September 20, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D893 

Sportsmen’s Act: Senate began consideration of the 

motion to proceed to consideration of S. 3525, to 

protect and enhance opportunities for recreational 

hunting, fishing, and shooting. Pages S6502–20 

A motion was entered to close further debate on 

the motion to proceed to consideration of the bill, 

and, in accordance with the provisions of Rule XXII 

of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of H.J. Res. 117, 

making continuing appropriations for fiscal year 

2013. Page S6502 

Appointment: 

Public Safety Officer Medal of Valor Review 

Board: The Chair, on behalf of the Majority Leader, 

pursuant to Public Law 107–12, reappointed the following individual as a member of the Public Safety 

Officer Medal of Valor Review Board: Trevor Whipple of Vermont. Page S6558 

Kelly Nomination Joint Referral—Agreement: A 

unanimous-consent agreement was reached providing 

that, as if in Executive Session, the nomination of 

Keith Kelly, of Montana, to be Assistant Secretary 

of Labor for Veterans’ Employment and Training, 

sent to the Senate by the President, be referred jointly to the Committee on Health, Education, Labor, 

and Pensions, and the Committee on Veterans’ Affairs. Page S6510 

Nominations Received: Senate received the following nominations: 

Ketanji Brown Jackson, of Maryland, to be United 

States District Judge for the District of Columbia. 

Nelson Stephen Roman, of New York, to be 

United States District Judge for the Southern District of New York. 

Robert D. Okun, of the District of Columbia, to 

be an Associate Judge of the Superior Court of the 

District of Columbia for the term of fifteen years. 

 Page S6558 

Messages from the House: Pages S6541–42 

Measures Referred: Page S6542 

Measures Placed on the Calendar: 

 Pages S6476, S6542 

Measures Read the First Time: Pages S6542, S6558 

Executive Communications: Pages S6542–45 

Executive Reports of Committees: Page S6545 

Additional Cosponsors: Pages S6546–48 

Statements on Introduced Bills/Resolutions: 

 Pages S6548–57 

Additional Statements: Pages S6535–41 

Amendments Submitted: Page S6557 

Authorities for Committees to Meet: 

 Pages S6557–58 

Record Votes: One record vote was taken today. 

(Total—195) Pages S6500–01 

Adjournment: Senate convened at 9:30 a.m. and 

adjourned at 8:21 p.m., until 12 p.m. on Friday, 

September 21, 2012. (For Senate’s program, see the 

remarks of the Acting Majority Leader in today’s 

Record on page S6558.) 

Committee Meetings 

(Committees not listed did not meet) 

COMPUTERIZED TRADING 

Committee on Banking, Housing, and Urban Affairs: 

Subcommittee on Securities, Insurance and Investment concluded a hearing to examine computerized 

trading, after receiving testimony from David Lauer, 

Better Markets, Inc., Colingswood, New Jersey; Andrew M. Brooks, T. Rowe Price Associates, Inc., Baltimore, Maryland; Chris Concannon, Virtu Financial, 

LLC, Garden City, New Jersey; and Larry Tabb, 

TABB Group, Westborough, Massachusetts. 

HOUSEHOLD GOODS MOVING INDUSTRY 

Committee on Commerce, Science, and Transportation: 

Committee concluded a hearing to examine business 

practices in the household goods moving industry, 

after receiving testimony from Anne S. Ferro, Administrator, Federal Motor Carrier Safety Administration, and Timothy M. Barry, Principal Assistant 

Inspector General for Investigations, both of the Department of Transportation; Linda Bauer Darr, 

American Moving and Storage Association, Alexandria, Virginia; Jason M. Romrell, Budget Van Lines 

Inc., Los Angeles, California; and Reana Kovalcik, 

New York, New York. 

WATER RESOURCES DEVELOPMENT ACT 

Committee on Environment and Public Works: Committee concluded a hearing to examine the ‘‘Water 

Resources Development Act’’, focusing on growing 

the economy and protecting public safety, after receiving testimony from Andrew Herrmann, American Society of Civil Engineers, Richard R. Calhoun, 

Cargill, Incorporated, Jeffrey Soth, International 

Union of Operating Engineers, and Janet F. 

Kavinoky, U.S. Chamber of Commerce, all of Washington, D.C.; and Jerry A. Bridges, Virginia Port 

Authority, Norfolk, on behalf of the American Association of Port Authorities. 


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D894 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2012 

TAX REFORM AND THE TAX TREATMENT 

OF CAPITAL GAINS 

Committee on Finance: Committee concluded a joint 

hearing with the House Committee on Ways and 

Means to examine tax reform and the tax treatment 

of capital gains, after receiving testimony from 

David H. Brockway, Bingham McCutchen LLP, 

Washington, D.C.; Lawrence B. Lindsey, The 

Lindsey Group, Fairfax, Virginia; Leonard E. Burman, Syracuse University Maxwell School, Syracuse, 

New York; David Verrill, Angel Capital Association, 

Cambridge, Massachusetts; and William D. Stanfill, 

Montegra Capital Income Fund, Denver, Colorado. 

MARITIME TERRITORIAL DISPUTES AND 

SOVEREIGNTY ISSUES 

Committee on Foreign Relations: Subcommittee on East 

Asian and Pacific Affairs concluded a hearing to examine maritime territorial disputes and sovereignty 

issues in Asia, after receiving testimony from Kurt 

Campbell, Assistant Secretary of State for East Asian 

and Pacific Affairs. 

U.S. TAX CODE 

Committee on Homeland Security and Governmental Affairs: Permanent Subcommittee on Investigations 

concluded a hearing to examine offshore profit shifting and the U.S. tax code, after receiving testimony 

from William J. Wilkins, Chief Counsel, and Michael Danilack, Deputy Commissioner (International) 

of the Large Business and International Division, 

both of the Internal Revenue Service, Department of 

the Treasury; Stephen E. Shay, Harvard Law School, 

Cambridge, Massachusetts; Reuven S. Avi-Yonah, 

University of Michigan Law School International Tax 

Master of Law Program, Ann Arbor; Jack T. 

Ciesielski, R.G. Associates, Inc., Baltimore, Maryland; William J. Sample, Microsoft Corporation, 

Redmond, Washington; Beth Carr, Ernst and Young 

LLP, New York, New York; Lester D. Ezrati, and 

John N. McMullen, both of the Hewlett-Packard 

Company, Palo Alto, California; and Susan M. 

Cosper, Financial Accounting Standards Board, Norwalk, Connecticut. 

PENSION MODERNIZATION 

Committee on Health, Education, Labor, and Pensions: 

Committee concluded a hearing to examine pension 

modernization for a 21st century workforce, after receiving testimony from Jim Davis, Iowa Title and 

Realty, Charles City; Aliya Wong, U.S. Chamber of 

Commerce, Richard Hudson, Cheiron, Karen Friedman, Retirement USA, Andrew G. Biggs, American 

Enterprise Institute for Public Policy Research, and 

David Madland, Center for American Progress Action Fund, all of Washington, D.C.; Susan L. BreenHeld, Principal Financial, Des Moines, Iowa; and 

John Adler, Service Employees International Union, 

New York, New York. 

BUSINESS MEETING 

Committee on Indian Affairs: Committee ordered favorably reported the following business items: 

S. 65, to reauthorize the programs of the Department of Housing and Urban Development for housing assistance for Native Hawaiians; 

S. 2024, to make technical amendment to the 

T’uf Shur Bien Preservation Trust Area Act, with an 

amendment; 

S. 3546, to amend the Native American Programs 

Act of 1974 to reauthorize a provision to ensure the 

survival and continuing vitality of Native American 

languages; 

S. 3548, to clarify certain provisions of the Native 

American Veterans’ Memorial Establishment Act of 

1994; 

H.R. 2467, to take certain Federal lands in Mono 

County, California, into trust for the benefit of the 

Bridgeport Indian Colony; and 

The nomination of Kevin K. Washburn, of New 

Mexico, to be an Assistant Secretary of the Interior. 

FEDERAL-TRIBAL RELATIONSHIP 

Committee on Indian Affairs: Committee concluded an 

oversight hearing to examine advancing the Federaltribal relationship through self-governance and selfdetermination, after receiving testimony from Lawrence Roberts, Deputy Assistant Secretary of the Interior for Indian Affairs; Ian Erlich, Maniilaq Association, Kotzebue, Alaska; Charles Head, Cherokee 

Nation, Tahlequah, Oklahoma; and D. Noelani 

Kalipi, TiLeaf Group, Hilo, Hawaii. 

BUSINESS MEETING 

Committee on the Judiciary: Committee ordered favorably reported the following business items: 

S. 3486, to implement the provisions of the 

Hague Agreement and the Patent Law Treaty, with 

an amendment in the nature of a substitute; 

S. 1894, to deter terrorism, provide justice for victims, with an amendment in the nature of a substitute; 

S. 3250, to amend the DNA Analysis Backlog 

Elimination Act of 2000 to provide for Debbie 

Smith grants for auditing sexual assault evidence 

backlogs and to establish a Sexual Assault Forensic 

Evidence Registry; 

S. 3523, Innovative Design Protection Act; and 

The nomination of William Joseph Baer, of Maryland, to be an Assistant Attorney General, Department of Justice. 


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September 20, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D895 

INTELLIGENCE 

Select Committee on Intelligence: Committee held closed 

hearings on intelligence matters, receiving testimony 

from officials of the intelligence community. 

h 

Committee recessed subject to the call. 

House of Representatives 

Chamber Action 

Public Bills and Resolutions Introduced: 35 public bills, H.R. 6444–6478; and 10 resolutions, H. 

Con. Res. 138; and H.Res. 793–801 were introduced. Pages H6230–32 

Additional Cosponsors: Pages H6233–34 

Reports Filed: Reports were filed today as follows: 

H.R. 4965, to preserve existing rights and responsibilities with respect to waters of the United States, 

and for other purposes, with an amendment (H. 

Rept. 112–681); 

H.R. 5961, to provide reasonable limits, control, 

and oversight over the Environmental Protection 

Agency’s use of aerial surveillance of America’s farmers, with an amendment (H. Rept. 112–682); 

H.R. 4278, to amend the Federal Water Pollution 

Control Act with respect to permit requirements for 

dredged or fill material (H. Rept. 112–683); 

H.R. 2541, to amend the Federal Water Pollution 

Control Act to exempt the conduct of silvicultural 

activities from national pollutant discharge elimination system permitting requirements, with an 

amendment (H. Rept. 112–684); and 

H.R. 3563, to amend the Homeland Security Act 

of 2002 to direct the Secretary of Homeland Security 

to modernize and implement the national integrated 

public alert and warning system to disseminate 

homeland security information and other information, and for other purposes, with an amendment (H. 

Rept. 112–685, Pt. 1). Page H6230 

Speaker: Read a letter from the Speaker wherein he 

appointed Representative Flake to act as Speaker pro 

tempore for today. Page H6153 

Recess: The House recessed at 11:08 a.m. and reconvened at 12 noon. Page H6161 

Chaplain: The prayer was offered by the guest chaplain, Rabbi Steven Weil, Orthodox Union, New 

York, New York. Page H6161 

Providing for congressional disapproval under 

chapter 8 of title 5, United States Code, of the 

rule submitted by the Office of Family Assistance of the Administration for Children and 

Families of the Department of Health and 

Human Services relating to waiver and expenditure authority under section 1115 of the Social 

Security Act (42 U.S.C. 1315) with respect to the 

Temporary Assistance for Needy Families program: The House passed H.J. Res. 118, to provide 

for congressional disapproval under chapter 8 of title 

5, United States Code, of the rule submitted by the 

Office of Family Assistance of the Administration for 

Children and Families of the Department of Health 

and Human Services relating to waiver and expenditure authority under section 1115 of the Social Security Act (42 U.S.C. 1315) with respect to the Temporary Assistance for Needy Families program, by a 

yea-and-nay vote of 250 yeas to 164 nays, Roll No. 

589. Pages H6165–85, H6194–95 

H. Res. 788, the rule providing for consideration 

of the joint resolution (H.J. Res. 118) and the bill 

(H.R. 3409) was agreed to by a yea-and-nay vote of 

233 yeas to 182 nays, Roll No. 588, after the previous question was ordered by a yea-and-nay vote of 

238 yeas to 179 nays, Roll No. 587. Pages H6173–74 

A point of order was raised against the consideration of H. Res. 788 and it was agreed to proceed 

with consideration of the resolution by voice vote. 

 Pages H6165–67 

Suspension—Failed: The House failed to agree to 

suspend the rules and pass the following measure: 

STEM Jobs Act of 2012: H.R. 6429, to amend 

the Immigration and Nationality Act to promote innovation, investment, and research in the United 

States, to eliminate the diversity immigrant program, by a 2/3 yea-and-nay vote of 257 yeas to 158 

nays, Roll No. 590. Pages H6185–94, H6195 

Suspension—Failed: The House failed to agree to 

suspend the rules and pass the following measure 

which was debated yesterday, September 19th: 

Manhattan Project National Historical Park 

Act: H.R. 5987, amended, to establish the Manhattan Project National Historical Park in Oak Ridge, 

Tennessee, Los Alamos, New Mexico, and Hanford, 

Washington, by a 2/3 yea-and-nay vote of 237 yeas 

to 180 nays, Roll No. 591. Pages H6195–96 


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