Mike Crapo

Mr. CRAPO

Mr. CRAPO. Mr. President, earlier today the Senate held a first of a series of cloture votes on controversial nominations by voting to invoke cloture on the nominee to be the Director of the Consumer Financial Protection Bureau. This agency is unlike any other Federal agency. Under its current structure, the CFPB has very broad discretion but very little in terms of executive or congressional oversight. It is not a debate about whether Republicans in the Senate support consumer protection, as some would portray it. Both sides agree everyone benefits from a mortgage industry and marketplace free of fraud and other deceptive, exploitive practices. Republicans did not object to consumer protection when it was placed in each of the prudential banking regulators. In fact, bills aimed specifically at consumer protection passed with an overwhelming majority in the Senate. The Fair and Accurate Credit Transactions Act of 2003 passed 95 to 2, and the Credit CARD Act of 2009 passed 90 to 5. During the Dodd-Frank debate, the key point of contention was not the value of consumer protection but, rather, the Bureau's design. One of the lessons of the financial crisis is that we need a supervisory program that looks and considers how safety, soundness, and consumer protection work together to create a better functioning financial system. What Republicans have been asking for is that the Bureau be restructured in the same way as other similarly situated financial regulators, with accountability and transparency to Congress and to the taxpayers. As outlined in two letters to the President sent by Republican Senators in May 2011 and this past February, the changes highlighted are not new. In fact, they exist in the current Federal regulatory landscape. One of the key changes we seek is the establishment of a board of directors to oversee the Consumer Financial Protection Bureau with staggered terms. This is the structure of the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Trade Commission, the Federal Deposit Insurance Corporation, and the Federal Reserve. A board of directors would allow for the consideration of multiple viewpoints in decisionmaking and would reduce the potential for politicization of regulations. Indeed, the administration originally supported a board of directors for the Bureau. In 2009, the Obama administration proposed a stand- alone Consumer Financial Protection Agency with a board of directors funded through the congressional appropriations process. The Bureau also should be subject to the congressional appropriations process, rather than, as the Dodd-Frank legislation did, to fund it through the Federal Reserve with no review by Congress. While Mr. Cordray stated that he would come and testify before the Appropriations Committee, this is quite different than Congress being able to oversee how the monies that the agency utilizes are spent. For example, the CFPB intends to spend close to $100 million to renovate its current headquarters. This amount is double the amount that the Government Services Administration has for property acquisition and renovation in any 1 year. Finally, consumer protection cannot and must not be detached from prudential regulation. Although the Bureau must consult with other prudential regulators before finalizing its rulemaking, the Bureau can simply disregard their advice. By establishing a solid safety and soundness check for prudential regulation, the link and coordination between prudential supervision and protection would be strengthened by allowing potential regulators to provide meaningful input into the CFPB's actions and proposals. Such collaboration will only strengthen our financial system, not weaken consumer protection. Without it, the CFPB and prudential regulators may issue rules that result in confusion for the regulated entities, as has already been the case with conflicting guidance for private student loans, and the many questions raised by the qualified mortgage final rule. The Dodd-Frank solution was to have the Financial Stability Oversight Council review certain CFPB actions, but it set the threshold at two- thirds of the FSOC members. This very high threshold before the FSOC can act renders its veto virtually meaningless. Since the beginning of this year, I have encountered a number of items with the CFPB that are a cause of concern and warrant greater scrutiny, but it is the Federal agency's data collection initiative that is the most disturbing to me. Recently, we learned from press accounts--not from the agency but from press accounts--that the CFPB was spending tens of millions of dollars to collect Americans' credit data. We have learned from the recent IRS, Associated Press, and NSA scandals what happens when government agencies cross the line and watch our citizens instead of watching out for them. There is a trust deficit in government today. During the last several months, I have raised significant concerns with the CFPB's data collection efforts. I have been told that the Bureau needs big data to level the playing field. However, the Bureau's efforts go far beyond simply leveling the playing field. Unfortunately, for an agency that prides itself on transparency, I have encountered very little concrete answers to very basic questions. For example, I have asked the Bureau on three occasions to give me information on the number of Americans' credit accounts that the CFPB is currently monitoring. In response, the CFPB said the information was confidential and could not be supplied. Information coming from last week's hearing in the House Financial Services Committee indicates that the CFPB is undertaking unprecedented data collection on possibly hundreds of millions of Americans' accounts, possibly as many as 900 million credit card accounts in the United States. The size of this data collection and the amount of money being spent by the agency are a cause of concern and should be for those Americans whose financial and credit data is being sent to the Bureau each and every single month. The CFPB is collecting credit card account data, bank account data, mortgage data, and student loan data. In addition, the Bureau has hired third parties to act as its agent to collect, aggregate, and produce consumer credit data on behalf of the agency. Some contracts even contain instructions to follow specific consumer accounts over time. This ultimately allows the CFPB to monitor, on a monthly basis, an individual consumer's financial activity. Some of the data collected and provided to the CFPB monthly includes account balances, ZIP Code+4 location data, the year of birth, and other demographic information. Thus, the CFPB can know how much you owe, how much money you have, how much you pay each month, and where you live within a few blocks. The Bureau has stated publicly on several occasions that it does not collect personally identifiable information other than the voluntary personally identifiable information consumers submit to the Consumer Complaint Database and in supervisory exams. However, two documents drafted by the CFPB seem to raise doubts about this Federal agency's actions. Pursuant to the Privacy Act of 1974, the CFPB's System of Records Notice of November 2012 for the consumer and market research database states that some of the collected data ``will be personally identifiable information.'' In addition, a CFPB contract with a third party data aggregator states: Most, if not all, of the data will be confidential supervisory information, and some of the data will contain sensitive Personal Identifiable Information (PII). Questions still remain about what type of personal information is collected by the CFPB and what is collected by the agency's contractors. But without the structural changes to the agency that we are asking for, it is hard to get answers to the question. At the hearing in the House last week, a CFPB official was unable to state how many agency employees have access to this enormous amount of credit data. He was also unaware of any law which is used when employees access the data. I also question whether the Bureau has put in proper policies and procedures to prevent the data from being reengineered and reverse engineered. I consider these to be very serious privacy concerns by the very agency that was created to watch out for consumers, not to watch consumers. Banks constantly worry about cyber attacks. Recent news reports have run stories about the Federal Reserve and the IRS being susceptible to cyber attacks. What assurances do we have from the CFPB that these massive troves of consumer credit information are safe? Data safety is particularly of concern, given that both the GAO and the CFPB's inspector general have found weaknesses in the CFPB data security programs and policies. Because I was unable to get sufficient answers out of the CFPB, I turned to the Government Accountability Office and requested that it look into the agency's data collection and security efforts. That review is now underway. With regard to the regulatory role of the agency, in the past 2 years the Bureau has issued numerous new rulemakings, resulting in significant cumulative burdens for affected institutions, especially small and community banks that often only have a handful of employees. Remember, there is no board directing this agency. There is no board to whom the Director of the agency responds. One single individual has been given the authority in this statute, without oversight by Congress of his or her budget, to single-handedly issue rules and regulations. In the span of 10 days this past January, the CFPB issued more than 3,500 pages of final rules affecting mortgage markets and other industries. This represents more than 1 million total words of regulatory text. When I asked at an April hearing about the overwhelming number of regulations the Bureau issued in 1 single month, I was told that there were ``less than 100 pages of rules'' when translated into the Federal Register. Well, 100 pages of rules is a lot, but this ignores the more than 2,500 pages of guidance, analysis, and interpretations--which are all admissible in court--and all of which are required reading for anyone who has to comply with this complex web of rules. In order to understand and comply with these regulations, institutions are forced to hire lawyers and compliance officers, tying up resources that could be better spent on growing business, creating jobs, and boosting the economy. Again, recall that the connection between safety and soundness regulations was severed with the creation of this agency. Instead, these additional compliance costs are inevitably passed on to the consumers, which is especially harmful during a time of high unemployment and sluggish economic growth. If we were convinced that the agency was at least protecting consumers rather than collecting data on all individual Americans who have credit cards, student loans, mortgages, or bank accounts, then perhaps we could at least engage in a discussion or a debate about whether the agency's actions are appropriate and effective. I am concerned that without the strong cost-benefit analysis and input from the small business panels in crafting rules, even well- intentioned rules could make consumer credit more expensive and less affordable. Another concern I have with the CFPB is the enactment of policy changes outside of the established notice-and-comment rulemaking process. In March, the CFPB posted a legal bulletin on its blog instructing auto lenders to adjust compensation practices to avoid violating fair lending laws. The bulletin includes significant legal interpretations and suggests that the Bureau may utilize its enforcement powers to ensure that lenders adhere to its guidance. The only example the CFPB uses in this bulletin on how auto lenders can effectively comply with fair lending laws is flat pricing, as is interpreted by many, that any other type of pricing will be a clear violation in the CFPB's eyes. If the CFPB intends to make major policy changes, then it needs to go through a regular notice-and-comment rulemaking, not a blog post. This bulletin also, frankly, represents a backdoor attempt by the CFPB to regulate auto dealers, a group that is explicitly exempted from the CFPB's regulatory purview by the Dodd-Frank legislation that created the agency, in what appears to be yet another example of CFPB's overreach. In conclusion, I will continue to work toward oversight of the agency to ensure accountability and transparency for the American people. Those who are trying to paint our demands as being extraordinary need to look at the extraordinary data collection and actions of this agency and look at our regulatory landscape with similarly situated financial regulators. Those who are trying to portray these demands as another attempt to water down consumer protection need to realize that consumer protection divested from safety and soundness does not make for a better financial system or for greater benefit to consumers. We found in our review of the CFPB that the agency does have serious problems in a number of different areas. The lack of prompt and complete responses from the agency regarding its big data collection of Americans' credit accounts is very troubling but is indicative of the lack of transparency established when this agency was created. The expenditure of nearly $100 million for building renovations is extremely troubling in these tight economic times. While the confirmation of the nominee is now all but certain, there remains significant work and oversight to ensure the CFPB is an accountable agency and that it is transparent in its actions for all Americans to see. I yield the floor.

Mr. CRAPO. I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CRAPO

Mr. CRAPO. Madam President, I rise today to recognize the outstanding work of Alan Cameron, who is retiring from serving as president and chief executive officer of the Idaho Credit Union League. Alan has skillfully led the Idaho Credit Union League since 2000. Prior to serving as president and CEO for the Idaho Credit Union League and its wholly owned subsidiary League Services, Inc., he devoted more than 20 years to serving as the league's retained legal counsel and lobbyist. Before joining the Idaho Credit Union League, he graduated from the University of Idaho's College of Law, served as deputy prosecuting attorney with the Ada County Prosecuting Attorney's Office, and had a private practice. Alan has given considerable time as an indispensable part of the community and represented the interests of Idahoans at the State and national levels. This includes his service on committees and task forces for the Credit Union National Association and his service as a member of the Federal Reserve Board's Consumer Advisory Council. He also served as treasurer of the Hispanic Financial Education Coalition, treasurer of the Consumer Information Council, and as a board member for the Consumer Credit Counseling Service of Idaho. We are fortunate to count Alan as a fellow Idahoan. Throughout his career, Alan has been a widely respected and thoughtful leader. I have greatly valued his input and advocacy on behalf of Idaho's credit unions as we have worked together over the years. I especially appreciated the considerable amount of input and hard work that Alan invested into helping me craft and move my regulatory relief legislation. The Idaho Credit Union's release about his retirement included a fitting recognition of Alan's exemplary work: The League's Board and staff have thrived under Cameron's leadership. His passion for credit unions and their members have been a beacon during a time of increasing regulatory burden and financial upheaval. He is a trusted friend and voice of reason to state government, business owners, regulators and credit union leaders. Thank you, Alan, for your remarkable service to Idaho and our Nation. I hope that your retirement will provide you with well-earned time to travel with your wife Janet and many good times with your family and friends. Congratulations on your retirement. I thank you for your hard work and wish you a very happy retirement.

Mr. CRAPO

Mr. CRAPO. Mr. President, I rise today to recognize the achievements of Laurel Sayer, who is retiring from congressional service. For the past 14 years, Laurel has served as the Natural Resources and Idaho National Laboratory policy adviser for my fellow Idaho congressional delegation colleague, Representative Mike Simpson. Throughout her career, Laurel has served as a trusted advisor and resource to many. She has worked hard to develop partnerships and advocate for the interests of Idahoans. Prior to working for Representative Simpson, Laurel served as an integral member of my staff for 6 years when I served in the U.S. House of Representatives. Among her responsibilities, she enhanced outreach efforts and provided valuable input on natural resources issues. Laurel joined my House staff with a wealth of community experience, which quickly translated into a great base for advocating for Idahoans in eastern Idaho. The years that she spent doing volunteer efforts in the community paid off for Idahoans as she transitioned into one of the most effective congressional staffers in the State. She has been very involved throughout eastern Idaho and developed valuable relationships with local, State, regional, and Federal Government agencies and numerous organizations and individuals. For example, she has served in leadership roles for the Yellowstone Business Partnership, the Idaho Commission on the Arts, the Idaho Falls Arts Council, the Idaho Community Foundation, and the Education Foundation. Laurel has contributed significantly to the arts in Idaho, including promoting related projects, arts councils, and arts groups. Laurel has served the community, State, and Nation with distinction, and I thank her for her hard work on behalf of Idahoans. I have enjoyed my years of friendship with Laurel and appreciated her kind demeanor, hard work, and tremendous will. Laurel, you have much to be proud of for your many years of dedication and committed service. I congratulate you on your retirement, wish you all the best, and thank you for all you have done for Idahoans.

Mr. CRAPO

Mr. CRAPO. Mr. President, my colleague Senator Jim Risch joins me today in recognizing the significant accomplishments of Sylvia Medina, who is retiring as president & chief executive officer of North Wind, Inc. Sylvia is influential locally, regionally, nationally and internationally. She founded North Wind, headquartered in Idaho Falls, which provides engineering, construction and environmental services to Federal and State agencies and private industry. Through her hard work and innovation, she grew North Wind into a leading business employing more than 300 scientific, engineering, construction and professional personnel in 21 offices throughout the country. In 2009, Sylvia sold North Wind to Cook Inlet Regional, Inc., CIRI, but remained on as president and chief executive officer. Sylvia steps in to address community needs, and she has a strong commitment to community service. She has supported youth and education programs, the arts and environmental conservation efforts. She was also instrumental in raising money for the construction of an animal shelter and dog park. In addition, Sylvia has served in leadership roles for several local and national organizations that include the Idaho State University Foundation, Holy Rosary School, Women Impacting Public Policy, Green Kids Inc., Grow Idaho Falls, Idaho Falls Symphony, the Snake River Animal Shelter, LLC and the Institute for Economic Empowerment of Women. Sylvia's strong leadership and dedication have been recognized through awards and her selection to assist with important initiatives. For example, she was appointed by Governor Butch Otter to the Leadership in Nuclear Energy Commission. Among her numerous honors, the U.S. Small Business Administration recognized Sylvia as a Small Business Person of the Year in 2008. In 2009, she received the Latina Women Entrepreneur of the Year Award from the Anna Maria Aras Memorial Business Fund and a Torch Award from the Better Business Bureau. Sylvia leads by example and demonstrates a constant commitment to integrity and bettering the community. It has been great to work with Sylvia. Sylvia, your expertise and insight on small business issues have been valuable and greatly appreciated, and we look forward to continuing to work with you on future joint efforts. We hope that your retirement from North Wind provides you deserved time with your family, including your husband and three children, and your many friends. Thank you, Sylvia, for your hard work and exemplary service.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to pay tribute to the life and legacy of an outstanding leader and friend, Shoshone-Paiute Tribal Chairman Terry Gibson. He left a lasting mark in his far too few years of life. Terry carried an absolute commitment to better the lives of the people he led and those of future generations. He had a deep understanding of the strengths and challenges of the Shoshone-Paiute Tribes, and he focused on making progress. Prior to serving as chairman, he served on the tribal council and worked as health director, compliance officer and natural resource director for the tribes. His experience and knowledge contributed to his exemplary leadership. He was dedicated to encouraging tribal youth to achieve educational and career success, and he worked to address unemployment, domestic violence and poverty. Terry furthered the mission of protecting and preserving the Shoshone-Paiute tribal culture and natural resources while also assisting and encouraging the economic development of the tribes. He was mindful of ensuring future generations would also have the opportunity to benefit from our resources. We worked together on projects to benefit tribal members, and he was always a trusted partner and strong leader with the courage and foresight to tackle the many issues facing the tribes. He is recognized as a dedicated leader who thoughtfully carried out his duties in advancing the objectives of the tribal membership. Terry was a sensible, strong and reliable voice. The unexpected passing of Chairman Gibson brings great sadness to the tribes, the Owyhee area, Idaho and me. My prayers are with his wife, Debbie, his children, his family, the people he led, and the many lives he reached. I join his family members and many friends in mourning his loss. I am thankful I had the opportunity to know Terry and work with him. While Terry will be sorely missed, his legacy will endure. His steady and dedicated leadership will not be forgotten.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent to dispense with further reading of the amendment.

Mr. CRAPO. Mr. President, although it has been a couple of years now since we passed the health care law, it is becoming evident to all Americans that there were in fact many new taxes--almost $1 trillion of new taxes--in the health care law. And despite the President's firm pledge at that time not to raise taxes by even one dime on middle- income Americans, I at that time asked the Joint Tax Committee to evaluate the law and tell us if there were such taxes in the law. The letter I received back from the Joint Tax Committee indicated there were at least seven taxes in the health care law that did squarely hit the middle class--and not just in a small way. It is at least a quarter trillion dollars of new taxes that the middle class will pay if we don't fix it. In fact, it is 73 million American families that will ultimately pay this new tax in the ObamaCare legislation if we don't reform it. This is an amendment I brought during the consideration of the health care law. It was defeated then by a claim that there were no taxes in the bill. We now know there are taxes in the bill, and this is our chance, now that these taxes are beginning to be implemented, to remove them from the law.

Mr. CRAPO. Mr. President, in the budget that has been put forward, there is a reconciliation instruction for almost $1 trillion of new taxes. On the spending side there is, I think, a relatively modest amount--not adequate--but there is an amount of health care savings in the amount of $275 billion. Interestingly, that is not in a reconciliation instruction. We do not have the protection and assistance of a reconciliation instruction for the economy reforms that are in the budget but we do for the tax increases that are in the budget which results in this interesting circumstance. The tax increases by this budget would be guaranteed to occur because the filibuster would be avoided through reconciliation, and the reforms of the entitlement system would be guaranteed not to occur because they would face a 60-vote margin, having been kept out of the reconciliation instructions. What this amendment does is it would put the health care savings in the budget into a reconciliation instruction so we can at least start down the path of dealing with reforms of our entitlement system.

Mr. CRAPO. Mr. President, I ask unanimous consent to call up amendment No. 318.

Mr. CRAPO

Mr. CRAPO. Mr. President, I too want to stand to congratulate the House for their passage of the Violence Against Women Act. I thank the Senator from New Hampshire for her kind remarks. I am honored to have worked on this bill with Senator Leahy and my other colleagues in the Senate. Senator Leahy and I have worked together for years on issues of domestic violence and stalking, and this is one of the key endeavors we needed to get across the finish line. Now we see that we will, and we will send this important legislation to the President. I would also like to commend the advocates across the Nation and specifically the Idaho Coalition Against Sexual and Domestic Violence who have worked tirelessly on this issue. As a longtime champion of the prevention of domestic violence, I am glad to see there are areas in Congress where we can come together to support these important causes. This act provides critical services to victims of violent crime as well as agencies and organizations that provide important aid to those individuals. For nearly two decades, the Violence Against Women Act has been the centerpiece of our Nation's commitment to ending domestic violence, dating violence, and sexual violence. This legislation provides access to legal and social services for survivors. It provides training to law enforcement, prosecutors, judges, attorneys, and advocates to address these crimes in our Nation's communities. It provides intervention for those who have witnessed abuse and are more likely to be involved in this type of violence. It provides shelter and resources for victims who have nowhere else to turn. There is significant evidence that these programs are working not just in Idaho but nationwide. The U.S. Department of Justice reported that the number of women killed by an intimate partner decreased by 35 percent between 1993 and 2008. In 2012 it was reported that in 1 day alone, 688 women and their children impacted by violence sought safety in an emergency shelter or received counseling, legal advocacy, and children's support. These important provisions are making a difference in the lives of people across this Nation. I again wish to commend all of my colleagues who supported this legislation and helped to move this critical piece of legislation to the President's desk.

Mr. CRAPO

Mr. CRAPO. Thank you, Senator Reid. I rise today to thank Chaplain Ronald L. Derrick for joining us today to offer the Senate's opening prayer. I am honored to have the privilege of welcoming this esteemed Idahoan to the U.S. Senate to serve as our guest chaplain. Chaplain Derrick, who is joining us from Rigby, ID, has many years of service to our community and our Nation. He served our Nation in the U.S. Army from 1966 to 1968. He retired from his Bonneville County, ID, job after 23 years as a printer and mail clerk and he is also a former county coroner, Driggs Chamber of Commerce president, and volunteer EMT firefighter. In 1987, the American Legion recognized Chaplain Derrick as Idaho's firefighter of the year. Chaplain Derrick was ordained into the ministry in 1979 through the Solid Rock Pentecostal Church, and he continues to serve in various aspects of ministry. Reflecting his long spiritual contributions to the community, he was given the high honor of serving as National Chaplain of the American Legion for the 2012-2013 term. Through this position, he performs and oversees services and provides prayers and guidance for the Legion's 2.4 million members. As a 40-year member of the American Legion, he has a strong connection with his fellow veterans, servicemembers, and the communities he serves. In addition to serving as National Chaplain, he has served at a number of other leadership positions in the American Legion. Truly, his devotion to those in his community and his Nation has touched the lives of many in civic and spiritual ways. Chaplain Derrick has been married for 45 years to his wife Bird, who serves as the Department of Idaho Auxiliary Chaplain. They have three children: Tim, Andrew, and Dana Sue, and nine grandchildren. Chaplain Derrick, thank you for your dedication and service and the blessing you are bringing to the Senate today. This Congress and our Nation have considerable challenges ahead. These challenges require fortitude and understanding. I join you in praying for our country, and greatly value your prayer today and your service.

Mr. CRAPO

Mr. CRAPO. I have concluded my remarks. I yield my time.

Mr. CRAPO. Mr. President, I appreciate the opportunity to be here today to highlight my support for a program that is improving life in Idaho and across the Nation--the Violence Against Women Act. I appreciate joining my colleague Senator Leahy, who will be here on the floor in a few minutes, to formally open debate on this legislation, and hopefully we will be able to get this over the finish line this year, as it is so critical to so many people in this country. For nearly two decades, the Violence Against Women Act has been the centerpiece of our Nation's commitment to ending domestic violence and dating and sexual violence. The Idaho Coalition Against Sexual and Domestic Violence uses vital funds, among many other things, to promote the awareness of healthy relationships in middle and high schools in Idaho. It is heartening to hear that the number of Idaho high school students reporting that they have experienced dating violence has dropped by 5 percent from 2007 to 2011. However, I am sad to report that since just January 1 of this year, four deaths have occurred in my State from the result of domestic violence. And even one is too many. These tragic events serve as a reminder that while we are improving, we are far from ending this terrible abuse. I am a lifelong champion of the prevention of domestic violence because I believe that while we are improving, we can and will do better. I stand behind this act as it provides critical services to victims of violent crime as well as agencies and organizations that provide important aid to those who are often victims in their own homes. This legislation provides access to legal and social services for survivors. It provides training for law enforcement, prosecutors, judges, attorneys, and advocates to address these crimes in our Nation's communities. It provides intervention for those who have witnessed abuse and are more likely to be involved in this type of violence. It provides shelter and resources for victims who have nowhere else to turn. There is significant evidence that these programs are working not just in Idaho but nationwide. The U.S. Department of Justice reported that the number of women killed by an intimate partner decreased by 35 percent between 1993 and 2008. In 2012 it was reported that in 1 day alone, 688 women and their children impacted by violence sought safety in an emergency shelter or received counseling, legal advocacy, or children's support. While we may not agree on all of the specifics of this reauthorization--and there are portions we will continue to negotiate on and to refine--we all do agree on one very important idea; that is, violence should not happen to anyone. This critical legislation is very effective in helping to address that abuse in our society. As I said, there are parts of this legislation about which there are still concerns. I am committed, as is Senator Leahy, to working with those who have concerns to make the bill better and more workable so we can move it through to become law in this session of Congress. But after we debate and after we have worked and refined the legislation, I urge my colleagues to join me in supporting the authorization of this program and to continue the life-changing work this Chamber has been committed to for so many years. I see my colleague Senator Leahy is on the Senate floor. I started a little before he got here. I know he is here to open the debate on this legislation. I again thank him for his work on this issue and look forward to working with him in this Congress as we move forward.

Mr. CRAPO

Mr. CRAPO. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CRAPO

Mr. CRAPO. Mr. President, I wish today to commemorate Francis James Butterfield's 92nd birthday and pay tribute to his remarkable life. Francis, who was born on November 2, 1920, to Millard E. and Margaret C. Payne Butterfield in Franklin County, NE, has led a positive life of dedicated service. His devotion to his country started early. His mother was active in the women's suffrage movement and looked forward to voting for the first time. Margaret was in labor with Francis on election day and braved the labor pains to cast her ballot before giving birth to Francis. As Francis describes it, ``So, that's how I got here--my Mom voted first, then she went home and had me.'' This dedication and resolve runs deep in Francis. He grew up during the Great Depression in a happy, resourceful, and grateful family despite the challenges. He helped with his two brothers' mechanic operation and worked retail sales before volunteering for the U.S. Army in 1942. He completed Officer Candidate School and served in the Pacific Theater during World War II. He was assigned to an Amphibian Tractor Battalion that served in Okinawa. He also served as a Tank Destroyer Unit commander and rose to the rank of captain before his honorable discharge from Active Duty in 1946. The military honors he earned for his service to our Nation include the American Theater Service Medal, Asiatic Pacific Service Medal, and World War II Victory Medal. He continued to serve in the U.S. Army Reserves until his honorable discharge from Reserve service in 1953. On October 18, 1959, Francis married Doris Jo Runge, and they were blessed with two daughters: Georgia Jo and Virginia Jo. Francis had a 23-year career with the U.S. Postal Service. He served as a mail carrier, and he walked 25-30 miles per day delivering mail in Sidney, NE. Since Doris' passing in 1998, Francis spends time traveling to visit his family, including his daughters and granddaughter, Aleah. His daughters keep him busy fixing things, and he also enjoys shopping. Francis is a positive, outgoing, friendly, and patriotic American. He is a problem solver with a ``can do'' spirit who does not let challenges get in his way. I commend him for his example of optimism and devotion and wish him great happiness.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to congratulate James E. Hogge on his upcoming retirement from serving as State director of the Idaho Small Business Development Center, SBDC, and recognize his remarkable career. As State director of the Idaho SBDC for nearly 18 years, Jim has led the center with distinction and helped shape it into a highly regarded resource for small business consulting and training. He has provided strategic planning and financial and programmatic oversight and guided the center through challenges, including limited budgets. During his time leading the center, the Idaho SBDC was one of the first SBDCs in the country to be accredited and has received the highest accreditation possible in the past two reviews. The Idaho SBDC has also been in the top 10 percent of SBDCs in the country based on productivity and impact, which includes the growth of sales and jobs, capital raised, and return on investment. Jim recognizes the immense value of partnerships in assisting businesses and has worked to utilize the expertise of individuals and organizations for the benefit of the entrepreneurs and businesses seeking assistance and all those involved in the partnerships. Some of his collaborative achievements during his time as State director include the development of a partnership with Boise State University, the University of Idaho, and Idaho State University to help Idaho's manufacturers increase their sales and reduce costs. Jim also planned and developed funding for the Technology and Entrepreneurial Center at Boise State University. Additionally, he developed collaborative projects with the University of Idaho Law School, the Idaho National Laboratory, the city of Boise, the Idaho Hispanic Chamber of Commerce, Zions Bank, and the U.S. Forest Service. Prior to his work at the Idaho SBDC, Jim spent 20 years serving our Nation in the U.S. Air Force as a weapons systems operator in F-111 and EF-111 aircraft. He has also provided significant service to the community and Nation through volunteering and serving on various local and national boards. This includes his service on the board of the Association of Small Business Development Centers, ASBDC, and his service as ASBDC Accreditation chair. He also served on the board of directors for Drug Free Idaho and the Idaho GemStars and was a founding board member for the Idaho Non-Profit Center. In addition, he was appointed to the Governor's Rural Task Force to help develop long-term strategies to help Idaho's rural communities, and he served on the Criminal Justice Council and as president of the Boise Sunrise Rotary Club. Outstanding service has been the hallmark of Jim's career. I congratulate Jim on his many successes and thank him for his service to the community, State and Nation. I wish him a very happy retirement.

Mr. CRAPO

Mr. CRAPO. Mr. President, my colleague Senator Jim Risch joins me today in paying tribute to ADM Kirkland Donald, U.S. Navy, as he prepares to complete a naval career that began with his graduation from the Naval Academy in 1975 and concludes with his past 8 years of service as Director of the Office of Naval Reactors. As Director of the Naval Nuclear Propulsion Program, Admiral Donald has had stewardship of every aspect of the nuclear navy, from fleet operations and training to reactor design and ultimate disposition of spent nuclear fuel. The dedication required of this mission is extraordinary, and our Nation has benefited from Admiral Donald's steadfast leadership. Over the course of his career, Admiral Donald excelled as an undersea commander. He served as the commanding officer of the nuclear-powered attack submarine USS Key West, commander of the elite Submarine Development Squadron Twelve and Commander Submarine Force, U.S. Atlantic Fleet, and Allied Submarine Command, Atlantic. Other highlights include tours at the Bureau of Naval Personnel, the Joint Staff, and as commander of all U.S. submarine forces. While at Naval Reactors, he has ensured the safe operations of the nuclear navy. Nuclear-powered warships have safely steamed over 150 million miles and operated for more than 6,400 reactor years without an accident. The most recent 20 million miles and 800 reactor-years have been achieved under Admiral Donald's leadership. Among his many achievements, one of the most impressive is the consistent and quiet success of the Naval Reactors Facility, NRF, in Idaho Falls. The highly complex and scientific work done at NRF requires not only a highly skilled, diligent workforce but the trust and confidence of the people of Idaho. As a result of Admiral Donald's work, that confidence has flourished. Admiral Donald has been instrumental to the future of the Navy, having overseen the highly successful construction of many Virginia- Class attack submarines, the final design and construction of the next- generation USS Gerald R. Ford aircraft carrier, and the initial design of the Ohio-class replacement ballistic missile submarine. All three platforms incorporate impressive new technologies into the nuclear propulsion plants that have proven to be safe and reliable for nearly 70 years. These ships will allow the Navy to continue to protect America and our interests around the globe and would not be possible without the steadfast leadership of Admiral Donald. Admiral Donald's selfless commitment to serving our Nation has left us safer and better prepared to respond to threats around the world. He leaves a legacy of service, dedication to the Navy, and commitment to the environment. With our deepest gratitude, we wish him the very best in retirement after an impressive and impactful career.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to acknowledge the second year of the presentation of the Idaho Hometown Hero Medal and congratulate the 2012 recipients of this esteemed honor. This award was established by Drs. Fahim and Naeem Rahim, who, in addition to their professional and medical service, have a belief in community service and a desire to give back to the community and our country. After receiving the Ellis Island Medal of Honor, they decided to return to Idaho and start the Idaho Hometown Hero award to recognize and celebrate individuals who embody the spirit of philanthropy while showing remarkable commitment in both their personal and professional lives. Their efforts to recognize those working for the betterment of our communities play an important role in inspiring all of us. I am honored to be among the 2011 recipients of this medal, and I congratulate the 2012 award recipients and recognize the efforts of the Rahim brothers, the award's committee members, the cosponsors, volunteers, and other organizations supporting this honor. Ten extraordinary individuals are 2012 Hometown Hero award recipients: Don Aslett, a businessman, author, and builder of Pocatello's Museum of Clean; Cpl Phillip Baldwin, a marine veteran of Afghanistan now training for the Paralympics; Jonathan Cree, M.D., a physician and medical educator; Patti Farrell, a women's advocate and founder of the Drive for the Cure; Warren E. Nyer, a nuclear energy expert and last survivor of the Manhattan Project; Jody Olsen, a lifelong athlete and promoter of the Southeastern Idaho Senior Games; Rudolfo M. Pena, a teacher, coach, and advocate for Latino education projects; and Bonnie Stoddard, newspaper writer and expert in the history of Clark County. In addition to these awards, there were two honorary medals awarded posthumously to Steve Appleton, the past chief executive officer of Micron Technology and founder of the Micron Foundation, who is survived by his wife and four children, and SGT Ryan Sharp, an Army veteran of Afghanistan, who passed away in December 2011 from injuries received in Kandahar Province. Those honored through the 2012 Hometown Hero Medal have demonstrated a commitment to hard work, self-improvement, and community service. It is a great privilege to help recognize their outstanding talent and dedication to fellow Idahoans and Americans. I congratulate and thank all of the award recipients for your efforts to strengthen our communities and commend Fahim and Naeem and all those involved with this effort on the second anniversary of the award.

Mr. CRAPO

Mr. CRAPO. I thank my friend from South Dakota for this important clarification. This is an important issue, particularly in those limited high-risk areas where surplus lines insurance serves as an essential part of the homeowners insurance market. I agree with his reading of the statute, because state law already sets the parameters as to when surplus lines insurance is acceptable.

Mr. CRAPO. Mr. President, I would like to discuss a provision of the Biggert-Waters Flood Insurance Reform Act of 2012 which reaffirms that private flood insurance can be used to satisfy a mandatory purchase requirement. This provision defines the term ``private flood insurance,'' and the definition makes a specific reference to private flood insurance from a surplus lines insurer in connection with nonresidential commercial property coverage. I would note, however, that insurance provided by surplus lines insurers also can cover residential properties--particularly when licensed and admitted insurers are unwilling or unable to provide the desired coverage--and this is authorized under state insurance law. The provision defines private flood insurance to include insurance provided by an insurer ``licensed, admitted, or otherwise approved'' to engage in the business of insurance by a State. Surplus lines insurers, also sometimes known as nonadmitted insurers, are approved to conduct such business by States. Is it the understanding of the Chairman that the ``private flood insurance'' definition includes surplus lines flood insurance coverage?

Mr. CRAPO

Mr. CRAPO. Mr. President, my colleague Senator Jim Risch joins me today in congratulating fellow Idahoan Kristin Armstrong, who won her second consecutive gold medal in the Olympic cycling time trial. Kristin's perseverance and drive is an inspiration. In the 2008 Olympics in Beijing, Kristin, who is a Boise resident and graduate of the University of Idaho, took home the gold. She returned to racing in 2011 after a retirement to give birth to her son, Lucas. Throughout her racing career, Kristin has demonstrated remarkable dedication and strength. Despite breaking her collarbone in the Exergy Tour in Idaho 2 months ago and sustaining minor injuries from a crash just a few days before her London win, Kristin did not let these difficulties hold her back. She surpassed many skillful competitors to once again achieve the gold medal while also becoming the oldest champion in a road cycling event. Kristin's time of 37 minutes and 34.82 seconds for the 18-mile course was more than 15 seconds faster than the silver medalist. These are considerable accomplishments. We join the many Idahoans and Americans who applaud Kristin's commitment and excellence. We also commend Kristin's friends and loved ones, including her husband, Joe Savola, and son, Lucas William Savola, who have supported Kristin. Kristin is truly a gifted athlete with immense abilities and talents. Her capacity to push forward beyond the challenges provides encouragement to all of us, and we congratulate her on this, and her many, extraordinary achievements.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to honor the life of Dick Eardley, who will be remembered as a man who cared deeply about his loved ones and community and worked hard to make a difference on their behalf. As mayor for more than a decade, he was the longest serving mayor of Boise and was successful in enriching the city. During his time as mayor, he focused on revitalizing the city and worked extensively with business and community leaders to draw more commerce into downtown Boise. Those efforts led later to both a vibrant downtown core and to the development of the Boise Towne Square Mall, preservation of Boise's historic North End, creation of the Boise Arts Commission and bringing the World Center for Birds of Prey to Boise. He was also involved in many other local advancements, including the Greenbelt, the Senior Citizens Center, the parks, and Warm Springs Golf Course. In addition to his public service, Dick had a career as a newsman. In his hometown of Baker City, OR, Dick worked in radio before moving to Idaho, where he went to work as a reporter covering sports and news for the Idaho Statesman. He then went on to work for KBOI-Channel 2 and KBOI-670. He announced high school sports and worked as a sportscaster and news executive. His reporting and work as city councilman and mayor earned many honors and recognitions. Dick was an extraordinary individual who moved forward from a modest, Depression-era beginning in pursuit of his dreams. He had an exceptional way of connecting with people, which is likely why he had so many friends and acquaintances who admired and respected him. He had a deep love and devotion for his wife, Pat, of 57 years, who passed away 5 years ago, and he was a caring, giving and supportive father. Dick was also a natural athlete, who played semi-pro baseball and was known for his fondness and knack for golf. I extend my condolences to Dick's loved ones, including his three sons, Randy, Rick and Ron; six grandchildren, and two great- grandchildren. Dick's example of respectful sincere, humble, benevolent service and hard work will endure.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to honor the life of Richard Lueking Bauer, a distinguished Idahoan who will be greatly missed. Dick has been an involved Idahoan since he and his family moved to American Falls in 1963 when he purchased Bauer Chevrolet and Oldsmobile. Dick owned the business for 22 years and was recognized as a dedicated member of the community. Prior to moving to American Falls in 1963, Dick Bauer studied economics at Westminster College in Salt Lake City, Utah, served in the U.S. Army Corps of Engineers in Germany in 1954-1956 and married his wife of 55 years, Lois Saathoff. Throughout his life, he devoted considerable time to community service and served in leadership roles on numerous boards, commissions and organizations. This includes his service on the Power County Airport Board, the Idaho Board of Aeronautics and the Board of Directors of the Idaho Housing and Finance Association. He was also a committed Lutheran, who was actively involved in Lutheran churches in his communities, and he was a member of the Board of Regents of Pacific Lutheran University in Tacoma, Washington. His efforts in the Republican Party included his service as national committeeman; State party chair, secretary and treasurer; county, regional and district chairman; mentor to political candidates; and member of the Ada County Lincoln Day Association. He also served as an elector for President Reagan and Vice-President Bush. President George H.W. Bush appointed Dick to serve as Regional Administrator for Region X of the U.S. Department of Housing and Urban Development. Dick Bauer leaves behind a legacy of devoted service. He was a person that people turned to for assistance and leadership, and he touched the lives of many people. I extend my deep condolences to his wife, Lois, and their family. Dick will be missed but not forgotten.

Mr. CRAPO

Mr. CRAPO. Mr. President, today I wish to honor the life of Patricia Rae McCoy Rohleder. An Idaho native, Pat has been an integral part of the Idaho agriculture community for many years. Pat had a remarkable 40-year career as a newspaper reporter that included many years of covering agricultural issues through the Capital Press. The value she placed on agricultural production was evident in her activity in this field. She was involved in many related efforts, including the Julia Davis Ag Pavilion project, Idaho Food Producers legislative meetings, and work on the Ag Pavilion Committee. The long list of awards and honors she received for her work includes three Conservation Writer of the Year honors from the Idaho Association of Soil Conservation Districts; two media awards from the Idaho Grain Producers Association; an Idaho Farm Bureau award for outstanding reporting of agriculture; an honorary life membership received in 2009 from the Owyhee Cattlemen's Association; and a special award for dedication and service to Idaho's agricultural industry received at the 2010 A. Larry Branen Idaho Ag Summit. In addition to her writing, Pat had many other talents and interests including sewing, needle arts, playing the piano, and genealogy, and I understand her favorite title was ``Grandma.'' She was also an active member of the Church of Jesus Christ of Latter-day Saints. Pat's action reflected her values. She always lived her life the way a person ought to and served as a great example to many. I extend my condolences to Pat's husband, Erwin Ralph Rohleder, her mother, Edna L. McCoy, and her many other family members and friends. Pat will be greatly missed.