[Congressional Record Volume 158, Number 37 (Wednesday, March 7, 2012)]
[Senate]
[Pages S1461-S1462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCONNELL (for himself and Mr. Paul):
  S. 2169. A bill to require the Director of the Bureau of Prisons to 
be appointed by and with the advice and consent of the Senate; to the 
Committee on the Judiciary.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                S. 2169

       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 ``Federal Prisons 
     Accountability Act of 2012''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Director of the Bureau of Prisons leads a law 
     enforcement component of the Department of Justice with a 
     budget that exceeds $6,500,000,000 for fiscal year 2012.
       (2) With the exception of the Federal Bureau of 
     Investigation, the Bureau of Prisons has the largest 
     operating budget of any unit within the Department of 
     Justice.
       (3) The Director of the Bureau of Prisons oversees and is 
     responsible for the welfare of more than 216,000 Federal 
     inmates in 117 facilities.
       (4) The Director of the Bureau of Prisons supervises more 
     than 37,000 employees, many of whom operate in hazardous 
     environments that involve regular interaction with violent 
     offenders.
       (5) The Director of the Bureau of Prisons also serves as 
     the chief operating officer for Federal Prisons Industries, a 
     wholly owned government enterprise of 98 prison factories 
     that directly competes against the private sector, including 
     small businesses, for Government contracts.
       (6) Within the Department of Justice, in addition to those 
     officials who oversee litigating components, the Director of 
     the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the 
     Director of the Bureau of Justice Assistance, the Director of 
     the Bureau of Justice Statistics, the Director of the 
     Community Relations Service, the Director of the Federal 
     Bureau of Investigation, the Director of the National 
     Institute of Justice, the Director of the Office for Victims 
     of Crime, the Director of the Office on Violence Against 
     Women, the Administrator of the Drug Enforcement 
     Administration, the Deputy Administrator of the Drug 
     Enforcement Administration, the Administrator of the Office 
     of Juvenile Justice and Delinquency Prevention, the Director 
     of the United States Marshals Service, 94 United States 
     Marshals, the Inspector General of the Department of Justice, 
     and the Special Counsel for Immigration Related Unfair 
     Employment Practices, are all appointed by the President by 
     and with the advice and consent of the Senate.
       (7) Despite the significant budget of the Bureau of Prisons 
     and the vast number of people under the responsibility of the 
     Director of the Bureau of Prisons, the Director is not 
     appointed by and with the advice and consent of the Senate.

     SEC. 3. DIRECTOR OF THE BUREAU OF PRISONS.

       (a) In General.--Section 4041 of title 18, United States 
     Code, is amended by striking ``appointed by and serving 
     directly under the Attorney General.'' and inserting the 
     following: ``who shall be appointed by the President by and 
     with the advice and consent of the Senate. The Director shall 
     serve directly under the Attorney General.''.
       (b) Incumbent.--Notwithstanding the amendment made by 
     subsection (a), the individual serving as the Director of the 
     Bureau of Prisons on the date of enactment of this Act may 
     serve as the Director of the Bureau of Prisons until the date 
     that is 3 months after the date of enactment of this Act.
       (c) Rule of Construction.--Nothing in this Act shall be 
     construed to limit the ability of the President to appoint 
     the individual serving as the Director of the Bureau of 
     Prisons on the date of enactment of this Act to the position 
     of the Director of the Bureau of Prisons in accordance with 
     section 4041 of title 18, United States Code, as amended by 
     subsection (a).
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Lieberman, Mr. Levin, and Mr. 
        Lee):
  S. 2170. A bill to amend the provisions of title 5, United States 
Code, which are commonly referred to as the ``Hatch Act'' to eliminate 
the provision preventing certain State and local employees from seeking 
elective office, clarify the application of certain provisions to the 
District of Columbia, and modify the penalties which may be imposed for 
certain violations under subchapter III of chapter 73 of that title; to 
the Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Hatch Act 
Modernization Act of 2012. I am pleased that Senators Lieberman, Levin, 
and Lee have joined as cosponors.
  The Hatch Act restricts political activity of Federal employees, 
District of Columbia employees, and certain other state and local 
employees. Originally enacted in 1939, the Hatch Act has not been 
amended since 1993.
  The Hatch Act plays two very important roles. First, it ensures that 
the government works for American citizens regardless of the political 
party controlling the White House or Congress. Second, the Hatch Act 
protects Federal employees in the workplace. Specifically, the Hatch 
Act restricts Federal employees' partisan political action in order to 
protect them for being coerced to participate in political activities 
in the workplace. This is essential to the merit-based system that 
currently exists.
  In 2007, I chaired a hearing of the Senate Subcommittee of Oversight 
of Government Management, the Federal Workforce, and the District of 
Columbia, which examined whether enhancements or clarifications to the 
Hatch Act were necessary. Since that time, I have considered what 
changes to the law would be appropriate, while being mindful that the 
Hatch Act represents a careful balance intended to shield employees 
from pressure to use federal time and money for partisan gain, while 
also protecting employees' personal freedoms of choice and expression.
  The legislation I am introducing today makes common sense changes to 
the Hatch Act. First, it would grant State and local employees the 
freedom to run for partisan elective office. Under current law, state 
and local employees are permitted to run for nonpartisan elective 
office, but are prohibited from running for partisan elective office. 
This can lead to confusing and inconsistent rules in different 
locations, depending on whether a particular elective office is 
categorized as partisan or non-partisan. This change will also save the 
government money, as the Office of Special Counsel would not be 
required to spend valuable time and resources investigating the 
hundreds of complaints it receives each year on this issue.
  The legislation would also modify the Hatch Act's draconian penalty 
provisions. The Hatch Act currently provides for a presumed penalty of 
termination for any violation of the law, regardless of its severity. 
Under the law, it is possible that a federal employee could lose his or 
her job for inadvertently sending an email at work containing improper 
political content or hanging a picture on his or her wall during a 
campaign season. My bill would amend these provisions of the Hatch Act 
to allow the Merit Systems Protection Board, which adjudicates Hatch 
Act complaints in the federal government, to impose a range of 
penalties, from termination to a reprimand, depending on the nature of 
the offense involved.
  Finally, the legislation would ensure that employees of the District 
of Columbia are subject to the same restrictions on political activity 
that currently apply to all other state and local employees. Under 
present law, District of Columbia employees are subject to the Hatch 
Act provisions that apply to federal employees, rather than those that 
apply to employees of States and localities.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2170

       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 ``Hatch Act Modernization Act 
     of 2012''.

     SEC. 2. PERMITTING STATE AND LOCAL EMPLOYEES TO BE CANDIDATES 
                   FOR ELECTIVE OFFICE.

       (a) In General.--Section 1502(a) of title 5, United States 
     Code, is amended--
       (1) in paragraph (1), by adding ``or'' after the semicolon;
       (2) in paragraph (2), by striking ``purposes; or'' and 
     inserting ``purposes.''; and
       (3) by striking paragraph (3).
       (b) Technical and Conforming Amendments.--
       (1) Reference to state and local officials.--Section 1502 
     of title 5, United States Code, is amended by striking 
     subsection (c).
       (2) Nonpartisan candidacies.--

[[Page S1462]]

       (A) In general.--Section 1503 of title 5, United States 
     Code, is repealed.
       (B) Table of sections.--The table of sections for chapter 
     15 of title 5, United States Code, is amended by striking the 
     item relating to section 1503.

     SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO STATE AND 
                   LOCAL EMPLOYEES.

       (a) State or Local Agency.--Section 1501(2) of title 5, 
     United States Code, is amended by inserting ``, or the 
     District of Columbia, or an agency or department thereof'' 
     before the semicolon.
       (b) State or Local Officer or Employee.--Section 1501(4) of 
     title 5, United States Code, is amended by striking 
     subparagraph (B) and inserting the following:
       ``(B) an individual employed by an educational or research 
     institution, establishment, agency, or system which is 
     supported in whole or in part by--
       ``(i) a State or political subdivision thereof;
       ``(ii) the District of Columbia; or
       ``(iii) a recognized religious, philanthropic, or cultural 
     organization.''.
       (c) Merit Systems Protection Board Orders.--Section 
     1506(a)(2) of title 5, United States Code, is amended by 
     inserting ``(or in the case of the District of Columbia, in 
     the District of Columbia)'' after ``the same State''.
       (d) Provisions Relating to Federal Employees Made 
     Inapplicable.--Section 7322(1) of title 5, United States 
     Code, is amended--
       (1) in subparagraph (A), by adding ``or'' at the end;
       (2) in subparagraph (B), by striking ``or'' at the end;
       (3) by striking subparagraph (C); and
       (4) by striking ``services;'' and inserting ``services or 
     an individual employed or holding office in the government of 
     the District of Columbia;''.

     SEC. 4. HATCH ACT PENALTIES FOR FEDERAL EMPLOYEES.

       Chapter 73 of title 5, United States Code, is amended by 
     striking section 7326 and inserting the following:

     ``Sec.  7326. Penalties

       ``An employee or individual who violates section 7323 or 
     7324 shall be subject to removal, reduction in grade, 
     debarment from Federal employment for a period not to exceed 
     5 years, suspension, reprimand, or an assessment of a civil 
     penalty not to exceed $1,000.''.

     SEC. 5. EFFECTIVE DATE.

       (a) In General.--This Act and the amendments made by this 
     Act shall take effect 30 days after the date of enactment of 
     this Act.
       (b) Applicability Rule.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by section 4 shall apply with respect to any 
     violation occurring before, on, or after the effective date 
     of this Act.
       (2) Exception.--The amendment made by section 4 shall not 
     apply with respect to an alleged violation if, before the 
     effective date of this Act--
       (A) the Special Counsel has presented a complaint for 
     disciplinary action, under section 1215 of title 5, United 
     States Code, with respect to the alleged violation; or
       (B) the employee alleged to have committed the violation 
     has entered into a signed settlement agreement with the 
     Special Counsel with respect to the alleged violation.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mrs. Gillibrand, Ms. Landrieu, Mr. 
        Bennet, Mrs. Shaheen, Ms. Mikulski, and Ms. Murkowski):
  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; to the Committee on 
Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today, at the onset of Women's 
History Month, along with my colleagues Senators Gillibrand, Landrieu, 
Bennet, Shaheen, Mikulski, and Murkowski to introduce the Fairness in 
Women-Owned Small Business Contracting Act. The purpose of the bill is 
to remove inequities that exist in the women-owned small business 
contracting program, when compared to other socio-economic programs.
  As former Chair and now Ranking Member of the Senate Committee on 
Small Business and Entrepreneurship, I have long championed women 
entrepreneurship and have urged both past and present Administrations 
to implement the woman-owned small business, WOSB, Federal contracting 
program, which was enacted into law 10 years ago. On March 4, 2010, the 
Small Business Administration, SBA, finally proposed a workable rule to 
implement the women's procurement program. I am pleased to report that 
today there is a functional WOSB contracting program, however, the 
program lacks the critical elements that the SBA's 8(a), historically 
underutilized business zones, and the service-disabled veteran-owned 
government contracting programs include.
  To remedy this, our bipartisan bill will help provide tools women 
need to compete fairly in the Federal contracting arena by allowing for 
receipt of non-competitive contracts, when circumstances allow. 
Moreover, the legislation would eliminate a restriction on the dollar 
amount of a contract that a WOSB can compete for, thus putting them on 
a level playing field with the other socio-economic contracting 
programs.
  Women-owned small businesses have yet to receive their fair share of 
the Federal marketplace. In fact, our government has never achieved its 
goal of five percent of contracts going to WOSBs, achieving only 4.04 
percent in fiscal year 2010. Our bill would greatly assist Federal 
agencies in achieving the small business goaling requirement for WOSBs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2172

       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 ``Fairness in Women-Owned 
     Small Business Contracting Act of 2012''.

     SEC. 2. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS 
                   CONCERNS.

       Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``who are economically 
     disadvantaged'';
       (B) in subparagraph (C), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (C) by striking subparagraph (D); and
       (D) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (D) and (E), respectively; and
       (2) by adding at the end the following:
       ``(7) Sole source contracts.--A contracting officer may 
     award a sole source contract under this subsection to a small 
     business concern owned and controlled by women under the same 
     conditions as a sole source contract may be awarded to a 
     qualified HUBZone small business concern under section 
     31(b)(2)(A).''.

     SEC. 3. STUDY AND REPORT ON REPRESENTATION OF WOMEN.

       Section 29 of the Small Business Act (15 U.S.C. 656) is 
     amended by adding at the end the following:
       ``(o) Study and Report on Representation of Women.--
       ``(1) Study.--The Administrator shall periodically conduct 
     a study to identify any United States industry, as defined 
     under the North American Industry Classification System, in 
     which women are underrepresented.
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of this subsection, and every 5 years thereafter, 
     the Administrator shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the results of each study under paragraph (1) conducted 
     during the 5-year period ending on the date of the report.''.

                          ____________________