S6340 CONGRESSIONAL RECORD — SENATE September 13, 2012 

technology by safety net providers and clinics; to the Committee on Finance. 

By Mr. TESTER: 

S. 3540. A bill to reduce Federal advertising 

budgets; to the Committee on Homeland Security and Governmental Affairs. 

By Mr. NELSON of Nebraska (for himself and Mr. JOHANNS): 

S. 3541. A bill to amend section 520 of the 

Housing Act of 1949 to revise the census data 

and population requirements for areas to be 

considered as rural areas for purposes of such 

Act; to the Committee on Banking, Housing, 

and Urban Affairs. 

By Ms. KLOBUCHAR (for herself and 

Mr. BLUNT): 

S. 3542. A bill to authorize the Assistant 

Secretary of Homeland Security (Transportation Security Administration) to modify 

screening requirements for checked baggage 

arriving from preclearance airports, and for 

other purposes; to the Committee on Commerce, Science, and Transportation. 

By Mr. CORNYN (for himself and Mrs. 

HUTCHISON): 

S. 3543. A bill to exempt from the Lacey 

Act Amendments of 1981 certain water transfers by the North Texas Municipal Water 

District and the Greater Texoma Utility Authority; to the Committee on Environment 

and Public Works. 

By Mr. BROWN of Ohio (for himself, 

Mr. SCHUMER, and Ms. STABENOW): 

S. 3544. A bill to make available funds from 

the Emergency Economic Stabilization Act 

of 2008 for funding pension benefits with respect to former employees of Delphi Corporation; to the Committee on Banking, Housing, 

and Urban Affairs. 

By Mr. GRASSLEY (for himself and 

Mr. FRANKEN): 

S. 3545. A bill to amend title 11 of the 

United States Code to clarify the rule allowing discharge as a nonpriority claim of governmental claims arising from the disposition of farm assets under chapter 12 bankruptcies; to the Committee on Finance. 

By Mr. JOHNSON of South Dakota (for 

himself, Mr. AKAKA, Mr. TESTER, Mr. 

UDALL of New Mexico, and Mr. 

FRANKEN): 

S. 3546. A bill to amend the Native American Programs Act of 1974 to reauthorize a 

provision to ensure the survival and continuing vitality of Native American languages; to the Committee on Indian Affairs. 

By Mr. KERRY (for himself, Mr. LIEBERMAN, Mr. SANDERS, and Mr. 

BLUMENTHAL): 

S. 3547. A bill to amend the Lacey Act 

Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to 

further the conservation of certain wildlife 

species, and for other purposes; to the Committee on Environment and Public Works. 

By Mr. AKAKA: 

S. 3548. A bill to clarify certain provisions 

of the Native American Veterans’ Memorial 

Establishment Act of 1994; to the Committee 

on Indian Affairs. 

By Mrs. GILLIBRAND: 

S. 3549. A bill to amend the Comprehensive 

Environmental Response, Compensation, and 

Liability Act of 1980 to provide grants for the 

revitalization of waterfront brownfields, and 

for other purposes; to the Committee on Environment and Public Works. 

By Mr. BLUMENTHAL (for himself and 

Mr. HARKIN): 

S. 3550. A bill to amend the Higher Education Act of 1965 to protect students from 

deceptive practices and high-pressure sales 

by institutions of higher education, to provide a waiting period for students to make 

enrollment decisions, to guard against misrepresentation, to standardize and elevate 

institutional disclosures, and for other purposes; to the Committee on Health, Education, Labor, and Pensions. 

By Mr. DEMINT (for himself and Mr. 

CORKER): 

S. 3551. A bill to require investigations into 

and a report on the September 11–13, 2012, attacks on the United States missions in 

Libya, Egypt, and Yemen, and for other purposes; to the Committee on Foreign Relations. 

By Ms. STABENOW (for herself and 

Mr. ROBERTS): 

S. 3552. A bill to reauthorize the Federal 

Insecticide, Fungicide, and Rodenticide Act; 

considered and passed. 

f 

SUBMISSION OF CONCURRENT AND 

SENATE RESOLUTIONS 

The following concurrent resolutions 

and Senate resolutions were read, and 

referred (or acted upon), as indicated: 

By Mrs. BOXER (for herself and Mr. 

CORNYN): 

S. Res. 554. A resolution calling on the 

Government of the People’s Republic of 

China to facilitate the immediate and unconditional release of Gao Zhisheng, and for 

other purposes; to the Committee on Foreign 

Relations. 

By Mr. CONRAD (for himself, Mr. ENZI, 

and Mr. CARDIN): 

S. Res. 555. A resolution supporting the 

goals and ideals of ‘‘National Save for Retirement Week’’, including raising public 

awareness of the various tax-preferred retirement vehicles and increasing personal financial literacy; to the Committee on Health, 

Education, Labor, and Pensions. 

By Mr. INHOFE: 

S. Res. 556. A resolution expressing the 

sense of the Senate that foreign assistance 

funding to the Governments of Libya and 

Egypt should be suspended until the President certifies to Congress that both governments are providing proper security at 

United States embassies and consulates pursuant to the Vienna Convention on Consular 

Relations; to the Committee on Foreign Relations. 

By Mr. KERRY (for himself, Mr. 

LUGAR, Mrs. FEINSTEIN, Mr. LEAHY, 

Mr. UDALL of Colorado, Mr. LIEBERMAN, Mr. KIRK, Mr. MCCAIN, and Mrs. 

BOXER): 

S. Res. 557. A resolution honoring the contributions of Lodi Gyaltsen Gyari as Special 

Envoy of His Holiness the Dalai Lama and in 

promoting the legitimate rights and aspirations of the Tibetan people; to the Committee on Foreign Relations. 

By Mr. REID: 

S. Res. 558. A resolution congratulating the 

athletes from the State of Nevada and 

throughout the United States who participated in the 2012 Olympic and Paralympic 

Games as members of the United States 

Olympic and Paralympic Teams; to the Committee on Commerce, Science, and Transportation. 

f 

ADDITIONAL COSPONSORS 

S. 621

At the request of Mr. ROCKEFELLER, 

the name of the Senator from West 

Virginia (Mr. MANCHIN) was added as a 

cosponsor of S. 621, a bill to amend the 

Surface Mining Control and Reclamation Act of 1977 to provide for use of excess funds available under that Act to 

provide for certain benefits, and for 

other purposes. 

S. 755

At the request of Mr. WYDEN, the 

name of the Senator from New Jersey 

(Mr. MENENDEZ) was added as a cosponsor of S. 755, a bill to amend the Internal Revenue Code of 1986 to allow an 

offset against income tax refunds to 

pay for restitution and other State judicial debts that are past-due. 

S. 810

At the request of Ms. CANTWELL, the 

name of the Senator from Maryland 

(Ms. MIKULSKI) was added as a cosponsor of S. 810, a bill to prohibit the conducting of invasive research on great 

apes, and for other purposes. 

S. 821

At the request of Mr. LEAHY, the 

name of the Senator from Colorado 

(Mr. BENNET) was added as a cosponsor 

of S. 821, a bill to amend the Immigration and Nationality Act to eliminate 

discrimination in the immigration 

laws by permitting permanent partners 

of United States citizens and lawful 

permanent residents to obtain lawful 

permanent resident status in the same 

manner as spouses of citizens and lawful permanent residents and to penalize 

immigration fraud in connection with 

permanent partnerships. 

S. 829

At the request of Mr. CARDIN, the 

name of the Senator from Michigan 

(Ms. STABENOW) was added as a cosponsor of S. 829, a bill to amend title XVIII 

of the Social Security Act to repeal the 

Medicare outpatient rehabilitation 

therapy caps. 

S. 996

At the request of Mr. ROCKEFELLER, 

the name of the Senator from Alaska 

(Ms. MURKOWSKI) was added as a cosponsor of S. 996, a bill to amend the 

Internal Revenue Code of 1986 to extend 

the new markets tax credit through 

2016, and for other purposes. 

S. 998

At the request of Mr. AKAKA, the 

name of the Senator from North Dakota (Mr. CONRAD) was added as a cosponsor of S. 998, a bill to amend title 

IV of the Employee Retirement Income 

Security Act of 1974 to require the Pension Benefit Guaranty Corporation, in 

the case of airline pilots who are required by regulation to retire at age 60, 

to compute the actuarial value of 

monthly benefits in the form of a life 

annuity commencing at age 60. 

S. 1171

At the request of Mr. SCHUMER, the 

names of the Senator from New Hampshire (Mrs. SHAHEEN) and the Senator 

from Michigan (Ms. STABENOW) were 

added as cosponsors of S. 1171, a bill to 

amend the Internal Revenue Code of 

1986 to extend the exclusion from gross 

income for employer-provided health 

coverage for employees’ spouses and 

dependent children to coverage provided to other eligible dependent beneficiaries of employees. 

S. 1301

At the request of Mr. LEAHY, the 

name of the Senator from Iowa (Mr. 

HARKIN) was added as a cosponsor of S. 

1301, a bill to authorize appropriations 

for fiscal years 2012 through 2015 for the 

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September 13, 2012 CONGRESSIONAL RECORD — SENATE S6341 

Trafficking Victims Protection Act of 

2000, to enhance measures to combat 

trafficking in persons, and for other 

purposes. 

S. 1324

At the request of Mrs. BOXER, the 

name of the Senator from Maryland 

(Ms. MIKULSKI) was added as a cosponsor of S. 1324, a bill to amend the Lacey 

Act Amendments of 1981 to prohibit the 

importation, exportation, transportation, and sale, receipt, acquisition, or 

purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other 

purposes. 

S. 1512

At the request of Mr. CARDIN, the 

name of the Senator from North Dakota (Mr. CONRAD) was added as a cosponsor of S. 1512, a bill to amend the 

Internal Revenue Code of 1986 and the 

Small Business Act to expand the 

availability of employee stock ownership plans in S corporations, and for 

other purposes. 

S. 1894

At the request of Mr. SCHUMER, the 

name of the Senator from California 

(Mrs. FEINSTEIN) was added as a cosponsor of S. 1894, a bill to deter terrorism, provide justice for victims, and 

for other purposes. 

S. 1910

At the request of Mr. LIEBERMAN, the 

name of the Senator from California 

(Mrs. FEINSTEIN) was added as a cosponsor of S. 1910, a bill to provide benefits to domestic partners of Federal 

employees. 

S. 1966

At the request of Ms. AYOTTE, the 

name of the Senator from Mississippi 

(Mr. COCHRAN) was added as a cosponsor of S. 1966, a bill to direct the Secretary of Homeland Security to reform 

the process for enrolling, activating, 

issuing, and renewing Transportation 

Worker Identification Credentials so 

that applicants are not required to 

visit a designated enrollment center 

more than once. 

S. 2046

At the request of Ms. MIKULSKI, the 

name of the Senator from Illinois (Mr. 

DURBIN) was added as a cosponsor of S. 

2046, a bill to amend the Immigration 

and Nationality Act to modify the requirements of the visa waiver program 

and for other purposes. 

S. 2172

At the request of Ms. SNOWE, the 

name of the Senator from Massachusetts (Mr. BROWN) was added as a cosponsor of S. 2172, a bill to remove the 

limit on the anticipated award price 

for contracts awarded under the procurement program for women-owned 

small business concerns, and for other 

purposes. 

S. 2234

At the request of Mr. BLUMENTHAL, 

the name of the Senator from New 

York (Mrs. GILLIBRAND) was added as a 

cosponsor of S. 2234, a bill to prevent 

human trafficking in government contracting. 

S. 2288

At the request of Ms. LANDRIEU, the 

name of the Senator from Alaska (Mr. 

BEGICH) was added as a cosponsor of S. 

2288, a bill to amend title XXVII of the 

Public Health Service Act to preserve 

consumer and employer access to licensed independent insurance producers. 

S. 2620

At the request of Mr. SCHUMER, the 

name of the Senator from Hawaii (Mr. 

AKAKA) was added as a cosponsor of S. 

2620, a bill to amend title XVIII of the 

Social Security Act to provide for an 

extension of the Medicare-dependent 

hospital (MDH) program and the increased payments under the Medicare 

low-volume hospital program. 

S. 3196

At the request of Ms. SNOWE, the 

name of the Senator from Massachusetts (Mr. BROWN) was added as a cosponsor of S. 3196, a bill to establish 

the National Women’s High-Growth 

Business Bipartisan Task Force, and 

for other purposes. 

S. 3197

At the request of Ms. SNOWE, the 

name of the Senator from Massachusetts (Mr. BROWN) was added as a cosponsor of S. 3197, a bill to reauthorize 

the women’s business center program 

of the Small Business Administration, 

and for other purposes. 

S. 3204

At the request of Mr. JOHANNS, the 

name of the Senator from Montana 

(Mr. BAUCUS) was added as a cosponsor 

of S. 3204, a bill to address fee disclosure requirements under the Electronic 

Fund Transfer Act, and for other purposes. 

S. 3244

At the request of Mr. FRANKEN, the 

name of the Senator from Rhode Island 

(Mr. WHITEHOUSE) was added as a cosponsor of S. 3244, a bill to amend the 

Higher Education Opportunity Act to 

add disclosure requirements to the institution financial aid offer form and 

to amend the Higher Education Act of 

1965 to make such form mandatory. 

S. 3248

At the request of Mr. ENZI, the name 

of the Senator from Nebraska (Mr. 

NELSON) was added as a cosponsor of S. 

3248, a bill to designate the North 

American bison as the national mammal of the United States. 

S. 3252

At the request of Mr. PORTMAN, the 

name of the Senator from Nevada (Mr. 

REID) was added as a cosponsor of S. 

3252, a bill to provide for the award of 

a gold medal on behalf of Congress to 

Jack Nicklaus, in recognition of his 

service to the Nation in promoting excellence, good sportsmanship, and philanthropy. 

S. 3402

At the request of Mr. CASEY, the 

name of the Senator from Maryland 

(Ms. MIKULSKI) was added as a cosponsor of S. 3402, a bill to require the Secretary of Labor to maintain a publicly 

available list of all employers that relocate a call center overseas, to make 

such companies ineligible for Federal 

grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for 

other purposes. 

S. 3426

At the request of Mr. MERKLEY, the 

name of the Senator from Connecticut 

(Mr. BLUMENTHAL) was added as a cosponsor of S. 3426, a bill to amend the 

Truth in Lending Act to address certain issues related to the extension of 

consumer credit, and for other purposes. 

S. 3457

At the request of Mr. NELSON of Florida, the names of the Senator from 

Pennsylvania (Mr. CASEY) and the Senator from West Virginia (Mr. MANCHIN) 

were added as cosponsors of S. 3457, a 

bill to require the Secretary of Veterans Affairs to establish a veterans 

jobs corps, and for other purposes. 

S. 3463

At the request of Mr. FRANKEN, the 

names of the Senator from Maryland 

(Mr. CARDIN) and the Senator from Hawaii (Mr. AKAKA) were added as cosponsors of S. 3463, a bill to amend title 

XVIII of the Social Security Act to reduce the incidence of diabetes among 

Medicare beneficiaries. 

S. 3477

At the request of Mrs. BOXER, the 

names of the Senator from California 

(Mrs. FEINSTEIN), the Senator from 

Maryland (Mr. CARDIN) and the Senator 

from Maryland (Ms. MIKULSKI) were 

added as cosponsors of S. 3477, a bill to 

ensure that the United States promotes women’s meaningful inclusion 

and participation in mediation and negotiation processes undertaken in 

order to prevent, mitigate, or resolve 

violent conflict and implements the 

United States National Action Plan on 

Women, Peace, and Security. 

S. 3485

At the request of Mr. BROWN of Ohio, 

the name of the Senator from Texas 

(Mrs. HUTCHISON) was added as a cosponsor of S. 3485, a bill to limit the 

authority of States to tax certain income of employees for employment duties performed in other States. 

S. 3522

At the request of Mr. MENENDEZ, the 

name of the Senator from Louisiana 

(Ms. LANDRIEU) was added as a cosponsor of S. 3522, a bill to provide for the 

expansion of affordable refinancing of 

mortgages held by the Federal National Mortgage Association and the 

Federal Home Loan Mortgage Corporation. 

S. 3536

At the request of Mr. BLUMENTHAL, 

the name of the Senator from Maryland (Mr. CARDIN) was added as a cosponsor of S. 3536, a bill to amend the 

Internal Revenue Code of 1986 to extend 

the work opportunity credit for hiring 

veterans, and for other purposes. 

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S6342 CONGRESSIONAL RECORD — SENATE September 13, 2012 

S.J. RES. 50

At the request of Mr. HATCH, the 

names of the Senator from North Dakota (Mr. HOEVEN), the Senator from 

Texas (Mrs. HUTCHISON), the Senator 

from Tennessee (Mr. ALEXANDER), the 

Senator from Georgia (Mr. ISAKSON) 

and the Senator from South Carolina 

(Mr. GRAHAM) were added as cosponsors 

of S.J. Res. 50, a joint resolution 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. 

S. RES. 543

At the request of Mrs. BOXER, the 

name of the Senator from Kansas (Mr. 

ROBERTS) was added as a cosponsor of 

S. Res. 543, a resolution to express the 

sense of the Senate on international 

parental child abduction. 

AMENDMENT NO. 2782

At the request of Mr. MCCONNELL, his 

name was added as a cosponsor of 

amendment No. 2782 intended to be proposed to S. 3457, a bill to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes. 

AMENDMENT NO. 2790

At the request of Mr. BLUMENTHAL, 

the name of the Senator from Montana 

(Mr. TESTER) was added as a cosponsor 

of amendment No. 2790 intended to be 

proposed to S. 3457, a bill to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes. 

AMENDMENT NO. 2801

At the request of Ms. SNOWE, the 

names of the Senator from Washington 

(Mrs. MURRAY) and the Senator from 

Minnesota (Ms. KLOBUCHAR) were added 

as cosponsors of amendment No. 2801 

intended to be proposed to S. 3457, a 

bill to require the Secretary of Veterans Affairs to establish a veterans 

jobs corps, and for other purposes. 

f 

STATEMENTS ON INTRODUCED 

BILLS AND JOINT RESOLUTIONS 

By Mr. KERRY: 

S. 3539. A bill to encourage the adoption and use of certified electronic 

health record technology by safety net 

providers and clinics; to the Committee on Finance. 

Mr. KERRY. Mr. President, the 

American Recovery and Reinvestment 

Act of 2009, ARRA, provided Medicare 

and Medicaid incentive payments to 

providers that adopt and meaningfully 

use electronic health records, EHRs, in 

their practices. While this program has 

helped thousands of providers, practices, and hospitals nationwide, many 

safety net providers and clinics have 

not been able to benefit from the Medicaid EHR incentives. 

Safety net providers serve as a critical entry point into the health care 

system, and provide essential health 

care services for millions of low-income, uninsured and underinsured individuals. Given that Medicaid eligibility 

levels are so low in many States, it is 

difficult for many safety net providers 

to meet the 30 percent Medicaid threshold required to participate in the Medicaid EHR incentive program even 

though their patients are predominately low-income. Congress addressed 

this problem only for practitioners 

working in federally-qualified health 

centers and rural health centers by creating a 30 percent ‘‘needy’’ threshold in 

ARRA for those providers. Unfortunately, ARRA fails to provide a similar 

standard for other providers serving 

low-income individuals. 

The Medicaid Information Technology to Enhance Community Health, 

MITECH, Act of 2012 seeks to eliminate 

the barriers that prevent safety net 

providers from qualifying from Medicaid EHR incentives. Specifically, it 

would expand eligibility for meaningful 

use incentives to providers that practice predominantly in a qualified safety net clinic, QSNC. The act defines a 

QSNC as a clinic or network of clinics 

that is operated by a private non-profit 

or public entity and that has at least 30 

percent of its patient volume attributable to needy individuals. The act 

also directs the Secretary of Health 

and Human Services to develop a methodology to allow these clinics to be eligible for meaningful use payments as 

an entity, similar to the current process that exists for hospitals. 

I would like to thank the 13 national 

organizations who have been integral 

to the development of this legislation 

and who have endorsed it today, including the Association of State and 

Territorial Health Officials, the HIV 

Medicine Association, Mental Health 

America, the National Association of 

Public Hospitals, the National Family 

Planning and Reproductive Health Association, and the Trust for America’s 

Health. 

The MITECH Act will allow safety 

net clinics to better communicate with 

patients about necessary screenings, 

help ensure compliance with prescription drugs, and will strengthen the 

safety net which provides essential 

care to so many Americans. It is my 

hope that we can move forward with 

this bill in a bipartisan manner. I ask 

all of my colleagues to support this important legislation. 

By Mr. GRASSLEY (for himself 

and Mr. FRANKEN): 

S. 3545. A bill to amend title 11 of the 

United States Code to clarify the rule 

allowing discharge as a nonpriority 

claim of governmental claims arising 

from the disposition of farm assets 

under chapter 12 bankruptcies; to the 

Committee on Finance. 

Mr. GRASSLEY. Mr. President, I rise 

today to introduce, along with Senator 

FRANKEN, the Family Farmer Bankruptcy Tax Clarification Act of 2012. 

This bill addresses the recent United 

States Supreme Court case Hall v. 

United States. In a 5–4 decision, the 

Supreme Court ruled the provision I inserted into the 2005 Bankruptcy Abuse 

Prevention and Consumer Protection 

Act did not accomplish what we intended. The Family Farmer Bankruptcy Tax Clarification Act of 2012 

corrects this and clarifies that bankrupt family farmers reorganizing their 

debts are able to treat capital gains 

taxes owed to a governmental unit, 

arising from the sale of farm assets 

during a bankruptcy, as general unsecured claims. This bill will remove the 

Internal Revenue Service’s veto power 

over a bankruptcy reorganization 

plan’s confirmation, giving the family 

farmer a chance to reorganize successfully. 

In 1986 Congress enacted Chapter 12 

of the Bankruptcy Code to provide a 

specialized bankruptcy process for family farmers. In 2005 Chapter 12 was 

made permanent. Between 1986 and 2005 

we learned what aspects worked and 

did not work for family farmers reorganizing in bankruptcy. One problematic 

area was where a family farmer needed 

to sell assets in order to generate cash 

for the reorganization. Specifically, a 

family farmer would have to sell portions of the farm to generate cash to 

fund a reorganization plan so that the 

creditors could receive payment. Unfortunately, in situations like this, the 

family farmer is selling land that has 

been owned for a very long time, with 

a very low cost basis. Thus, when the 

land is sold, the family farmer is hit 

with a substantial capital gains tax, 

which is owed to the Internal Revenue 

Service. 

Under the Bankruptcy Code, taxes 

owed to the Internal Revenue Service 

receive priority treatment. Holders of 

priority claims must receive payment 

in full, unless the claim holder agrees 

to be treated differently. This creates 

problems for the family farmer who 

needs the cash to pay creditors to reorganize. However, since the Internal 

Revenue Service has the ability to require full payment, they hold veto 

power over a plan’s confirmation, 

which means in many instances the 

plan will not be confirmed. This does 

not make sense if the goal is to give 

the family farmer a fresh start. Thus, 

in 2005 Congress said that in these limited situations, the taxes owed to the 

Internal Revenue Service could be 

treated as general, unsecured debt. 

This removed the government’s veto 

power over plan confirmation and 

paved the way for family farmers to reorganize successfully. 

However, in Hall v. United States, 

the Supreme Court ruled that despite 

Congress’s express goal of helping family farmers, the language inserted into 

the Bankruptcy Code in 2005 conflicted 

with the Tax Code. The Hall case was 

one of statutory interpretation. There 

is no question what Congress was trying to do; rather, did Congress use the 

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