September 11, 2012 CONGRESSIONAL RECORD — SENATE S6237 

business concern licensed in a community 

property State, the Secretary shall also assess what that degree of ownership would be 

if such small business concern had been licensed in a State other than a community 

property State. If the Secretary determines 

that such individual would have had a greater degree of ownership of the small business 

concern had such small business concern 

been licensed in a State other than a community property State, the Secretary shall 

treat, for purposes of this section, such small 

business concern as if it had been licensed in 

a State other than a community property 

State.’’. 

SEC. 14. 100 PERCENT CONTINUOUS LEVY ON 

PAYMENT TO MEDICARE PROVIDERS 

AND SUPPLIERS. 

Paragraph (3) of section 6331(h) of the Internal Revenue Code of 1986 is amended by 

striking the period at the end and inserting 

‘‘, or, with respect to payments made on or 

after the date which is 180 days after the 

date of the enactment of the Veterans Jobs 

Corps Act of 2012, to a Medicare provider or 

supplier under title XVIII of the Social Security Act.’’. 

SEC. 15. EXTENSION OF MODIFIED PENSION FOR 

CERTAIN VETERANS COVERED BY 

MEDICAID PLANS FOR SERVICES 

FURNISHED BY NURSING FACILITIES. 

Section 5503(d)(7) of title 38, United States 

Code, is amended by striking ‘‘September 30, 

2016’’ and inserting ‘‘March 31, 2017’’. 

SEC. 16. REVOCATION OR DENIAL OF PASSPORT 

IN CASE OF CERTAIN UNPAID TAXES. 

(a) IN GENERAL.—Subchapter D of chapter 

75 of the Internal Revenue Code of 1986 is 

amended by adding at the end the following 

new section: 

‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES. 

‘‘(a) IN GENERAL.—If the Secretary receives 

certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in 

excess of $50,000, the Secretary shall transmit such certification to the Secretary of 

State for action with respect to denial, revocation, or limitation of a passport pursuant 

to section 16(d) of the Veterans Jobs Corps 

Act of 2012. 

‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— 

For purposes of this section, the term ‘seriously delinquent tax debt’ means an outstanding debt under this title for which a notice of lien has been filed in public records 

pursuant to section 6323 or a notice of levy 

has been filed pursuant to section 6331, except that such term does not include— 

‘‘(1) a debt that is being paid in a timely 

manner pursuant to an agreement under section 6159 or 7122, and 

‘‘(2) a debt with respect to which collection 

is suspended because a collection due process 

hearing under section 6330, or relief under 

subsection (b), (c), or (f) of section 6015, is requested or pending. 

‘‘(c) ADJUSTMENT FOR INFLATION.—In the 

case of a calendar year beginning after 2012, 

the dollar amount in subsection (a) shall be 

increased by an amount equal to— 

‘‘(1) such dollar amount, multiplied by 

‘‘(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar 

year, determined by substituting ‘calendar 

year 2011’ for ‘calendar year 1992’ in subparagraph (B) thereof. 

If any amount as adjusted under the preceding sentence is not a multiple of $1,000, 

such amount shall be rounded to the next 

highest multiple of $1,000.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections for subchapter D of chapter 75 of the 

Internal Revenue Code of 1986 is amended by 

adding at the end the following new item: 

‘‘Sec. 7345. Revocation or denial of passport 

in case of certain tax delinquencies.’’. 

(c) AUTHORITY FOR INFORMATION SHARING.— 

(1) IN GENERAL.—Subsection (l) of section 

6103 of the Internal Revenue Code of 1986 is 

amended by adding at the end the following 

new paragraph: 

‘‘(23) DISCLOSURE OF RETURN INFORMATION

TO DEPARTMENT OF STATE FOR PURPOSES OF

PASSPORT REVOCATION UNDER SECTION 7345.— 

‘‘(A) IN GENERAL.—The Secretary shall, 

upon receiving a certification described in 

section 7345, disclose to the Secretary of 

State return information with respect to a 

taxpayer who has a seriously delinquent tax 

debt described in such section. Such return 

information shall be limited to— 

‘‘(i) the taxpayer identity information with 

respect to such taxpayer, and 

‘‘(ii) the amount of such seriously delinquent tax debt. 

‘‘(B) RESTRICTION ON DISCLOSURE.—Return 

information disclosed under subparagraph 

(A) may be used by officers and employees of 

the Department of State for the purposes of, 

and to the extent necessary in, carrying out 

the requirements of section 16(d) of the Veterans Jobs Corps Act of 2012.’’. 

(2) CONFORMING AMENDMENT.—Paragraph 

(4) of section 6103(p) of such Code is amended 

by striking ‘‘or (22)’’ each place it appears in 

subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting ‘‘(22), 

or (23)’’. 

(d) AUTHORITY TO DENY OR REVOKE PASSPORT.— 

(1) DENIAL.— 

(A) IN GENERAL.—Except as provided under 

subparagraph (B), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary 

of the Treasury, the Secretary of State may 

not issue a passport to any individual who 

has a seriously delinquent tax debt described 

in such section. 

(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding subparagraph (A), 

the Secretary of State may issue a passport, 

in emergency circumstances or for humanitarian reasons, to an individual described in 

subparagraph (A). 

(2) REVOCATION.— 

(A) IN GENERAL.—The Secretary of State 

may revoke a passport previously issued to 

any individual described in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED

STATES.—If the Secretary of State decides to 

revoke a passport under subparagraph (A), 

the Secretary of State, before revocation, 

may— 

(i) limit a previously issued passport only 

for return travel to the United States; or 

(ii) issue a limited passport that only permits return travel to the United States. 

(3) HOLD HARMLESS.—The Secretary of the 

Treasury and the Secretary of State shall 

not be liable to an individual for any action 

with respect to a certification by the Commissioner of Internal Revenue under section 

7345 of the Internal Revenue Code of 1986. 

(e) REVOCATION OR DENIAL OF PASSPORT IN

CASE OF INDIVIDUAL WITHOUT SOCIAL SECURITY ACCOUNT NUMBER.— 

(1) DENIAL.— 

(A) IN GENERAL.—Except as provided under 

subparagraph (B), upon receiving an application for a passport from an individual that 

either— 

(i) does not include the social security account number issued to that individual, or 

(ii) includes an incorrect or invalid social 

security number willfully, intentionally, 

negligently, or recklessly provided by such 

individual, 

the Secretary of State is authorized to deny 

such application and is authorized to not 

issue a passport to the individual. 

(B) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding subparagraph (A), 

the Secretary of State may issue a passport, 

in emergency circumstances or for humanitarian reasons, to an individual described in 

subparagraph (A). 

(2) REVOCATION.— 

(A) IN GENERAL.—The Secretary of State 

may revoke a passport previously issued to 

any individual described in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED

STATES.—If the Secretary of State decides to 

revoke a passport under subparagraph (A), 

the Secretary of State, before revocation, 

may— 

(i) limit a previously issued passport only 

for return travel to the United States; or 

(ii) issue a limited passport that only permits return travel to the United States. 

(f) EFFECTIVE DATE.—The provisions of, 

and amendments made by, this section shall 

take effect on January 1, 2013. 

SEC. 17. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a 

corporation with assets of not less than 

$1,000,000,000 (determined as of the end of the 

preceding taxable year)— 

(1) the amount of any required installment 

of corporate estimated tax which is otherwise due in July, August, or September of 

2013 shall be increased by 0.25 percent of such 

amount (determined without regard to any 

increase in such amount not contained in 

such Code); 

(2) the amount of any required installment 

of corporate estimated tax which is otherwise due in July, August, or September of 

2017 shall be increased by 0.50 percent of such 

amount (determined without regard to any 

increase in such amount not contained in 

such Code); and 

(3) the amount of the next required installment after an installment referred to in 

paragraph (1) or (2) shall be appropriately reduced to reflect the amount of the increase 

by reason of such paragraph. 

SEC. 18. SCORING OF BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the 

purpose of complying with the Statutory 

Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement 

titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing in 

the Congressional Record by the Chairman of 

the Senate Budget Committee, provided that 

such statement has been submitted prior to 

the vote on passage. 

f 

NOTICE OF HEARING 

COMMITTEE ON HEALTH, EDUCATION, LABOR, 

AND PENSIONS

Mr. HARKIN. Mr. President, I wish to 

announce that the Committee on 

Health, Education, Labor, and Pensions will meet in open session on 

Thursday, September 13, 2012, at 10:30 

a.m. in room 430 of the Dirksen Senate 

Office Building to conduct a hearing 

entitled ‘‘Improving College Affordability: A View From the States.’’ 

For further information regarding 

this meeting, please contact Leanne 

Hotek of the committee staff on (202) 

224–9243. 

f 

PRIVILEGES OF THE FLOOR 

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

following staff of the Finance Committee be allowed on the Senate floor 


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S6238 CONGRESSIONAL RECORD — SENATE September 11, 2012 

for the remainder of the 112th Congress: Sara Butler, Anderson Heiman, 

Luke Johnson, Rolland Smith, and 

David Swedman. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. HARKIN. Mr. President, I ask 

unanimous consent that Rebecca 

Sadwick and Jessica Flannery of my 

staff be granted privileges of the floor 

for the duration of today’s session. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

RESOLUTIONS SUBMITTED TODAY 

Mr. BROWN of Ohio. I ask unanimous 

consent that the Senate proceed to the 

immediate consideration en bloc of the 

following resolutions which were submitted earlier today: S. Res. 548, S. 

Res. 549, and S. Res. 550. 

There being no objection, the Senate 

proceeded to consider the resolutions 

en bloc. 

Mr. BROWN of Ohio. I ask unanimous 

consent the resolutions be agreed to, 

the preambles be agreed to, the motions to reconsider be laid upon the 

table en bloc, with no intervening action or debate, and that any statements related to the resolutions be 

printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolutions were agreed to. 

The preambles were agreed to. 

The resolutions, with their preambles, read as follows: 

S. RES. 548

(Designating the week beginning September 

9, 2012, as ‘‘National Direct Support Professionals Recognition Week.’’) 

Whereas direct support professionals, direct care workers, personal assistants, personal attendants, in-home support workers, 

and paraprofessionals (referred to in this preamble as ‘‘direct support professionals’’) are 

the primary providers of publicly funded 

long term supports and services for millions 

of individuals with disabilities; 

Whereas a direct support professional must 

build a close, trusted relationship with an individual with disabilities; 

Whereas a direct support professional assists an individual with disabilities with the 

most intimate needs on a daily basis; 

Whereas direct support professionals perform a broad range of activities for individuals with disabilities, including preparing 

meals, managing medications, bathing, 

dressing, helping with mobility, providing 

transportation to school, work, and religious 

and recreational activities, and helping with 

general daily affairs; 

Whereas a direct support professional provides essential support to help keep an individual with disabilities connected to the 

family and community of the individual; 

Whereas direct support professionals enable individuals with disabilities to live 

meaningful, productive lives; 

Whereas direct support professionals are 

the key to allowing an individual with disabilities to live successfully in the community and avoid more costly institutional 

care; 

Whereas the majority of direct support 

professionals are female, and many are the 

sole breadwinners of their families; 

Whereas, although direct support professionals work and pay taxes, many are impoverished and are eligible for the same Federal 

and State public assistance programs that 

individuals with disabilities depend on; 

Whereas Federal policies, State policies, 

and the opinion of the Supreme Court in 

Olmstead v. L.C., 527 U.S. 581 (1999) assert the 

right of an individual to live in his or her 

home and community; 

Whereas the majority of direct support 

professionals are employed in home and community-based settings, and the percentage of 

direct support professionals employed in 

such settings is projected to increase during 

this decade; 

Whereas there is a documented critical and 

growing shortage of direct support professionals in every community throughout the 

United States; and 

Whereas many direct support professionals 

are forced to leave jobs due to inadequate 

wages and benefits, creating high turnover 

and vacancy rates, which, research demonstrates, adversely affects the quality of 

supports provided to individuals with disabilities: Now, therefore, be it 

Resolved, That the Senate— 

(1) designates the week beginning September 9, 2012, as ‘‘National Direct Support 

Professionals Recognition Week’’; 

(2) recognizes the dedication and vital 

role of direct support professionals, direct 

care workers, personal assistants, personal 

attendants, in-home support workers, and 

paraprofessionals (referred to in this resolution as ‘‘direct support professionals’’) in enhancing the lives of individuals of all ages 

with disabilities; 

(3) appreciates the contribution of direct 

support professionals in serving needs that 

are beyond the capacity of millions of families in the United States; 

(4) commends direct support professionals as integral participants in the longterm support and services system of the 

United States; and 

(5) finds that the successful implementation of the public policies of the United 

States depends on the dedication of direct 

support professionals. 

S. RES. 549

(Designating September 2012 as ‘‘Campus 

Fire Safety Month.’’) 

Whereas, each year, States across the 

United States formally designate the month 

of September as ‘‘Campus Fire Safety 

Month’’; 

Whereas, since January 2000, at least 152 

people, including students, parents, and children, have died in campus-related fires; 

Whereas 85 percent of those deaths occurred in off-campus residences; 

Whereas a majority of college students in 

the United States live in an off-campus residence; 

Whereas many fatal fires have occurred in 

a building in which the occupants had compromised or disabled the fire safety system; 

Whereas automatic fire alarm systems provide the early warning of a fire that is necessary for occupants of a building and the 

fire department to take appropriate action; 

Whereas automatic fire sprinkler systems 

are a highly effective method of controlling 

or extinguishing a fire in the early stages, 

thus protecting the lives of building occupants; 

Whereas many college students live in an 

off-campus residence, fraternity or sorority 

housing, or a residence hall that is not adequately protected by automatic fire sprinkler systems and automatic fire alarm systems; 

Whereas fire safety education is an effective method of reducing the occurrence of 

fires and the resulting loss of life and property damage; 

Whereas college students do not routinely 

receive effective fire safety education while 

in college; 

Whereas educating young people in the 

United States about the importance of fire 

safety is vital to help ensure that young people engage in fire-safe behavior during college and after college; and 

Whereas developing a generation of adults 

who practice fire safety may significantly 

reduce future loss of life from fires: Now, 

therefore, be it 

Resolved, That the Senate— 

(1) designates September 2012 as ‘‘Campus Fire Safety Month’’; and 

(2) encourages administrators of institutions of higher education and municipalities 

across the United States— 

(A) to provide educational programs to 

all college students in September and 

throughout the school year; 

(B) to evaluate the level of fire safety 

being provided in both on-campus and offcampus student housing; and 

(C) to ensure fire-safe living environments through fire safety education, the installation of fire suppression and detection 

systems, and the development and enforcement of applicable codes relating to fire safety. 

S. RES. 550

(Designating September 13, 2012, as 

‘‘National Celiac Disease Awareness Day.’’) 

Whereas according to the National Center 

for Health Statistics of the Centers for Disease Control and Prevention, celiac disease 

affects approximately 1 in every 141 people in 

the United States; 

Whereas the majority of people with celiac 

disease have yet to be diagnosed; 

Whereas celiac disease is a chronic inflammatory disorder that is classified as both an 

autoimmune condition and a genetic condition; 

Whereas celiac disease causes damage to 

the lining of the small intestine, which results in overall malnutrition; 

Whereas when a person with celiac disease 

consumes foods that contain certain protein 

fractions, that person suffers a cell-mediated 

immune response that damages the villi of 

the small intestine, interfering with the absorption of nutrients in food and the effectiveness of medications; 

Whereas such problematic protein fractions are found in wheat, barley, rye, and 

oats, which are used to produce many foods, 

medications, and vitamins; 

Whereas because celiac disease is a genetic 

disease, there is an increased incidence of celiac disease in families with a known history 

of celiac disease; 

Whereas celiac disease is underdiagnosed 

because the symptoms can be attributed to 

other conditions and are easily overlooked 

by doctors and patients; 

Whereas as recently as 2000, the average 

person with celiac disease waited 11 years for 

a correct diagnosis; 

Whereas 1⁄2 of all people with celiac disease 

do not show symptoms of the disease; 

Whereas celiac disease is diagnosed by 

tests that measure the blood for abnormally 

high levels of the antibodies of 

immunoglobulin A, antitissue 

transglutaminase, and IgA antiendomysium 

antibodies; 

Whereas celiac disease can be treated only 

by implementing a diet free of wheat, barley, 

rye, and oats, often called a ‘‘gluten-free 

diet’’; 

Whereas a delay in the diagnosis of celiac 

disease can result in damage to the small intestine, which leads to an increased risk for 


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