H5814 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

‘‘section 1303 of title 41, United States 

Code,’’; and 

(ii) in subsection (d), by striking ‘‘section 

25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)’’ and substituting 

‘‘section 1303 of title 41, United States 

Code,’’. 

(8) Section 6(b) of the Iran Sanctions Act of 

1996 (Public Law 104–172, 50 U.S.C. 1701 note) 

is amended— 

(A) in paragraph (1), by striking ‘‘section 

25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)’’ and substituting 

‘‘section 1303 of title 41, United States Code’’; 

(B) in paragraph (2)(B), by striking ‘‘section 25 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 421)’’ and substituting 

‘‘section 1303 of title 41, United States Code’’; 

and 

(C) in paragraph (6), by striking ‘‘section 4 

of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403)’’ and substituting ‘‘section 

133 of title 41, United States Code’’. 

(9) Section 802(a)(4) of the David L. Boren 

National Security Education Act of 1991 (50 

U.S.C. 1902(a)(4)) is amended by striking 

‘‘section 3709 of the Revised Statutes (41 

U.S.C. 5)’’ and substituting ‘‘section 6101 of 

title 41, United States Code,’’. 

(10) Section 3212(c) of the National Nuclear 

Security Administration Act (50 U.S.C. 

2402(c)) is amended by striking ‘‘section 16(3) 

of the Office of Federal Procurement Policy 

Act (41 U.S.C. 414(3))’’ and substituting ‘‘section 1702(c)(1) and (2) of title 41, United 

States Code’’. 

(11) Section 3262 of the National Nuclear 

Security Administration Act (50 U.S.C. 2462) 

is amended by striking ‘‘Office of Federal 

Procurement Policy Act (41 U.S.C. 401 et 

seq.)’’ and substituting ‘‘provisions referred 

to in section 172(b) of title 41, United States 

Code’’. 

(12) Section 4421(f) of the Atomic Energy 

Defense Act (50 U.S.C. 2601(f)) is amended by 

striking ‘‘section 304B(d) of the Federal 

Property and Administrative Services Act of 

1949 (41 U.S.C. 254c(d))’’ and substituting 

‘‘section 3903(a) and (e) of title 41, United 

States Code’’. 

(13) Section 4801(b)(1) of the Atomic Energy 

Defense Act (50 U.S.C. 2781(b)(1)) is amended 

by striking ‘‘section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 

418b)’’ and substituting ‘‘section 1707 of title 

41, United States Code’’. 

SEC. 39. TITLE 50 APPENDIX, UNITED STATES 

CODE. 

(1) Section 8(b) of the Joint Resolution of 

December 30, 1947 (ch. 526, 50 App. U.S.C. 

1918(b)) is amended by striking ‘‘sections 3709 

and 3648 of the Revised Statutes, as amended 

(U.S.C., title 41, sec. 5, and title 31, sec. 529)’’ 

and substituting ‘‘section 3324(a) and (b) of 

title 31, United States Code, and section 6101 

of title 41, United States Code’’. 

(2) The Act of July 26, 1956 (ch. 738, 50 App. 

U.S.C. 1941i note) is amended by striking 

‘‘the Federal Property and Administrative 

Services Act of 1949’’ and substituting ‘‘chapter 5 of title 40, United States Code’’. 

(3) Section 107(b)(2)(B)(ii) of the Defense 

Production Act of 1950 (ch. 932, 50 App. U.S.C. 

2077(b)(2)(B)(ii)) is amended by striking ‘‘section 303(b)(1)(B) or section 303(c)(3) of the 

Federal Property and Administrative Services Act of 1949’’ and substituting ‘‘section 

3303(a)(1)(B) or section 3304(a)(3) of title 41, 

United States Code’’. 

(4) Section 704(b) of the Defense Production 

Act of 1950 (ch. 932, 50 App. U.S.C. 2154(b)) is 

amended— 

(A) by striking ‘‘section 25 of the Office of 

Federal Procurement Policy Act’’ and substituting ‘‘section 1303 of title 41, United 

States Code’’; and 

(B) by striking ‘‘section 6 or 25 of that 

Act’’ and substituting ‘‘section 1121(b) and 

(d) or 1303(a)(1) of that title’’. 

(5) Section 709(c) of the Defense Production 

Act of 1950 (ch. 932, 50 App. U.S.C. 2159(c)) is 

amended by striking ‘‘section 22 of the Office 

of Federal Procurement Policy Act’’ and substituting ‘‘section 1707 of title 41, United 

States Code’’. 

SEC. 40. TITLE 51, UNITED STATES CODE. 

(1) Section 20113(c)(4) of title 51, United 

States Code, is amended by striking ‘‘chapters 1 to 11 of title 40 and in accordance with 

title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.)’’ and substituting ‘‘chapter 5 of title 

40’’. 

(2) Section 30704(2) of title 51, United 

States Code, is amended by striking ‘‘the 

Buy American Act (41 U.S.C. 10a et seq.)’’ 

and substituting ‘‘chapter 83 of title 41’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Texas (Mr. SMITH) and the gentlewoman from California (Ms. ZOE LOFGREN) each will control 20 minutes. 

The Chair recognizes the gentleman 

from Texas. 

GENERAL LEAVE

Mr. SMITH of Texas. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days within 

which to revise and extend their remarks and include extraneous materials on H.R. 6080, currently under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, the rules of the House 

entrust to the Judiciary Committee 

the responsibilities of revision and 

codification of the statutes of the 

United States. This power does not 

give our committee substantive legislative jurisdiction over all areas of law. 

It merely confers the authority to organize duly enacted laws into an efficient codification system. 

The nonpartisan Office of Law Revision Counsel is responsible for properly 

codifying public laws into titles and 

sections of the United States Code. 

From time to time, that office provides 

the Judiciary Committee with advice 

as to how to enact a more user-friendly 

and cohesive statutory system. 

This spring, Republican and Democratic committee staff worked cooperatively with the Office of Law Revision 

Counsel to develop H.R. 6080. The bill 

makes technical improvements to title 

41 of United States Code, which contains Federal laws that govern public 

contracts. The bill makes no changes 

to substantive law. 

I encourage my colleagues to support 

this bill. I yield back the balance of my 

time. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, I yield myself such time as I 

may consume. 

Mr. Speaker, I’m pleased to join my 

colleague, Judiciary Committee Chairman LAMAR SMITH, in bringing this bill 

to the floor. This is a commonsense 

bill. As has been noted, it makes technical revisions to bipartisan legislation 

enacted during the 111th Congress that 

created the new title 41 to the U.S.C., 

which pertains to public contracts. 

This bill was prepared by the Office 

of Law Revision Counsel as part of its 

ongoing responsibility to draft and submit to the Committee on the Judiciary, one title at a time, a complete 

compilation, restatement and revision 

of the general and permanent laws of 

the United States. 

The bill makes conforming amendments to laws contained in title 41, 

corrects references that require more 

particular reference. In addition, the 

bill omits references to outdated or repealed laws, makes clarifying revisions 

to sections of title 41 that do not provide meanings for particular words for 

the purpose of clarity, and corrects two 

cross-references to public laws that 

may have been erroneously included. 

The bill is not intended to make any 

substantive changes to the law. As is 

typical with the codification process, a 

number of nonsubstantive revisions are 

made, including the revision of sections into a more coherent overall 

structure; but these changes, as I’ve 

said, are not intended to have any substantive effect. 

I urge my colleagues to support this 

legislation. And I would like to take 

this opportunity to thank the Office of 

the Law Revision Counsel for its good 

work. This makes the practice of law 

more coherent in the United States. 

We have no speakers, and so I yield 

back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. SMITH) 

that the House suspend the rules and 

pass the bill, H.R. 6080. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill was 

passed. 

A motion to reconsider was laid on 

the table. 

f 

REAUTHORIZING CERTAIN VISA 

PROGRAMS 

Mr. SMITH of Texas. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (S. 3245) to extend by 3 years the 

authorization of the EB–5 Regional 

Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and 

the Conrad State 30 J–1 Visa Waiver 

Program. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

S. 3245 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

SECTION 1. REAUTHORIZATION OF EB–5 REGIONAL CENTER PROGRAM. 

Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and 

Related Agencies Appropriations Act, 1993 (8 

U.S.C. 1153 note) is amended— 

(1) by striking ‘‘pilot’’ each place such 

term appears; and 

(2) in subsection (b), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 

30, 2015’’. 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5815 

SEC. 2. REAUTHORIZATION OF E–VERIFY. 

Section 401(b) of the Illegal Immigration 

Reform and Immigrant Responsibility Act of 

1996 (8 U.S.C. 1324a note) is amended by 

striking ‘‘September 30, 2012’’ and inserting 

‘‘September 30, 2015’’. 

SEC. 3. REAUTHORIZATION OF SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

WORKER PROGRAM. 

Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(27)(C)(ii)) is amended— 

(1) in subclause (II), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 

30, 2015’’; and 

(2) in subclause (III), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 

30, 2015’’. 

SEC. 4. REAUTHORIZATION OF CONRAD STATE 30 

J–1 VISA WAIVER PROGRAM. 

Section 220(c) of the Immigration and 

Nationality Technical Corrections Act of 

1994 (8 U.S.C. 1182 note) is amended by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. 

SEC. 5. NO AUTHORITY FOR NATIONAL IDENTIFICATION CARD. 

Nothing in this Act may be construed to 

authorize the planning, testing, piloting, or 

development of a national identification 

card. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Texas (Mr. SMITH) and the gentlewoman from California (Ms. ZOE LOFGREN) each will control 20 minutes. 

The Chair recognizes the gentleman 

from Texas. 

GENERAL LEAVE

Mr. SMITH of Texas. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days within 

which to revise and extend their remarks and include extraneous materials on S. 3245, currently under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, first of all, I’d like to 

thank the Senate Judiciary Committee 

chairman and ranking member for introducing this legislation and for working with me to help ensure that four 

key immigration-related programs do 

not expire at the end of this month. 

This Congress must ensure there is a 

national business climate that fosters 

the ability of private enterprise to create jobs for Americans and legal workers. 

S. 3245, which extends for 3 years the 

E-Verify, EB–5 Regional Center Pilot, 

the Conrad 30 J–1 Visa Waiver, and the 

Special Immigrant Nonminister Religious Worker programs, helps achieve 

this goal in several ways. 

First, the E-Verify program allows 

employers to electronically verify that 

newly hired employees are authorized 

to work in the United States. The program is free, quick, and easy to use. 

Nearly 400,000 American employers use 

E-Verify, and over 1,000 new businesses 

sign up for it every week. 

The American public overwhelmingly 

supports E-Verify. Last year, a Rasmussen poll found that 82 percent of 

likely voters ‘‘think businesses should 

be required to use the Federal Government’s E-Verify system to determine if 

a potential employee is in the country 

legally.’’ 

E-Verify has also received bipartisan 

congressional support in the past. In 

2008, the House passed a 5-year extension of E-Verify by a vote of 407–2. And 

in 2009, the Senate passed a permanent 

E-Verify extension by voice vote. 

Ensuring that businesses have access 

to E-Verify will help preserve jobs for 

the 23 million Americans who are currently unemployed or looking for fulltime work. 

The investor visa program also helps 

create jobs for Americans. Under this 

program, 10,000 immigrants can receive 

permanent residence each year if they 

engage in a new commercial enterprise, 

invest between $500,000 and $1 million 

in the business, and see that it creates 

10 full-time jobs for American workers. 

The Regional Center Pilot Project, 

which is almost two decades old, has 

reinvigorated the investor visa program. Investment through a regional 

center is especially attractive to potential investors because they are relieved of the responsibility of running a 

new business. They can also count indirect job creation towards the job creation requirement. Most investor visa 

petitions now involve regional centers. 

It appears that investors may feel 

more confident about a regional center 

that is operated through a State or 

city government. In these hard economic times, many State and local 

governments have turned to regional 

centers as a method of generating economic growth. 

The Association to Invest in the 

United States of America has estimated the regional center program has 

created or saved over 65,000 jobs in the 

U.S. and has led to the investment of 

over $3 billion in the U.S. economy. 

S. 3245 also extends for 3 years a program that has successfully brought 

needed doctors to medically underserved areas in the U.S. This program 

was designed by Senator KENT CONRAD. 

It allows foreign doctors who have been 

in the U.S. on exchange programs to 

stay at the conclusion of their 

residencies if they agree to practice 

medicine for at least 3 years in health 

professional shortage areas. This is a 

valuable provision, and I support its reauthorization. 

b 1550 

Finally, S. 3245 extends the Special 

Immigrant Nonminister Religious 

Worker Program. Under this program, 

5,000 immigrant visas can be issued to 

nonminister individuals who have been 

members of the denomination and who 

have worked in the capacity for which 

they are applying for at least the 2 

years immediately following the visa 

applications. Historically, the program 

has been plagued by fraud, but the 

Bush administration took steps to help 

prevent much of the fraud, and now 

many churches and religious organizations in the United States rely on these 

immigrant nonministers. I look forward to making statutory changes 

aimed at even more fraud prevention, 

and I support the program’s extension. 

Again, I want to thank Senator 

LEAHY and Senator GRASSLEY for their 

leadership on this bill. All four of these 

programs are important, and I urge my 

colleagues to support S. 3245. 

I reserve the balance of my time. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, I yield myself such time as I 

may consume. 

I do rise in strong support of this bill. 

Specifically, this bill extends until 

September 30, 2015, these four longstanding immigration programs that 

are set to expire otherwise at the end 

of this month. They are valuable programs, and they serve different purposes. 

The one, the Special Immigrant Nonminister Religious Worker Program, 

allows religious workers to enter the 

United States to do important work. 

There are 5,000 religious workers eligible for these visas each year when they 

are called to a vocation or are in a traditional religious occupation with a 

bona fide nonprofit religious organization. They are missionaries, counselors, instructors, and pastoral care 

providers. They really help our country. 

The second program, the Conrad ‘‘J 

Waiver,’’ helps medically underserved 

communities attract highly skilled 

physicians. This program literally provides a lifeline for communities that 

desperately need doctors who received 

their medical training in the United 

States. It is absolutely necessary that 

this program continues to exist so that 

States can attract medical talent and 

can keep the doors of small town clinics open. 

The third program, the EB–5 Immigrant Investor Pilot Program, allocates 3,000—out of the EB–5 category’s 

10,000—visas each year for EB–5 investors who invest in these designated regional centers. This pilot program is 

important to our Nation’s economy as 

it represents, actually, billions of dollars in aggregate immigrant investment, and it creates more than 20,000 

new direct and indirect jobs each year. 

The final program that would be extended under the bill is E-Verify, the 

basic pilot program first authorized in 

1996. Now, Chairman SMITH and I disagree on how effective this bill is. I 

don’t believe it’s ready for mandatory 

nationwide use because of errors in the 

system and, more broadly, because of 

major dysfunctions in our immigration 

system, but that doesn’t mean I disagree that this program should be extended. I do. This program is voluntary, and by extending the E-Verify 

program as it currently exists, it will 

provide Congress additional time to 

work toward improving the program 

and fixing our Nation’s immigration 

laws so that they work for American 

families, businesses, and the economy 

as a whole. 


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H5816 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

I should note that this bill received 

unanimous support in the Senate. 

Likewise, I hope that all of my colleagues in this Chamber will support 

this bipartisan legislation so that it 

can be quickly sent to the President’s 

desk for his signature. 

I reserve the balance of my time. 

Mr. SMITH of Texas. Mr. Speaker, I 

continue to reserve the balance of my 

time. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, we do have two Members who 

would like to address this briefly. I 

yield 2 minutes to the gentleman from 

Washington (Mr. LARSEN). 

Mr. LARSEN of Washington. Mr. 

Speaker, I rise today in support of S. 

3245, which would, in part, reauthorize 

the EB–5 visa program for 3 years. This 

EB–5 program will create good American jobs. 

Last year, I worked with Senator 

LEAHY to write H.R. 2972, the Creating 

American Jobs Through Foreign Capital Act. That legislation would have 

reauthorized EB–5 permanently. While 

the bill before us today extends the 

program for only 3 years, it is still an 

important job creator that we must 

pass. The program allows qualified foreign investors who invest in the U.S. 

and who create or save at least 10 fulltime American jobs to seek U.S. visas. 

This program brings overseas capital 

to the U.S. to create jobs for people in 

my district and across America. 

There are two projects in Everett, 

Washington, currently being financed 

through the EB–5 program. One is a 

college building. If this bill is not 

passed, our area will lose this building 

and the opportunities associated with 

it. The second investment is one for a 

building that houses a regional farmers’ market, which is a project that has 

been in the works and is almost done. 

This project will help local farmers regionally and create jobs. If this bill is 

not passed, again, this project, which is 

set to be finished soon, will not be completed, and all finance and investments 

will be lost. In another part of my district, in Whatcom County, the local 

EB–5 center has leveraged more than 

$34 million from immigrant investors 

to create more than 800 good local jobs. 

The EB–5 program is a real threefer: 

It’s a win for American workers, who 

benefit from thousands of new jobs; it’s 

a win for the taxpayer because it 

doesn’t add one penny to the national 

deficit; third, it helps the U.S. compete 

on a global scale. The U.S. EB–5 visa 

program is one of more than 20 similar 

programs run by other important, 

growing economies like Hong Kong, 

New Zealand, Australia, and Singapore. 

Our economy cannot afford to do 

without these investments or these 

jobs. If we don’t keep this road open for 

foreign investment into the U.S., that 

investment will choose another country’s road. Congress must extend the 

EB–5 program so that we can continue 

to create new jobs at a time when we 

need them most. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, I yield 11⁄2 minutes to the gentleman from Vermont (Mr. WELCH). 

Mr. WELCH. I thank the gentlewoman from California, and I thank 

the gentleman from Texas. 

This is terrific. The EB–5 program 

works. We’re doing it together. We’re 

working with the Senate, and we’re 

getting something done. Let me tell 

you that the place we’re getting something done includes the Sugarbush Valley and the Mad River Valley in 

Vermont, in the Northeast Kingdom, 

where we’ve had, among other jobs created, two ski areas that have been able 

to take advantage of the EB–5 program—to get investor money and to 

build the infrastructure that is so essential to the tourist economy that we 

have in Vermont. So this is a program 

that works, and it is delightful to me 

to be able to participate in reinstating 

this program so that it can continue to 

help create jobs and promote economic 

development in my State of Vermont. 

I thank the gentleman from Texas 

and the gentlewoman from California 

for their leadership on this and for the 

bipartisan team of Senator LEAHY and 

Senator GRASSLEY in the United States 

Senate. 

Ms. ZOE LOFGREN of California. I 

have no additional speakers, and I 

would be happy to yield back the balance of my time. 

Mr. SMITH of Texas. Mr. Speaker, in 

closing, I just want to thank the gentlewoman from California (Ms. LOFGREN) for her continued interest and 

leadership in the subject of immigration, and I especially appreciate her 

support of this bill today. 

I yield back the balance of my time. 

COMMITTEE ON EDUCATION AND THE

WORKFORCE, HOUSE OF REPRESENTATIVES, 

Washington, DC, September 10, 2012. 

Hon. LAMAR SMITH, 

Chairman, Committee on the Judiciary, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: I am writing to confirm our mutual understanding with respect 

to the consideration of S. 3245, a bill that reauthorizes certain immigration provisions. 

Thank you for consulting with the Committee on Education and the Workforce with 

regard to S. 3245 on those matters within the 

committee’s jurisdiction. 

In the interest of expediting the House’s 

consideration of S. 3245, the Committee on 

Education and the Workforce will forgo further consideration on this bill. However, I do 

so only with the understanding that this procedural route will not be construed to prejudice the committee’s jurisdictional interest 

and prerogatives on this bill or any other 

similar legislation and will not be considered 

as precedent for consideration of matters of 

jurisdictional interest to my committee in 

the future. 

I respectfully request your support for the 

appointment of outside conferees from the 

Committee on Education and the Workforce 

should this bill or a similar bill be considered in a conference with the Senate. I also 

request that you include our exchange of letters on this matter in the Committee Report 

on S. 3245 and in the Congressional Record 

during consideration of this bill on the 

House floor. Thank you for your attention to 

these matters. 

Sincerely, 

JOHN KLINE, 

Chairman. 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC, September 11, 2012. 

Hon. JOHN KLINE, 

Chairman, Committee on Education and the 

Workforce, Washington, DC. 

DEAR CHAIRMAN KLINE, Thank you for your 

letter dated September 10, 2012 regarding S. 

3245, a bill that reauthorizes certain immigration provisions. I am most appreciative of 

your decision to forego consideration of the 

bill so that it may move expeditiously to the 

House floor. 

I acknowledge that although you are 

waiving formal consideration of the bill, the 

Committee on Education and the Workforce 

is in no way waiving its jurisdiction over the 

subject matter contained in the bill. In addition, if a conference is necessary on this legislation, I will support any request that your 

committee be represented therein. 

Finally, I shall be pleased to include your 

letter and this reply letter memorializing 

our mutual understanding in the Congressional Record during floor consideration of 

S. 3245. 

Sincerely, 

LAMAR SMITH, 

Chairman. 

Mr. CALVERT. Mr. Speaker, I rise today in 

support of Chairman LAMAR SMITH and S. 

3245 which reauthorizes the E-Verify program 

for an additional three years. 

First, I would like to thank Chairman SMITH

for his leadership and support of the E-Verify 

program. The Chairman has steadfastly supported E-Verify, helped expand the program 

and provided for several reauthorizations. I 

commend his leadership and value his hard 

work on E-Verify and immigration issues. 

S. 3245 provides for a simple three year reauthorization of the popular E-Verify program. 

In 1996, when I first wrote the legislation that 

created the E-Verify pilot program, I had humble expectations. Now, 16 years after its inception it has 399,538 employers participating 

at 1.2 million employer sites. So far in FY 

2012, there have been more than 19.6 million 

queries run through the system. Congress and 

the entire Federal Government is required to 

use the system and several states have made 

use of the program mandatory for their employers. 

E-Verify continues to defy expectations: it is 

99.5 percent accurate, free to employers and 

easy to use. It continues to develop new ways 

to combat illegal employment such as Photo 

Tool, Self Lock, and Fraud Alert. 

The next step, which Chairman SMITH, Subcommittee Chairman GALLEGLY and I have 

been working on, is to make E-Verify mandatory for all employers in the U.S. With unemployment stuck above 8 percent for the 43rd 

consecutive month, it is time we ensure that 

American jobs are going to American workers 

and those legally authorized to work in the 

U.S. I am hopeful that the House will consider 

H.R. 2885 before the end of the year; the only 

way to truly gain control of our borders is to 

end the jobs magnet that brings people here 

illegally. 

In the meantime, it is necessary that we reauthorize E-Verify for an additional three years 

and again, I commend Chairman SMITH and 

look forward to working with him on our efforts 

to make E-Verify mandatory. 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5817 

Mr. SABLAN. Mr. Speaker, I rise today in 

support of S. 3245, extending authorization of 

the EB–5 Regional Center program another 

three years to September 2015. The EB–5 

program provides conditional permanent resident status to foreign investors in economic 

units known as Regional Centers. In doing so, 

the program promotes economic growth, improves regional productivity, and creates jobs 

in the geographic area where a Center is located. This is exactly the kind of incentive 

needed in my district, the Northern Mariana Islands, which has seen gross domestic product 

decline from $1.2 billion in 2002 to $600 million in 2009. Already several proposals have 

come forward for the Northern Mariana Islands, predicated on the establishment EB–5 

Regional Centers, that will inject foreign investment capital and create jobs. These Regional Centers do not just represent jobs and 

salary for their direct employees—they represent investments in our community. For 

every new job created, and for every additional dollar of salary paid, our workforce and 

pay scale are benefitted across the board. The 

extension of this program provided in S. 3245 

will ensure that these opportunities can continue to benefit our economy. I commend Senator LEAHY and Senator GRASSLEY for introducing this bipartisan legislation and the bipartisan House leadership for bringing this bill to 

the floor for approval. 

The SPEAKER pro tempore (Mr. 

CHAFFETZ). The question is on the motion offered by the gentleman from 

Texas (Mr. SMITH) that the House suspend the rules and pass the bill, S. 3245. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. SMITH of Texas. Mr. Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

IMPROVING TRANSPARENCY OF 

EDUCATION OPPORTUNITIES FOR 

VETERANS ACT OF 2012 

Mr. BILIRAKIS. Mr. Speaker, I move 

to suspend the rules and pass the bill 

(H.R. 4057) to amend title 38, United 

States Code, to direct the Secretary of 

Veterans Affairs to develop a comprehensive policy to improve outreach 

and transparency to veterans and 

members of the Armed Forces through 

the provision of information on institutions of higher learning, and for other 

purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 4057 

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

Congress assembled, 

SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION INFORMATION 

TO VETERANS. 

(a) COMPREHENSIVE POLICY REQUIRED.— 

(1) IN GENERAL.—Chapter 36 of title 38, United 

States Code, is amended by adding at the end 

the following new section: 

‘‘§ 3698. Comprehensive policy on providing 

education information to veterans 

‘‘(a) COMPREHENSIVE POLICY REQUIRED.—The 

Secretary shall develop a comprehensive policy 

to improve outreach and transparency to veterans and members of the Armed Forces through 

the provision of information on institutions of 

higher learning. 

‘‘(b) SCOPE.—In developing the policy required 

by subsection (a), the Secretary shall include 

each of the following elements: 

‘‘(1) The most effective way to inform individuals of the educational and vocational counseling provided under section 3697A of this title. 

‘‘(2) A centralized way to track and publish 

feedback from students and State approving 

agencies regarding the quality of instruction 

and accreditation, recruiting practices, and 

post-graduation employment placement of institutions of higher learning. 

‘‘(3) The merit of and the manner in which a 

State approving agency shares with an accrediting agency or association recognized by the 

Secretary of Education under subpart 2 of part 

H of title IV of the Higher Education Act of 1965 

(20 U.S.C. 1099b et seq.) information regarding 

the State approving agency’s evaluation of an 

institution of higher learning. 

‘‘(4) The manner in which information regarding institutions of higher learning is provided to 

individuals participating in the Transition Assistance Program under section 1144 of title 10. 

‘‘(5) The most effective way to provide veterans and members of the Armed Forces with information regarding postsecondary education 

and training opportunities available to the veteran or member. 

‘‘(c) POSTSECONDARY EDUCATION INFORMATION.—(1) The Secretary shall ensure that the 

information provided pursuant to subsection 

(b)(5) includes— 

‘‘(A) an explanation of the different types of 

accreditation available to educational institutions and programs of education; 

‘‘(B) a description of Federal student aid programs; and 

‘‘(C) for each institution of higher learning, 

for the most recent academic year for which information is available— 

‘‘(i) whether the institution is public, private 

nonprofit, or proprietary for-profit; 

‘‘(ii) the name of the national or regional accrediting agency that accredits the institution, 

including the contact information used by the 

agency to receive complaints from students; 

‘‘(iii) information on the State approving 

agency, including the contact information used 

by the agency to receive complaints from students; 

‘‘(iv) whether the institution participates in 

programs under title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1070 et seq.); 

‘‘(v) the tuition and fees; 

‘‘(vi) the median amount of debt from Federal 

student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) held by 

students at institution; 

‘‘(vii) the cohort default rate, as defined in 

section 435(m) of the Higher Education Act of 

1965 (20 U.S.C. 1085(m)), of the institution; 

‘‘(viii) the enrollment rates, graduation rates, 

and retention rates; 

‘‘(ix) for each program of education offered by 

the institution that is designed to prepare a student for an occupation that requires a licensure 

or certification test offered by a Federal, State, 

or local government or has other preconditions 

or requirements, the degree to which the program prepares the student for the particular occupation; 

‘‘(x) whether the institution provides students 

with technical support, academic support, and 

other support services, including career counseling and job placement; and 

‘‘(xi) whether the institution accepts academic 

credit by students who are transferring to the 

institution, including credits awarded by a proprietary for-profit institution. 

‘‘(2) To the extent possible, the Secretary shall 

provide the information described in paragraph 

(1) by including hyperlinks on the Internet 

website of the Department to other websites that 

contain such information in a form that is comprehensive and easily understood by veterans, 

members, and other individuals. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘institution of higher learning’ 

has the meaning given that term in section 

3452(f) of this title. 

‘‘(2) The term ‘postsecondary education and 

training opportunities’ means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to 

a veteran or member of the Armed Forces.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating to section 

3697A the following new item: 

‘‘3698. Comprehensive policy on providing education information to veterans.’’. 

(b) PROHIBITION ON INDUCEMENTS.—Section 

3696 of title 38, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(e) The Secretary shall not approve an educational institution if the educational institution provides any commission, bonus, or other 

incentive payment based directly or indirectly 

on success in securing enrollments or financial 

aid to any persons or entities engaged in any 

student recruiting or admission activities or in 

making decisions regarding the award of student financial assistance.’’. 

(c) SURVEY.—In developing the policy required 

by section 3698(a) of title 38, United States Code, 

as added by subsection (a), the Secretary shall 

conduct a market survey to determine the availability of the following: 

(1) A commercially available off-the-shelf online tool that allows a veteran or member of the 

Armed Forces to assess whether the veteran or 

member is academically ready to engage in postsecondary education and training opportunities 

and whether the veteran or member would need 

any remedial preparation before beginning such 

opportunities. 

(2) A commercially available off-the-shelf online tool that provides a veteran or member of 

the Armed Forces with a list of providers of 

postsecondary education and training opportunities based on criteria selected by the veteran 

or member. 

(d) REPORT.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary 

shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the 

Senate, the Committee on Education and the 

Workforce of the House of Representatives, and 

the Committee on Health, Education, Labor, 

and Pensions of the Senate a report that includes— 

(1) a description of the policy developed by the 

Secretary under section 3698(a) of title 38, 

United States Code, as added by subsection (a); 

(2) a plan of the Secretary to implement such 

policy; and 

(3) the results of the survey conducted under 

subsection (b), including whether the Secretary 

plans to implement the tools described in such 

subsection. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘commercially available off-theshelf’’ has the meaning given that term in section 104 of title 41, United States Code. 

(2) The term ‘‘postsecondary education and 

training opportunities’’ means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to 

a veteran or member of the Armed Forces. 

SEC. 2. STATE CONSIDERATION OF MILITARY 

TRAINING IN GRANTING CERTAIN 

STATE CERTIFICATIONS AND LICENSES AS A CONDITION ON THE 

RECEIPT OF FUNDS FOR VETERANS 

EMPLOYMENT AND TRAINING. 

(a) IN GENERAL.—Section 4102A(c) of title 38, 

United States Code, is amended by adding at the 

end the following: 


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