[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.''.

____________________