual States or units of local government and are through 2016, not less than 1 percent of the with the intent, by such publication or dis- awaiting testing; and amount authorized to be appropriated under closure, to facilitate— ‘‘(B) tracks the testing and processing of the previous sentence for such fiscal year ‘‘(1) any violation of section 1589, 1591, 1592, such samples. shall be for carrying out subsection (o).’’ 2241, 2242, 2243, 2244, 2251, 2251A, 2260, 2261A, ‘‘(2) INFORMATION IN REGISTRY.— SEC. 1104. REPORTS TO CONGRESS. 2421, 2422, or 2423; ‘‘(A) IN GENERAL.—A State or unit of local Not later than 90 days after the end of each ‘‘(2) any conduct that would constitute a government that chooses to enter informa- fiscal year for which a grant is made for the violation of section 2261 if the conduct were tion into the Registry about a sample of sex- purpose described in section 2(a)(6) of the directly committed by such person; or ual assault evidence shall include the fol- DNA Analysis Backlog Elimination Act of ‘‘(3) any conduct that would constitute do- lowing information: 2000, as added by section 1102 of this title, the mestic assault if the conduct were directly ‘‘(i) The date of the sexual assault to which Attorney General shall submit to Congress a committed by such person, if such person has the sample relates. report that— a final conviction on not less than 2 separate ‘‘(ii) The city, county, or other appropriate (1) lists the States and units of local gov- prior occasions in Federal, State, or Indian locality in which the sexual assault oc- ernment that have been awarded such grants tribal court proceedings for offenses that curred. and the amount of the grant received by would be, if subject to Federal jurisdiction— ‘‘(iii) The date on which the sample was each such State or unit of local government; ‘‘(A) an assault, sexual abuse, or a serious collected. (2) states the number of extensions granted violent felony against a spouse or intimate ‘‘(iv) The date on which information relat- by the Attorney General under section partner; or ing to the sample was entered into the Reg- 2(n)(3) of the DNA Analysis Backlog Elimi- ‘‘(B) an offense under chapter 110A. istry. nation Act of 2000, as added by section 1102 of ‘‘(c) PENALTY.—Any person who commits a ‘‘(v) The status of the progression of the this title; and violation— sample through testing and other stages of (3) summarizes the processing status of the ‘‘(1) under subsection (b)(1) shall be impris- the evidentiary handling process, including samples of sexual assault evidence about oned for not more than the maximum term the identity of the entity in possession of the which information has been entered into the of imprisonment or fined not more than the sample. Sexual Assault Forensic Evidence Registry maximum fine prescribed for the punishment ‘‘(vi) The date or dates after which the established under section 2(o) of the DNA of the specific underlying crime at issue; and State or unit of local government would be Analysis Backlog Elimination Act of 2000, as ‘‘(2) under subsection (b)(3) shall be fined barred by any applicable statutes of limita- added by section 1103(a) of this title, includ- not more than the maximum fine prescribed tions from prosecuting a perpetrator of the ing the number of samples that have not for a violation of section 117, imprisoned not sexual assault for the sexual assault. been tested. more than the maximum term of imprison- ‘‘(vii) Such other information as the Attor- ment prescribed for section 117, or both.’’. ney General considers appropriate. Mrs. SHAHEEN submitted SA 2096. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- an amendment intended to be proposed MENT.—The table of sections for chapter 110A TION.—The Attorney General shall ensure by her to the bill S. 1925, to reauthorize of title 18, United States Code, is amended by that the Registry does not include person- the Violence Against Women Act of inserting after the item relating to section ally identifiable information or details about 1994; which was ordered to lie on the 2265 the following: a sexual assault that might lead to the iden- tification of the individuals involved, except table; as follows: ‘‘2265A. Repeat offenders. for the information listed in subparagraph On page 200, line 3, insert ‘‘transpor- ‘‘2265B. Electronic disclosure of identifying (A). tation,’’ after ‘‘shelter,’’. information intended to facili- ‘‘(3) SAMPLE IDENTIFICATION NUMBER.— tate interstate stalking, domes- ‘‘(A) IN GENERAL.—A State or unit of local SA 2097. Mr. BLUMENTHAL (for tic violence, sexual offenses, or government that chooses to enter informa- himself and Mr. KIRK) submitted an other offenses.’’.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0655 E:\CR\FM\A26AP6.107 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2885 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without THE CALENDAR MEET objection, it is so ordered. Mr. REID. Mr. President, I ask unan- COMMITTEE ON AGRICULTURE, NUTRITION, AND COMMITTEE ON THE JUDICIARY imous consent the Senate proceed to FORESTRY Mr. SCHUMER. Mr. President, I ask Calendar Nos. 371 through 381 en bloc, Mr. SCHUMER. Mr. President, I ask unanimous consent that the Com- all post office naming bills. unanimous consent that the Com- mittee on the Judiciary be authorized The PRESIDING OFFICER. Without mittee on Agriculture, Nutrition, and to meet during the session of the Sen- objection, it is so ordered. Forestry be authorized to meet during ate, on April 26, 2012, at 10 a.m., in SD– The Senate proceeded to consider the the session of the Senate on April 26, 226 of the Dirksen Senate Office Build- bills. 2012, at 10:30 a.m. in room SR–328A of ing, to conduct an executive business Mr. REID. I ask unanimous consent the Russell Senate Office Building. meeting. that the bills be read a third time and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without passed en bloc, the motions to recon- objection, it is so ordered. objection, it is so ordered. sider be laid upon the table en bloc, COMMITTEE ON ARMED SERVICES COMMITTEE ON VETERANS AFFAIRS with no intervening action or debate, Mr. SCHUMER. Mr. President, I ask Mr. SCHUMER. Mr. President, I ask and that any statements relating to unanimous consent that the Com- for unanimous consent that the Com- the bills be printed in the RECORD. mittee on Armed Services be author- mittee on Veterans’ Affairs be author- The PRESIDING OFFICER. Without ized to meet during the session of the ized to meet during session on April 26, objection, it is so ordered. Senate on April 26, 2012, at 9:30 a.m. 2012. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. ARMY SPECIALIST MATTHEW COMMITTEE ON BANKING, HOUSING, AND URBAN SUBCOMMITTEE ON EAST ASIAN AND PACIFIC TROY MORRIS POST OFFICE AFFAIRS AFFAIRS BUILDING Mr. SCHUMER. Mr. President, I ask Mr. SCHUMER. Mr. President, I ask The bill (H.R. 298) to designate the unanimous consent that the Com- unanimous consent that the Com- facility of the United States Postal mittee on Banking, Housing, and mittee on Foreign Relations be author- Service located at 500 East Whitestone Urban Affairs be authorized to meet ized to meet during the session of the Boulevard in Cedar Park, Texas, as the during the session of the Senate on Senate on April 26, 2012, at 3 p.m., to ‘‘Army Specialist Matthew Troy Mor- April 26, 2012, at 10 a.m. to conduct a hold an East Asian and Pacific Affairs ris Post Office Building’’ was ordered hearing entitled ‘‘Legislative Proposals subcommittee hearing entitled, ‘‘U.S. to a third reading, read the third time, in the United States Department of Policy on Burma.’’ and passed. Housing and Urban Development’s FY The PRESIDING OFFICER. Without 2013 Budget.’’ objection, it is so ordered. f The PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT objection, it is so ordered. SPECIALIST MICHEAL E. PHILLIPS MANAGEMENT, THE FEDERAL WORKFORCE, POST OFFICE COMMITTEE ON ENERGY AND NATURAL AND THE DISTRICT OF COLUMBIA RESOURCES Mr. SCHUMER. Mr. President, I ask The bill (H.R. 1423) to designate the Mr. SCHUMER. Mr. President, I ask unanimous consent that the Com- facility of the United States Postal unanimous consent that the Com- mittee on Homeland Security and Gov- Service located at 115 4th Avenue mittee on Energy and Natural Re- ernmental Affairs’ Subcommittee on Southwest in Ardmore, Oklahoma, as sources be authorized to meet during Oversight of Government Management, the ‘‘Specialist Micheal E. Phillips the session of the Senate on April 26, the Federal Workforce, and the Dis- Post Office’’ was ordered to a third 2012, at 9:30 a.m., in room 366 of the trict of Columbia be authorized to reading, read the third time, and Dirksen Senate Office Building. meet during the session of the Senate passed. The PRESIDING OFFICER. Without on April 26, 2012, at 2:30 p.m. to conduct f objection, it is so ordered. a hearing entitled, ‘‘Financial Lit- COMMITTEE ON FINANCE eracy: Empowering Americans to Pre- JOHN J. COOK POST OFFICE Mr. SCHUMER. Mr. President, I ask vent the Next Financial Crisis.’’ The bill (H.R. 2079) to designate the unanimous consent that the Com- The PRESIDING OFFICER. Without facility of the United States Postal mittee on Finance be authorized to objection, it is so ordered. Service located at 10 Main Street in meet during the session of the Senate SUBCOMMITTEE ON SEAPOWER East Rockaway, New York, as the on April 26, 2012, at 10 a.m., in room 215 Mr. SCHUMER. Mr. President, I ask ‘‘John J. Cook Post Office’’ was or- of the Dirksen Senate Office Building, unanimous consent that the Sub- dered to a third reading, read the third to conduct a hearing entitled ‘‘Tax Fil- committee on Seapower of the Com- time, and passed. ing Season: Improving the Taxpayer mittee on Armed Services be author- f Experience.’’ ized to meet during the session of the The PRESIDING OFFICER. Without Senate on April 26, 2012, at 10 a.m. SERGEANT JASON W. VAUGHN objection, it is so ordered. The PRESIDING OFFICER. Without POST OFFICE COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. The bill (H.R. 2213) to designate the Mr. SCHUMER. Mr. President, I ask f unanimous consent that the Com- facility of the United States Postal mittee on Foreign Relations be author- PRIVILEGES OF THE FLOOR Service located at 801 West Eastport ized to meet during the session of the Mr. REID. Mr. President, I ask unan- Street in Luka, Mississippi, as the Senate on April 26, 2012, at 2 p.m., to imous consent that two fellows in the ‘‘Sergeant Jason W. Vaughn Post Of- fice’’ was ordered to a third reading, hold a business meeting. office of Senator PATTY MURRAY, The PRESIDING OFFICER. Without Stephanie Doherty Wilkinson and Eric read the third time, and passed. objection, it is so ordered. Brooks, be granted floor privileges for f COMMITTEE ON HOMELAND SECURITY AND the remainder of the 112th Congress. GOVERNMENTAL AFFAIRS The ACTING PRESIDENT pro tem- CORPORAL STEVEN BLAINE Mr. SCHUMER. Mr. President, I ask pore. Without objection, it is so or- RICCIONE POST OFFICE unanimous consent that the Com- dered. The bill (H.R. 2244) to designate the mittee on Homeland Security and Gov- Mr. LEAHY. Mr. President, I ask facility of the United States Postal ernmental Affairs be authorized to unanimous consent that John Tracy of Service located at 67 Castle Street in meet during the session of the Senate my staff be granted the privileges of Geneva, New York, as the ‘‘Corporal on April 26, 2012, at 10 a.m. to conduct the floor for the rest of today. Steven Blaine Riccione Post Office’’ a hearing entitled ‘‘Biological Secu- The PRESIDING OFFICER. Without was ordered to a third reading, read the rity: The Risk of Dual-Use Research.’’ objection, it is so ordered. third time, and passed.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.109 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2886 CONGRESSIONAL RECORD — SENATE April 26, 2012 TOMBALL VETERANS POST The assistant legislative clerk read (13) improve and secure our transportation OFFICE as follows: systems; (14) promote economic growth; and The bill (H.R. 2660) to designate the A resolution (S. Res. 419) expressing the (15) assist the veterans of our country; facility of the United States Postal sense of the Senate that public servants Whereas members of the uniformed serv- Service located at 122 North should be commended for their dedication ices and civilian employees at all levels of and continued service to the United States government make significant contributions Holderrieth Boulevard in Tomball, during Public Service Recognition Week. Texas, as the ‘‘Tomball Veterans Post to the general welfare of the United States, Without objection, the Senate pro- and are on the front lines in the fight to de- Office’’ was ordered to a third reading, feat terrorism and maintain homeland secu- read the third time, and passed. ceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- rity; f Whereas public servants work in a profes- imous consent the resolution be agreed sional manner to build relationships with WILLIAM T. TRANT POST OFFICE to, the preamble be agreed to, the mo- other countries and cultures in order to bet- BUILDING tions to reconsider be laid upon the ter represent the interests and promote the table, with no intervening action or de- ideals of the United States; The bill (H.R. 2767) to designate the bate, and any related statements be Whereas public servants alert Congress and facility of the United States Postal printed in the RECORD. the public to government waste, fraud, and Service located at 8 West Silver Street The PRESIDING OFFICER. Without abuse, and of dangers to public health; in Westfield, Massachusetts, as the Whereas the men and women serving in the objection, it is so ordered. ‘‘William T. Trant Post Office Build- Armed Forces of the United States, as well The resolution (S. Res. 419) was ing’’ was ordered to a third reading, as those skilled trade and craft Federal em- agreed to. read the third time, and passed. ployees who provide support to their efforts, The preamble was agreed to. are committed to doing their jobs regardless f The resolution, with its preamble, of the circumstances, and contribute greatly PRIVATE FIRST CLASS reads as follows: to the security of the country and the world; Whereas public servants have bravely S. RES. 419 ALEJANDRO R. RUIZ POST OF- fought in armed conflict in defense of this FICE BUILDING Whereas the week of May 6 through 12, country and its ideals, and deserve the care The bill (H.R. 3004) to designate the 2012, has been designated as ‘‘Public Service and benefits they have earned through their Recognition Week’’ to honor the employees honorable service; facility of the United States Postal of the Federal Government and State and Service located at 260 California Drive Whereas government workers have much local governments of the United States of to offer, as demonstrated by their expertise in Yountville, California, as the ‘‘Pri- America; and innovative ideas, and serve as examples vate First Class Alejandro R. Ruiz Post Whereas Public Service Recognition Week by passing on institutional knowledge to Office Building’’ was ordered to a third provides an opportunity to recognize and train the next generation of public servants; reading, read the third time, and promote the important contributions of pub- and passed. lic servants and honor the diverse men and Whereas the week of May 6 through 12, women who meet the needs of the United 2012, marks the 28th anniversary of Public f States through work at all levels of govern- Service Recognition Week: Now, therefore, SPECIALIST PETER J. NAVARRO ment; be it POST OFFICE BUILDING Whereas millions of individuals work in Resolved, That the Senate— government service in every city, county, (1) supports the designation of the week of The bill (H.R. 3246) to designate the and State across the United States and in May 6 through 12, 2012, as ‘‘Public Service facility of the United States Postal hundreds of cities abroad; Recognition Week’’; Service located at 15455 Manchester Whereas public service is a noble calling (2) commends public servants for their out- Road in Ballwin, Missouri, as the ‘‘Spe- involving a variety of challenging and re- standing contributions to this great country during Public Service Recognition Week and cialist Peter J. Navarro Post Office warding professions; Whereas the Federal Government and throughout the year; Building’’ was ordered to a third read- State and local governments are responsive, (3) salutes government employees for their ing, read the third time, and passed. innovative, and effective because of the out- unyielding dedication to and spirit for public f standing work of public servants; service; Whereas the United States is a great and (4) honors those government employees LANCE CORPORAL MATTHEW P. prosperous country, and public service em- who have given their lives in service to their PATHENOS POST OFFICE BUILDING ployees contribute significantly to that country; The bill (H.R. 3247) to designate the greatness and prosperity; (5) calls upon a new generation to consider a career in public service as an honorable facility of the United States Postal Whereas the United States benefits daily from the knowledge and skills of these high- profession; and Service located at 1100 Town and Coun- ly trained individuals; (6) encourages efforts to promote public try Commons in Chesterfield, Missouri, Whereas public servants— service careers at all levels of government. as the ‘‘Lance Corporal Matthew P. (1) defend our freedom and advance the in- f Pathenos Post Office Building’’ was or- terests of the United States around the dered to a third reading, read the third world; RESOLUTIONS SUBMITTED TODAY time, and passed. (2) provide vital strategic support func- Mr. REID. Mr. President, I ask unan- tions to our military and serve in the Na- f imous consent that the Senate proceed tional Guard and Reserves; to the consideration of S. Res. 441, S. LANCE CORPORAL DREW W. (3) fight crime and fires; Res. 442, S. Res. 443, S. Res 444, and S. WEAVER POST OFFICE BUILDING (4) ensure equal access to secure, efficient, and affordable mail service; Res. 445, which were submitted earlier The bill (H.R. 3248) to designate the (5) deliver Social Security and Medicare today. facility of the United States Postal benefits; The PRESIDING OFFICER. Without Service located at 112 South 5th Street (6) fight disease and promote better health; objection, it is so ordered. The Senate proceeded to consider the in Saint Charles, Missouri, as the (7) protect the environment and the parks resolutions en bloc. ‘‘Lance Corporal Drew W. Weaver Post of the United States; (8) enforce laws guaranteeing equal em- Mr. REID. Mr. President, I ask unan- Office Building’’ was ordered to a third ployment opportunity and healthy working imous consent that the resolutions be reading, read the third time, and conditions; agreed to, the preambles be agreed to, passed. (9) defend and secure critical infrastruc- the motions to reconsider laid upon the f ture; table en bloc, with no intervening ac- (10) help the people of the United States re- tion or debate, and that any state- PUBLIC SERVICE RECOGNITION cover from natural disasters and terrorist at- ments related to the resolutions be WEEK tacks; printed in the RECORD. Mr. REID. Mr. President, I ask unan- (11) teach and work in our schools and li- braries; The PRESIDING OFFICER. Without imous consent that we proceed to Cal- (12) develop new technologies and explore objection, it is so ordered. endar No. 369, S. Res. 419. the Earth, the Moon, and space to help im- The resolutions (S. Res. 441, S. Res. The PRESIDING OFFICER. The prove our understanding of how our world 442, S. Res. 443, S. Res. 444, and S. Res. clerk will report the bill by title. changes; 445) were agreed to en bloc.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A26AP6.085 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE April 26, 2012 CONGRESSIONAL RECORD — SENATE S2887 The preambles were agreed to en (4) encourages the people of United States 70- to 80-percent chance of becoming over- bloc. to participate in Arbor Day activities. weight adults, increasing their risk for The resolutions, with their pre- S. RES. 443 chronic disease, disability, and death; ambles, read as follows: (Honoring the life and legacy of Auxiliary Whereas physical activity reduces the risk Bishop Agustı´n Roma´ n) of heart disease, high blood pressure, diabe- S. RES. 441 tes, and certain types of cancers; Whereas Agustı´n Roma´ n was appointed (Expressing support for the designation of Whereas type 2 diabetes can no longer be auxiliary bishop of the Archdiocese of May 2012 as National Youth Traffic Safety referred to as ‘‘late in life’’ or ‘‘adult onset’’ Miami, Florida in 1979, becoming the first Month) diabetes because type 2 diabetes presently Cuban to be appointed bishop in the United occurs in children as young as 10 years old; Whereas motor vehicle crashes are the States; Whereas the Physical Activity Guidelines leading cause of death for youth in the Whereas Agustı´n Roma´ n was expelled from for Americans issued by the Department of United States; Cuba in 1961 by the regime of Fidel Castro, Health and Human Services recommend that Whereas thousands of youth are injured or along with many other Roman Catholic children engage in at least 60 minutes of die each year in motor vehicle crashes; priests; physical activity on most, and preferably all, Whereas on average, 11 youths die each day Whereas Agustı´n Roma´ n ministered in days of the week; in motor vehicle crashes; Chile for 4 years before coming to Miami, Whereas according to the Centers for Dis- Whereas on average, May through August Florida in 1966, where he quickly became a ease Control, only 19 percent of high school is the deadliest period for youths on our na- spiritual leader and advocate for the Cuban tion’s highways; community in Miami, as well as for many students are meeting the goal of 60 minutes Whereas on average, 8 of the top 10 dead- other immigrant communities, including of physical activity each day; liest days for youths on our nation’s high- Haitian refugees; Whereas children spend many of their wak- ways were between May and August; Whereas Agustı´n Roma´ n was fluent in ing hours at school and, as a result, need to Whereas events such as prom and gradua- Latin, English, French, and Spanish, and be active during the school day to meet the tion, and the summer driving season, con- served on the Bishops’ Committee for His- recommendations of the Physical Activity tribute to the risk of a motor vehicle crash panic Affairs, worked as a hospital chaplain, Guidelines for Americans; due to an increase in the amount of time and became episcopal vicar for the Spanish- Whereas nationally, according to the Cen- youth spend on the road and in celebratory speaking people of the Archdiocese of Miami; ters for Disease Control, 1 out of 4 children activities; Whereas Agustı´n Roma´ n was the son of does not attend any school physical edu- Whereas it is essential to teach our youths humble Cuban peasants, which influenced his cation classes, and fewer than 1 in 4 children that driving is a privilege and with that commitment to humility, tenacity, and un- get 20 minutes of vigorous activity every privilege comes risks and responsibilities; ceasing devotion to his ministry in southern day; Whereas this education is essential to pre- Florida; Whereas teaching children about physical venting risky behaviors that can result in Whereas Agustı´n Roma´ n was instrumental education and sports not only ensures that tragic crashes; in the construction of the Shrine of Our the children are physically active during the Whereas the National Organizations For Lady of Charity on Biscayne Bay, which school day, but also educates the children on Youth Safety (NOYS) established a national serves as a monument to the patron saint of how to be physically active and the impor- youth campaign and National Youth Traffic Cuba, the Virgin of Charity of Cobre, and at- tance of physical activity; Safety Month to draw attention to the in- tracts hundreds of thousands of visitors each Whereas according to a 2006 survey by the creased rate of motor vehicle crashes involv- year; Department of Health and Human Services, ing youth between May and August, to help Whereas in 1980 Agustı´n Roma´ n served as a 3.8 percent of elementary schools, 7.9 percent enforce youth safe driving laws, and to sup- mediator during the Mariel boatlift incident, of middle schools, and 2.1 percent of high port youth and community education on helping more than 100,000 Cubans flee the is- schools provide daily physical education (or youth traffic safety; and land and safely resettle in the United States; an equivalent) for the entire school year, and Whereas NOYS invites all youths, families, Whereas Agustı´n Roma´ n helped negotiate 22 percent of schools do not require students and communities to participate in National a peaceful resolution to the 1987 riots of to take any physical education courses at Youth Traffic Safety Month: Mariel prisoner uprisings in Federal prisons, all; Now, therefore, be it earning him national recognition for his Whereas according to that 2006 survey, 13.7 Resolved, That the Senate— compassion, gentility, and humble spirit; percent of elementary schools, 15.2 percent of (1) expresses support for the designation of Whereas after his retirement at the age of middle schools, and 3.0 percent of high May 2012 as ‘‘National Youth Traffic Safety 75, Agustı´n Roma´ n remained active at the schools provide physical education (or an Month’’; Shrine of Our Lady of Charity, greeting visi- equivalent) at least 3 days per week for the (2) supports youth traffic safety awareness; tors and responding to letters from fellow entire school year for students in all grades and Cuban exiles; and in the school; (3) encourages people across the United Whereas Agustı´n Roma´ n passed away on Whereas research shows that fit and active States to observe National Youth Traffic Wednesday, April 11, 2012: Now, therefore, be children are more likely to thrive academi- Safety Month with appropriate programs, ac- it cally; tivities, and ceremonies. Resolved, That the Senate— Whereas increased time in physical edu- cation classes can help the attention, con- S. RES. 442 (1) recognizes and honors the life of Agustı´n Roma´ n; centration, and achievement test scores of (Celebrating the 140th anniversary of Arbor children; Day) (2) recognizes and honors the spiritual leadership of Agustı´n Roma´ n and his dedica- Whereas participation in sports teams and Whereas Arbor Day was founded in Ne- tion to freedom and faith; physical activity clubs, often organized by braska City, Nebraska on April 10, 1872, to (3) offers heartfelt condolences to the fam- the school and run outside of the regular recognize the importance of planting trees; ily, friends, and loved ones of Agustı´n school day, can improve grade point average, Whereas it is estimated that on the first Roma´ n; and school attachment, educational aspirations, Arbor Day, more than 1,000,000 trees were (4) in memory of Agustı´n Roma´ n, calls on and the likelihood of graduation; planted in the State of Nebraska alone; the United States to continue policies that Whereas participation in sports and phys- Whereas Arbor Day is observed in all 50 promote respect for the fundamental prin- ical activity improves self-esteem and body States and across the world; ciples of religious freedom, democracy, and image in children and adults; Whereas participating in Arbor Day activi- human rights in Cuba, in a manner con- Whereas children and youths who partake ties promotes civic participation and high- sistent with the aspirations of the people of in physical activity and sports programs lights the importance of planting and caring Cuba. have increased motor skills, healthy life- for trees and vegetation; styles, social skills, a sense of fair play, S. RES. 444 Whereas those activities provide an oppor- strong teamwork skills, self-discipline, and tunity to convey to future generations the (Designating the week of May 1 through May avoidance of risky behaviors; value of land and stewardship; 7, 2012, as ‘‘National Physical Education Whereas the social and environmental fac- Whereas National Arbor Day is observed on and Sport Week’’) tors affecting children are in the control of the last Friday of April each year; and Whereas a decline in physical activity has the adults and the communities in which the Whereas April 27, 2012, marks the 140th an- contributed to the unprecedented epidemic children live, and therefore, the people of the niversary of Arbor Day: Now, therefore, be it of childhood obesity, which has more than United States share a collective responsi- Resolved, That the Senate— tripled in the United States since 1980; bility in reversing the childhood obesity epi- (1) recognizes April 27, 2012, as National Whereas regular physical activity is nec- demic; Arbor Day; essary to support normal and healthy growth Whereas if efforts are made to intervene (2) celebrates the 140th anniversary of in children and is essential to the continued with unfit children to bring those children to Arbor Day; health and well-being of children; physically fit levels, then there may also be (3) supports the goals and ideals of Arbor Whereas according to the Centers for Dis- a concomitant rise in the academic perform- Day; and ease Control, overweight adolescents have a ance of those children; and

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Mr. President, I ask unan- (1) designates the week of May 1 through that following each pro forma session, May 7, 2012, as ‘‘National Physical Education imous consent that the concurrent res- the Senate adjourn until the next pro and Sport Week’’; olution be agreed to and that the mo- forma session: Monday, April 30, at (2) recognizes National Physical Education tion to reconsider be laid upon the 10:30 a.m.; Thursday, May 3, at 8:30 and Sport Week and the central role of phys- table, with no intervening action or de- a.m.; and that the Senate adjourn on ical education and sports in creating a bate. Thursday, May 3, until 2 p.m. on Mon- healthy lifestyle for all children and youth; The PRESIDING OFFICER. Without day, May 7, unless the Senate has re- (3) supports the implementation of local objection, it is so ordered. ceived a message from the House that school wellness policies (as that term is de- The concurrent resolution (S. Con. it has adopted S. Con. Res. 43, which scribed in section 9A of the Richard B. Rus- Res. 43) was agreed to, as follows: sell National School Lunch Act (42 U.S.C. will be the adjournment resolution, S. CON. RES. 43 1758b)) that include ambitious goals for phys- and if the Senate has received such a Resolved by the Senate (the House of Rep- ical education, physical activity, and other resentatives concurring), That when the Sen- message, the Senate adjourn until activities that address the childhood obesity ate recesses or adjourns on any day from Monday, May 7, at 2 p.m. under the epidemic and promote child wellness; and Thursday, April 26, 2012, through Sunday, provisions of S. Con. Res. 43; that fol- (4) encourages schools to offer physical May 6, 2012, on a motion offered pursuant to lowing the prayer and pledge, the Jour- education classes to students and work with this concurrent resolution by its Majority nal of proceedings be approved to date, community partners to provide opportuni- Leader or his designee, it stand recessed or ties and safe spaces for physical activities the morning hour be deemed expired, adjourned until 12 noon on Monday, May 7, and the time for the two leaders be re- before and after school and during the sum- 2012, or such other time on that day as may mer months for all children and youth. be specified by its Majority Leader or his served for their use later in the day; S. RES. 445 designee in the motion to recess or adjourn, that the Senate resume consideration (Expressing support for the designation of or until the time of any reassembly pursuant of the motion to proceed to S. 2343, the May 1, 2012, as ‘‘Silver Star Service Banner to section 2 of this concurrent resolution, Stop Student Loan Interest Rate Hike Day’’) whichever occurs first; and that when the Act; and that at 4:30 p.m. the Senate Whereas the Senate has always honored House adjourns on any legislative day proceed to executive session under the the sacrifices made by the wounded and ill through Friday, May 4, 2012, on a motion of- previous order. members of the Armed Forces; fered pursuant to this concurrent resolution Just so that everyone understands, Whereas the Silver Star Service Banner by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on Monday, we have in this the pro forma sessions has come to represent the members of the possibility. I am confident the House Armed Forces and veterans who were wound- May 7, 2012, or until the time of any re- ed or became ill in combat in the wars assembly pursuant to section 2 of this con- will adopt our adjournment resolution, fought by the United States; current resolution, whichever occurs first. but just in case they don’t, that is why Whereas the Silver Star Families of Amer- SEC. 2. The Majority Leader of the Senate we have that in there. ica was formed to help the American people and the Speaker of the House, or their re- The PRESIDING OFFICER. Without spective designees, acting jointly after con- remember the sacrifices made by the wound- objection, it is so ordered. sultation with the Minority Leader of the ed and ill members of the Armed Forces by Senate and the Minority Leader of the f designing and manufacturing Silver Star House, shall notify the Members of the Sen- Service Banners and Silver Star Flags for PROGRAM ate and House, respectively, to reassemble at that purpose; such place and time as they may designate Mr. REID. Mr. President, there will Whereas the sole mission of the Silver Star if, in their opinion, the public interest shall be up to three rollcall votes on Mon- Families of America is to evoke memories of warrant it. day, May 7. They will be on the con- the sacrifices of members and veterans of the Armed Forces on behalf of the United States f firmation of three judicial nomina- tions—one U.S. circuit nomination and through the presence of a Silver Star Service AUTHORITY TO SIGN DULY EN- two U.S. district nominations. Banner in a window or a Silver Star Flag fly- ROLLED BILLS OR JOINT RESO- ing; f Whereas the sacrifices of members and vet- LUTIONS erans of the Armed Forces on behalf of the Mr. REID. Mr. President, I ask unan- CONDITIONAL ADJOURNMENT United States should never be forgotten; and imous consent that from Thursday, UNTIL MONDAY, APRIL 30, 2012, Whereas May 1, 2012, is an appropriate date April 26, through Monday, May 7, the AT 10:30 A.M. to designate as ‘‘Silver Star Service Banner majority leader be authorized to sign Mr. REID. Mr. President, if there is Day’’: Now, therefore, be it duly enrolled bills or joint resolutions. Resolved, That the Senate supports the des- no further business to come before the ignation of May 1, 2012, as ‘‘Silver Star Serv- The PRESIDING OFFICER. Without Senate, I ask unanimous consent that ice Banner Day’’ and calls upon the people of objection, it is so ordered. it stand adjourned under the previous the United States to observe the day with f order. appropriate programs, ceremonies, and ac- There being no objection, the Senate, tivities. AUTHORITY TO MAKE APPOINTMENTS at 7:13 p.m., adjourned until Monday, f April 30, 2012, at 10:30 a.m. Mr. REID. Mr. President, I ask unan- f PROVIDING FOR A CONDITIONAL imous consent that notwithstanding ADJOURNMENT OR RECESS OF the upcoming recess or adjournment of NOMINATIONS THE SENATE AND ADJOURN- the Senate, the President of the Sen- Executive nominations received by MENT OF THE HOUSE OF REP- ate, the President pro tempore, and the the Senate: RESENTATIVES majority and minority leaders be au- DEFENSE NUCLEAR FACILITIES SAFETY BOARD Mr. REID. Mr. President, I ask unan- thorized to make appointments to com- SEAN SULLIVAN, OF CONNECTICUT, TO BE A MEMBER imous consent that the Senate proceed missions, committees, boards, con- OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD to the immediate consideration of S. ferences, or interparliamentary con- FOR A TERM EXPIRING OCTOBER 18, 2015, VICE LARRY W. BROWN, RESIGNED. Con. Res. 43, the adjournment resolu- ferences authorized by law, by concur- DEPARTMENT OF STATE tion, which was submitted earlier rent action of the two Houses, or by TIMOTHY M. BROAS, OF MARYLAND, TO BE AMBAS- today. order of the Senate. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without THE UNITED STATES OF AMERICA TO THE KINGDOM OF THE NETHERLANDS. objection, it is so ordered. objection, it is so ordered. RICHARD L. MORNINGSTAR, OF MASSACHUSETTS, TO The clerk will report the resolution f BE AMBASSADOR EXTRAORDINARY AND PLENI- by title. POTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF AZERBAIJAN. The assistant legislative clerk read ORDER OF PROCEDURE THROUGH FOREIGN SERVICE as follows: MONDAY, MAY, 7, 2012 THE FOLLOWING-NAMED PERSONS OF THE DEPART- A resolution (S. Con. Res. 43) providing for Mr. REID. Mr. President, I ask unan- MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- the conditional adjournment or recess of the imous consent that when the Senate ICE OFFICERS OF THE CLASSES STATED.

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THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN HILDE LYNN PEARSON, OF WASHINGTON CORPORATION FOR NATIONAL AND COMMUNITY SERVICE TO BE CONSULAR OFFICERS OR CONSULAR OF- EDWARD J. PIOTROWICZ, OF VIRGINIA FICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE JEFFREY C. PLANTE, OF VIRGINIA SERVICE OF THE UNITED STATES OF AMERICA: MICHAEL R. PROSSER, OF THE DISTRICT OF COLUMBIA JANE D. HARTLEY, OF NEW YORK, TO BE A MEMBER OF MICHAEL C. AHO, OF VIRGINIA TONYA D. PRUITT, OF VIRGINIA THE BOARD OF DIRECTORS OF THE CORPORATION FOR ERIC AMES, OF NEW MEXICO IAN B. PULSIPHER, OF VIRGINIA NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- CAROLYN WIRTH ANDERSON, OF VIRGINIA ZAHID M. RAJA, OF MICHIGAN PIRING OCTOBER 6, 2014. THOMAS W. ARMSTRONG, OF VIRGINIA ANNE REDALEN FRASER, OF MINNESOTA BRIAN L. BACKER, OF VIRGINIA MELISSA S. REED, OF VIRGINIA DEPARTMENT OF STATE ROBYN REMEIKA, OF MARYLAND DANIEL R. BALDWIN, OF VIRGINIA ADAM E. NAMM, OF NEW YORK, A CAREER MEMBER OF NEIL J. BECK, OF VIRGINIA ERIK R. RIKANSRUD, OF VIRGINIA SCOTT A. RISWOLD, OF VIRGINIA THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER— BRIAN BEDSWORTH, OF THE DISTRICT OF COLUMBIA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHARLES A. BENTLEY III, OF THE DISTRICT OF COLUM- ERIN E. ROBINSON, OF VIRGINIA YOULIANA SADOWSKI, OF VIRGINIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BIA TO THE REPUBLIC OF ECUADOR. DALMITA D. BENTON, OF VIRGINIA SALAMA J. SALAMA, OF VIRGINIA ELIZABETH L. BIERMANN, OF ALABAMA MARY E. SAWYER, OF CONNECTICUT THE JUDICIARY SHANTHINI M. BLACK, OF GUAM MARILYN S. SCHNEIDER, OF MARYLAND MARK A. BLAND, OF FLORIDA SAMUEL D. SIPES, OF TEXAS GREGG JEFFREY COSTA, OF TEXAS, TO BE UNITED CARTER A. BOHN, OF VIRGINIA LEE R. SMITH, OF VIRGINIA STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MICHAEL CASEY BONFIELD, OF ALABAMA RACHEL K. SNELL, OF VIRGINIA OF TEXAS. LEILA BORAZJANI, OF THE DISTRICT OF COLUMBIA BENJAMIN T. SNELL-CALLANEN, OF THE DISTRICT OF DAVID CAMPOS GUADERRAMA, OF TEXAS, TO BE KAREINA BRAZENOR, OF CALIFORNIA COLUMBIA UNITED STATES DISTRICT JUDGE FOR THE WESTERN PHILIP J. BRINKMAN, OF VIRGINIA LINDSEY J. SOLARSKI, OF VIRGINIA DISTRICT OF TEXAS. BRANDY L. BRUCKERT, OF VIRGINIA DEVIN R. SPRINGER, OF VIRGINIA DANIEL B. BUDIK, OF MARYLAND JOSHUA E. STERN, OF VIRGINIA DEPARTMENT OF AGRICULTURE ELIZABETH M. STICKNEY, OF MARYLAND RAUL A. BURGOS, OF VIRGINIA MICHAEL T. SCUSE, OF DELAWARE, TO BE UNDER SEC- HOLLY S. STOFA, OF MARYLAND CRISTINA R. BUSACCA, OF VIRGINIA RETARY OF AGRICULTURE FOR FARM AND FOREIGN AG- STEVEN JAMES STOIBER, OF FLORIDA ADAM K. CARDWELL, OF VIRGINIA RICULTURAL SERVICES. LARA A. SULLIVAN, OF VIRGINIA MOLLY C. CHAMBERS, OF VIRGINIA MICHAEL T. SCUSE, OF DELAWARE, TO BE A MEMBER JOHN SZYPULA, OF COLORADO ERIC S. CICORA, OF THE DISTRICT OF COLUMBIA OF THE BOARD OF DIRECTORS OF THE COMMODITY GABRIEL ELIJAH TAMES, OF CALIFORNIA GERALD J. CINTRON, OF MARYLAND CREDIT CORPORATION. MICHAEL CARL COKER, OF ARIZONA RICHARD F. TAYLOR, OF MARYLAND ANDREW R. DALSHIEM, OF VIRGINIA ELIE MEYER TEICHMAN, OF MARYLAND DEPARTMENT OF DEFENSE ELISABETH L. DAVIDSON, OF WASHINGTON MOIRA KATHARINE THOMAS, OF VIRGINIA CARMEN W. DOWLING, OF FLORIDA JAMES C. THORN, OF MISSOURI MARK WILLIAM LIPPERT, OF OHIO, TO BE AN ASSIST- WILLIAM M. DRAXLER, OF VIRGINIA PHILLIP C. TISSUE, JR., OF PENNSYLVANIA ANT SECRETARY OF DEFENSE. CHRISTINA A. TOMASETTI, OF VIRGINIA M. JOHN DUDTE, OF VIRGINIA IN THE ARMY DANIEL A. DYMOND, OF VIRGINIA LAURA TRAVIS, OF VIRGINIA DORI ANNE ENDERLE, OF TEXAS LUKE RICHARDSON TULLBERG, OF NEW YORK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WOODRUFF J. ENGLISH III, OF THE DISTRICT OF COLUM- ROBERT J. VANDERHORST, OF FLORIDA AS THE CHIEF OF ENGINEERS/COMMANDING GENERAL, BIA JEFFREY S. VANDORN, OF IOWA UNITED STATES ARMY CORPS OF ENGINEERS, AND AP- ANA H. ESQUIVEL, OF VIRGINIA VITALIY VOZNYAK, OF VIRGINIA POINTMENT TO THE GRADE INDICATED IN THE UNITED CHRISTIAN A. FARRELL, OF VIRGINIA SUSAN A. WATERMAN, OF VIRGINIA STATES ARMY WHILE ASSIGNED TO A POSITION OF IM- KRISTEN ASTRID FARRELL, OF THE DISTRICT OF COLUM- WILLIAM L. WHEELEHAN, OF KENTUCKY PORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., BIA ERINN CATHERINE WHITAKER, OF THE DISTRICT OF CO- SECTIONS 601 AND 3036: RYAN ALLEN PATRICK FEEBACK, OF INDIANA LUMBIA TIMOTHY L. FINNEGAN, OF VIRGINIA MATTHEW M. WILLS, OF VIRGINIA To be lieutenant general JULIANA K. FINUCANE, OF CALIFORNIA T. ANDREW WILSON, OF NEW YORK LT. GEN. THOMAS P. BOSTICK DOUGLAS R. FURLETTI, OF MARYLAND MARION J. WOHLERS, OF WASHINGTON TYSON SCOTT WOODRUFF, OF VIRGINIA REBECCA L. GALEK, OF VIRGINIA NATIONAL INSTITUTE OF BUILDING SCIENCES ASHLEY L. GALLO, OF VIRGINIA MALCOLM F. WRIGHT, OF VIRGINIA KATHERINE R. GALM, OF VIRGINIA RONALD K. YIU, OF VIRGINIA JAMES T. RYAN, OF UTAH, TO BE A MEMBER OF THE DAVID D. GENTILLI, OF VIRGINIA MICHAEL G. ZIDEK, OF VIRGINIA BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF PARAMJIT K. GILL, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER SZE YONG GOH, OF MARYLAND FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR 7, 2013. ERIKA S. GRAMS, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE JAMES TIMBERLAKE, OF PENNSYLVANIA, TO BE A SARAH B. GREYWALL, OF VERMONT CLASS INDICATED, EFFECTIVE JANUARY 1, 2012: CAREER MEMBER OF THE BOARD OF DIRECTORS OF THE NA- JULIE R. GRIER, OF SOUTH CAROLINA MEMBER OF THE SENIOR FOREIGN SERVICE OF THE TIONAL INSTITUTE OF BUILDING SCIENCES FOR A TERM BENJAMIN MILLER GULLETT, OF NORTH CAROLINA UNITED STATES OF AMERICA, CLASS OF MINISTER- EXPIRING SEPTEMBER 7, 2014. CHRISTOPHER JAMES HALLETT, OF VIRGINIA COUNSELOR: MARY B. VERNER, OF WASHINGTON, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- HALLIE A. HASSAKIS, OF THE DISTRICT OF COLUMBIA KENNETH E. GROSS, JR., OF VIRGINIA MATTHEW HERGOTT, OF COLORADO TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING MICHAEL C. HILLER, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE SEPTEMBER 7, 2012. RACHEL L. HOLMES, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- MARY B. VERNER, OF WASHINGTON, TO BE A MEMBER CHRISTOPHER S. JANSEN, OF VIRGINIA SELOR: OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- CANDACE R. JENDOUBI, OF VIRGINIA MICHAEL L. YODER, OF TEXAS TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING ANDREW M. JENKINS, OF VIRGINIA SEPTEMBER 7, 2015. JOSHUA JOHNSON, OF THE DISTRICT OF COLUMBIA PUBLIC HEALTH SERVICE SUSAN A. MAXMAN, OF PENNSYLVANIA, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE NATIONAL IN- EDWARD T. JONES, OF MARYLAND THE FOLLOWING CANDIDATES FOR PERSONNEL AC- STITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING BRAPHUS ELLIOTT KAALUND, OF TENNESSEE TION IN THE REGULAR CORPS OF THE COMMISSIONED SEPTEMBER 7, 2012. NICHOLAS C. KALMBACH, OF VIRGINIA CORPS OF THE U.S. PUBLIC HEALTH SERVICE SUBJECT SUSAN A. MAXMAN, OF PENNSYLVANIA, TO BE A MEM- ABIGAIL J. KAPUR, OF VIRGINIA TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW BER OF THE BOARD OF DIRECTORS OF THE NATIONAL IN- ERICH J. KAUSSEN, OF THE DISTRICT OF COLUMBIA AND REGULATIONS: MARIOS M. KENDRICK, OF VIRGINIA STITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING ROBERT S. KINNEAR, OF WASHINGTON To be surgeon SEPTEMBER 7, 2015. TODD A. KOLODZINSKI, OF VIRGINIA MICHAEL K. KOSTICK, OF VIRGINIA JOSEPH R. FONTANA POSTAL REGULATORY COMMISSION VICKY KU, OF NEW YORK RAKHEE S. PALEKAR CHRISTOPHER L. PERDUE TONY HAMMOND, OF MISSOURI, TO BE A COMMIS- CHRISTINA E. KYRIAKOU, OF VIRGINIA SIONER OF THE POSTAL REGULATORY COMMISSION FOR SECHYI LAIU, OF CALIFORNIA To be senior assistant surgeon THE REMAINDER OF THE TERM EXPIRING OCTOBER 14, MICHAEL W. LEACH, OF TEXAS 2012. MICAH LEBSON, OF MARYLAND PAMELA J. HORN BOA LEE, OF MINNESOTA MERIT SYSTEMS PROTECTION BOARD BIC HOANG LEU, OF CONNECTICUT To be dental officer JOSHUA A. LEWIS, OF MARYLAND MARK A. ROBBINS, OF CALIFORNIA, TO BE A MEMBER SCOTT W. BROWN OF THE MERIT SYSTEMS PROTECTION BOARD FOR THE NATHANIAL S. LINDSEY, OF VIRGINIA DEBORAH L. FULLER WILLIAM S. LIVINGSTONE, OF VIRGINIA TERM OF SEVEN YEARS EXPIRING MARCH 1, 2018. DAVID T. LOMERSON, OF VIRGINIA To be senior assistant dental officer NATIONAL BOARD FOR EDUCATION SCIENCES TERRY L. LONG, OF VIRGINIA ALEXANDER D. GAMBER DOUGLAS LORENSON, OF VIRGINIA ADAM GAMORAN, OF WISCONSIN, TO BE A MEMBER OF FREDRICK W. LOWERY, OF VIRGINIA To be assistant dental officer THE BOARD OF DIRECTORS OF THE NATIONAL BOARD R. SCOTT MACINTOSH, OF MISSOURI FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- NICKOLAS E. MAGLIS, OF VIRGINIA ERIKA A. CRAWFORD VEMBER 28, 2015. OLIVER S. MAINS, OF CALIFORNIA ANTONIO S. PARAMESWARAN JUDITH D. SINGER, OF MASSACHUSETTS, TO BE A MEM- KENNETH W. MANGIN, OF VIRGINIA To be assistant nurse officer BER OF THE BOARD OF DIRECTORS OF THE NATIONAL AMANDA E. MATTEIS, OF THE DISTRICT OF COLUMBIA BOARD FOR EDUCATION SCIENCES FOR A TERM EXPIR- CARLA M. MCBANE, OF VIRGINIA OMORONKE O. ADEGBUJI ING NOVEMBER 28, 2014. RYAN MCCHRISTIAN, OF VIRGINIA MARK E. ARENA HIROKAZU YOSHIKAWA, OF MASSACHUSETTS, TO BE A ALEXANDER HOPKINS MEARS, OF PENNSYLVANIA MICHAEL J. REED MEMBER OF THE BOARD OF DIRECTORS OF THE NA- SHANNON MILLER, OF VIRGINIA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM SAGE MOON, OF WASHINGTON To be assistant scientist officer EXPIRING NOVEMBER 28, 2015. MICHAEL J. MORIARTY, OF VIRGINIA DAVID JAMES CHARD, OF TEXAS, TO BE A MEMBER OF BRANDY E. HELLMAN ROGER A. NASSAR, OF VIRGINIA THE BOARD OF DIRECTORS OF THE NATIONAL BOARD MICHAEL D. NORD, OF MARYLAND To be assistant health services officer FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- MONIQUE NOWICKI, OF VIRGINIA VEMBER 28, 2015. MARIKO NOYES-SHIMOMURA, OF VIRGINIA GEORGE S. CHOW SAMAN NOZARI, OF NORTH CAROLINA SARAH M. LEE NATIONAL SCIENCE FOUNDATION JEAN T. OLSON, OF WISCONSIN JOY A. MOBLEY BONNIE L. BASSLER, OF NEW JERSEY, TO BE A MEMBER SETH M. OPPENHEIM, OF THE DISTRICT OF COLUMBIA OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE CALLAN ORDOYNE, OF MINNESOTA f FOUNDATION FOR A TERM EXPIRING MAY 10, 2016. FANTA N. ORR, OF VIRGINIA BENJAMIN OSLAND, OF VIRGINIA CONFIRMATIONS DEPARTMENT OF EDUCATION JESSICA PANCHATHA, OF CONNECTICUT BARRETT CARLTON PARKER, OF VIRGINIA Executive nominations confirmed by DEBORAH S. DELISLE, OF SOUTH CAROLINA, TO BE AS- BENJAMIN D. PARTINGTON, OF VIRGINIA SISTANT SECRETARY FOR ELEMENTARY AND SEC- ROBERT PASTORE, OF VERMONT the Senate April 26, 2012: ONDARY EDUCATION, DEPARTMENT OF EDUCATION.

VerDate Mar 15 2010 06:56 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00145 Fmt 4624 Sfmt 9801 E:\CR\FM\A26AP6.005 S26APPT1 tjames on DSK6SPTVN1PROD with SENATE S2890 CONGRESSIONAL RECORD — SENATE April 26, 2012

IN THE AIR FORCE To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MAJ. GEN. PATRICIA E. MCQUISTION 16, 2012. STATES OFFICER FOR APPOINTMENT IN THE RESERVE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY OF THE AIR FORCE TO THE GRADE INDICATED UNDER IN THE UNITED STATES ARMY TO THE GRADE INDICATED TITLE 10, U.S.C., SECTIONS 12203 AND 12212: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF CAROL A. FENSAND, TO BE To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAJOR. ARMY NOMINATIONS BEGINNING WITH KELLEY R. COL. DONALD S. WENKE To be lieutenant general BARNES AND ENDING WITH DAVID L. GARDNER, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. RAYMOND P. PALUMBO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 2012. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF TROY W. ROSS, TO BE COLONEL. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 601: ARMY NOMINATION OF SEAN D. PITMAN, TO BE MAJOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF WALTER S. CARR, TO BE MAJOR. To be lieutenant general To be lieutenant general ARMY NOMINATION OF MARC E. PATRICK, TO BE MAJOR. LT. GEN. BURTON M. FIELD LT. GEN. ROBERT P. LENNOX ARMY NOMINATION OF DEMETRES WILLIAMS, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH ALYSSA ADAMS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND ENDING WITH DONALD L. POTTS, WHICH NOMINA- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TIONS WERE RECEIVED BY THE SENATE AND APPEARED 601: IN THE CONGRESSIONAL RECORD ON MARCH 19, 2012. To be lieutenant general ARMY NOMINATION OF JAMES M. VEAZEY, JR., TO BE To be lieutenant general COLONEL. MAJ. GEN. ROBERT B. BROWN MAJ. GEN. BRUCE A. LITCHFIELD ARMY NOMINATION OF SHARI F. SHUGART, TO BE THE FOLLOWING NAMED UNITED STATES ARMY RE- MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVE OFFICER FOR APPOINTMENT AS CHIEF, ARMY RE- ARMY NOMINATIONS BEGINNING WITH DANIEL A. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SERVE AND APPOINTMENT TO THE GRADE INDICATED GALVIN AND ENDING WITH THOMAS J. SEARS, WHICH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 PEARED IN THE CONGRESSIONAL RECORD ON MARCH 21, 601: AND 3038: 2012. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH ANTHONY R. To be lieutenant general CAMACHO AND ENDING WITH RICHARD J. SLOMA, WHICH LT. GEN. CHARLES R. DAVIS MAJ. GEN. JEFFREY W. TALLEY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MARCH 21, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE NAVY 2012. ARMY NOMINATIONS BEGINNING WITH JAMES M. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BLEDSOE AND ENDING WITH DANIEL J. YOUNG, WHICH AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES NAVY RESERVE TO THE GRADE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON MARCH 21, To be lieutenant general To be rear admiral (lower half) 2012. ARMY NOMINATIONS BEGINNING WITH JOHN R. ABELLA MAJ. GEN. SALVATORE A. ANGELELLA CAPT. ERIC C. YOUNG AND ENDING WITH D010584, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RECEIVED BY THE SENATE AND APPEARED IN THE CON- AS CHIEF OF AIR FORCE RESERVE, AND APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED GRESSIONAL RECORD ON MARCH 21, 2012. TO THE GRADE OF LIEUTENANT GENERAL IN THE UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH DREW Q. ABELL UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- AND ENDING WITH G010092, WHICH NOMINATIONS WERE TION OF IMPORTANCE AND RESPONSIBILITY UNDER To be rear admiral RECEIVED BY THE SENATE AND APPEARED IN THE CON- TITLE 10, U.S.C., SECTIONS 601 AND 8038: GRESSIONAL RECORD ON MARCH 21, 2012. REAR ADM. (LH) TERRY B. KRAFT ARMY NOMINATIONS BEGINNING WITH EDWARD C. To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADAMS AND ENDING WITH D011050, WHICH NOMINATIONS MAJ. GEN. JAMES F. JACKSON IN THE UNITED STATES NAVY RESERVE TO THE GRADE WERE RECEIVED BY THE SENATE AND APPEARED IN THE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CONGRESSIONAL RECORD ON MARCH 21, 2012. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be rear admiral IN THE MARINE CORPS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. (LH) BRYAN P. CUTCHEN MARINE CORPS NOMINATION OF JUAN M. ORTIZ, JR., TO 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE LIEUTENANT COLONEL. IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE NAVY To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. ANDREW E. BUSCH NAVY NOMINATION OF DAVID T. CARPENTER, TO BE To be rear admiral CAPTAIN. IN THE ARMY REAR ADM. (LH) JONATHAN W. WHITE NAVY NOMINATION OF MICHAEL JUNGE, TO BE CAP- TAIN. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NAVY NOMINATION OF MARC E. BERNATH, TO BE COM- IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED MANDER. UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: NAVY NOMINATION OF STEVEN A. KHALIL, TO BE LIEU- To be brigadier general To be rear admiral TENANT COMMANDER. NAVY NOMINATION OF ASHLEY A. HOCKYCKO, TO BE COLONEL ROBERT P. WHITE REAR ADM. (LH) RICHARD P. BRECKENRIDGE LIEUTENANT COMMANDER. THE FOLLOWING ARMY NATIONAL GUARD OF THE REAR ADM. (LH) WALTER E. CARTER, JR. NAVY NOMINATION OF JASON A. LANGHAM, TO BE COM- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- REAR ADM. (LH) CRAIG S. FALLER MANDER. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER REAR ADM. (LH) JAMES G. FOGGO III NAVY NOMINATION OF WILL J. CHAMBERS, TO BE COM- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: REAR ADM. (LH) PETER A. GUMATAOTAO MANDER. REAR ADM. (LH) JOHN R. HALEY NAVY NOMINATIONS BEGINNING WITH PATRICK J. FOX, To be brigadier general REAR ADM. (LH) PATRICK J. LORGE JR. AND ENDING WITH LESLIE H. TRIPPE, WHICH NOMI- REAR ADM. (LH) MICHAEL C. MANAZIR NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. STEVEN FERRARI REAR ADM. (LH) SAMUEL PEREZ, JR. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 21, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REAR ADM. (LH) JOSEPH W. RIXEY 2012. TO THE GRADE INDICATED IN THE UNITED STATES ARMY REAR ADM. (LH) KEVIN D. SCOTT UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) JAMES J. SHANNON f To be brigadier general REAR ADM. (LH) THOMAS K. SHANNON REAR ADM. (LH) HERMAN A. SHELANSKI WITHDRAWALS COL. KRISTIN K. FRENCH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. WALTER E. PIATT IN THE UNITED STATES NAVY TO THE GRADE INDICATED Executive message transmitted by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the President to the Senate on April 26, IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be vice admiral 2012 withdrawing from further Senate RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: consideration the following nomina- VICE ADM. MARK I. FOX To be general tions: IN THE AIR FORCE LT. GEN. DENNIS L. VIA THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF THE FOLLOWING ARMY NATIONAL GUARD OF THE AIR FORCE NOMINATIONS BEGINNING WITH JENNIFER THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- M. AGULTO AND ENDING WITH KATHRYN W. WEISS, ING JULY 1, 2013, VICE ELIZABETH DOUGHERTY, TERM SERVE OF THE ARMY TO THE GRADE INDICATED UNDER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE EXPIRED, WHICH WAS SENT TO THE SENATE ON JANU- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AND APPEARED IN THE CONGRESSIONAL RECORD ON ARY 5, 2011. FEBRUARY 16, 2012. MATTHEW J. BRYZA, OF ILLINOIS, A CAREER MEMBER To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH MARIO OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ABEJERO AND ENDING WITH CARL R. YOUNG, JR., WHICH SELOR, TO BE AMBASSADOR EXTRAORDINARY AND COL. TODD A. PLIMPTON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TO THE REPUBLIC OF AZERBAIJAN, TO WHICH POSITION IN THE UNITED STATES ARMY TO THE GRADE INDICATED 16, 2012. HE WAS APPOINTED DURING THE RECESS OF THE SEN- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH RICHARD E. ATE FROM DECEMBER 22, 2010, TO JANUARY 5, 2011, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AARON AND ENDING WITH ERIC D. ZIMMERMAN, WHICH WAS SENT TO THE SENATE ON JANUARY 26, 2011.

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