September 13, 2012 CONGRESSIONAL RECORD — SENATE S6369 

(c) REPORT ON UNSECURED WEAPONS IN

LIBYA.—Not later than 90 days after the date 

of the enactment of this Act, the President 

shall submit a report to Congress examining 

the extent to which advanced weaponry remaining unsecured after the fall of 

Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, 

attack on the United States consulate in 

Benghazi, Libya. 

SEC. ll. USE OF SAVINGS FROM LIMITATIONS 

ON ASSISTANCE. 

Of the amounts saved as a result of the 

prohibitions on assistance in the immediately preceding section— 

(1) 50 percent shall be made available to 

the Secretary of Veterans Affairs for purposes of the veterans job corps; and 

(2) 50 percent shall be used for deficit reduction. 

SA 2839. Mr. HATCH submitted an 

amendment intended to be proposed to 

amendment SA 2782 submitted by Mr. 

BURR and intended to be proposed to 

the bill S. 3457, to require the Secretary of Veterans Affairs to establish 

a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end, add the following: 

SEC. 10. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF 

THE ARMED FORCES. 

(a) INCREASE IN MAXIMUM AGE LIMIT FOR

POSITIONS SUBJECT TO FERS.— 

(1) LAW ENFORCEMENT OFFICERS.—Section 

3307(e) of title 5, United States Code, is 

amended— 

(A) in paragraph (1), by inserting ‘‘or (3)’’ 

after ‘‘paragraph (2)’’; and 

(B) by adding at the end the following: 

‘‘(3) The maximum age limit for an original appointment to a position as a law enforcement officer (as defined in section 

8401(17)) shall be 47 years of age, in the case 

of an individual who on the effective date of 

such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such 

retired or retainer pay.’’. 

(2) OTHER POSITIONS.—The maximum age 

limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of such 

title), or customs and border protection officer (as defined in section 8401(36) of such 

title) shall be 47 years of age, in the case of 

an individual who on the effective date of 

such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such 

retired or retainer pay. 

(b) ELIGIBILITY FOR ANNUITY.—Section 

8412(d) of such title is amended— 

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

end; 

(2) in paragraph (2), by adding ‘‘or’’ at the 

end; and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) after becoming 57 years of age and 

completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, customs or border protection 

officer, or any combination of such service 

totaling 10 years, if such employee— 

‘‘(A) is originally appointed to a position 

as a law enforcement officer, member of the 

Capitol Police or Supreme Court Police, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 

10(e) of the Careers for Veterans Act of 2012; 

and 

‘‘(B) on the date that original appointment 

met the requirements of section 3307(e)(2) of 

this title or section 10(a)(2) of the Careers for 

Veterans Act of 2012,’’. 

(c) MANDATORY SEPARATION.—Section 8425 

of such title is amended— 

(1) in subsection (b)(1), in the first sentence, by inserting ‘‘, except that a law enforcement officer, nuclear materials courier, 

or customs and border protection officer eligible for retirement under section 8412(d)(3) 

shall be separated from the service on the 

last day of the month in which that employee becomes 57 years of age’’ before the 

period; 

(2) in subsection (c), in the first sentence, 

by inserting ‘‘, except that a member of the 

Capitol Police eligible for retirement under 

section 8412(d)(3) shall be separated from the 

service on the last day of the month in which 

that employee becomes 57 years of age’’ before the period; and 

(3) in subsection (d), in the first sentence, 

by inserting ‘‘, except that a member of the 

Supreme Court Police eligible for retirement 

under section 8412(d)(3) shall be separated 

from the service on the last day of the 

month in which that employee becomes 57 

years of age’’ before the period. 

(d) COMPUTATION OF BASIC ANNUITY.—Section 8415(e) of such title is amended— 

(1) in paragraph (1), by striking ‘‘total 

service as’’ and inserting ‘‘civilian service as 

a law enforcement officer, member of the 

Capitol Police or Supreme Court Police, nuclear materials courier, customs and border 

protection officer, or air traffic controller 

that, in the aggregate,’’; and 

(2) in paragraph (2), by striking ‘‘so much 

of such individual’s total service as exceeds 

20 years’’ and inserting ‘‘the remainder of 

such individual’s total service’’. 

(e) EFFECTIVE DATE.—This section (including the amendments made by this section) 

shall take effect 60 days after the date of enactment of this Act and shall apply to appointments made on or after that effective 

date. 

f 

NOTICE OF HEARING 

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

Mr. LEVIN. Mr. President, I would 

like to announce for the information of 

the Senate and the public that the Permanent Subcommittee on Investigations of the Committee on Homeland 

Security and Governmental Affairs has 

scheduled a hearing entitled, ‘‘Offshore 

Profit Shifting and the U.S. Tax Code.’’ 

The Subcommittee will examine the 

shifting of profits offshore by U.S. multinational corporations and how such 

activities are affected by the Internal 

Revenue Code and related regulations. 

Witnesses will include representatives 

from the Internal Revenue Service, the 

Financial Accounting Standards Board, 

multinational corporations, and an accounting firm. A final witness list will 

be available Tuesday, September 18, 

2012. 

The Subcommittee hearing has been 

scheduled for Thursday, September 20, 

2012, at 2 p.m., in Room G–50 of the 

Dirksen Senate Office Building. For 

further information, please contact 

Elise Bean of the Permanent Subcommittee on Investigations at (202) 

224–9505. 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON FOREIGN RELATIONS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Foreign Relations be authorized to meet during the session of 

the Senate on September 13, 2012, at 

10:30 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HEALTH, EDUCATION, LABOR, 

AND PENSIONS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Health, Education, 

Labor, and Pensions be authorized to 

meet during the session of the Senate, 

to conduct a hearing entitled ‘‘Improving College Affordability: A View From 

the States’’ on September 13, 2012, at 

10:30 a.m. in room 430 of the Dirksen 

Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON INDIAN AFFAIRS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Indian Affairs be authorized to meet during the session of the 

Senate on September 13, 2012, in room 

SD–628 of the Dirksen Senate Office 

Building, at 2:15 p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

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

Senate, on September 13, 2012, at 10 

a.m., in SD–226 of the Dirksen Senate 

Office Building, to conduct an executive business meeting. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the 

session of the Senate on September 13, 

2012, at 9:30 a.m., to conduct a hearing 

entitled, ‘‘Social Security Disability 

Programs: Improving the Quality of 

Benefit Award Decisions.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

SELECT COMMITTEE ON INTELLIGENCE

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Select Committee on Intelligence be 

authorized to meet during the session 

of the Senate on September 13, 2012, at 

2:30 p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

SUBCOMMITTEE ON SECURITIES, INSURANCE, AND

INVESTMENT

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Banking, Housing, and 

Urban Affairs Subcommittee on Securities, Insurance, and Investment be 

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S6370 CONGRESSIONAL RECORD — SENATE September 13, 2012 

authorized to meet during the session 

of the Senate on September 13, 2012, at 

10 a.m., to conduct a hearing entitled 

‘‘Holding the CFPB Accountable: Review of Semi-Annual Report to Congress.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRIVILEGES OF THE FLOOR 

Mr. HARKIN. Mr. President, I ask 

unanimous consent that Michael 

Mederos and Alexis Florczak of my 

staff be granted floor privileges for the 

duration of today’s proceedings. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. TESTER. Mr. President, I ask 

unanimous consent that Nick Artuso, 

an intern in the office of Senator 

BLUMENTHAL, be granted the privilege 

of the floor for the duration of this 

afternoon’s session. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

THE PESTICIDE REGISTRATION IMPROVEMENT EXTENSION ACT OF 

2012 

Mr. DURBIN. Mr. President, I ask 

unanimous consent the Senate proceed 

to the consideration of S. 3552, introduced earlier today. 

The PRESIDING OFFICER. The 

clerk will report the bill by title. 

The bill clerk read as follows: 

A bill (S. 3552) to reauthorize the Federal 

Insecticide, Fungicide, and Rodenticide Act. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. DURBIN. Mr. President, I ask 

unanimous consent the bill be read 

three times and passed, the motion to 

reconsider be laid upon the table, with 

no intervening action or debate, and 

any related statements be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (S. 3552) was ordered to be 

engrossed for a third reading, was read 

the third time, and passed, as follows: 

S. 3552 

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

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Pesticide 

Registration Improvement Extension Act of 

2012’’. 

SEC. 2. PESTICIDE REGISTRATION IMPROVEMENT. 

(a) MAINTENANCE FEES.— 

(1) FEES.—Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 

U.S.C. 136a–1(i)) is amended— 

(A) in paragraph (5)— 

(i) in subparagraph (C), by striking ‘‘aggregate amount of’’ and all that follows through 

the end of the subparagraph and inserting 

‘‘aggregate amount of $27,800,000 for each of 

fiscal years 2013 through 2017.’’; 

(ii) in subparagraph (D)— 

(I) in clause (i), by striking ‘‘shall be’’ and 

all that follows through the semicolon and 

inserting ‘‘shall be $115,500 for each of fiscal 

years 2013 through 2017;’’; and 

(II) in clause (ii), by striking ‘‘shall be’’ 

and all that follows through the period and 

inserting ‘‘shall be $184,800 for each of fiscal 

years 2013 through 2017.’’; 

(iii) in subparagraph (E)(i)— 

(I) in subclause (I), by striking ‘‘shall be’’ 

and all that follows through the semicolon 

and inserting ‘‘shall be $70,600 for each of fiscal years 2013 through 2017;’’; and 

(II) in subclause (II), by striking ‘‘shall be’’ 

and all that follows through the period and 

inserting ‘‘shall be $122,100 for each of fiscal 

years 2013 through 2017.’’; 

(iv) in subparagraph (F)— 

(I) by striking ‘‘paragraph (3)’’ and inserting ‘‘this paragraph’’; and 

(II) by striking ‘‘Humans’’ and inserting 

‘‘Human’’; 

(v) by redesignating subparagraphs (F) 

through (H) as subparagraphs (G) through (I), 

respectively; 

(vi) by inserting after subparagraph (E) the 

following: 

‘‘(F) FEE REDUCTION FOR CERTAIN SMALL

BUSINESSES.— 

‘‘(i) DEFINITION.—In this subparagraph, the 

term ‘qualified small business entity’ means 

a corporation, partnership, or unincorporated business that— 

‘‘(I) has 500 or fewer employees; 

‘‘(II) during the 3-year period prior to the 

most recent maintenance fee billing cycle, 

had an average annual global gross revenue 

from all sources that did not exceed 

$10,000,000; and 

‘‘(III) holds not more than 5 pesticide registrations under this paragraph. 

‘‘(ii) WAIVER.—Except as provided in clause 

(iii), the Administrator shall waive 25 percent of the fee under this paragraph applicable to the first registration of any qualified 

small business entity under this paragraph. 

‘‘(iii) LIMITATION.—The Administrator 

shall not grant a waiver under clause (ii) to 

a qualified small business entity if the Administrator determines that the entity has 

been formed or manipulated primarily for 

the purpose of qualifying for the waiver.’’; 

and 

(vii) in subparagraph (I) (as redesignated 

by clause (v)), by striking ‘‘2012’’ and inserting ‘‘2017’’; 

(B) in paragraph (6)— 

(i) by striking ‘‘2014’’ and inserting ‘‘2019’’; 

and 

(ii) by striking ‘‘paragraphs (1) through 

(5)’’ and inserting ‘‘paragraph (1)’’; 

(C) by striking paragraphs (1), (2), (3), (4), 

and (7); and 

(D) by redesignating paragraphs (5) and (6) 

as paragraphs (1) and (2), respectively. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 4 of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 

136a–1) is amended— 

(i) in subsection (d)(5)(B)(ii)(III), by striking ‘‘subsection (i)(1)’’ and inserting ‘‘this 

section’’; 

(ii) in subsection (j), by striking ‘‘subsection (i)(5)’’ and inserting ‘‘subsection 

(i)(1)’’; and 

(iii) in subsection (k)(5)— 

(I) in the first sentence, by striking ‘‘subsection (i)(5)(C)(ii)’’ and inserting ‘‘subsection (i)(1)(C)(ii)’’; and 

(II) in the third and sixth sentences, by 

striking ‘‘subsection (i)(5)(C)’’ each place it 

appears and inserting ‘‘subsection (i)(1)(C)’’. 

(B) Section 33(b)(7)(F) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 

U.S.C. 136w–8(b)(7)(F)) is amended— 

(i) by striking ‘‘section 4(i)(5)(E)(ii)’’ each 

place it appears in clauses (i), (ii)(I), and 

(iv)(I) and inserting ‘‘section 4(i)(1)(E)(ii)’’; 

(ii) by striking ‘‘section 

4(i)(5)(E)(ii)(I)(bb)’’ each place it appears in 

clauses (ii)(II) and (iv)(II) and inserting ‘‘section 4(i)(1)(E)(ii)(I)(bb)’’; and 

(iii) in clause (iv)(II)— 

(I) by striking ‘‘applicable.’’ and inserting 

‘‘applicable’’; and 

(II) by striking ‘‘revenues’’ and inserting 

‘‘revenue’’. 

(3) EXTENSION OF PROHIBITION ON TOLERANCE

FEES.—Section 408(m)(3) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) 

is amended by striking ‘‘September 30, 2012’’ 

and inserting ‘‘September 30, 2017’’. 

(4) REREGISTRATION AND EXPEDITED PROCESSING FUND.— 

(A) SOURCE AND USE.—Section 4(k)(2)(A) of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a–1(k)(2)(A)) is 

amended— 

(i) by inserting ‘‘, to enhance the information systems capabilities to improve the 

tracking of pesticide registration decisions,’’ 

after ‘‘paragraph (3)’’ each place it appears; 

and 

(ii) in clause (i)— 

(I) by inserting ‘‘offset’’ before ‘‘the costs 

of reregistration’’; and 

(II) by striking ‘‘in the same portion as appropriated funds’’. 

(B) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—Section 4(k)(3)(A) of the Federal Insecticide, Fungicide, and Rodenticide 

Act (7 U.S.C. 136a–1(k)(3)(A)) is amended— 

(i) in the matter preceding clause (i), by 

striking ‘‘2008 through 2012, between 1⁄8 and 1⁄7’’ and inserting ‘‘2013 through 2017, between 1⁄9 and 1⁄8’’; 

(ii) in clause (i), by striking ‘‘new’’; and 

(iii) in clause (ii), by striking ‘‘any application’’ and all that follows through ‘‘that—’’ 

and inserting ‘‘any application that—’’. 

(C) ENHANCEMENTS OF INFORMATION TECHNOLOGY SYSTEMS FOR IMPROVEMENT IN REVIEW

OF PESTICIDE APPLICATIONS.—Section 4(k) of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a–1(k)) is 

amended— 

(i) by redesignating paragraphs (4) and (5) 

as paragraphs (5) and (6), respectively; 

(ii) by inserting after paragraph (3) the following: 

‘‘(4) ENHANCEMENTS OF INFORMATION TECHNOLOGY SYSTEMS FOR IMPROVEMENT IN REVIEW

OF PESTICIDE APPLICATIONS.— 

‘‘(A) IN GENERAL.—For each of fiscal years 

2013 through 2017, the Administrator shall 

use not more than $800,000 of the amounts 

made available to the Administrator in the 

Reregistration and Expedited Processing 

Fund for the activities described in subparagraph (B). 

‘‘(B) ACTIVITIES.—The Administrator shall 

use amounts made available from the Reregistration and Expedited Processing Fund to 

improve the information systems capabilities for the Office of Pesticide Programs to 

enhance tracking of pesticide registration 

decisions, which shall include— 

‘‘(i) the electronic tracking of— 

‘‘(I) registration submissions; and 

‘‘(II) the status of conditional registrations; 

‘‘(ii) enhancing the database for information regarding endangered species assessments for registration review; 

‘‘(iii) implementing the capability to electronically review labels submitted with registration actions; and 

‘‘(iv) acquiring and implementing the capability to electronically assess and evaluate 

confidential statements of formula submitted with registration actions.’’; and 

(iii) in the first sentence of paragraph (6) 

(as redesignated by clause (i)), by striking 

‘‘to carry out the goals established under 

subsection (l)’’ and inserting ‘‘for the purposes described in paragraphs (2), (3), and (4) 

and to carry out the goals established under 

subsection (l)’’. 

(b) PESTICIDE REGISTRATION SERVICE

FEES.— 

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