E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, WEDNESDAY, MAY 20, 2015 No. 78 House of Representatives The House met at 10 a.m. and was honor to four women: Wilma Let’s be straight: President Jackson called to order by the Speaker pro tem- Mankiller, a trailblazer and first was, for many, a war hero, a great de- pore (Mr. CARTER of Georgia). woman chief of the Cherokees; Rosa fender of the young American Republic f Parks, credited with starting the and, really, the first President and Montgomery bus boycott by not relin- founder of the Democratic Party. He DESIGNATION OF SPEAKER PRO quishing her seat and sparking the oversaw our Nation as it expanded TEMPORE modern civil rights movement in 1955; west. It is the expansion of this Nation, The SPEAKER pro tempore laid be- Harriet Tubman, an abolitionist born a the manifest destiny that pushed set- fore the House the following commu- slave who became one of the most tlers west, that pushed the institution nication from the Speaker: noted conductors on the Underground of slavery west, and that pushed the WASHINGTON, DC, Railroad; and Eleanor Roosevelt, who extermination and forced migration of May 20, 2015. redefined the role of First Lady while Native peoples west. I hereby appoint the Honorable EARL L. being a noted civil rights and human That is precisely the nexus of Andrew CARTER to act as Speaker pro tempore on rights activist in her own right. Jackson and Harriet Tubman and illus- this day. More than 600,000 votes were cast in trates why putting a new face on our JOHN A. BOEHNER, Speaker of the House of Representatives. an online poll, and the winner an- money makes so much sense. The nounced with great fanfare last week is forced removal of Native peoples from f Harriet Tubman. I am overjoyed that their lands so that we could expand the MORNING-HOUR DEBATE this great American leader was se- practice of slavery is at the heart of The SPEAKER pro tempore. Pursu- lected. Andrew Jackson’s legacy. The landgrab ant to the order of the House of Janu- As the author of Put a Woman On the and the Trail of Tears of the Cherokee ary 6, 2015, the Chair will now recog- Twenty Act of 2015, H.R. 1910, I think people is key to contextualizing Presi- nize Members from lists submitted by matching a specific person with a spe- dent Jackson. the majority and minority leaders for cific biography will sharpen the focus It was when Harriet Tubman was morning-hour debate. of this remarkable grassroots effort to about 6 years old that Jackson became The Chair will alternate recognition put a woman’s face on our currency. President. She was born a slave in between the parties, with each party My legislation does not limit the idea Maryland and eventually walked to limited to 1 hour and each Member of putting a woman on our money to freedom in Pennsylvania. She went other than the majority and minority Harriet Tubman or any particular back again and again, at least 19 times, leaders and the minority whip limited nominee. It instructs the Secretary of telling more than 300 former slaves to 5 minutes, but in no event shall de- the Treasury to convene the citizen how to follow the Big Dipper constella- bate continue beyond 11:50 a.m. panel that will make recommendations tion that pointed to the North Star and f and get it done. the way to freedom to the north. From my perspective, as we see She was an agitator. She was a sub- WOMEN ON 20s CAMPAIGN women breaking barriers at every level versive. She used the tools of social The SPEAKER pro tempore. The of our society and as we see people of change to improve America. She fought Chair recognizes the gentleman from color breaking barriers at every level for the little guy against the strong Illinois (Mr. GUTIE´ RREZ) for 5 minutes. of our society, our money ought to guy. She was willing to put herself at Mr. GUTIE´ RREZ. Mr. Speaker, the more accurately reflect who we are as great risk to ensure justice for others. voting was going on for months spear- a nation in the 21st century. She was a woman, and she was Black. headed by the Women on 20s campaign. I am not saying that Andrew Jackson In other words, she is an ideal Amer- A nominee was announced last week. or any of the men we honor on our ican. Women on 20s is a campaign that has money are not worthy. Many of our The other women honored as nomi- been agitating to have a woman’s por- Founding Fathers made important con- nees by the Women on 20s campaign trait, the portrait of a great American tributions to this country which we were also great Americans. They were woman, placed on the $20 bill by at continue to enjoy today in the United also subversive troublemakers, agi- least 2020, the 100th anniversary of the States and throughout the world by the tators, and, therefore, exactly the kind U.S. recognizing a woman’s right to spread of democracy. of people I think we need on our cur- vote. It is also true that part of our history rency. But Harriet Tubman, because The Women on 20s campaign nar- includes the practices and decisions we she is a woman, because she is a rowed down their nominees for this certainly are not proud of as a nation. woman of color, because she fought for

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.000 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3394 CONGRESSIONAL RECORD — HOUSE May 20, 2015 freedom and for a better America in came a Houston police officer. In just 4 THE 100TH ANNIVERSARY OF THE the face of this Nation’s greatest and, short years, Officer Martin became a ARMENIAN GENOCIDE for many like me, still unresolved sin field officer. His captain said that he The SPEAKER pro tempore. The of slavery and racism, because she crammed 20 years of policing in the 4 Chair recognizes the gentleman from turned the tide of history for the bet- years that he served as a Houston po- California (Mr. SCHIFF) for 5 minutes. ter, she is very, very worthy of this lice officer. This speaks volume about Mr. SCHIFF. Mr. Speaker, on April great honor. his character as a lawman. 24, the 100th anniversary of the Arme- In a few years, maybe in a few He was the father of two, a 22-year- nian genocide, runners and cyclists set months, we will all wonder why it took old daughter and an 11-year-old son; out from Los Angeles on the Race for so long to put an American woman on and he loved being actively involved in Recognition. I had the great pleasure our $20 bill. Well, it shouldn’t take so his children’s lives, including his son’s of riding the first 28 miles of their jour- long. Members of this body, Mr. Speak- baseball team. ney with them. On May 7, they com- er, have the ability to do something pleted their 3,000-mile ride across the about it and speed this process along. Mr. Speaker, just last week, our Na- Cosponsor the Put a Woman on the tion celebrated National Police Week, United States. Twenty Act of 2015. It is H.R. 1910. Join honoring the daily sacrifices of peace They undertook their ride to raise me in calling on the Secretary of the officers like Officer Martin. awareness of the Armenian genocide Treasury to do this, whether it is Har- and genocides all around the world and Just across the way here, on the west to commemorate and remember the riet Tubman or anyone else that a fair side of the Capitol, last Friday, the and open process arrives at. Let us victims. It is my honor to read a por- families of those who had lost peace of- tion of the petition that they carried stand as a Congress to put a great ficers were here, surrounded by thou- American woman on our money. with them across the Nation and to sands and thousands of other police of- enter the entirety into the CONGRES- f ficers and the public to show their re- SIONAL RECORD. HOUSTON POLICE OFFICER— spect for those who are killed in the It provides: line of duty; and how quickly we are RICHARD MARTIN On this 100th anniversary of the Armenian reminded, again, of their sacrifices. The SPEAKER pro tempore. The genocide, LA2DC organizing committee Chair recognizes the gentleman from Officer Martin’s life was callously members wish to recognize and honor the contributions of the following people and or- Texas (Mr. POE) for 5 minutes. and coldly robbed and stolen from us Mr. POE of Texas. Mr. Speaker, in and his family, and the Houston com- ganization: munity is now in mourning. The American people, for setting the the early morning hours of Monday, standard in the world for philanthropy, so- while most of the city was asleep, the Our first responders are a special cial activism, human rights and prevention diligent Houston Police Department re- breed, those like Officer Richard Mar- of crimes against humanity—in their first sponded to a robbery call at an Exxon tin. They work selflessly to maintain nationwide relief campaign from 1915 to 1930, service station. and restore order in communities and Americans donated the equivalent of $2.7 bil- The lawmen approach the scene, and neighborhoods across America. While lion to help save over 1 million Christian Ar- they see a suspect speed off in what menians, Greeks, Assyrians, and other mi- we sleep, those that wear the badge are norities during the first mass atrocity of the turned out to be a stolen U-Haul truck. vigilantly and always on patrol, pro- The police follow the truck, and the 20th century, when these minorities were tecting us from the evil ones. targeted for extermination and deportation high-speed chase is on. by the Ottoman Empire; The outlaw abandons the truck, For these remarkable men and women, their safety is never guaran- Ambassador Henry Morgenthau, who, as carjacks a woman, pushes her out of the United States Ambassador to the Otto- the minivan, and continues his flight. teed. While the badge and the uniform man Empire, alerted the United States Gov- The outlaw fires shots at the police and represents safety for citizens, it is a ernment and the rest of the world to the ‘‘de- keeps fleeing in the darkness of the target for the unlawful. struction of the Armenian race’’; morning hours. We do take comfort in the fact that The Near East Foundation, for providing Houston Police Officer Richard Mar- as long as criminals walk and wander relief to 1 million refugees and 132,000 orphan tin, aware of the chase and ahead of it, survivors of the atrocities perpetrated by the our streets looking to do mischief, re- Ottoman Empire; jumps out of his patrol car and starts fusing to follow the law, peace officers The American Red Cross, for providing re- placing spike strips on the road to stop will always be there on patrol, officers lief to survivors of genocides and mass atroc- the approaching vehicle. The criminal like Richard Martin. ities for the past 100 years, starting with its sees Officer Martin and intentionally Officer Martin was one of those offi- first international assistance program in 1915 that provided relief to survivors of the Arme- runs over him and kills him. Then the cers. He was one of Houston’s finest. criminal continues on a 20-mile run nian genocide; Friday, the city of Houston will lay to The Museum of Tolerance, for educating from the law in the city of Houston. rest Officer Richard Martin. Peace offi- He is later cornered by the police in and enlightening more than 250,000 visitors cers will wear the black cloth ribbon of per year since 1993 and challenging them to a standoff, and then he shoots himself sacrifice across their badges as they understand the Holocaust and genocides in and is taken to the hospital. As he lin- stand in silent mourning for one of both historic and contemporary contexts; gered in the hospital, the district at- their brothers in blue. Raphael Lemkin, for inventing the term torney, Devon Anderson, prepared cap- ‘‘genocide’’ to describe atrocities that target ital murder charges against him, but The bagpipes will play ‘‘Amazing groups for annihilation, and for working the killer died, thus avoiding the hang- Grace,’’ and the flags will be lowered, tirelessly to gain approval of the Convention man. as yet one more of our best is laid to on the Prevention and Punishment of the The outlaw had a long criminal his- rest for sacrificing his life for the rest Crime of Genocide by the United Nations in tory. of us. Peace officers wear the badge 1948; Officer Richard Martin was a Hous- over their heart as a symbol of their USC’s Shoah Foundation and its founder, Mr. Steven Spielberg, for collecting nearly ton police officer. He was 47 years of willingness to put themselves between 52,000 eyewitness testimonies of the Holo- age. He had only been a peace officer us and the lawless. caust, the Armenian genocide, and other for 4 years, and he worked at the Officer Martin was a noble citizen genocide survivors; Westside patrol division. who represented everything that is Facing History and Ourselves, for edu- Prior to being a police officer, he had good and right about our society. With cating over 10,000 teachers and, through been in private industry for 20 years. them, hundreds of thousands of students on heavy hearts, we send prayers and the history of prejudice and racism and the Officer Martin was also a veteran. He thoughts to his family and those of the spent 4 years on Active Duty in the role they play in the events that lead to thin blue line in the Houston Police genocide; United States Air Force, then spent 8 Department. The International Committee of the Red years as a reservist in the United We thank Officer Martin for giving Cross and the United Nations’s Children’s States Air Force. Fund, for starting a vast relief operation in Being a police officer was his ulti- his life for our town. 1979 for the people of Cambodia, threatened mate goal, so in his early forties, he be- And that is just the way it is. by famine and disease in the aftermath of

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.002 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3395 the Cambodian genocide, which claimed mil- organizing committee members wish to recog- role they play in the events that lead to geno- lions of lives; nize and honor the contributions of the fol- cide. Since 1976, Facing History has been en- United States Army Europe and United lowing people and organizations for their work gaged in genocide prevention work by pro- States Air Force Europe, for delivering hu- manitarian aid in 1995 and 1996 to the sur- in raising awareness of genocides, providing moting global citizenship and heightened vivors of the Bosnian genocide, during which relief to genocide survivors, and working to awareness of genocides. an estimate 100,000 Bosniaks were systemati- prevent genocides; The International Committee of The Red cally targeted and killed; The American People—for setting the stand- Cross and United Nations Children’s Fund for Senator William Proxmire, for delivering a ard in the world for philanthropy, social activ- starting a vast relief operation in 1979 for the speech every day the U.S. Senate was in ses- ism, human rights, justice, and prevention of people of Cambodia threatened by famine and sion in support of the ratification of Conven- crimes against humanity. In their first act of disease in the aftermath of the Cambodian tion for the Prevention and Punishment of large scale, nationwide, organization and exe- Genocide, which claimed millions of lives. the Crime of Genocide. After 20 years and cution of a relief campaign, from 1915 to 3,211 speeches, the United States Senate rati- United State Army Europe and United fied the convention on February 11, 1986; 1930, Americans donated more than $117 mil- States Air Force Europe—for delivering hu- President Ronald Reagan, for signing the lion—the equivalent of $2.7 billion in 2015 dol- manitarian aid in 1995 and 1996 to the sur- Genocide Convention Implementation Act of lars—to relief organizations that saved over 1 vivors of the Bosnian Genocide, during which 1987 into law; million Christian Armenians, Greeks, Assyr- an estimated 100,000 Bosniaks were system- The International Rescue Committee, for ians, and other minorities during the first mass atically targeted and killed. providing relief to Rwandan genocide sur- atrocity of the 20th century, when these mi- Senator William Proxmire—for following vivors, when an estimated 800,000 mostly norities were targeted for extermination and through his commitment to deliver a speech Tutsi minorities were massacred; deportation by the Ottoman Empire. Over the Not On Our Watch and George Clooney, for every day the United States Senate was in using his public profile to raise awareness of past 100 years, Americans continue to be in session in support of the ratification of United the genocide in Darfur, where 300,000 civil- the front lines of helping to prevent genocides, Nations Convention on the Prevention and ians were targeted and murdered and 2 mil- and providing relief and hope to survivors of Punishment of the Crime of Genocide. After lion displaced; atrocities. 20 years and 3,211 speeches, the United U.N. Ambassador Samantha Power, for her Ambassador Henry Morgenthau—who as States Senate ratified the convention on Feb- groundbreaking book published in 2003, ‘‘A United States Ambassador to the Ottoman ruary 11, 1986. Problem from Hell,’’ which recounts the his- Empire, alerted the United States government President Ronald Reagan—for signing the tory of genocide and offers a framework for of ‘‘Destruction of the Armenian Race . . .’’ policymakers that can help detect and pre- Genocide Implementation Act of 1987 into law, vent genocides; and called on Americans to get organized to making genocide a Federal offense, and de- The Armenian National Committee of help the survivors. claring, ‘‘This legislation still represents a America, for advocating for the recognition The Near East Foundation (formerly known strong and clear statement by the United of the Armenian genocide and raising aware- as Near East Relief or NER)—for providing re- States that it will punish acts of genocide with ness of genocides as crimes against human- lief to 1 million refugees and 132,000 orphan the force of law and the righteousness of jus- ity. survivors of the atrocities perpetrated by the tice.’’ Ottoman Empire from 1915–1923. During this b 1015 The International Rescue Committee—for period, NER raised the equivalent of $2.7 bil- providing emergency supplies and restoring in- Mr. Speaker, these riders carried this lion in 2015 dollars, and mobilized over 1,000 frastructure following the 1994 genocide in important message of truth and grati- volunteers to help build 400 orphanages, food Rwanda, where an estimated 800,000 mostly tude with them across our great Na- and clothing distribution centers, clinics and Tutsi minorities were massacred. tion. It is an honor to do my small part hospitals, and vocational training schools for Not On Our Watch, and Messrs. George to make sure they are heard. the survivors. Mr. Speaker, on April 24th, the 100th anni- The American Red Cross—for providing re- Clooney, Don Cheadle, Matt Damon, Brad versary of the Armenian Genocide, runners lief to survivors of genocides and mass atroc- Pitt, David Pressman, and Jerry Weintraub for and cyclists set out from Los Angeles on a ities for the past 100 years, starting with its using their public profiles to bring attention to ‘‘Race for Recognition.’’ I had the great pleas- first international assistance program in 1915 atrocities around the world, and raising aware- ure of riding the first 28 miles of their journey that provided relief to the survivors of the Ar- ness of the genocide in Darfur, where 300,000 with them. And on May 7th, they completed menian Genocide. civilians were targeted and murdered, and 2 their 3,000 mile ride across the United States. The United States Holocaust Memorial Mu- million displaced. They undertook their ride to raise awareness seum—for leading national and international United States Institute of Peace Genocide of the Armenian Genocide, and Genocides efforts to promote human dignity, confront ha- Prevention Task Force, and Co-Chairs Honor- around the world, and to commemorate and tred, and prevent the next genocide. able Madeleine K. Albright and Honorable Wil- remember the victims. It is my honor to read The Museum of Tolerance—for educating liam S. Cohen—for developing a genocide a portion of the petition that they carried with and enlightening more than 250,000 visitors prevention blueprint entitled, ‘‘Preventing them across the nation, and to enter the en- per year since 1993, and challenging them to Genocide: A Blueprint for U.S. Policymakers’’, tirety into the CONGRESSIONAL RECORD. understand the Holocaust and genocides in which affirmed that genocides are preventable, On this 100th anniversary of the Armenian both historic and contemporary contexts and and issued 34 specific actionable rec- Genocide, LA2DC organizing committee mem- confront all forms of prejudice and discrimina- ommendations that United States can imple- bers wish to recognize and honor the contribu- tion in our world today. ment to help detect and prevent genocides. tions of the following people and organiza- Raphael Lemkin—for inventing the term Ambassador Samantha Power, the United tions: ‘‘genocide’’ to describe the atrocities that tar- States Ambassador to the United Nations—for In the past 100 years, over 100 millions get groups for annihilation, and for working her groundbreaking research documented in lives have been lost in genocides and mass tirelessly to gain approval of Convention on her book published in 2003, ‘‘A Problem from atrocities; the Prevention and Punishment of the Crime Hell’’, which recounts the history of genocide During the same period, heroic American of Genocide by United Nations in 1948. and offers a framework for policy makers that citizens, politicians, diplomats, faith based or- University of Southern California’s Shoah can help detect and prevent genocides. ganizations, and non-government organiza- Foundation and its founder, Mr. Steven Congressman ADAM SCHIFF—for being the tions have made it a part of their mission to Spielberg—for painstakingly collecting nearly leading voice in the United States Congress raise awareness of genocides, help prevent 52,000 eyewitness testimonies of the Holo- advocating for recognition of past genocides genocides, and provide relief to survivors of caust, the Armenian Genocide, and other as an important step towards detecting and genocides; genocide survivors, and using their first hand preventing future genocides and atrocities. Some of these citizens, relief organizations, accounts to teach the world about the horrors The Armenian National Committee of Amer- diplomats, and politicians put their lives and of genocides and the importance of preventing ica—for advocating for the recognition of the treasure at risk by working in conflict zones to them. Armenian Genocides and raising awareness of alert the world of impending genocides and Facing History and Ourselves—for edu- genocides as crimes against humanity. genocides in progress, rescue genocide sur- cating over ten thousand teachers in the Countless other Americans and organiza- vivors, and provide relief. United States and worldwide, and through tions who have made it their mission to help On this 100th anniversary of the Armenian them, hundreds of thousands of students, on prevent the next genocide and promote Genocide, and through this petition, LA2DC the history of prejudice and racism, and the peaceful resolution of conflicts.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 9920 E:\CR\FM\K20MY7.004 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3396 CONGRESSIONAL RECORD — HOUSE May 20, 2015 150TH ANNIVERSARY OF THE town are greatly involved in the year- been front and center in Congress over TOWN OF CLINTON, NEW JERSEY long festivities. Clinton is served by a the last few weeks, and well it should The SPEAKER pro tempore. The dedicated volunteer fire company and be. The United States has an oppor- Chair recognizes the gentleman from rescue squad. Its beautiful and historic tunity to make further inroads in 95 New Jersey (Mr. LANCE) for 5 minutes. churches are an integral part of the percent of the markets that are outside Mr. LANCE. Mr. Speaker, I rise community. our borders and to be able to gain that today to celebrate the 150th anniver- The Clinton-Glen Gardner School access under more favorable terms. sary of the incorporation of the town of District educates children through the Businesses large and small that want Clinton in Hunterdon County, New Jer- eighth grade. High school students at- to sell their products overseas run into sey. Established as a separate munici- tend North Hunterdon High School in much more difficult barriers, proce- pality in 1865, Clinton has a rich his- neighboring Clinton Township, one of dures, and costs than people who sell tory and is known for its natural beau- our State’s strongest public elemen- their goods to America, which has one ty and sense of community. tary and secondary schools. My twin of the most open markets in the world. The 2010 Census counted the town’s brother, Jim, and I are proud graduates In Oregon, there are two competing population at 2,719. of the high school. narratives: those who are opposed to As the recently deceased Clinton My own family has been involved in further competition for American town historian and longtime mayor, the history of Clinton for many genera- goods in American markets, fearing a Allie McGaheran, has written, the area tions. My great uncle was president of loss of business and jobs; and those who was settled on the convergence of two the local bank, and my father practiced see significant opportunity selling rivers, the Spruce Run and the south law in the town for 70 years. goods and services abroad, creating branch of the Raritan, surrounded by In his essay, ‘‘The Inspiration of more family-wage jobs at home. excellent farmland, attracting English Clinton,’’ Stephen Shoeman notes: The people I talk to in Oregon who and German settlers. One of those set- ‘‘Everybody in Clinton smiles. Every- are in business overwhelmingly support tlers, David McKenny, built two mills body is friendly. America is beautiful that access. They feel they have far directly across the river from each because of Clinton, New Jersey, and more to gain than they have to lose, other. the other towns and villages just like selling more wine, bicycles, agricul- These treasured mills—the first dat- it.’’ tural products, and small tools. They ing to 1810—now the Red Mill Museum This year’s celebration comes 1 year think they can compete overseas, cre- Village and the Hunterdon Museum of after the tricentennial of Hunterdon ating family-wage jobs at home, if that Art, were owned by Daniel Hunt, the County, a yearlong retelling of playing field is level. namesake of the town’s first moniker, Hunterdon County’s storied founding There are others who are deeply con- Hunt’s Mill. These mills have been the and its 300-year journey in advance- cerned that this perceived leveling of center of Clinton’s economic and cul- ment from the English colonies in the playing field will not be achieved. tural life for two centuries. North America to its present-day sta- They are concerned about a lack of Later, mill owners John Taylor and tus as one of America’s premier places labor and environmental standards John Bray championed renaming the to live and work. overseas. town after DeWitt Clinton, the builder Clinton’s history is ingrained in the Having spent time with the people of the Erie Canal and Governor of New fabric of Hunterdon County. We have who are negotiating the agreements, York. also just celebrated New Jersey’s 350th having reviewed documents myself, A limestone quarry, located imme- anniversary. and working to reflect Oregon values diately behind the Red Mill, brought Public-spirited residents have and interests, these agreements, I am another wave of settlers, including worked to keep Clinton beautiful and confident, hold promise for Oregon. But Irish immigrants crossing the ocean to the epitome of small-town American it is too soon to tell for sure because establish a better life for themselves life. Their efforts maintain a charming the agreement is still being negotiated, and their families in the new world. and vibrant merchant district, excel- and people like me are still trying to The present municipal building, a lent public schools, meaningful cul- influence it to make it stronger still. handsome Victorian structure, was the tural events, and significant engage- For instance, I have provisions I am residence of John Leigh, a brick maker ment in public affairs. working on in both the House and the and farmer who served as the town’s The town of Clinton thrives on neigh- Senate to provide an enforcement second mayor. The Lehigh Valley Rail- borly camaraderie. I am deeply hon- mechanism. road provided passenger and freight ac- ored to represent the town here in the As the agreement potentially enters cess, contributing greatly to the House of Representatives. And all who its final stages, where there are some growth and wealth of the town in the love Clinton congratulate the town on of the more difficult concessions with 19th century. its landmark celebration. decisions yet to be made, the United Clinton has a large historic district f States and other countries are reluc- that is on the State and national his- tant to show their full hand while toric registers. There are five historic TRANS-PACIFIC PARTNERSHIP things are in flux. sites: the two mills; the music hall The SPEAKER pro tempore. The That is why the trade promotion au- that entertained generations of resi- Chair recognizes the gentleman from thority that is working its way dents; the original Grandin Library, Oregon (Mr. BLUMENAUER) for 5 min- through the Senate—and may be in named for artist and philanthropist utes. front of the House early in June—is so Elizabeth Grandin in the last century; Mr. BLUMENAUER. Mr. Speaker, important. and the quarry. the near hysteria over trade promotion This trade promotion authority is a The 150th anniversary of Clinton is authority and the pending Trans-Pa- significant enhancement over any being celebrated with parades, farmers’ cific Partnership, the so-called TPP, is similar provision in the past. It guar- markets, art displays, performances, unfortunate because it is so misguided. antees that the entire country—not and other community events. The stakes are too high to get it just Congress—will be able to examine I thank and congratulate Megan wrong, and the negative arguments are all of the provisions 2 months before Jones-Holt for her work as chair of the unfortunate because they are so wrong. the President even signs the agreement 150th anniversary committee. She and Being against TPP, which has yet to and for months after that, before Con- her husband, former mayor and current be finished, is premature, at best. gress votes. The authority also sets out Hunterdon County Freeholder Matt Being against the TPA is misguided be- provisions that speak to the concerns I Holt, do so very much for the town cause those provisions guarantee peo- have heard about for years about the civically. ple will actually know the details and weaknesses in NAFTA, not having en- Clinton is governed by the town form have stronger tools to evaluate wheth- forceable, strong provisions for envi- of government, with a mayor and six er it is worthy of support. ronment and labor. council members. Mayor Janice The trade agenda and the role of That is why I thought it was impor- Kovach and the governing body of the America in the global economy has tant to vote to establish these rules

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.005 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3397 which were significantly strengthened human carnage but inspired by it; a to be done, and they are ready to do and made more transparent as a result group not fighting to protect life but what the American people and the of the tremendous efforts on behalf of fighting to cut it down; and a group not President calls on. my friend and colleague from Oregon, inspired by freedom of religion but in- Lastly, ISIS must be destroyed in Senator RON WYDEN, in the Senate. spired by a hollow and a shallow world Syria; and you can not destroy ISIS in If an agreement is reached under view. The group today is now known as Syria without destroying the incubator these new rules, we will have the ISIS. of ISIS, who is the evil dictator, strongest standards ever to evaluate a b 1030 Bashar al Assad. There are negotia- trade agreement, and everyone in tions in progress now, but until the America will be able to evaluate for Mr. Speaker, before the world paid Syrian people know that the American themselves, not conjure up some sort any attention, this group occupied not people stand behind them through a of speculation. They will have months just parts of Syria, but also Fallujah, no-fly zone and other means, ISIS will to do what I am going to do: see if this an area fought with American blood not be destroyed in Syria until that and treasure to bring peace and sta- agreement is in the best interest of the point. bility to the people of Iraq. The border people in Oregon who I represent. If it Mr. Speaker, it is time for the Presi- of Syria and Iraq was torn down, and is, then they, like I, will support it. If dent to stand up. the world continued to sleep. it is not, then I will do, as I have some- I called for America to lead air- f times done in the past, and vote ‘‘no’’ strikes against this fledgling group at REESTABLISH THE GOLDEN on things I don’t think measure up. that time numbering in the low four FLEECE AWARD The time to draw the lines in the figures. The reaction I received was not sand ‘‘yes’’ or ‘‘no’’ is after an agree- The SPEAKER pro tempore. The unexpected: people angry that I was in- Chair recognizes the gentleman from ment is reached, not before. And terested in starting ‘‘Iraq War III.’’ Yet Arkansas (Mr. HILL) for 5 minutes. thanks to the new trade promotion au- as this cancer continued to grow, the thority, everyone will have an oppor- Mr. HILL. Mr. Speaker, at a time carnage became worse, and today we when our Nation is currently over $18 tunity to make that judgment for find ourselves engaged in limited ac- themselves well in advance of any deci- trillion in debt, we must carefully scru- tion against a group growing in num- tinize our government programs to en- sion that Congress makes. bers faster than they are being dis- sure that we are funding essential pro- f patched by our airplanes. grams, policies, and projects while SYRIA Americans feel saddened that the areas that our brave military members eliminating frivolous and wasteful The SPEAKER pro tempore. The fought so hard to win was being thrown spending. Every day in the news, Americans Chair recognizes the gentleman from away to political expedience, and I am Illinois (Mr. KINZINGER) for 5 minutes. one of those people. I spent a little bit hear of government waste, fraud, Mr. KINZINGER of Illinois. Mr. of time in Iraq, on behalf of the United abuse, and regulations that are hin- Speaker, I remember a few years ago States Air Force, flying airplanes, and dering our small businesses and costing visiting Israel, standing in the Golan I just saw a week ago or a few days ago American taxpayers billions of dollars Heights and looking to the border of that Ramadi, the capital of Anbar that could be better spent in creating Syria. At this time, our guide began province, where we saw so much suc- jobs and boosting our economy. talking about the peaceful protests in cess in the Sunni awakening, has fallen Today, I rise to establish the Golden Syria, the beginning of an era of dis- to ISIS. Fleece Award to once again uncover content. Now, by the way, Anbar and Ramadi and bring public attention to the As I looked into the seemingly peace- serve as a transportation center for wasteful spending across our Federal ful area, I never imagined the carnage getting goods from Jordan and Syria Government. The Golden Fleece Award that was to come: children who on that into Baghdad and are resupply routes will highlight some of the most egre- day attended school, filled with hope for ISIS. So we are seeing not gious examples of government waste of for the future and with dreams of be- overmuch success in Iraq. But lest we hard-working taxpayers’ dollars and coming a businessman, a policeman, an think this fight is limited to just Iraq, will shed new light on some of the architect, or any of the host of things all we have to do is look all over the rampant, unnecessary spending by our building in the minds of such a young world and all over the Middle East and Federal agencies. person at that age; children and par- see ISIS’ influence, from folks arrested The inspiration behind the Golden ents who did not know that in a few near my district in the United States Fleece Award was pioneered by the short years, their lives would be cut attempting to join and support ISIS, to Democratic U.S. Senator from Wis- down by a ruthless dictator, bent on the problems we see in Lebanon and in consin, Bill Proxmire, in March 1975. keeping power at all cost. Saudi Arabia, and as we see ISIS grow For the next 13 years, Senator Prox- As the peaceful protests built in and develop in Libya. This is some- mire went on to issue bulletins an- strength, Bashar al-Assad responded in thing that, Mr. Speaker, the President nouncing a monthly Golden Fleece violence. And so began what history has got to get a control on and reassert Award. The Golden Fleece Award be- will likely judge to be the start of American leadership. came a staple in the U.S. Senate during among the most brutal times in Middle We also see that these terrorist this time. Senator Robert Byrd once East modern history. groups, these jihadist groups, are com- stated that the awards were ‘‘as much Bashar-al Assad began using barrel ing under the umbrella of ISIS, wheth- a part of the Senate as quorum calls bombs indiscriminately against inno- er it is al Shabaab, Boko Haram, or al and filibusters.’’ cent people and infamously gassed Qaeda in Yemen, or we see the Taliban Mr. Speaker, the Golden Fleece thousands who struggled to get that beginning to join under this supposedly Award will once again serve as an im- last breath of life, only to choke to successful group. portant reminder that taxpayers need death, completely aware that that What is it we need to do to push them to watch, control, and provide the nec- breath would be their last. back? In Iraq, I believe we need to use essary reforms, through this Congress, As family members died, others the number of troops and the amount about Federal spending and regula- joined a group later dubbed the Free of military force necessary to destroy tions. Syrian Army, a group the President re- ISIS and not just necessary to follow I will utilize social media and the ferred to as a bunch of pharmacists, the President’s promise of no troops on Internet to provide a unique platform lawyers, and businessmen, all standing the ground. I don’t think we need an- for my constituents to share with me up to reclaim what was theirs right- other 200,000 troops in Iraq, and I examples that they spot, that they see, fully, which was a free Syria. And they haven’t heard a single person actually of waste of our Federal Government re- fight bravely for a free Syria today. ever suggest that, but we need to use sources by using, Through the carnage of this terrible what is necessary to push this back. #goldenfleeceoversight on Twitter, or war, a more nefarious group began to By the way, the American military is emailing me at assemble, a group not concerned with fierce and desperate to do what needs [email protected]. I have

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.010 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3398 CONGRESSIONAL RECORD — HOUSE May 20, 2015 also established a Web site that allows They won’t become persons on a path- land, this country, and these peoples. users to submit their recommendations way to citizenship. They will simply We pray these blessings will continue for future Golden Fleece Awards at have more time here. We will not send through Your grace. hill.house.gov/goldenfleece. them back in harm’s way. We will do We are thankful for the opportunity Americans are crying out for ac- unto them what we would have them to serve wherein is found greatness. We countability from our leaders, and I do unto us if we were in a similar cir- pray for those assembled here today as look forward to working with them and cumstance. they deliberate in this august body. We my colleagues to spot waste and find Mr. Speaker, this bill has many per- pray Your guiding hand be upon them. ways to effectively eliminate that kind sons who are supporting it. More than Bless them with wisdom. Bless them of spending and regulatory overreach 50 persons have supported this piece of with courage to do the right as You in Washington. legislation. I am proud to say that have revealed the right. Help them to remember that what is f some of the persons who have sup- ported it are persons who have great being done in this place is not just an DO UNTO OTHERS AS WE WOULD Nepalese communities, and there are exercise in debate but will affect mil- HAVE THEM DO UNTO US others who do not. They just want to lions of people. Help us, Father, to preserve our her- The SPEAKER pro tempore. The be of help. itage of freedom for future generations. Chair recognizes the gentleman from I want to mention a few whose names This we pray on this 20th day of May Texas (Mr. AL GREEN) for 5 minutes. I did not mention when I mentioned Mr. AL GREEN of Texas. Mr. Speak- in the year of our Lord. names previously, or I did not state Amen. er, the great Mahalia Jackson was a them correctly. This is a chance for me f gospel singer. The great singer and to correct the RECORD: Congressman civil rights activist Mahalia Jackson, MIKE CAPUANO, Congressman TONY THE JOURNAL once proclaimed by Harry Belafonte to CA´ RDENAS, Congressman JOE CROWLEY, The SPEAKER. The Chair has exam- be the most powerful woman in Amer- Congressman MARK DESAULNIER, Con- ined the Journal of the last day’s pro- ica, the great Mahalia Jackson gave us gressman RAU´ L GRIJALVA, Congress- ceedings and announces to the House some words to live by, some words that man LUIS GUTIE´ RREZ, Congressman his approval thereof. can add meaning to life. She, in one of JARED POLIS, Congressman CHARLES Pursuant to clause 1, rule I, the Jour- her songs, indicated that, and I shall RANGEL, Congressman CEDRIC RICH- nal stands approved. paraphrase, if I can help somebody as I MOND, Congresswoman LORETTA SAN- f travel along, then my living shall not CHEZ, and Congresswoman LINDA PLEDGE OF ALLEGIANCE be in vain. Live not in vain; help some- SA´ NCHEZ—all persons who are sup- body—that is the essence of the mes- portive, along with many others, near- The SPEAKER. Will the gentle- sage that she presented. ly 50. woman from New Hampshire (Ms. I am here today to speak of persons I am proud to say that the commu- KUSTER) come forward and lead the who are in harm’s way and who are suf- nity in Houston, the Nepalese commu- House in the Pledge of Allegiance. fering. The people of Nepal have had nity has come together, and they have Ms. KUSTER led the Pledge of Alle- two earthquakes visited upon them: a goal of raising $100,000. They have ex- giance as follows: one a 7.8 magnitude, the other a 7.3 ceeded that goal, under the leadership I pledge allegiance to the Flag of the magnitude. These two earthquakes of Mr. Ghimirey and Mr. Nepal. They United States of America, and to the Repub- have done great damage. More than have exceeded the goal of $100,000, and lic for which it stands, one nation under God, indivisible, with liberty and justice for all. 8,000 people are dead. I am looking at they are still raising additional funds. the statistical information: more than I believe that H.R. 2033 affords all of f 16,000 injured, 8 million persons af- us to live not in vain. I think this is a WELCOMING MINISTER MICHAEL fected, nearly 500,000 homes destroyed, great opportunity to do unto others as GREENE another 200,000-plus damaged. They are we would have them do unto us. I ask still in harm’s way, but there is some- The SPEAKER. Without objection, that we support H.R. 2033 and live not the gentleman from Kentucky (Mr. thing we can do. We can do unto others in vain. Help somebody as we travel as we would have them do to us if we GUTHRIE) is recognized for 1 minute. along our way. There was no objection. had suffered a similar tragedy. f Mr. GUTHRIE. Mr. Speaker, I rise Mr. Speaker, this is a great oppor- today to welcome Mr. Michael Greene tunity for us to do something to help RECESS to Washington. Mike is serving today without actually expending a lot of The SPEAKER pro tempore. Pursu- as guest chaplain in the U.S. House of American dollars, although we have ant to clause 12(a) of rule I, the Chair Representatives. spent quite a bit. I am proud to say declares the House in recess until noon Speaking just moments ago, Mike that the United States has accorded today. prayed for all of us serving this great approximately $40 million to this ef- Accordingly (at 10 o’clock and 41 institution and the work we do each fort—$40 million. It will take a lot minutes a.m.), the House stood in re- and every day. I have been fortunate to more, but the United States is involved cess. know Mike as my minister in Bowling in doing its part. We have had our res- f Green, Kentucky, and have always ap- cue teams there; and one of our rescue preciated his prayers. teams, unfortunately, suffered some b 1200 Throughout his 44 years as a min- tragedy. One of our military heli- AFTER RECESS ister, Mike has served Churches of copters went down. We have lost lives Christ in Kentucky, Tennessee, and there. People have been there living The recess having expired, the House Georgia. He also serves on the board of not in vain, trying to do what they can was called to order by the Speaker at directors of Foundation Christian to be of assistance, doing unto others noon. Academy in Bowling Green. as we would have them do for us under f I always enjoy having a little bit of similar circumstances. Kentucky here in Washington. Today, I PRAYER One of the things that we can do is am proud to welcome you, Mike, to the sign on to a bill that will allow those Minister Michael Greene, Lehman U.S. Capitol. Thank you for your pray- persons who are in this country from Avenue Church of Christ, Bowling ers and for taking the time to be with Nepal, who are here lawfully, to stay in Green, Kentucky, offered the following us in our Nation’s Capitol today. this country for an extended period of prayer: f time while their country is recovering. Dear God, Our Creator and the One H.R. 2033 affords Nepalese who are in from whom we receive our unalienable ANNOUNCEMENT BY THE SPEAKER the United States of America to stay rights, we give You our thanks for this PRO TEMPORE for a while longer. They will not have day and for all the bountiful blessings The SPEAKER pro tempore (Mr. their status in the country change. You have poured out upon this great DUNCAN of Tennessee). The Chair will

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.007 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3399 entertain up to 15 further requests for tration can change the culture from With strong local support, we sub- 1-minute speeches on each side of the within. mitted a bill to rename the post office aisle. The President owes the American in Kingston for Sergeant Dietz. Yester- f people a real, long-term plan to fix the day that bill passed in the Oversight VA—not a promise, not a pledge, not and Government Reform Committee. I VA ACCOUNTABILITY rearranging the chairs on a deck—a thank Chairman CHAFFETZ, his com- (Mr. BOEHNER asked and was given real plan to clean up this mess. mittee, and the entire New York dele- permission to address the House for 1 I will keep coming back to this po- gation for their strong support; and I minute and to revise and extend his re- dium until the administration produces look forward to its passage in the full marks.) such a plan. House soon. Mr. BOEHNER. My colleagues, next f Mr. Speaker, as we approach Memo- week marks the 1-year anniversary rial Day weekend, we pause to remem- VOLVO OCEAN RACE since General Eric Shinseki resigned as ber Sergeant Dietz and all those men the Secretary of the Veterans Affairs (Mr. CICILLINE asked and was given and women who lost their lives in de- Department. permission to address the House for 1 fense of our freedoms. At the time, the President promised minute.) f reform. He said: ‘‘The number one pri- Mr. CICILLINE. Mr. Speaker, I rise ority is making sure that problems get today to congratulate the city of New- BRING BACK OUR GIRLS fixed.’’ port, Rhode Island, in my district, on (Ms. WILSON of Florida asked and Instead of a new day at the VA, the hosting, this month, the Volvo Ocean was given permission to address the American people are still seeing more Race, the world’s premier sailing race House for 1 minute.) of the same. Last year, Congress gave around the world. Ms. WILSON of Florida. Mr. Speaker, the VA Secretary new authority to fire This 12-day event brought 125,000 visi- today I, along with many of my col- employees. While some 110 VA facili- tors to Rhode Island, far exceeding leagues—both women and men, Repub- ties kept secret lists to hide their wait even the most optimistic projections, licans and Democrats—wear red to times, just one person has been fired— as well as millions of dollars in eco- pressure Nigerian President-elect one. nomic activity that supported Rhode Muhammadu Buhari into taking ag- What the hell happened to the rest of Island’s tourism industry and our gressive action against Boko Haram. them? Some got to retire with their small-business community. Most im- Next week, as Nigeria welcomes the benefits, some got transfers, some got portantly, the success of this event of- new President and celebrates Democ- paid leave, some got a slap on the fered an opportunity to tell our story racy Day, we here in Congress want to wrist. All of them went on collecting about the great things that are hap- put a spotlight on the immense threat checks from taxpayers. If only the Vet- pening in Rhode Island today. Boko Haram poses to Nigeria’s democ- erans Administration did half as good a I want to thank everyone who helped racy and freedom. job of taking care of our veterans as make the only North American stop- Mr. Speaker, we want President-elect they do the bureaucrats, we would be over for this year’s Volvo Ocean Race Buhari to know we will hold him ac- in a lot better shape. such an incredible success, including countable, just as we held his prede- Congress also gave the VA more than Sail Newport, Rhode Island’s Public cessor accountable. We urge this new $16 billion to improve care and to Sailing Center, Discover Newport, the administration to bring with it a swift shorten waiting times, yet the number Rhode Island Department of Environ- and lasting change in attitude on this of patients facing long waits is about mental Management, the Newport issue. We hope the new President will the same. The number of patients wait- Chamber of Commerce, Senate Presi- have a sense of urgency in finding the ing more than 90 days has doubled. At dent Teresa Paiva-Weed, Speaker Chibok schoolgirls and defeating Boko this point, the VA can’t even build a Mattiello, members of the general as- Haram. hospital. Just about every project ends sembly, and Governor Gina Raimondo. Mr. Speaker, we expect the new up years behind schedule and hundreds I want to especially acknowledge President to find the girls, whether of millions, if not billions, over cost. Senator WHITEHOUSE for all of his work they have been married off against Last week, the public learned that to bring this race to Rhode Island and their will or not, are alive or in a mass the VA is spending $6 billion a year il- his ongoing efforts to enhance our grave. Wherever they are, we want to legally. An internal report exposed ex- State’s position in the maritime indus- know. amples of overspending on conferences, try. Until they are found, we will con- improper gifts, inappropriate pur- Congratulations to everyone who tinue to tweet, tweet, tweet chases, and promotional items—again, made this such a success. #bringbackourgirls; tweet, tweet, if only VA bureaucrats did as good a f tweet #joinrepwilson. job taking care of our veterans as they f do themselves. TRIBUTE TO STAFF SERGEANT The author of the report at the VA ROBERT H. DIETZ 21ST CENTURY CURES ACT wrote, ‘‘doors are swung wide open for (Mr. GIBSON asked and was given (Mrs. BLACKBURN asked and was fraud, waste, and abuse,’’ and that permission to address the House for 1 given permission to address the House these actions ‘‘may potentially result minute.) for 1 minute and to revise and extend in serious harm or death to America’s Mr. GIBSON. Mr. Speaker, I rise her remarks.) veterans.’’ today to recognize Staff Sergeant Rob- Mrs. BLACKBURN. Mr. Speaker, I That is their own expert saying this. ert H. Dietz who was awarded the rise today to talk about the 21st Cen- This isn’t run-of-the-mill incom- Medal of Honor for his courageous ac- tury Cures Act. This is legislation that petence. It is arrogance; and it is arro- tions during World War II. Sergeant we, at the Energy and Commerce Com- gance that allows our veterans to be Dietz hailed from Kingston, New York, mittee, are working on in a bipartisan lied to, ignored, and, frankly, left to a proud and historical city in New basis, and we look forward to moving it die. York’s 19th Congressional District. to the House floor and seeing this My colleagues, it is almost Memorial In March 1945, Sergeant Dietz led his passed and signed into law. Why are we Day. This is when we slow down and re- squad on an attack of a heavily for- doing it? Because we want to put the flect on the debt of gratitude that we tified German position. Under heavy focus on cures, real cures that will en- owe to our heroes. machine gun fire, Sergeant Dietz ad- able people to live better lives. I commend Chairman MILLER and all vanced forward, clearing enemy obsta- Let’s take just one disease, Alz- of the members of the Veterans Affairs’ cles, providing a path for the men of heimer’s. There are 5 million Ameri- Committee for striving every day to his squad and platoon. This selfless act cans that currently have Alzheimer’s. fulfill this obligation. Congress will enabled the success of this attack; but The cost to the Nation is $215 billion a continue to pass legislation to hold the in the process, Sergeant Dietz lost his year. When you look out several dec- VA accountable, but only the adminis- life. ades to 2050, the cost is estimated to be

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.011 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3400 CONGRESSIONAL RECORD — HOUSE May 20, 2015 $1 trillion a year for one disease. Yes, aces with its highest honor—the Con- CELEBRATING THE 50TH we need to focus on finding cures. gressional Gold Medal. Last year, Con- ANNIVERSARY OF HEAD START And there are other disorders and gress passed this resolution honoring (Ms. SCHAKOWSKY asked and was diseases that need that attention. Take these patriots who are simply the best given permission to address the House autism, diabetes, ALS, cancer, the list of the best. for 1 minute.) moves on. We are the land of the free because of Ms. SCHAKOWSKY. Mr. Speaker, I It is time for us to encourage and all our troops and veterans who have rise to celebrate the 50th anniversary support young scientists, to put the put their lives on the line for us, and I of the Head Start program. focus on our most challenging health salute them today as we remember Head Start is near and dear to my conditions, and we want the regulatory their sacrifices on this Memorial Day. heart. I began my career as a Head agencies to be there to encourage this f Start teacher in the Chicago public effort, and I encourage support for the DAVID LETTERMAN schools. I have never forgotten how the 21st Century Cures Act. program made a monumental dif- (Mr. COHEN asked and was given per- f ference for its students, and this Con- mission to address the House for 1 gress should not forget those kids ei- RECOGNIZING NHTI, CONCORD, minute.) NEW HAMPSHIRE’S COMMUNITY Mr. COHEN. Mr. Speaker, I want to ther. COLLEGE take this occasion to thank David Since its inception, Head Start has Letterman for 33 years of late-night served 32 million children in all 50 (Ms. KUSTER asked and was given States, the District of Columbia, Puer- permission to address the House for 1 television and giving his genius to America. I want to thank him on be- to Rico, and the U.S. territories. Last minute and to revise and extend her re- year, in my home State of Illinois, marks.) half of my friend Warren Zevon for being the best friend his music ever there were 130 early Head Start and Ms. KUSTER. Mr. Speaker, today I Head Start providers providing quality rise to underscore the importance of had, and for helping so many other mu- sicians get an opportunity to play for teachers. increasing access to higher education, And there is an economic impact. America; as a Memphian who attended including crucial workforce develop- Head Start accounted for more than the Andy Kaufman-Jerry Lawler ment programs that help our students 7,950 jobs in Illinois last year. Yet se- match, for Dave giving Andy Kaufman gain the high-tech skills they need to questration cuts have done serious the opportunity to give his zany sense succeed in our 21st century economy. damage to the programs in Illinois and of humor to America, and so many In New Hampshire, we are blessed to around the Nation. In my State alone, other comedians that he gave a forum have some of the very best community more than $16.5 million in funding has to. colleges in the country, and I am proud been cut, 1,900 children went unserved, to have visited every single community Dave was in the Ed Sullivan Theater, but he should have been in the Steve and 549 jobs were lost. college in my district. Certainly none of us was elected to Allen Theater, Ed’s rival, because he Today I would like to recognize one keep young children in need from get- was more like Steve Allen, the first institution, the New Hampshire Tech- ting an education. We should celebrate late-night host. The ‘‘Man on the nical Institute, the community college the 50th anniversary by fully funding Street’’ interview with Steve Allen was in our capital of Concord, which was Head Start and eliminating the seques- like ‘‘Stupid Pet Tricks.’’ just ranked number one in the country ter because every child in our country for value added by the Brookings Insti- Dave Letterman was a genius. To- night I will be watching his last show— deserves a quality education and a tution. That means that NHTI students good start. are meeting and surpassing expected we all will—the 6,028th. We will all outcomes after graduation, and many watch it. f of them are going on to extremely suc- Dave, don’t stay away. Come back. VETERANS DESERVE cessful careers. We thank you for all you have given ACCOUNTABILITY us. Every student should have access to (Mr. WILSON of South Carolina this type of opportunity, and I am f asked and was given permission to ad- pushing for a number of initiatives HONORING MONTANA VETERANS dress the House for 1 minute and to re- that will help business partners join (Mr. ZINKE asked and was given per- vise and extend his remarks.) with community colleges to provide mission to address the House for 1 Mr. WILSON of South Carolina. Mr. specific job training. Let’s all join to- minute.) Speaker, this week, an internal report gether to make sure that students Mr. ZINKE. Mr. Speaker, today I rise from the Department of Veterans Af- across the country can access the kind in honor of Montana veterans and all fairs revealed that the Department an- of value-added programs offered at the men and women who have fallen in nually spends $6 billion on illegal con- NHTI. And together, we can move for- defense of our great Nation. tracts and out-of-control spending. ward so that every American can real- I would like to recognize one in par- This fraud is unacceptable, an insult to ize the American Dream. ticular, Private 1st Class Nicholas the men and women who have risked f Cook, from Hungry Horse, Montana, their lives in service to our country. b 1215 who was killed in action in Afghani- Unfortunately, this lack of account- stan. He bravely sacrificed himself to ability at the Department of Veterans VETERAN HEALTH CARE, FIGHTER save his fellow paratroopers by expos- Affairs is all too common under Presi- ACES ing his position, providing suppressive dent Obama’s failed leadership. (Mr. SAM JOHNSON of Texas asked fire. His valor earned him the Silver Our veterans deserve the best care, and was given permission to address Star. and I will continue working to give our the House for 1 minute and to revise Mr. Speaker, no veteran should ever veterans the treatment they have and extend his remarks.) be forgotten. Today I would like to also earned as promoted by Veterans’ Af- Mr. SAM JOHNSON of Texas. Mr. recognize the following Montana vet- fairs Chairman JEFF MILLER of Florida. Speaker, one of my top priorities is erans for their service to our Nation: Congress has worked to promote standing up for our servicemen and James Diqhans, Carl Nordberg, Ken- change at the VA. For example, this -women. That is why I am proud to re- neth and Christopher Bogner, George week, we passed the Ensuring VA Ac- introduce the Help Veterans Save for Lacher, Charles Pickard, Michael countability Act, sponsored by Con- Health Care Act, because right now the Kallas, James and Gary Jacobson, Ben- gressman RYAN COSTELLO. This bipar- IRS makes a veteran choose between jamin Balducke, Nicholas Cook, tisan effort clearly demonstrates receiving VA care or continuing to Williard Purkett, James and John meaningful reforms for our veterans fund their health savings account. Hantz, Robert Emrick, Dennis and military families. That is wrong. My bill fixes that. Morkert, and Edward Kinney. I hope President Obama can live up In addition to this bill, today Con- God bless the United States, and God to his commitment to end delays and gress will recognize America’s fighter bless the troops that defend her. denial of services to our veterans.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.012 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3401 In conclusion, God bless our troops, Mr. Speaker, please join me in pray- children who have been abused and re- and may the President by his actions ing for the captain’s mother, father, moved from their homes. This is what never forget September the 11th in the wife, daughter, unborn child, and all so many dedicated foster families are global war on terrorism. others who lost loved ones in this ter- able to provide. f rible tragedy. As Memorial Day ap- Mr. Speaker, during National Foster proaches, we must make it our priority Care Month, I would like to celebrate CELEBRATING THE 50TH to honor and remember our military the resiliency of foster children who ANNIVERSARY OF HEAD START heroes, and Captain Lukasiewicz is cer- overcome great obstacles at such a (Ms. LORETTA SANCHEZ of Cali- tainly one of our heroes. young age and recognize the dedicated fornia asked and was given permission f foster families who support them. to address the House for 1 minute and f to revise and extend her remarks.) CELEBRATING THE 50TH Ms. LORETTA SANCHEZ of Cali- ANNIVERSARY OF HEAD START NATIONAL FOSTER CARE MONTH fornia. Mr. Speaker, I am proud to say (Mr. NOLAN asked and was given (Mrs. LAWRENCE asked and was that this week marks the 50-year anni- permission to address the House for 1 given permission to address the House versary of the Head Start program, a minute and to revise and extend his re- for 1 minute.) momentous achievement in our Na- marks.) Mrs. LAWRENCE. Mr. Speaker, tion’s fight to break the cycle of pov- Mr. NOLAN. Mr. Speaker, Members today I stand here to recognize May as erty and open the windows of oppor- of the House, as Congresswoman SCHA- National Foster Care Month. More tunity for low-income families and KOWSKY and Congresswoman SANCHEZ than 40,000 of our Nation’s youth are children. just pointed out their involvement in currently living in the child welfare Now, I don’t want to date myself, ac- Head Start, I want you to know I di- system. More than 23,000 youth age out tually, but I was in the first class of rected a 19-unit Head Start program up of the foster care system when they Head Start, and today I bring with me in north central Minnesota in my turn 18, putting them at risk for home- my original certificate of completion youth, and so I am proud to join them lessness, criminal exposure, and mental from that program. I am proud to say in celebrating this 50th anniversary illness. These statistics paint a grim that, if it were not for Head Start, I that served over 32 million children, picture. wouldn’t be here today. You see, as the because I was able to see firsthand how Today I stand here to recognize a daughter of poor immigrants from this impacted children’s lives. And young woman who aged out of the fos- Mexico, not many people would think I what a testimonial it is to see one of ter care system, Kamille Tynes, a suc- would graduate from high school, let the first participants go on to become cess story. Kamille spent 5 years in the alone college, or get my MBA and even- a Member of the United States Con- Michigan foster care system. Her expe- tually make my way to the House of gress and running for the United States rience fostered a tireless advocacy for Representatives. Senate. foster care and resources that our chil- Head Start has served over 32 million Clearly, Head Start is so critical to dren need. She has been given awards children, and, more importantly, it has our national commitment to every and recognized for her amazing leader- helped families know how to navigate child, regardless of their circumstances ship, such as the foster care Out- the school system. My hat is off to the at birth, to have an opportunity to suc- standing Young Leaders Award. She is teachers, to the community volunteers, ceed in life, developing that wonderful now creating her own consulting firm to the healthcare coordinators, and to spark for learning that sets kids up for to address those needs. She is a grad- so many who helped to implement success. uate of the University of Michigan. Head Start programs in their commu- So once again, hats off to the edu- Ladies and gentlemen, I ask my col- nities. Your work is transforming our cators, to the directors, to the faculty, leagues to please continue to under- Nation. It is giving that head start to and to the parents, all those who have stand the importance of recognizing our children because they are the fu- made this program such a wonderful, and funding our foster care program. ture of this Nation. great success for children all across f So, Mr. Speaker, I say today, ‘‘Happy America. NATIONAL FOSTER CARE MONTH birthday, Head Start.’’ f f (Mr. THOMPSON of Pennsylvania NATIONAL FOSTER CARE MONTH asked and was given permission to ad- REMEMBERING CAPTAIN DUSTIN (Mr. ROTHFUS asked and was given dress the House for 1 minute and to re- LUKASIEWICZ OF ALMA, NE- permission to address the House for 1 vise and extend his remarks.) BRASKA minute and to revise and extend his re- Mr. THOMPSON of Pennsylvania. (Mr. SMITH of Nebraska asked and marks.) Mr. Speaker, I rise today to recognize was given permission to address the Mr. ROTHFUS. Mr. Speaker, I rise to and celebrate May as National Foster House for 1 minute and to revise and recognize May as National Foster Care Care Month and welcome many of the extend his remarks.) Month. foster care youth who are visiting the Mr. SMITH of Nebraska. Mr. Speak- Today I would like to applaud the House of Representatives today. er, I rise today in remembrance of thousands of families who open their This year’s theme is ‘‘Get to Know Third District constituent Captain homes to foster children. It takes a the Many Faces of Foster Care.’’ The Dustin Lukasiewicz of Alma, Nebraska. special kind of caregiver to foster a goal of this special month is to cele- He and five fellow marines were killed child, someone who can drop every- brate the experiences of the more than in a helicopter crash last week while thing on a moment’s notice and, with- 400,000 youth in the child welfare sys- providing humanitarian aid to earth- out hesitation, bring a child into their tem and raise awareness about their quake victims in Nepal. home. needs. Captain Lukasiewicz made the ulti- In Pennsylvania alone, there are Mr. Speaker, the foster care system mate sacrifice while trying to assist 15,000 children in foster care. That has and always will hold a special place victims no one else could reach. His means we have thousands of amazing in my heart. When I was 11 years old, service reflects the goodness of Amer- families with hearts big enough to pro- my family welcomed a foster care ica, accepting the call to help those vide love and care for children who child, Bob, into our home. Bob, who need it most. need a place to call home. throughout the years, has taught me so When I spoke with the captain’s Mr. Speaker, foster children become much and will be my brother for life. mother yesterday, she told me how her an irreplaceable part of the family. In- Today I have the honor of being shad- son called to wish her a happy Mother’s deed, the most telling statistic is that owed for the day by Nyeelah Innis of Day just days before the crash. His at- in Pennsylvania 65 percent of families Newnan, Georgia. Nyeelah has been in tention to loved ones is a reflection of end up adopting their foster children. foster care for 8 years, with her first his life of service and devoting himself We need families willing to open their foster care setting starting when she to the care of others. hearts and homes unconditionally to was 10 years old. Mr. Speaker, in just

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.013 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3402 CONGRESSIONAL RECORD — HOUSE May 20, 2015 these few hours, Nyeelah has impressed care. Sixty-five percent of foster chil- health system, I joined my colleague, me with her positive attitude and ea- dren experience at least seven school Representative KUSTER, last week in gerness to learn about the legislative changes while in care. Fifty percent of hosting a mental health summit with branch of our Federal Government. I former foster and probation youth be- local advocates, healthcare providers, know for certain that this young lady come homeless within the first 18 and New Hampshire lawmakers. has a very bright future ahead, like so months of emancipation. These experts are essential in the many other youth whom we will see My foster shadow today is Damara. fight to reform and strengthen our through the Halls of Congress today. She is from Pennsylvania, and we are mental health system. It is with their f exchanging some great ideas about fos- feedback, perspective, and opinion that ter care. myself, Representative KUSTER, and b 1230 All children deserve a safe, loving, my colleagues in Congress can devise CONGRESSIONAL FOSTER YOUTH and permanent home. Please become a bipartisan solutions to fix this very im- SHADOW DAY foster care parent. My wife and I are portant issue. (Ms. BASS asked and was given per- foster care parents and associated with Together, we can bring about real bi- mission to address the House for 1 working with children throughout my partisan change for individuals and minute.) life. We have provided so much for families affected by mental illness. We Ms. BASS. Mr. Speaker, I join my them, but equally important, they need to change this to a patient-cen- colleagues today in celebration of 63 have provided so much for us. tered and metrics-driven environment foster youth and 63 bipartisan Members f to ensure that Granite State patients and their families are provided with of Congress who are participating in GREEN SCHOOLS the fourth annual Congressional Cau- the necessary care, support, and re- cus on Foster Youth Shadow Day expe- (Mr. ASHFORD asked and was given sources they deserve. rience. permission to address the House for 1 f The goal of this event is to give fos- minute.) Mr. ASHFORD. Mr. Speaker, I rise ASIAN AMERICAN AND PACIFIC ter youth the opportunity to share ISLANDERS HERITAGE MONTH their unique experience with Members today to applaud several Nebraska of Congress, as well as gain intimate schools for their nationally recognized (Ms. TITUS asked and was given per- insight into the legislative process. roles in protecting the environment. mission to address the House for 1 Far too often, we legislate from a Two Omaha schools—the Edward minute.) glass tower, far removed from the peo- ‘‘Babe’’ Gomez Heritage Elementary Ms. TITUS. Mr. Speaker, Asian ple and places that our laws affect. School and the Wilson Focus School— American and Pacific Islanders’ Shadow Day was created to address along with the Lincoln School District, achievements in art, technology, busi- this very issue, empowering foster have been named 2015 Green Ribbon ness, and education serve as a reminder youth from across the country to come Schools by the U.S. Secretary of Edu- that our Nation’s success is built upon to our Nation’s Capital and share their cation, Arne Duncan. the foundation of diversity. stories, while giving Members of Con- These schools have been honored for This is particularly evident in my gress the opportunity to learn from the their promising efforts to reduce nega- district, which is home to the largest very young people whose lives we genu- tive environmental impact, ensure en- AAPI community in Nevada. The Las inely want to improve. vironmental education, promote better Vegas Asian Chamber of Commerce fa- Shadowing me today is Briana, a health, and cut utility costs. cilitated the reinvigoration of our beautiful young woman from my home- As Secretary Duncan has noted, economy after the 2008 crash. town of Los Angeles. Briana became an these schools are ‘‘an inspiration and Chinatown Plaza on Spring Mountain open case of the department of child deserve the spotlight for embodying Road is home to one of the country’s and family services at the age of 15 due strong examples of innovative learning most popular Chinese New Year cele- to abuse by her father. Multiple place- and civic engagement.’’ brations. There is a thriving Filipino ments, neglect, and instability defined It is clear that the honorees are pow- district along Maryland Parkway. Doz- her foster care experience. erful examples of the ways in which ens of Thai, Japanese, Korean, and Vi- As she pursues her bachelor’s degree schools can help students cut school etnamese shops, restaurants, markets, in accounting at Dillard University in costs, provide healthy learning envi- and festivals enrich our society and New Orleans, Briana strives to voice ronments, and prepare for the real strengthen our economy. the real concerns of foster youth and world ahead. As we celebrate AAPI Heritage give strength to her foster peers by I also want to take this opportunity Month, let us acknowledge the value moving towards change. Briana’s ulti- to honor my good and late friend, Sen- immigrants bring to our lives and rec- mate goal is to become a foster care ator Ron Raikes from Ashland, Ne- ognize how much we all stand to gain advocate, encouraging other youth like braska, who with me developed the leg- from enacting comprehensive immigra- her to stand up for themselves in the islation for the focus schools in Ne- tion reform that honors our country’s child welfare system. braska. He has been and is sorely legacy as the land of opportunity. I look forward to hearing more about missed. We don’t simply benefit from the Briana’s experience and listening to f myriad contributions of immigrants; we thrive and flourish because of them. her legislative recommendations. FIX OUR MENTAL HEALTH Thank you, Briana, for your resiliency SYSTEM f and your commitment to reforming the (Mr. GUINTA asked and was given RECOGNIZING COLONEL ARTHUR child welfare system. JEFFREY In honor of Briana and the other 62 permission to address the House for 1 foster youth here on the Hill, I invite minute and to revise and extend his re- (Mr. NEWHOUSE asked and was my colleagues to join the Congres- marks.) given permission to address the House sional Caucus on Foster Youth. Mr. GUINTA. Mr. Speaker, I rise for 1 minute and to revise and extend today to advocate on behalf of a cause his remarks.) f near and dear to my heart, fixing our Mr. NEWHOUSE. Mr. Speaker, today, NATIONAL FOSTER CARE MONTH mental health system. we present a Congressional Gold Medal, (Mr. MARINO asked and was given As some of you may know, I have a the highest civilian honor bestowed by permission to address the House for 1 family member with a mental illness. Congress, to recognize the distin- minute.) This has allowed me to witness first- guished service of the American Fight- Mr. MARINO. Mr. Speaker, I rise hand where our system fails those with er Aces. today to recognize May as National a mental illness and to see where the One of the Fighter Aces being hon- Foster Care Month. opportunities are for improvement. ored is Colonel Arthur Jeffrey, who was On September 30, 2012, there was an As part of my effort to bring about credited with shooting down 14 enemy estimated 400,000 children in foster change to New Hampshire’s mental aircraft during World War II. Colonel

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.015 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3403 Jeffrey flew air cover missions during Warriors Weekend brings together NATIONAL FOSTER CARE MONTH D-day. In December 1944, he was award- military members who have been (Ms. ROS-LEHTINEN asked and was ed the Silver Star for his ‘‘courage, wounded during combat in the global given permission to address the House combat skills, and gallant leadership’’ war on terror—and not just those who for 1 minute and to revise and extend while thwarting an enemy mission. are wounded physically, but also those her remarks.) Colonel Jeffrey ended his tour as with invisible scars, like PTSD and de- Ms. ROS-LEHTINEN. Mr. Speaker, as commander of the 434th Fighter Squad- pression. we celebrate National Foster Care ron. His service was recognized at the Mr. Speaker, many of these current Month, first recognized by President time with the Distinguished Flying and former military members are still Ronald Reagan in 1988, I would like to Cross, with one oakleaf cluster, and the in recovery and physical rehabilita- thank the dedicated foster families, so- Air Medal, with 16 oakleaf clusters. tion, but the weekend event gives them cial workers, and service providers for Colonel Jeffrey passed away this the chance to build a support network their commitment to help children. April in Yakima, Washington, at the and have a great time enjoying the May is also a time to shed light on age of 95, regrettably before this honor Texas outdoors. the plight of nearly 400,000 children and was bestowed. Warriors Weekend was created in youth who are currently in our coun- Please join me in honoring the mem- part by veterans who served during try’s foster care system, and we call for ory of Colonel Arthur Jeffrey, a re- Vietnam. They knew all too well how safe and nurturing environments for markable American, for his out- it felt to return home from war and be these vulnerable members of our soci- standing service defending our Nation. looked down on. They wanted to make ety. f sure every member of the military is In an effort to give qualified adoptive welcomed home properly, and they HEAD START 50TH ANNIVERSARY and foster parents an opportunity to knew that our wounded veterans often- make a lasting difference in the lives (Mr. CLYBURN asked and was given times have needs that are overlooked. of these children, I will be introducing permission to address the House for 1 I urge Members to support Warriors bipartisan, bicameral legislation that minute and to revise and extend his re- Weekend again next year. would help ensure that more children marks.) have the opportunity to be raised in a Mr. CLYBURN. Mr. Speaker, this f loving and supportive home that they week marks the 50th anniversary of can call their own. Head Start, a wonderful success story PASS A LONG-TERM PLAN TO FIX The Every Child Deserves a Family that empowered 32 million children in OUR NATION’S TRANSPORTATION Act would ensure that prejudices plays America. INFRASTRUCTURE no part in adoption and foster care Unfortunately, the future of Head placements. A parent’s ability to care Start today stands in grave peril due to (Mrs. CAROLYN B. MALONEY of for a child should not be determined by the misplaced priorities of the Repub- New York asked and was given permis- any parent’s sexual orientation or gen- lican budget which cuts $759 billion sion to address the House for 1 minute.) der identity, but by their love. from nondefense discretionary funds Mrs. CAROLYN B. MALONEY of New and will result in 35,000 fewer children York. Mr. Speaker, the House voted f participating in Head Start. yesterday to approve a 2-month exten- b 1245 House Democrats want to embrace sion of the highway trust fund. I am pleased we were able to pass a short- PROVIDING FOR CONSIDERATION the future by investing in early child- OF H.R. 2262, SPURRING PRIVATE hood education and enacting universal term fix, but it is time to stop kicking the can down the road. AEROSPACE COMPETITIVENESS prekindergarten. Democrats strongly AND ENTREPRENEURSHIP ACT support President Obama’s initiative I urge my colleagues to use the next 60 days to come up with a long-term OF 2015; PROVIDING FOR CONSID- to fully fund Head Start and expand ERATION OF H.R. 880, AMERICAN the Early Head Start-Childcare Part- plan to invest in our Nation’s transpor- tation infrastructure, a plan that will RESEARCH AND COMPETITIVE- nerships. Research shows that high- NESS ACT OF 2015; PROVIDING quality early education is a great in- create jobs, strengthen American com- petitiveness, and lay the groundwork FOR CONSIDERATION OF MO- vestment in a child’s life and our Na- TIONS TO SUSPEND THE RULES; tion’s future. for future economic growth. I asked the Joint Economic Com- AND PROVIDING FOR PRO- Mr. Speaker, our children are our fu- CEEDINGS DURING THE PERIOD ture. As Head Starters across the coun- mittee staff to analyze the costs of U.S. underinvestment in infrastruc- FROM MAY 22, 2015, THROUGH try plant rose bushes this week to com- MAY 29, 2015 memorate President Johnson’s Rose ture, and this map tells an important Garden launching of Head Start, this part of the story. Mr. STIVERS. Mr. Speaker, by direc- Congress must reject the misplaced Across the country, one in four tion of the Committee on Rules, I call priorities of the Republican budget and bridges are structurally deficient or up House Resolution 273 and ask for its embrace a brighter future for our chil- functionally obsolete. That is scary, immediate consideration. dren. and it is a matter of public safety. The Clerk read the resolution, as fol- lows: f Americans are taking tens of millions of trips every day over bridges that are H. RES. 273 HONORING WARRIORS WEEKEND in need of repair. Resolved, That at any time after adoption (Mr. FARENTHOLD asked and was As you can see on the map, in some of this resolution the Speaker may, pursuant given permission to address the House States, over one-third of the bridges to clause 2(b) of rule XVIII, declare the for 1 minute and to revise and extend are failing. Here in the Nation’s Cap- House resolved into the Committee of the his remarks.) ital, 70 percent of our bridges are fail- Whole House on the state of the Union for Mr. FARENTHOLD. Mr. Speaker, I ing. We should fix our crumbling infra- consideration of the bill (H.R. 2262) to facili- tate a pro-growth environment for the devel- am here today to pay tribute to our structure as a matter of public safety oping commercial space industry by encour- veterans and to the men and women of and as a matter of national pride. aging private sector investment and creating our Armed Forces who wake up every To see how your State is doing, you more stable and predictable regulatory con- day, put on our Nation’s uniform, and can download the map and the raw ditions, and for other purposes. The first don’t know if they are going to be data behind it from the JEC, reading of the bill shall be dispensed with. home that evening safely with their jec.senate.gov. All points of order against consideration of families. I urge my colleagues to support in- the bill are waived. General debate shall be Last weekend, volunteers came to- frastructure. It is time to move beyond confined to the bill and shall not exceed one hour equally divided and controlled by the gether in Port O’Connor, Texas, to a 2-month extension and, instead, work chair and ranking minority member of the honor more than 900 veterans and cur- on a long-term solution to this critical Committee on Science, Space, and Tech- rent members of the Armed Forces for and important and economic develop- nology or their respective designees. After the ninth annual Warriors Weekend. ment challenge. general debate the bill shall be considered

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3404 CONGRESSIONAL RECORD — HOUSE May 20, 2015 for amendment under the five-minute rule. cle I of the Constitution, to be announced by the underlying legislation we have In lieu of the amendment in the nature of a the Chair in declaring the adjournment. under consideration today continues substitute recommended by the Committee SEC. 6. The Speaker may appoint Members that objective, and I look forward to on Science, Space, and Technology now to perform the duties of the Chair for the du- discussing these critical issues with printed in the bill, it shall be in order to con- ration of the period addressed by section 5 of sider as an original bill for the purpose of this resolution as though under clause 8(a) of our colleagues here in the House. amendment under the five-minute rule an rule I. H.R. 2262, the SPACE Act of 2015, is a package of four bills that will update amendment in the nature of a substitute The SPEAKER pro tempore. The gen- consisting of the text of Rules Committee the Commercial Space Launch Act. Print 114-17. That amendment in the nature tleman from Ohio is recognized for 1 H.R. 2262, the SPACE Act, as intro- of a substitute shall be considered as read. hour. duced by the majority leader, the gen- Mr. STIVERS. Mr. Speaker, for the All points of order against that amendment tleman from California (Mr. MCCAR- in the nature of a substitute are waived. No purpose of debate only, I yield the cus- THY), will facilitate a progrowth envi- amendment to that amendment in the na- tomary 30 minutes to the gentleman ronment for the commercial space in- ture of a substitute shall be in order except from Florida (Mr. HASTINGS), pending those printed in part A of the report of the dustry by encouraging private sector which I yield myself such time as I investment and by creating a more sta- Committee on Rules accompanying this res- may consume. During consideration of olution. Each such amendment may be of- ble and predictable regulatory environ- fered only in the order printed in the report, this resolution, all time yielded is for ment. may be offered only by a Member designated the purpose of debate only. H.R. 1508, the Space Resource Explo- in the report, shall be considered as read, GENERAL LEAVE ration and Utilization Act, introduced shall be debatable for the time specified in Mr. STIVERS. Mr. Speaker, I ask by the gentleman from Florida (Mr. the report equally divided and controlled by unanimous consent that all Members POSEY), will promote the development the proponent and an opponent, shall not be have 5 legislative days in which to re- of a United States commercial space subject to amendment, and shall not be sub- ject to a demand for division of the question vise and extend their remarks. resource exploration and utilization in- in the House or in the Committee of the The SPEAKER pro tempore. Is there dustry, and it will increase the explo- Whole. All points of order against such objection to the request of the gen- ration and utilization of resources in amendments are waived. At the conclusion tleman from Ohio? outer space. of consideration of the bill for amendment There was no objection. H.R. 2261, the Commercial Remote the Committee shall rise and report the bill Mr. STIVERS. Mr. Speaker, on Tues- Sensing Act, introduced by the gen- to the House with such amendments as may day, the Rules Committee met and re- tleman from Oklahoma (Mr. have been adopted. Any Member may de- ported a rule for two bills—H.R. 2262, BRIDENSTINE), will facilitate the con- mand a separate vote in the House on any the SPACE Act of 2015, and H.R. 880, tinued development of the commercial amendment adopted in the Committee of the remote sensing industry and protect Whole to the bill or to the amendment in the the American Research and Competi- nature of a substitute made in order as origi- tiveness Act of 2015. House Resolution our national security. nal text. The previous question shall be con- 273 provides for a structured rule for Finally, H.R. 2263, the Office of Space sidered as ordered on the bill and amend- the consideration of H.R. 2262 and a Commerce Act, proposed by the gen- ments thereto to final passage without inter- closed rule for the consideration of tleman from California (Mr. ROHR- vening motion except one motion to recom- H.R. 880. ABACHER), will rename the Office of mit with or without instructions. The resolution provides for 1 hour of Space Commercialization to the Office SEC. 2. Upon adoption of this resolution it of Space Commerce, and it will seek to shall be in order to consider in the House the debate, equally divided between the chair and the ranking minority mem- foster the conditions for the economic bill (H.R. 880) to amend the Internal Revenue and technological growth of the United Code of 1986 to simplify and make permanent ber of the Committee on Science, the research credit. All points of order Space, and Technology, for H.R. 2262, States space commerce industry. against consideration of the bill are waived. and 1 hour of debate, equally divided This package of bills will ensure The amendment in the nature of a substitute between the chair and ranking minor- American leadership in space by fos- tering a strong and vibrant commercial recommended by the Committee on Ways ity member of the Committee on Ways and Means now printed in the bill, modified space industry. Without this legisla- and Means, for H.R. 880. by the amendment printed in part B of the tion, the commercial space industry The resolution also provides for the report of the Committee on Rules accom- may face a myriad of regulatory hur- consideration of seven amendments to panying this resolution, shall be considered dles that would threaten America’s H.R. 2262, and it provides for a motion as adopted. The bill, as amended, shall be continued exceptionalism in space ex- considered as read. All points of order to recommit for each bill. In addition, against provisions in the bill, as amended, ploration. the rule provides for the normal recess The other underlying bill in this rule, are waived. The previous question shall be authorities to allow the chair to man- considered as ordered on the bill, as amend- H.R. 880, addresses the research and de- age pro forma sessions; it provides for velopment tax credit. In 1981, President ed, and on any further amendment thereto, the Committee on Appropriations to to final passage without intervening motion Reagan signed into law a critical re- except: (1) one hour of debate equally divided have the opportunity to file reports search and development tax credit, but and controlled by the chair and ranking mi- during the district work period; and it Washington has let it expire and then nority member of the Committee on Ways provides for suspension authority for has renewed it over a dozen times since and Means; and (2) one motion to recommit Thursday to provide flexibility on the then. with or without instructions. last day prior to the district work pe- As we discussed last month as to our SEC. 3. It shall be in order at any time on riod. tax credits, Mr. Speaker, the R&D tax the legislative day of May 21, 2015, for the Mr. Speaker, I rise today in support Speaker to entertain motions that the House credit was included in the package of suspend the rules as though under clause 1 of of the resolution and the underlying retroactive bills and extenders that rule XV. The Speaker or his designee shall legislation. was signed by the President on Decem- consult with the Minority Leader or her des- Both of these bills represent critical ber 19 of last year, providing just 7 ignee on the designation of any matter for investments in science and techno- business days of certainty for busi- consideration pursuant to this section. logical innovation. On the floor this nesses seeking to utilize this provision SEC. 4. The Committee on Appropriations week, we have debated and passed sev- of our Tax Code. It, along with all of may, at any time before 5 p.m. on Wednes- eral pieces of legislation to encourage day, May 27, 2015, file privileged reports to the others that expired again on De- accompany measures making appropriations the research and development of new cember 31 of last year, currently re- for the fiscal year ending September 30, 2016. technologies and ideas, moving our main expired. The temporary nature of SEC. 5. On any legislative day during the economy and our country forward and the now expired research credit limits period from May 22, 2015, through May 29, cementing our place in the world as the its effectiveness, which prevents some 2015— leader in scientific discovery. businesses from having certainty on (a) the Journal of the proceedings of the These discoveries and the research long-term investments in U.S.-based previous day shall be considered as approved; they require will promote and create and research and development. (b) the Chair may at any time declare the high-tech, high-paying jobs that can More research and development House adjourned to meet at a date and time, have untold benefits to our economy, means more innovation, greater eco- within the limits of clause 4, section 5, arti- benefiting all Americans. The rule and nomic growth, and more American

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.005 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3405 jobs. In 2012, American companies in- b 1300 time and time again that we cannot vested $302 billion in research and de- Votes on the House floor should re- continue to provide tax cuts and cred- velopment. As of 2011, 1.47 million flect where Members stand on the spe- its without a mechanism to pay for Americans worked directly in research cific questions at issue, not on a set of them. It is comical to me that my Re- and development. Increased certainty, complex and unrelated procedures, publican friends claim to be the party combined with the simplification of some of which they support and others of fiscal responsibility while they, in our Tax Code, would lead to more re- which they oppose. the same breath, advocate a measure search and more American jobs. Indeed, just yesterday, the House that would add nearly $200 billion to Investment in research and develop- considered H. Res. 271, a rule providing the Federal deficit. ment is the key to America remaining for consideration of three measures: In addition to this legislation’s reck- the world’s leader in innovation. The the Highway and Transportation Fund- less budgetary impact, I disagree with the piecemeal approach the majority percentage of patents awarded by the ing Act, the Legislative Branch Appro- has taken in making these tax credits U.S. Patent Office has increased each priations Act, and the America COM- permanent. More than 50 tax provisions year, but the share awarded to U.S. PETES Reauthorization bill. innovators has declined. In the year The debate on that rule vacillated expired at the end of last year, many of 2000, 54 percent of the patents awarded from surface transportation projects, them critical to the middle and work- were of American origin. By 2014, the to funding for the legislative branch, to ing class and, yes, poor families. And yet, instead of addressing the issues number fell to 48 percent. From 2001 to the prioritization of science research facing our Tax Code in a comprehen- 2011, America’s share of global research development. Such debate erodes the sive, bipartisan way, the majority has and development declined from 37 per- integrity of House proceedings by cre- decided to leave certain tax credits— cent to just 30 percent. ating confusing alternations in subject ones that would directly improve the matter that eliminate the ability to re- By making the research credit per- lives of hard-working American fami- inforce a line of reasoning or respond manent, researchers can stop worrying lies, such as the work opportunity tax about whether Congress is going to ex- to opposing arguments. The grab-bag approach has sky- credit, the new markets tax credit, and tend the tax credit and can, instead, renewable energy tax credit—to an un- rocketed since Republicans assumed focus on new discoveries that will help certain fate. control of the House in 2011, with a fuel our economy and grow jobs. The American people expect, and I I look forward to debating these bills record 49 grab-bag rules reported out am sure that they deserve, a Tax Code with our House colleagues, and I urge during the 113th Congress. Even more that supports our shared priorities. support for the rule and the underlying disheartening, we are on schedule to Cherry-picking tax credits to extend, legislation. shatter this record during the 114th and then allowing those credits to dra- Mr. Speaker, I reserve the balance of Congress, having already approved an matically increase the deficit, is, in my my time. unconscionable 14 of these rules in less view, a step in the wrong direction. It Mr. HASTINGS. Mr. Speaker, I yield than 5 months. is an unacceptable step away from bi- In fairness, the chairman of the Com- myself such time as I may consume, partisan, comprehensive tax reform. mittee on Rules did say, in response to and I thank the gentleman from Ohio I agree, as most of my colleagues one of my colleagues and myself the for yielding me the customary 30 min- likely do as well, that the research tax day before, that this practice is not utes for debate. credit is critical for American innova- likely to continue at its present pace, I rise today in opposition to the rule tion. That is why I am truly dis- and I await the opportunity for him to and the underlying bills. appointed, although not surprised, that fulfill his view with reference to that Before I proceed, I did not speak dur- my Republican friends have again cho- matter. sen to place partisan politicking above ing the 1 minutes, and I want to also Mr. Speaker, I stand before you take cognizance of this being the 50th the needs of our constituents. today for consideration of yet another This rule also provides for consider- anniversary of Head Start and, addi- grab-bag rule governing two bills of tionally, this month of May as being ation of the SPACE Act of 2015, an- significant importance that, as a result other piece of once bipartisan legisla- Foster Care Month. Like many Mem- of this rule, will undoubtedly escape bers, I have a young person who has a tion that has been distorted into an un- the due consideration each deserves. recognizable measure that panders to more than compelling story about fos- H.R. 880, the American Research and ter care—Ke’Onda Johnson from Royal industry giants without regard for the Competitiveness Act of 2015, would safety of the American public or of Palm, Florida—who is shadowing me make permanent a tax credit for quali- today, and I am delighted that she and spaceflight passengers. fied research expenses that expired at While the enticement of space travel other youngsters have this oppor- the end of last year. It is my strong be- hovers over the objectives of this legis- tunity. lief that Democrats and Republicans, lation, we must address the reality of Mr. Speaker, this rule provides for alike, support a tax credit that will what this bill seeks to accomplish. the consideration of H.R. 880, the help facilitate innovation and foster First, this bill reads like a laundry list American Research and Competitive- advancements in research, enabling of commercial space launch industry ness Act of 2015, and H.R. 2262, the American companies to grow and pros- requests, exempting it from needed SPACE Act of 2015—two separate bills, per. Technological innovation stem- safety regulations and providing essen- wholly unrelated in content and pur- ming from research and development tially complete immunity for civil law- pose. serves as an important engine to our suits by removing claims related to As a first order of business, I believe Nation’s economic growth. commercial space launches from State it is critical that I take a moment to My opposition to this piece of legisla- court and mandating that they be highlight the manner in which we are tion, therefore, comes in first part heard in Federal Court, where few ap- debating this rule today. The delibera- from my Republican colleagues’ deci- propriate legal remedies exist. In prac- tion of multiple, unrelated bills under sion to make this tax credit permanent tice, this measure will immunize com- a single rule is a disturbing trend that in what I view as a fiscally irrespon- mercial space companies from legal li- has ballooned under Republican leader- sible way. ability, even in cases of recklessness or ship and is one that threatens the very Mr. Speaker, my Republican friends intentional misconduct. foundation of the democratic process. have long touted themselves as the Also troubling, this bill provides tre- Forcing several pieces of legislation party of fiscal responsibility. For this mendous subsidies for insurance cov- into a single rule not only prevents reason, I find it a bit insincere that erage—and that is kind of interesting— Members of this Chamber from making they now seek to implement a tax cred- to protect wealthy recreational space- informed judgments about the proper it with no offsets for lost revenue. As a craft passengers. Why on earth, and floor procedure for each measure, but result, the Joint Committee on Tax- there is no pun intended here, are we it also leads to disjointed and often ation estimates that this bill would spending taxpayer dollars on individ- perplexing debates about an assort- add almost $182 billion to the deficit uals wealthy enough to travel into ment of unconnected issues. over the next 10 years. I have stated space for sport?

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.020 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3406 CONGRESSIONAL RECORD — HOUSE May 20, 2015 While it is uncontested that the and the oversight of the commercial have a long track record of supporting issues these bills seek to address are space industry, including title 2 of the the R&D tax credit. Indeed, I have important, the partisan way in which Space Resource Exploration and Utili- often been the author of legislation to they have been presented prevents a ro- zation Act—historic, bipartisan, bi- strengthen it. bust deliberation, and I therefore op- cameral legislation introduced with This debate, purely and simply, is pose both the rule and the underlying my colleague from the State of Wash- about fiscal responsibility, about tak- bills. ington, DEREK KILMER. ing one tax provision and making it I reserve the balance of my time, Mr. I appreciate the support H.R. 1508, in- permanent without paying one dime Speaker. corporated herein, has received from for it. Mr. STIVERS. Mr. Speaker, I would many members of the Committee on When former Chairman Camp un- like to respond to some of the com- Science, Space, and Technology and veiled a tax reform proposal last year, ments of the gentleman from Florida the thorough work and research of Sen- he undertook a comprehensive consid- and remind him that each bill will be ators PATTY MURRAY and MARCO RUBIO, eration of the more than 50 tax provi- separately debated and that, obviously, who introduced identical legislation in sions that expired at the end of last this combined rule is a floor time man- the United States Senate. year, but in a fiscally responsible man- agement technique that the chairman The SPACE Act also includes a provi- ner. sion which would streamline regula- of the Committee on Rules yesterday b 1315 said was an aberration. I take him at tions and encourage cooperation be- This bill does just the opposite. It his word; and I think it is important to tween government agencies’ commer- continues a helter-skelter approach to- note that, during Democratic majori- cial space activities to eliminate red ward tax extenders, without any regard ties, this was certainly not an unheard- tape and bureaucracy that are imped- whatsoever for paying the hundreds of of practice, either. ing development of America’s commer- billions of dollars they cost to make I do want to make sure that I reit- cial space industry. The Federal Aviation Administra- them permanent. erate that every bill will be separately Last year, Ways and Means Repub- debated; and I would remind the gen- tion, the Department of Defense, the National Aeronautics and Space Ad- licans passed 14 permanent extensions tleman that, during the time we have at a cost of $825 billion. They went no- to debate the rule, if we actually stick ministration, and other agencies are all involved in overseeing many com- where because the President has made to the topics related to the bills and clear his opposition to this approach. the rules, it will help us manage our mercial space launches, and sometimes there are duplicative measures that With this bill, this year’s price tag floor time even better. has reached $586.3 billion. It is particu- With that, I yield 5 minutes to the could be streamlined, cutting costs to both the Federal Government and com- larly glaring that the majority is pass- gentleman from Florida (Mr. POSEY). ing unpaid-for tax cuts the very same Mr. POSEY. I thank the gentleman mercial companies and making the United States companies more com- week that they once again put off a from Ohio for yielding. long-term extension of highway fund- Mr. Speaker, I rise today in support petitive in the global marketplace. ing because they are unable to find a of the rule and the underlying legisla- Let me add that this bill includes a provision requiring the FAA to provide revenue stream. tion. There is no lack of support for the Despite some of the comments we direction for space support vehicles, also known as experimental aircraft. R&D credit among us Democrats. It is have heard from across the aisle this the approach Republicans are taking morning, I remember my first 2 years, Unfortunately, for too long, the FAA has held off providing direction by that we oppose and strongly so. It is my first term here, and not one time means of a regulatory framework for fiscally irresponsible indeed, and it was I allowed to even file a single these endeavors to safely support the would leave behind vital provisions amendment to a single bill here. All United States commercial space en- that help hard-working American fami- the rules were closed, and it was run deavors. In Florida, there is such an lies, like the expansion of the earned like a king would run a kingdom, not a entity, approved by NASA and oper- income tax credit, the child tax credit, democratic republic. Here, today, I ating out of the Kennedy Space Center, and the American opportunity tax think the other side has already filed which the FAA grounded because they credit. seven amendments on one of these use experimental aircraft. This is a tes- We stand ready to work with the ma- bills. That is seven times more than I tament that FAA needs serious reform jority on tax reform and on a long- ever got to dream about filing when and needs to be brought into the 21st term extension of highway funding. To- you ran this place. century. day’s R&D bill is tax reform in reverse. Another great thing about this bill, In short, the SPACE Act is a critical It makes talk of fiscal responsibility you actually get to read it before we piece of legislation to the future of our hypocrisy and creates another big fi- pass it. We have done all our bills like commercial space industry, and it is nancial pothole standing in the way of that since we have taken control. You important to our space exploration ef- long-term highway funding. actually get to read the bills before forts as well. Vote ‘‘no’’ on this rule, and vote they are passed. When you all were in I thank my colleagues again for their ‘‘no’’ on the bill relating to R&D tax the majority, we had to pass them be- work on the SPACE Act and urge all credits. fore you read them. I think you re- Members to support the rule today and Mr. STIVERS. Mr. Speaker, I reserve member the famous quote. passage of this important legislation. the balance of my time. You refer to this as a grab bag. The The SPEAKER pro tempore (Mr. Mr. HASTINGS. Mr. Speaker, I yield only grab bag I see here is the litany of MARCHANT). Members are reminded to myself the balance of my time. totally unrelated subjects rattled off, direct their remarks to the Chair and Mr. Speaker, in closing, I stand as if they somehow related to this bill. not to other Members in the second steadfastly against not only the way in I mean, that doesn’t pass the straight person. which we have been conducting busi- face test. Mr. HASTINGS. Mr. Speaker, I yield ness with regard to the way we report Now to the bill. I would like to thank 3 minutes to the distinguished gen- out rules, but also to both underlying the majority leader, KEVIN MCCARTHY, tleman from Michigan (Mr. LEVIN), bills for their partisan posturing and and Chairman LAMAR SMITH for their who is the ranking member on the failure to address the important issues hard work on the SPACE Act. The Committee on Ways and Means and a facing the middle class in this country. SPACE Act will help ensure American good friend of mine. We cannot continue to provide tax leadership in space, facilitating the (Mr. LEVIN asked and was given per- credits without establishing a revenue growth and stability of the commercial mission to revise and extend his re- offset, enact tax policies that favor a space industry. This is an important, marks.) partisan agenda and push us further historic, and exciting piece of legisla- Mr. LEVIN. I thank Mr. HASTINGS for away from needed comprehensive tax tion. yielding me the time. reform, or offer legislative gifts to in- This legislation includes many im- Mr. Speaker, this debate is not about dustry giants at the expense of the portant provisions to update our laws support for the R&D credit. Democrats American public.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.021 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3407 Mr. Speaker, Memorial Day is next every stakeholder group. That is reflected in The Act ensures American leadership in Monday. If we defeat the previous ques- the broad support that this bill has received. space and fosters the development of ad- tion, I am going to offer an amendment From industry, to education groups, to vanced technologies. I urge my colleagues to to the rule to bring up Representative grassroots citizen advocacy groups, this bill support this Rule as well as the underlying bill, BROWNLEY’s Help Hire Our Heroes Act, has been praised by virtually every interested and I thank the Majority Leader once again for H.R. 607. party. his initiative on this legislation. H.R. 607 would reauthorize the Vet- The process to getting here was inclusive Ms. JACKSON LEE. Mr. Speaker, I rise to erans Retraining Assistance Program, and exhaustive. The Science, Space, and speak on the rule for H.R. 2262, the SPACE which expired in March 2014. That pro- Technology Committee held numerous hear- Act of 2015. gram paid for veterans to get training ings on the topic over the last three years. Article 1 Section 8 of the United States Con- for high-demand occupations, and dur- On November 19, 2013, the Committee held stitution states that ‘‘The Congress shall have ing its 3 years in existence, it helped a hearing on the commercial space industry. Power to promote the Progress of Science more than 76,000 veterans. On February 14, 2014, the Committee held a and useful Arts, by securing for limited Times Mr. Speaker, I ask unanimous con- hearing on updates to the Commercial Space to Authors and Inventors the exclusive Right sent to insert the text of the amend- Launch Act. On April 29, 2014, the Committee to their respective Writings and Discoveries ment in the RECORD, along with extra- held a hearing on the Federal Aviation Admin- . . .’’ neous material, immediately prior to istration’s (FAA) space traffic management It does not say that the Congress shall have the vote on the previous question. proposal and orbital debris. On February 27, the right to ignore. The SPEAKER pro tempore. Is there 2015, the Committee held a hearing on the The United States space program has ex- objection to the request of the gen- Commercial Crew program. isted for over half a century and my commit- tleman from Florida? Last October, staff formally submitted a draft ment to providing NASA with the resources to There was no objection. to the minority. Within the last two months, the carry the agency forward with its ambitious Mr. HASTINGS. Mr. Speaker, I urge majority and minority have worked to write agenda of research, exploration, and dis- my colleagues to vote ‘‘no’’ and defeat many of the provisions in the underlying bill. covery is unwavering. the previous question; vote ‘‘no’’ on the For instance, Section 101, which deals with NASA continues to push the boundaries of underlying bills. Consensus Standards, is the result of bipar- what is possible, keeping our Nation on the I yield back the balance of my time. tisan negotiations. The same can be said for forefront of innovation and exploration. Mr. STIVERS. Mr. Speaker, I yield Section 102, which calls for an update to the It is the responsibility of this Congress to ensure that the future of space exploration re- myself the balance of my time. maximum probable loss calculation under in- I appreciate the remarks of the gen- mains a part of our national destiny. demnification. It inspires our children to look to the stars tleman from Florida, but I would like Section 103, which pertains to Launch Vehi- and dream of what they too, one day, may to respond to a few of the comments. cle Flexibility, is identical to the bipartisan pro- achieve. The R&D tax credit has been over- vision sponsored by Senators HEINRICH and whelmingly supported for the last 16 The Jackson Lee Amendments made in RUBIO that easily passed the Senate Com- order by the Rules Committee are intended to extensions, the last time garnering 378 merce Committee last year by voice vote. votes. Only 46 Members voted against improve the Space Act. Section 104 clarifies the role of Government My amendments are simple and will im- the R&D tax credit. Astronauts and is almost identical to the provi- prove the bill. The R&D tax credit will be passed sion requested by the FAA and NASA. 1. Jackson Lee Amendments to H.R. 2262 again. In fact, the gentleman from The minority also played a role in writing This Jackson Lee Amendment Number 8, Michigan admitted, Mr. Speaker, that Section 108 on Orbital Traffic Management. the vast majority of Democrats will would facilitate the participation of HBCU, His- Section 109 on State Commercial Spaceports panic Serving Institutions, National Indian insti- vote to extend the R&D tax credit. In also addressed bipartisan requests. tutions, in fellowships, work-study and employ- fact, they will do it every year for the Section 111 on the Streamlining of Com- ment opportunities in the emerging commer- next 10 years, like they have the last mercial Space Launch Activities is similar to cial space industry. few years. When it is done every year, language already in the Senate’s bill, and Sec- My amendment would increase awareness they don’t insist it is paid for. tion 112 was the result of an amendment in among underrepresented groups in STEM em- If you will do it for 10 years in a row Committee that earned bipartisan support. ployment and education opportunities in the without paying for it—the entire budg- Title 2 of the bill focuses on Space Re- commercial space industry. et window—why don’t we just all cre- source Exploration and Utilization. As a stand- One of the most enduring difficulties faced ate some certainty for our businesses alone bill, it was the subject of a hearing last by underrepresented populations in the STEM so we can invest in high-tech jobs and September and it is cosponsored by both Re- field is a lack of awareness and understanding growing our economy, Mr. Speaker? publicans and Democrats. It even has a of the connection between STEM and employ- Let’s create certainty for the Amer- Democratic champion on the Senate side, ment opportunities. ican people. Let’s pass the bill. Let’s Senator MURRAY. In 2012, a survey found that despite the na- pass the rule. Let’s pass the previous Title 3 of the bill addresses Commercial Re- tion’s growing demand for more workers in question. mote Sensing and also benefits from bipar- science, technology, engineering, and math, I think, unfortunately, the argu- tisan co-sponsorship. When it was marked up the skills gap among the largest ethnic and ra- ments from the gentleman from Flor- in Committee last week, it enjoyed unanimous cial minorities groups remains stubbornly wide. ida, Mr. Speaker, really encourage cliff support. The same can be said of Title 4 of Blacks and Latinos account for only 7 per- politics—high-stakes, expiring legisla- the bill that pertains to the Office of Space cent, of the STEM workforce despite rep- tion that the American people don’t Commerce. resenting 28 percent of the U.S. population. want. The American people want us to At the Committee’s recent markup, eight 2. Jackson Lee Amendment on Minority and create certainty. They want us to sup- amendments to the provisions we are consid- Women Owned Businesses port jobs. They want us to support our ering today were adopted—three of which The Jackson Lee Amendment requires that technological innovation in this coun- were amendments offered by Democrats. provisions of the bill that address future legis- try, Mr. Speaker. The Rule before us today allows for consid- lation also lay the foundation for the commer- I would urge my colleagues to sup- eration of five Democratic amendments and cial space industry include work on how to ef- port the rule and support the under- two Republican amendments. The majority fectively conduct outreach to small business lying bills, Mr. Speaker. has gone out of its way to include the minority concerns owned and controlled by women and Mr. SMITH of Texas. Mr. Speaker, I support in this process. minorities. the Rule on H.R. 2262, the Spurring Private In fact, the Administration said in a state- I have worked hard to help small business Aerospace Competitiveness and Entrepreneur- ment that it, ‘‘does not oppose House passage owners to fully realize their potential. ship Act of 2015 (the SPACE Act of 2015). of the bill’’—a rarity for bills considered under That is why I support entrepreneurial devel- And I thank Majority Leader MCCARTHY for a Rule. opment programs, including the Small Busi- sponsoring this important legislation. The This bill facilitates a pro-growth environment ness Development Center and Women’s Busi- space community is well served having Leader for the developing commercial space industry ness Center programs. MCCARTHY as a champion. by encouraging private sector investment, cre- These initiatives provide counseling in a va- This bill is the product of over three years ating more stable and predictable regulatory riety of critical areas, including business plan of work. Congress solicited input from nearly conditions, and improving safety. development, finance, and marketing.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K20MY7.023 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3408 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Outreach is key to developing healthy and SEC. 7. Immediately upon adoption of this vious question on the rule. . . When the mo- diverse small businesses. resolution the Speaker shall, pursuant to tion for the previous question is defeated, There are approximately 6 million minority clause 2(b) of rule XVIII, declare the House control of the time passes to the Member owned businesses in the United States, rep- resolved into the Committee of the Whole who led the opposition to ordering the pre- House on the state of the Union for consider- vious question. That Member, because he resenting a significant aspect of our economy. ation of the bill (H.R. 607) to amend the VOW then controls the time, may offer an amend- According to the most recent available Cen- to Hire Heroes Act of 2011 to extend the Vet- ment to the rule, or yield for the purpose of sus data, minority owned businesses employ erans Retraining Assistant Program, and for amendment.’’ nearly 6 million Americans and generate $1 other purposes. General debate shall be con- In Deschler’s Procedure in the U.S. House trillion dollars in economic output. fined to the bill and shall not exceed one of Representatives, the subchapter titled Women owned businesses have increased hour equally divided and controlled by the ‘‘Amending Special Rules’’ states: ‘‘a refusal 20% between 2002 and 2007, and currently chair and ranking minority member of the to order the previous question on such a rule total close to 8 million. Committee on Veterans’ Affairs. After gen- [a special rule reported from the Committee My home city of Houston, Texas, the home eral debate the bill shall be considered for on Rules] opens the resolution to amend- of the Johnson Space Center, is also home to amendment under the five-minute rule. All ment and further debate.’’ (Chapter 21, sec- points of order against provisions in the bill tion 21.2) Section 21.3 continues: ‘‘Upon re- more than 60,000 women owned businesses, are waived. At the conclusion of consider- jection of the motion for the previous ques- and more than 60,000 African American ation of the bill for amendment the Com- tion on a resolution reported from the Com- owned businesses. mittee shall rise and report the bill to the mittee on Rules, control shifts to the Mem- Final Jackson Lee Amendment Seeks Fund- House with such amendments as may have ber leading the opposition to the previous ing To Continue Space Exploration R&D been adopted. The previous question shall be question, who may offer a proper amendment The taxpayer has invested in space explo- considered as ordered on the bill and amend- or motion and who controls the time for de- ration for decades. ments thereto to final passage without inter- bate thereon.’’ This investment is reaping benefits for the vening motion except one motion to recom- Clearly, the vote on the previous question mit with or without instructions. If the commercial space industry today. on a rule does have substantive policy impli- Committee of the Whole rises and reports cations. It is one of the only available tools 3. The Jackson Lee Amendment not included that it has come to no resolution on the bill, for those who oppose the Republican major- in the Rule would have provided revenue then on the next legislative day the House ity’s agenda and allows those with alter- for research and development work to shall, immediately after the third daily native views the opportunity to offer an al- continue on challenges that hinder order of business under clause 1 of rule XIV, ternative plan. manned and unmanned space flight. resolve into the Committee of the Whole for Many of the startup companies entering the further consideration of the bill. Mr. STIVERS. Mr. Speaker, I yield space industry have few resources to dedicate Sec. 8. Clause 1(c) of rule XIX shall not back the balance of my time, and I to basic research. apply to the consideration of H.R. 607. move the previous question on the res- There are still critical areas of research that olution. must be done to make space flight as safe as THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The commercial transportation systems are today. IT REALLY MEANS question is on ordering the previous Although commercial transportation is not This vote, the vote on whether to order the question. 100 percent without risk, it is much safer than previous question on a special rule, is not The question was taken; and the merely a procedural vote. A vote against or- Speaker pro tempore announced that it would have been without dedicated and fo- dering the previous question is a vote cused basic and applied research to address against the Republican majority agenda and the ayes appeared to have it. safety issues. a vote to allow the Democratic minority to Mr. HASTINGS. Mr. Speaker, on that While the government supports the aspira- offer an alternative plan. It is a vote about I demand the yeas and nays. tions of companies large and small to become what the House should be debating. The yeas and nays were ordered. part of the commercial space industry, it Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- should still be the responsibility of NASA to House of Representatives (VI, 308–311), de- ant to clause 9 of rule XX, the Chair scribes the vote on the previous question on pursue research that can save lives and im- will reduce to 5 minutes the minimum prove space travel. the rule as ‘‘a motion to direct or control the consideration of the subject before the House time for any electronic vote on the If the future we envision is one where thou- being made by the Member in charge.’’ To question of adoption of the resolution. sands of businesses will benefit from commer- defeat the previous question is to give the The vote was taken by electronic de- cial and government space exploration and in- opposition a chance to decide the subject be- vice, and there were—yeas 241, nays vestment efforts then investing today in tomor- fore the House. Cannon cites the Speaker’s 183, not voting 8, as follows: row’s economy makes good sense. ruling of January 13, 1920, to the effect that [Roll No. 250] Although I believe the Jackson Lee Amend- ‘‘the refusal of the House to sustain the de- ments will improve the Bill, there exist mand for the previous question passes the YEAS—241 troubling aspects of the bill: control of the resolution to the opposition’’ Abraham Cole Garrett First, it is regrettable that the SPACE Act in order to offer an amendment. On March Aderholt Collins (GA) Gibbs 15, 1909, a member of the majority party of- Allen Collins (NY) Gibson will restrict the ‘‘learning period’’ of the Federal fered a rule resolution. The House defeated Amash Comstock Gohmert Aviation Administration (FAA) regulation of the previous question and a member of the Amodei Conaway Goodlatte spacecraft. Babin Cook Gosar opposition rose to a parliamentary inquiry, Barletta Costello (PA) Gowdy This learning period should be extended for asking who was entitled to recognition. Barr Cramer Granger a shorter period than the ten-year extension Speaker Joseph G. Cannon (R-Illinois) said: Barton Crawford Graves (GA) through 2025 included in the bill. ‘‘The previous question having been refused, Benishek Crenshaw Graves (LA) Second, a voluntary industry consensus the gentleman from New York, Mr. Fitz- Bilirakis Culberson Graves (MO) standard would provide a strategy that im- gerald, who had asked the gentleman to Bishop (MI) Davis, Rodney Griffith yield to him for an amendment, is entitled to Bishop (UT) Denham Grothman proves the overall safety of the industry as op- Black Dent Guinta the first recognition.’’ Blackburn DeSantis Guthrie posed to performance-based regulations. The Republican majority may say ‘‘the Finally, I have concerns about the ability of Blum DesJarlais Hanna vote on the previous question is simply a Bost Diaz-Balart Hardy U.S. companies to move forward with innova- vote on whether to proceed to an immediate Boustany Dold Harper tive space initiatives without authority to en- vote on adopting the resolution . . . [and] Brady (TX) Duffy Harris sure continuing supervision of these initiatives has no substantive legislative or policy im- Brat Duncan (SC) Hartzler plications whatsoever.’’ But that is not what Bridenstine Duncan (TN) Heck (NV) as delineated in the Outer Space Treaty. Brooks (AL) Ellmers (NC) Hensarling Thus, I hope we can all work together in ad- they have always said. Listen to the Repub- Brooks (IN) Emmer (MN) Herrera Beutler dressing these troubling aspects of the bill. lican Leadership Manual on the Legislative Buchanan Farenthold Hice, Jody B. I ask my colleagues to vote for the Jackson Process in the United States House of Rep- Buck Fincher Hill resentatives, (6th edition, page 135). Here’s Bucshon Fitzpatrick Holding Lee Amendments. Burgess Fleischmann Hudson The material previously referred to how the Republicans describe the previous question vote in their own manual: ‘‘Al- Byrne Fleming Huelskamp by Mr. HASTINGS is as follows: though it is generally not possible to amend Calvert Flores Huizenga (MI) AN AMENDMENT TO H. RES. 273 OFFERED BY Carter (GA) Forbes Hultgren the rule because the majority Member con- Carter (TX) Fortenberry Hunter MR. HASTINGS OF FLORIDA trolling the time will not yield for the pur- Chabot Foxx Hurd (TX) At the end of the resolution, add the fol- pose of offering an amendment, the same re- Clawson (FL) Franks (AZ) Hurt (VA) lowing new sections: sult may be achieved by voting down the pre- Coffman Frelinghuysen Issa

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.014 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3409 Jenkins (KS) Mullin Scott, Austin Rush Sherman Torres jumped on their bicycles, and rode Jenkins (WV) Mulvaney Sensenbrenner Ryan (OH) Sinema Van Hollen down to assist all those in the hospital, Johnson (OH) Murphy (PA) Sessions Sa´ nchez, Linda Sires Vargas Johnson, Sam Neugebauer Shimkus T. Slaughter Veasey whether it be by pushing a gurney or Jolly Newhouse Shuster Sanchez, Loretta Smith (WA) Vela whether it would be consoling a family Jones Noem Simpson Sarbanes Speier Vela´ zquez member or putting a family member Schakowsky Swalwell (CA) Visclosky Jordan Nugent Smith (MO) with a loved one. Joyce Nunes Smith (NE) Schiff Takai Walz Katko Olson Smith (NJ) Schrader Takano Waters, Maxine And the neighbors, the neighbors ran Kelly (PA) Palazzo Smith (TX) Scott (VA) Thompson (CA) Watson Coleman out—again, in total darkness. There King (IA) Palmer Stefanik Scott, David Thompson (MS) Welch were 200 people-plus injured. Neighbors King (NY) Paulsen Serrano Titus Wilson (FL) Stewart ran through, helping out through all Kinzinger (IL) Pearce Stivers Sewell (AL) Tonko Yarmuth Kline Perry the soot, picking them up, pulling Stutzman NOT VOTING—8 Knight Pittenger Thompson (PA) them out of the trains, bringing them Labrador Pitts Thornberry Capps Donovan Tsongas into their house, bringing out water, LaMalfa Poe (TX) Tiberi Chaffetz Frankel (FL) Wasserman Lamborn Poliquin going to a local store and buying Tipton Curbelo (FL) Larsen (WA) Schultz Lance Pompeo Trott water, bringing towels, wiping them Latta Posey b 1349 Turner down. LoBiondo Price, Tom Upton Messrs. BEN RAY LUJA´ N of New Long Ratcliffe One person said: Valadao Loudermilk Reed Mexico, TAKAI, and RUSH changed Wagner I am sorry I am in your home. I am full of Love Reichert their vote from ‘‘yea’’ to ‘‘nay.’’ soot, and I am dirtying your rug and your Lucas Renacci Walberg Walden So the previous question was ordered. couch. Luetkemeyer Ribble The result of the vote was announced Lummis Rice (SC) Walker And in response, the lady said: Walorski as above recorded. MacArthur Rigell That is okay. We can buy more couches, Marchant Roby Walters, Mimi Stated against: and we can buy more things, more whatever Marino Roe (TN) Weber (TX) Ms. FRANKEL of Florida. Mr. Speaker, on Massie Rogers (AL) Webster (FL) we need to buy. But you can’t buy your McCarthy Rogers (KY) Wenstrup rollcall vote 250, I was not present because I health back. So we want to be here to be able McCaul Rohrabacher Westerman was unavoidably detained. Had I been to help you in the best way we can. Westmoreland McClintock Rokita present, I would have voted ‘‘nay.’’ I am honored to be standing here McHenry Rooney (FL) Whitfield (By unanimous consent, Mr. BRADY McKinley Ros-Lehtinen Williams with my colleagues from Pennsylvania McMorris Roskam Wilson (SC) of Pennsylvania was allowed to speak and some others from throughout the Rodgers Ross Wittman out of order.) Womack country. Some lost a loved one. McSally Rothfus MOMENT OF SILENCE FOR THOSE LOST IN THE Meadows Rouzer Woodall I am extremely proud to recognize PHILADELPHIA TRAIN DERAILMENT Meehan Royce Yoder Chairman JEFF DENHAM and Ranking Messer Russell Yoho Mr. BRADY of Pennsylvania. Mr. Member MIKE CAPUANO, who assisted Young (AK) Mica Ryan (WI) Speaker, on Tuesday, May 12, we had a me and toured the site with me. I ap- Miller (FL) Salmon Young (IA) horrific train derailment crash in the Miller (MI) Sanford Young (IN) preciate their concern, and I appreciate Moolenaar Scalise Zeldin city of Philadelphia. So first off, our them being there. Mooney (WV) Schweikert Zinke thoughts and prayers are with the So, Mr. Speaker, the best way we can eight men and women who lost their NAYS—183 honor these men and women is to make lives and the over 200 who were injured. sure this accident never again happens Adams Dingell Levin I have never been more proud of the in the United States of America. Aguilar Doggett Lewis men and women who live and work in Ashford Doyle, Michael Lieu, Ted With that, I ask for a moment of si- Bass F. Lipinski the city of Philadelphia, the city of lence. Beatty Duckworth Loebsack brotherly love and sisterly affection. The SPEAKER pro tempore. Without Becerra Edwards Lofgren We had this major catastrophe at 9:15 Bera Ellison Lowenthal objection, 5-minute voting will con- Beyer Engel Lowey at night. Within 4 minutes, our first re- tinue. Bishop (GA) Eshoo Lujan Grisham sponders—our police, our fire, Police There was no objection. Blumenauer Esty (NM) Commissioner Ramsey, Fire Commis- The SPEAKER pro tempore. The Bonamici Farr Luja´ n, Ben Ray sioner Sawyer—were on the scene. Boyle, Brendan Fattah (NM) question is on the resolution. F. Foster Lynch The scene was in total darkness, and The question was taken; and the Brady (PA) Fudge Maloney, we had volunteers from the neighbor- Brown (FL) Gabbard Carolyn Speaker pro tempore announced that hood who even joined in. Imagine, total the ayes appeared to have it. Brownley (CA) Gallego Maloney, Sean darkness. The only light was flash- Bustos Garamendi Matsui RECORDED VOTE Butterfield Graham McCollum lights flashing back and forth. Capuano Grayson McDermott I stand here as proud as I could be of Mr. HASTINGS. Mr. Speaker, I de- Ca´ rdenas Green, Al McGovern the mayor of the city of Philadelphia, mand a recorded vote. Carney Green, Gene McNerney Michael Nutter, who, from Tuesday A recorded vote was ordered. Carson (IN) Grijalva Meeks The SPEAKER pro tempore. This is a Cartwright Gutie´rrez Meng until Sunday, was on that scene con- Castor (FL) Hahn Moore stantly, orchestrating the administra- 5-minute vote. Castro (TX) Hastings Moulton tion people, moving them around, con- The vote was taken by electronic de- Chu, Judy Heck (WA) Murphy (FL) vice, and there were—ayes 240, noes 185, Cicilline Higgins Nadler soling families, making sure that all Clark (MA) Himes Napolitano were accounted for, and even making not voting 7, as follows: Clarke (NY) Hinojosa Neal sure that their belongings were given [Roll No. 251] Clay Honda Nolan Cleaver Hoyer Norcross back to them. AYES—240 Clyburn Huffman O’Rourke I can’t be more proud of our hospitals Abraham Bridenstine Cook Cohen Israel Pallone and our universities. Universities Aderholt Brooks (AL) Costello (PA) Connolly Jackson Lee Pascrell Allen Brooks (IN) Cramer Conyers Jeffries Payne opened their doors for loved ones to Amodei Buchanan Crawford Cooper Johnson (GA) Pelosi come. And our hospitals, the doctors, Babin Buck Crenshaw Costa Johnson, E. B. Perlmutter nurses, all the men and women who Barletta Bucshon Culberson Courtney Kaptur Peters worked there—there were doctors who Barr Burgess Curbelo (FL) Crowley Keating Peterson Barton Byrne Davis, Rodney Cuellar Kelly (IL) Pingree worked 30 hours and went back home Benishek Calvert Denham Cummings Kennedy Pocan and couldn’t sleep and came back to Bilirakis Carter (GA) Dent Davis (CA) Kildee Polis work another 12 hours. Bishop (MI) Carter (TX) DeSantis Davis, Danny Kilmer Price (NC) Bishop (UT) Chabot DesJarlais DeFazio Kind Quigley But most importantly, two things Black Clawson (FL) Diaz-Balart DeGette Kirkpatrick Rangel really struck me. Temple University Blackburn Coffman Dold Delaney Kuster Rice (NY) Hospital in the city of Philadelphia had Blum Cole Duffy DeLauro Langevin Richmond a lot of the injured people admitted to Bost Collins (GA) Duncan (SC) DelBene Larson (CT) Roybal-Allard Boustany Collins (NY) Duncan (TN) DeSaulnier Lawrence Ruiz their hospital. The students who go to Brady (TX) Comstock Ellmers (NC) Deutch Lee Ruppersberger Temple University heard about it, Brat Conaway Emmer (MN)

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.006 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3410 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Farenthold Lamborn Rooney (FL) Loebsack Pallone Scott, David ceeds 50 percent of the average basic re- Fincher Lance Ros-Lehtinen Lofgren Pascrell Serrano search payments for the 3 taxable years pre- Fitzpatrick Latta Roskam Lowenthal Payne Sewell (AL) ceding the taxable year for which the credit Lowey Pelosi Fleischmann LoBiondo Ross Sherman is being determined, plus Fleming Long Lujan Grisham Perlmutter Rothfus Sires ‘‘(3) 20 percent of the amounts paid or in- Flores Loudermilk Rouzer (NM) Peters Slaughter Forbes Love Royce Luja´ n, Ben Ray Peterson Smith (WA) curred by the taxpayer in carrying on any Fortenberry Lucas Russell (NM) Pingree Speier trade or business of the taxpayer during the Foxx Luetkemeyer Ryan (WI) Lynch Pocan Swalwell (CA) taxable year (including as contributions) to Franks (AZ) Lummis Salmon Maloney, Polis Takai an energy research consortium for energy re- Carolyn Price (NC) Frelinghuysen MacArthur Sanford Takano search.’’. Maloney, Sean Quigley Garrett Marchant Scalise Thompson (CA) (b) REPEAL OF TERMINATION.—Section 41 of Gibbs Marino Massie Rangel Schweikert Thompson (MS) such Code is amended by striking subsection Gibson McCarthy Matsui Ribble Scott, Austin Titus Gohmert McCaul McCollum Rice (NY) (h). Sensenbrenner Tonko Goodlatte McClintock McDermott Richmond (c) CREDIT ALLOWED AGAINST ALTERNATIVE Gosar McHenry Sessions McGovern Roybal-Allard Torres MINIMUM TAX IN CASE OF ELIGIBLE SMALL Gowdy McKinley Shimkus McNerney Ruiz Van Hollen BUSINESS.—Section 38(c)(4)(B) of such Code is Granger McMorris Shuster Meeks Ruppersberger Vargas amended by redesignating clauses (ii) Graves (GA) Rodgers Simpson Meng Rush Veasey through (ix) as clauses (iii) through (x), re- Graves (LA) McSally Sinema Moore Ryan (OH) Vela spectively, and by inserting after clause (i) Vela´ zquez Graves (MO) Meadows Smith (MO) Moulton Sa´ nchez, Linda the following new clause: Smith (NE) Visclosky Griffith Meehan Murphy (FL) T. ‘‘(ii) the credit determined under section 41 Grothman Messer Smith (NJ) Nadler Sanchez, Loretta Walz Guinta Mica Smith (TX) Napolitano Sarbanes Waters, Maxine for the taxable year with respect to an eligi- Guthrie Miller (FL) Stefanik Neal Schakowsky Watson Coleman ble small business (as defined in paragraph Hanna Miller (MI) Stewart Nolan Schiff Welch (5)(C), after application of rules similar to Hardy Moolenaar Stivers Norcross Schrader Wilson (FL) the rules of paragraph (5)(D)),’’. Harper Mooney (WV) Stutzman O’Rourke Scott (VA) Yarmuth (d) CONFORMING AMENDMENTS.— Harris Mullin Thompson (PA) NOT VOTING—7 (1) Section 41(c) of such Code is amended to Hartzler Mulvaney Thornberry read as follows: Heck (NV) Murphy (PA) Tiberi Capps Donovan Wasserman ‘‘(c) DETERMINATION OF AVERAGE RESEARCH Hensarling Neugebauer Chaffetz Hastings Schultz Tipton EXPENSES FOR PRIOR YEARS.— Herrera Beutler Newhouse Trott Deutch Tsongas ‘‘(1) SPECIAL RULE IN CASE OF NO QUALIFIED Hice, Jody B. Noem Turner 1402 RESEARCH EXPENDITURES IN ANY OF 3 PRE- Hill Nugent Upton b Holding Nunes Valadao So the resolution was agreed to. CEDING TAXABLE YEARS.—In any case in Hudson Olson Wagner The result of the vote was announced which the taxpayer has no qualified research Huelskamp Palazzo Walberg expenses in any one of the 3 taxable years Huizenga (MI) Palmer Walden as above recorded. preceding the taxable year for which the Hultgren Paulsen Walker A motion to reconsider was laid on credit is being determined, the amount de- Hunter Pearce Walorski the table. Hurd (TX) Perry termined under subsection (a)(1) for such Walters, Mimi Hurt (VA) Pittenger f taxable year shall be equal to 10 percent of Weber (TX) Issa Pitts the qualified research expenses for the tax- Webster (FL) Jenkins (KS) Poe (TX) AMERICAN RESEARCH AND able year. Wenstrup Jenkins (WV) Poliquin COMPETITIVENESS ACT OF 2015 ‘‘(2) CONSISTENT TREATMENT OF EXPENSES.— Johnson (OH) Pompeo Westerman Westmoreland Mr. RYAN of Wisconsin. Mr. Speaker, ‘‘(A) IN GENERAL.—Notwithstanding wheth- Johnson, Sam Posey er the period for filing a claim for credit or Jolly Price, Tom Whitfield pursuant to House Resolution 273, I Jordan Ratcliffe Williams call up the bill (H.R. 880) to amend the refund has expired for any taxable year Wilson (SC) taken into account in determining the aver- Joyce Reed Internal Revenue Code of 1986 to sim- Katko Reichert Wittman age qualified research expenses, or average Kelly (PA) Renacci Womack plify and make permanent the research basic research payments, taken into account King (IA) Rice (SC) Woodall credit, and ask for its immediate con- under subsection (a), the qualified research King (NY) Rigell Yoder sideration in the House. expenses and basic research payments taken Yoho Kinzinger (IL) Roby into account in determining such averages Kline Roe (TN) Young (AK) The Clerk read the title of the bill. Knight Rogers (AL) Young (IA) The SPEAKER pro tempore (Mr. COL- shall be determined on a basis consistent Kuster Rogers (KY) Young (IN) LINS of Georgia). Pursuant to House with the determination of qualified research Labrador Rohrabacher Zeldin Resolution 273, the amendment in the expenses and basic research payments, re- LaMalfa Rokita Zinke nature of a substitute recommended by spectively, for the credit year. ‘‘(B) PREVENTION OF DISTORTIONS.—The NOES—185 the Committee on Ways and Means, Secretary may prescribe regulations to pre- Adams Conyers Green, Al modified by the amendment printed in vent distortions in calculating a taxpayer’s Aguilar Cooper Green, Gene part B of House Report 114–127, is qualified research expenses or basic research Amash Costa Grijalva adopted, and the bill, as amended, is payments caused by a change in accounting Ashford Courtney Gutie´rrez considered read. methods used by such taxpayer between the Bass Crowley Hahn current year and a year taken into account Beatty Cuellar Heck (WA) The text of the bill, as amended, is as Becerra Cummings Higgins follows: in determining the average qualified re- search expenses or average basic research Bera Davis (CA) Himes H.R. 880 Beyer Davis, Danny Hinojosa payments taken into account under sub- Bishop (GA) DeFazio Honda Be it enacted by the Senate and House of Rep- section (a).’’. Blumenauer DeGette Hoyer resentatives of the United States of America in (2) Section 41(e) of such Code is amended— Bonamici Delaney Huffman Congress assembled, (A) by striking all that precedes paragraph Boyle, Brendan DeLauro Israel SECTION 1. SHORT TITLE. (6) and inserting the following: F. DelBene Jackson Lee This Act may be cited as the ‘‘American ‘‘(e) BASIC RESEARCH PAYMENTS.—For pur- Brady (PA) DeSaulnier Jeffries Brown (FL) Dingell Johnson (GA) Research and Competitiveness Act of 2015’’. poses of this section— Brownley (CA) Doggett Johnson, E. B. SEC. 2. RESEARCH CREDIT SIMPLIFIED AND ‘‘(1) IN GENERAL.—The term ‘basic research Bustos Doyle, Michael Jones MADE PERMANENT. payment’ means, with respect to any taxable Butterfield F. Kaptur (a) IN GENERAL.—Section 41(a) of the Inter- year, any amount paid in cash during such Capuano Duckworth Keating nal Revenue Code of 1986 is amended to read taxable year by a corporation to any quali- Ca´ rdenas Edwards Kelly (IL) as follows: fied organization for basic research but only Carney Ellison Kennedy ‘‘(a) IN GENERAL.—For purposes of section if— Carson (IN) Engel Kildee Cartwright Eshoo Kilmer 38, the research credit determined under this ‘‘(A) such payment is pursuant to a written Castor (FL) Esty Kind section for the taxable year shall be an agreement between such corporation and Castro (TX) Farr Kirkpatrick amount equal to the sum of— such qualified organization, and Chu, Judy Fattah Langevin ‘‘(1) 20 percent of so much of the qualified ‘‘(B) such basic research is to be performed Cicilline Foster Larsen (WA) research expenses for the taxable year as ex- by such qualified organization. Clark (MA) Frankel (FL) Larson (CT) ceeds 50 percent of the average qualified re- ‘‘(2) EXCEPTION TO REQUIREMENT THAT RE- Clarke (NY) Fudge Lawrence search expenses for the 3 taxable years pre- SEARCH BE PERFORMED BY THE ORGANIZA- Clay Gabbard Lee Cleaver Gallego Levin ceding the taxable year for which the credit TION.—In the case of a qualified organization Clyburn Garamendi Lewis is being determined, described in subparagraph (C) or (D) of para- Cohen Graham Lieu, Ted ‘‘(2) 20 percent of so much of the basic re- graph (3), subparagraph (B) of paragraph (1) Connolly Grayson Lipinski search payments for the taxable year as ex- shall not apply.’’,

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.009 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3411 (B) by redesignating paragraphs (6) and (7) bers may have 5 legislative days within There was no objection. as paragraphs (3) and (4), respectively, and which to revise and extend their re- Mr. RYAN of Wisconsin. With that, (C) in paragraph (4), as so redesignated, by marks and include extraneous material Mr. Speaker, I reserve the balance of striking subparagraphs (B) and (C) and by re- on H.R. 880, the American Research and designating subparagraphs (D) and (E) as my time. subparagraphs (B) and (C), respectively. Competitiveness Act of 2015. Mr. THOMPSON of California. Mr. (3) Section 41(f)(3) of such Code is amend- The SPEAKER pro tempore. Is there Speaker, I yield myself such time as I ed— objection to the request of the gen- may consume. (A)(i) by striking ‘‘, and the gross receipts’’ tleman from Wisconsin? Mr. Speaker, I just want to start by in subparagraph (A)(i) and all that follows There was no objection. clarifying one thing. My friend from through ‘‘determined under clause (iii)’’, Mr. RYAN of Wisconsin. Mr. Speaker, Wisconsin talked about what it means (ii) by striking clause (iii) of subparagraph I yield myself such time as I may con- (A) and redesignating clauses (iv), (v), and when you say ‘‘paid for.’’ What it sume. means when you say ‘‘paid for’’ is you (vi), thereof, as clauses (iii), (iv), and (v), re- Mr. Speaker, this is really simple. We spectively, pay for the bill. There is a certain cost have had the research and development (iii) by striking ‘‘and (iv)’’ each place it ap- associated with any legislation that we pears in subparagraph (A)(iv) (as so redesig- tax credit in law since 1981. It has peri- do, and if we don’t pay for it, then it is nated) and inserting ‘‘and (iii)’’, odic expirations in it. Every time the added on to our deficits. So when we (iv) by striking subclause (IV) of subpara- law expires, we renew the law. Why? raise concerns about whether or not graph (A)(iv) (as so redesignated), by strik- Because we think this is a good policy, this tax bill or any other bill that ing ‘‘, and’’ at the end of subparagraph and on a bipartisan basis our votes comes to the floor for debate is paid (A)(iv)(III) (as so redesignated) and inserting have always reflected that. a period, and by adding ‘‘and’’ at the end of for, the concerns that we are raising We believe that since we renew this are in direct correlation to the fact subparagraph (A)(iv)(II) (as so redesignated), specifically 1 year at a time, it does (v) by striking ‘‘(A)(vi)’’ in subparagraph that it needs to be paid for, not it (B) and inserting ‘‘(A)(v)’’, not do very well in giving businesses needs to be added to the deficit or it (vi) by striking ‘‘(A)(iv)(II)’’ in subpara- the time to plan and the ability to con- needs to be added to our national debt. sider long-term investments. They graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, There is no debate on the issue of the (B) by striking ‘‘, and the gross receipts of need certainty. One of the problems merits of the R&D credit. A majority the predecessor,’’ in subparagraph (A)(iv)(II) plaguing this economy is the lack of of my Democratic colleagues and I, (as so redesignated), certainty. So what this bill does is it too, believe in and support the R&D (C) by striking ‘‘, and the gross receipts makes it permanent. This is something credit. It has proven to facilitate ad- of,’’ in subparagraph (B), that we think ought to be a permanent (D) by striking ‘‘, or gross receipts of,’’ in vancements in new technologies, feature of our Tax Code. subparagraph (B)(i)(I), and sparked new innovations, and creates Mr. Speaker, one of the arguments (E) by striking subparagraph (C) and in- good-paying jobs for hard-working you are going to hear is, well, this has serting the following new subparagraph: Americans, and it benefits hard-work- ‘‘(C) ADJUSTMENTS FOR BASIC RESEARCH to be paid for. I want people to under- ing American families. And it is crit- PAYMENTS.—In the case of basic research stand what that means when people say ical to helping U.S. companies inno- payments, rules similar to the rules of sub- that. They are saying that to keep vate and compete in a global market- paragraph (A) and (B) shall apply.’’. taxes where they are, we need to go place. (4) Section 41(f)(4) of such Code is amended raise them on other people. To put it by striking ‘‘and gross receipts’’ and insert- another way, the minority is telling us However, what we do object to is the ing ‘‘and basic research payments’’. approach by which this is being done. (5) Section 45C(b)(1) of such Code is amend- they want a permanent extension of tax credits from the stimulus bill As I said, it is unpaid for, and it is out- ed by striking subparagraph (D). side of tax reform. (6) Section 45C(c)(2) of such Code is amend- which was temporary, but they are say- ed— ing if we make permanent provisions Last year, the previous chairman of (A) by striking ‘‘base period research ex- that have bipartisan support that are the Ways and Means Committee, Chair- penses’’ and inserting ‘‘average qualified re- extended on an annual basis, if we man Camp, unveiled a tax reform pro- search expenses’’, and make them permanent, all of a sudden posal that made the R&D credit perma- (B) by striking ‘‘BASE PERIOD RESEARCH EX- we have to go raise taxes on some nent; but the cost of the provision was PENSES’’ in the heading and inserting ‘‘AVER- other hard-working Americans just to paid for. He did it responsibly. It was AGE QUALIFIED RESEARCH EXPENSES’’. responsibly offset. This bill, like all (7) Section 280C(c) of such Code is amend- keep these taxes in place. ed— I think that is incorrect. We don’t the other individual tax bills we have (A) by striking ‘‘basic research expenses think it jibes with reality. More impor- considered thus far this year, does not (as defined in section 41(e)(2))’’ in paragraph tantly, we think it is very important, pay for any of them; it does just the (1) and inserting ‘‘basic research payments to help unleash job creation, to keep opposite. It continues a helter-skelter (as defined in section 41(e)(1))’’, and research and development jobs in approach toward tax extenders without (B) by striking ‘‘basic research expenses’’ America, that we make the research any regard for paying the hundreds of in paragraph (2)(B) and inserting ‘‘basic re- and development tax credit permanent. billions of dollars it costs to make search payments’’. them permanent. Moreover, it poisons (e) EFFECTIVE DATE.— PERMISSION TO POSTPONE PROCEEDINGS ON (1) IN GENERAL.—Except as provided in MOTION TO RECOMMIT the bipartisan process that is going to paragraph (2), the amendments made by this Mr. RYAN of Wisconsin. Mr. Speaker, be critical if we are, in fact, going to section shall apply to taxable years begin- I ask unanimous consent that the ques- get tax reform done. ning after December 31, 2014. tion of adopting a motion to recommit This political exercise that we are (2) SUBSECTION (b).—The amendment made on H.R. 880 may be subject to postpone- doing today shows the misplaced prior- by subsection (b) shall apply to amounts paid ment as though under clause 8 of rule ities of my colleagues on the other side or incurred after December 31, 2014. of the aisle. Not only did they recently SEC. 3 BUDGETARY EFFECTS. XX. The budgetary effects of this Act shall not The SPEAKER pro tempore. Is there vote to raise taxes and cut programs be entered on either PAYGO scorecard main- objection to the request of the gen- for millions of hardworking American tained pursuant to section 4(d) of the Statu- tleman from Wisconsin? families in their budget resolution, tory Pay-As-You-Go Act of 2010. There was no objection. they are also leaving behind important The SPEAKER pro tempore. The gen- Mr. RYAN of Wisconsin. Mr. Speaker, provisions to help them, like the ex- tleman from Wisconsin (Mr. RYAN) and at this time, I ask unanimous consent pansion of the earned income tax cred- the gentleman from California (Mr. that the gentleman from Texas (Mr. it, the child tax credit, and the Amer- THOMPSON) each will control 30 min- BRADY), the author of H.R. 880 and a ican opportunity tax credit. utes. Ways and Means Committee member, When it comes to corporations and The Chair recognizes the gentleman manage and control the remaining the wealthy, cost doesn’t seem to be a from Wisconsin. time for the majority. problem. Yet programs vital to the GENERAL LEAVE The SPEAKER pro tempore. Is there well-being of hard-working families Mr. RYAN of Wisconsin. Mr. Speaker, objection to the request of the gen- and communities are significantly cut I ask unanimous consent that all Mem- tleman from Wisconsin? or done away with.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.010 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3412 CONGRESSIONAL RECORD — HOUSE May 20, 2015 What is particularly glaring is that JOHN LARSON, a Democrat from Con- we dare not talk about tax reform, we can’t even pass a long-term trans- necticut. The House passed this provi- well, I don’t think we want to play this portation bill, which is, by far, more sion with a strong bipartisan vote last political game. important to our national security, our year. What we do want to do—and I want economic growth, and our competitive- While the economy is improving, to agree with the majority—research ness. The reason we can’t pass it is be- there are millions of Americans still and development is what keeps Amer- cause the majority is unable to find a looking for full-time work and millions ica competitive. It should not be way to pay for it. more middle class families whose pay- played with. It should not be Yet here we are taking up a bill that checks have been stagnant for years. If politicalized. It should be a part of the costs $181 billion. Add that to the other we want a permanently strong econ- tax reform bill. unpaid-for tax cut bills that this body omy, we need a permanent research If you can’t do it when you have con- has already passed this year, and we and development tax credit. trol of the Finance Committee in the will have added $586 billion to the def- The time for excuses is over. Stand Senate and refuse to do it when you are icit. That is almost half a trillion dol- with innovation in America or stand in charge of the Ways and Means Com- lars. That is over half a trillion dollars. with China and other countries with mittee and have a President that is And what do we have to show for it? the R&D being shipped to the rest of calling out for overall comprehensive The President has already said that he the world. I say we stand with Amer- fairness and equity and tax reform, it is painful to see how the eloquence of is going to veto this bill, so what is the ica, our innovators, our college grad- love for this country can be distorted point? Why are we wasting the time uates, and our businesses. by having votes on legislation that we and expense of debating this? It is I reserve the balance of my time. know is never to become law. going to be vetoed anyway. Mr. THOMPSON of California. Mr. What we should be doing is working I say, as I take my seat, I am not giv- Speaker, I yield 3 minutes to the gen- ing up on tax reform. I hope that the together to pass legislation that is tleman from New York (Mr. RANGEL), vital to every congressional district’s Republicans come together and have a former chair of the committee and a meaningful bill not for our committee, long-term transportation bill and com- strong proponent of responsible tax prehensive tax reform. but for our conscience. policy. Mr. BRADY of Texas. Mr. Speaker, I Mr. Speaker, we stand ready to work Mr. RANGEL. Mr. Speaker, I was lis- with the majority on these important yield myself 15 seconds. tening to the eloquent words of my things. Today’s bill just takes us fur- The President has threatened to veto friend from Texas about the impor- ther away from that goal. Therefore, I this bill. The question is clear: Why is tance of research and development, and ask that we vote ‘‘no’’ on this bill and the President standing for those who I can’t think of any member on our make sure we vote for America. would ship jobs overseas? Why isn’t he I reserve the balance of my time. committee that could not agree with standing with Republicans and Demo- Mr. BRADY of Texas. Mr. Speaker, I him more. crats in Congress in this House to keep yield myself such time as I may con- b 1415 those jobs in research here in America? I yield 2 minutes to the gentleman sume. While he was eloquently speaking When it comes to research and devel- from North Carolina (Mr. HOLDING), a about how important it was to our opment initiatives, America is rapidly new member of the Ways and Means great Nation, I was even thinking falling behind our global competitors. Committee, who understands research about our trade bill if this is packaged Unless the U.S. remains the world’s and development in the Triangle of in such a way that we would have our leading innovator, our economy will North Carolina. workforce with the backup of research suffer while middle class families and Mr. HOLDING. Mr. Speaker, I want and development, a trade bill that to thank Chairman BRADY for offering talented college graduates will see jobs this important piece of legislation. and opportunities lost to foreign coun- would include in it educational possi- bilities for the workforce, that would The research and development credit tries. Making permanent the tax incen- plays a crucial role in the continued tive for companies to invest in research have infrastructure there and would have America knowing that we just economic growth of our Nation, spur- and development right here in the ring innovation and supporting high- United States will ensure lifesaving weren’t talking about success of the corporations, but for success of Amer- skilled, high-paying jobs. technologies, state-of-the-art computer Innovation has been a huge driver of systems, and breakthroughs in manu- ica. Also, the part that he mentioned— growth in my district. Because of the facturing products. breakthrough technologies coming out While America once led the world in continuity—so that our businesspeople would know exactly what they could of Research Triangle Park, North Caro- R&D incentives, the U.S. has now lina has become a leader in American dropped to—get this—27th among our depend on. I just can’t, for the life of me, see how they will know which part innovation. global competitors. America’s share of In and around my district, I have of the Tax Code or which week that we global research and development, while seen how important the R&D credit has intend to bring up knowing it is going it is still big, has dropped from 39 per- been to our Nation’s innovative compa- to be vetoed, if really in our hearts cent, before the turn of this new cen- nies, like Biogen, Cisco, GSK, SAS, tury, to 31 percent. what we want is continuity. There is UTC, and Siemens, amongst a host of So look at China. By contrast, Chi- only one way to get continuity, and others. I urge my colleagues to support na’s R&D spending has increased four- that is to review the Tax Code, to re- such companies and their employees fold. It is poised to surpass that of form the Tax Code. and the families of those employees by America by 2022. If you take out all of the gems just to making this important credit perma- Permanency provides certainty to get a ‘‘no’’ vote against it politically, nent. U.S. innovators. It makes the Federal you are really harming bipartisanship. Right now, Mr. Speaker, a growing budget scorekeeping far more honest, That is what we need; that is what the number of foreign countries are in- and it removes the asterisk from this Tax Code needs; that is what our coun- creasing innovation and advancing temporary provision so that progrowth try needs, a Tax Code that eliminates manufacturing by providing generous tax reform can advance. all of the loopholes, and concentrate on and permanent R&D tax credits along This year, we have added a new pro- those things our country needs. with lower corporate tax rates. vision that will allow eligible small Of course, if politics is more impor- In fact, according to an OECD study, businesses to count the credit against tant than policy, if all we are trying to the U.S. ranks 22nd in research incen- the AMT, the alternative minimum do is play ‘‘I gotcha,’’ if all we want to tives among industrialized countries. tax. This is an important provision to say is we love research and develop- We owe our innovators better, and in enable America’s newest innovators to ment, but we know darn well politi- order to remain a leader in the increas- develop even more cutting-edge, mar- cally it is not going to pass, if we are ingly global economy, we must con- ket-dominating technologies. going to say that we all want reform, tinue to support and incentivize re- I am proud to have worked on this but now that we have both Houses Re- search and innovation here in the important tax incentive with my friend publican—House and the Senate—but United States.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.030 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3413 Passage of this bill will provide com- tional Institutes of Health and the Na- We need a Tax Code that promotes panies and researchers with the cer- tional Science Foundation. I think we innovation, that promotes entrepre- tainty and support they need to keep need more than another Ice Bucket neurship, that promotes growth. We America and my district and North Challenge to fund research for cures for need a Tax Code that allows the inven- Carolina in the forefront of global in- cancer and diabetes, ALS, AIDS, and tors and the dreamers with a good idea novation and send a strong message the like. We need the resources to to be able to go out there and succeed. that we stand behind the tackle problems that are touching This is critical legislation that groundbreaking research being con- every family in this country. comes at a very critical time. Modern- ducted by our Nation’s innovators. Unfortunately, this R&D credit that izing and making the research and de- Mr. Speaker, I urge support for this is being made permanent without re- velopment tax credit permanent will bill. form has required American taxpayers ensure that the United States remains Mr. THOMPSON of California. Mr. to subsidize the development of elec- competitive in the global marketplace. Speaker, I yield myself such time as I tronic cigarettes and other products to It has been around since 1981; it has may consume. addict our children to nicotine, instead been renewed 16 times, but when you I just want to point out that the of using those dollars to fight those renew a credit for 1 year, for 2 years, or President is standing with those of us dreaded diseases to which nicotine con- you make it retroactive, that doesn’t who support the R&D credit, but he tributes. work very well for some companies wants it done responsibly. He wants it Corporate research generally is fo- that are allocating their capital for 5 paid for, and he wants it part of tax re- cused more and more on the next quar- or 10 years on the horizon that want to form. Just like all of us, we support the ter’s reports to Wall Street to which invest in research and development. R&D credit. We want it paid for, and excessive corporate compensation is In Minnesota, we are the home to 400 we want it part of tax reform. tied, instead of focusing on basic re- medical device companies. Research To suggest that voting against this is search. Porter concludes in the same and development is their lifeblood, and standing with China, I find somewhat article that this particular bill is ‘‘un- these manufacturers use research and an ironic statement made by my friend likely to help much.’’ And he notes the development to invent new devices, from Texas, given the fact that China conclusion of the Congressional Re- new techniques, new procedures. These already holds so much of the U.S. debt. search Service, an objective source, companies are also a very essential All this does is empower them more, that this regularly renewed credit ‘‘de- component to our economy in Min- give them more of our debt. livered, at most, a modest stimulus to nesota and also around the United I yield 3 minutes to the gentleman domestic business R&D investment States. from Texas (Mr. DOGGETT). from 2000–2010.’’ We should be making America the Mr. DOGGETT. Mr. Speaker, there is The SPEAKER pro tempore. The number one destination to create and one type of innovation in which these time of the gentleman has expired. grow a business. Making the research Republicans are truly unexcelled— Mr. THOMPSON of California. I yield and development credit permanent will there is no competition. And that is the gentleman an additional 1 minute. provide our Nation’s innovators that the innovation in names, in naming Mr. DOGGETT. I support a perma- incentive and that certainty that they these bills. nent research and development credit need to develop the next big idea and They salute climate deniers and The to incentivize more research. The ques- help America win the future. Flat Earth Society by slashing funding tion is: How do we pay for it, and how Mr. THOMPSON of California. Mr. for earth science that is strongly op- do we ensure that it actually encour- Speaker, I yield 3 minutes to the gen- posed by geophysicists and one aca- ages more jobs, leads to more research tleman from Oregon (Mr. BLU- demic after another. What do they call and more economic development, in- MENAUER), a distinguished member of it? The ‘‘America COMPETES Act.’’ stead of just giving a reward to those our Ways and Means Committee, from On this measure, its companion, they who are already doing something in a district filled with innovators, all of borrow almost $200 billion from anyone this area to advance their product? whom would benefit from doing this who will lend it to us to give mostly to Nothing, of course, prevents multi- policy the right way. the largest corporations, largely for nationals from taking the credit and Mr. BLUMENAUER. Mr. Speaker, I doing research that they would be then putting the patent or the copy- appreciate the gentleman’s courtesy. doing, even if they weren’t rewarded. right in some foreign tax haven and I was listening to my dear friend, the And they call that the ‘‘American Re- avoiding paying their American taxes, gentleman from Texas, who is man- search and Competitiveness Act.’’ Now, another reform that is necessary. aging the bill for our Republican that is true innovation. They don’t We should reject this proposal in friends, and I was struck for a moment need a credit; they ought to get a prize favor of a strong research credit that when he talked about the disadvantage for being contortionists when it comes actually incentivizes necessary re- vis-a-vis China, how—in a few years— to labeling these measures. search here in America and which is we are going to slip behind China in This particular bill just digs us deep- paid for, in part, by comprehensive re- R&D development. er and deeper into debt, while adding form of this very credit. Surely, we He talked about the hundreds of very little to our research capability. don’t need any more research today to thousands of jobs that could be made That is truly unfortunate, since Amer- know that today’s bills are the wrong available if we were able to redouble ica’s future competitiveness is in jeop- way to go for America. our efforts in research and develop- ardy. And that is outlined this very Mr. BRADY of Texas. Mr. Speaker, I ment and the concerns about the over- day in ‘‘Innovation Lies on Weak Foun- am proud to yield 2 minutes to the gen- all slippage of the United States into dation,’’ a New York Times economic tleman from Minnesota (Mr. PAULSEN), the middle of the pack when it comes column. one of our leaders of the Ways and to research. As Eduardo Porter notes, ‘‘Invest- Means Committee, who understands I was struck by those words. For a ment in research and development has you can’t keep making excuses about moment, I thought he was talking flatlined over the last several years as bringing R&D to America; you have to about the United States infrastructure a share of the economy . . . other coun- act. because we don’t have to wait for 3 or tries are now leaving the United States Mr. PAULSEN. Mr. Speaker, I thank 4 or 5 years to slip behind China; we are behind . . . government budgets for the gentleman for his leadership on already being overshown by their ef- basic research, the biggest source of fi- this legislation and on the Ways and forts. We are investing less than 2 per- nancing for scientific inquiry . . . fell Means Committee. cent of our gross domestic product in in 2013 to substantially below its level Mr. Speaker and Members, America infrastructure; the Chinese are invest- 10 years earlier.’’ has long been a place where an idea ing 8 percent or more. Indeed, the Republican budget makes that is thought up in a garage or in the The United States once had the fin- significant cuts to research, including backyard can become the next revolu- est infrastructure in the world—not hundreds fewer research grants that tion in manufacturing or the next life- anymore. Those international ratings the President sought at both the Na- saving technology. that my good friend from Texas talked

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.032 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3414 CONGRESSIONAL RECORD — HOUSE May 20, 2015 about are very much the case for our our working on tax reform, but, today, Mr. THOMPSON of California. Mr. infrastructure. We have dropped from we are talking about research and de- Speaker, I yield myself such time as I 1st to 5th to 16th to 27th. velopment. may consume. I want to know where the alarm for As we talk about certainty, certainly I just want to point out that my my Republican friends is about our we need certainty with regard to our friend who just spoke said that he, too, falling behind while America falls transportation and infrastructure sys- believes in transportation, that we apart. tem, but we need certainty when it should be working on transportation b 1430 comes to research and development. and tax reform, but that, today, we are Businesses all across our country, as talking about the R&D credit. We are going to pass before the year they are looking to try to create that Mr. Speaker, the majority party sets is out the research and development next new product, as they are looking the agenda. The reason we are not credit. I hope we do it the right way, to innovate, as they are looking to cre- talking about transportation or tax re- but we will do it. ate that next new thing in order to im- form is that they don’t want to talk What we haven’t done in the 55 prove the lives of individuals and to en- about it. They set the agenda. They are months since the Republicans took hance our Nation, they need to have the ones who decided that today we control of the House of Representatives that certainty to be able to look were going to do this irresponsible tax is we have not had a single hearing on around the corner. bill rather than look at comprehensive how we are going to finance our crum- We are moving forward on research tax reform or look at transportation bling infrastructure—not one. In the and development a step at a time. We funding for our crumbling infrastruc- meantime, we are told that this is off are reauthorizing it a year at a time. ture. the table, that the gas tax is off the Sometimes we are doing it retro- Mr. Speaker, I am proud to yield 3 table. We are going to do some smoke actively, which means that those busi- minutes to the gentleman from Cali- and mirrors or something. We just nesses don’t have the ability to plan fornia (Mr. BECERRA), my colleague and passed the 33rd short-term extension of and oftentimes don’t. They are happy friend and the chair of the Democratic the surface transportation bill. to take the tax relief, but they are not Caucus. What country became great in having really willing to plan and invest in it, Mr. BECERRA. I thank my friend for built its infrastructure 9 months at a oftentimes having, year after year, pro- yielding. time? grams in which they are investing bil- Mr. Speaker, let’s make sure we get While my Republican friends refuse lions of dollars, creating thousands of something straight. I don’t think there to even consider the gas tax that Ron- jobs. is a Member here on the floor who ald Reagan championed—in fact, urged doesn’t agree that we want to invest in Innovation, Mr. Speaker, is some- and Congress more than doubled under research and development so that we thing that we should all be united be- his watch—in the last 6 months, we keep that innovation here at home and hind. We want to innovate here in the have had Georgia, Utah, South Dakota, create jobs that pay well here at home. United States. We want to create Nebraska, Idaho, and Iowa all raise We all want to incentivize that job cre- things here in the United States. We do their gas taxes, hoping that the Fed- ation. We all want to make sure that not want to have a research and devel- eral Government will meet its obliga- the economy grows in the future. That opment situation which really fosters tions and be a partner in rebuilding is not what is at issue here. What is at innovation outside of the United and in renewing America. issue is that this bill sends exactly the States. Yes, we have slipped behind, The SPEAKER pro tempore. The wrong message about our commitment and Republicans and Democrats alike time of the gentleman has expired. to invest not just in our future but in want to make sure that the United Mr. THOMPSON of California. I yield our children and in what we call the States is leading the charge. We need the gentleman an additional 30 sec- middle class and the American Dream. to be globally competitive. We are not onds. See, there is a cost involved in doing in a domestic economy—we are in a Mr. BLUMENAUER. Where is the research and development tax credits. global economy. If we want to be glob- sense of urgency for the cost to fami- That is a tax break. We are willing to ally competitive, we cannot be ranked lies who are having $300 a year or more give companies a tax break that the 22nd when it comes to research incen- in damage to their cars? The fact that families who are up in this gallery tives. we are not being able to move product won’t get. When they file their taxes, because we are stuck in traffic? Then The SPEAKER pro tempore. The they won’t get to write off some of our ports, our airports, our roads, our time of the gentleman has expired. their costs for doing certain things be- rail—we just had an example of its in- Mr. BRADY of Texas. I yield the gen- cause they are not companies, and they stability—where is the urgency? tleman an additional 30 seconds. are not doing research and develop- I would, respectfully, suggest that we Mr. DOLD. Mr. Speaker, I come from ment. reject this wrongheaded approach and a northern district in Illinois. We are We, as a community, as a country, deal with real tax reform and the R&D the fourth-largest manufacturing dis- are saying it is valuable to give a coun- tax credit. But in the meantime, trict in the Nation. Yes, we rely on try a tax break to do that research maybe the Ways and Means Committee that infrastructure because we need to that gives us the next invention. Great, could find a week that we could spend know how our raw materials come in, but there is a cost. How much? $180 bil- working together to rebuild and renew how our finished product goes out, and lion. It ain’t free. We have got to pay America. how we move people around. We also for it. So it is not an issue of not sup- Mr. BRADY of Texas. Mr. Speaker, I realize that those manufacturers rely porting research and development; it is am proud to yield 2 minutes to the gen- on that research and development tax wanting to be responsible and wanting tleman from Illinois (Mr. DOLD), a new credit in order to innovate, in order to to be honest with the American people member of the Ways and Means Com- create that next new thing, that next in saying let’s pay for it. Democrats mittee who comes from a research- new innovation. If we don’t do it in the are saying we can pay for it. Let’s close driven State. United States, they will be doing it those tax breaks that are essentially Mr. DOLD. I want to thank my good elsewhere. tax loopholes that everyone in America friend from Texas for his leadership. Mr. Speaker, I just got back from would agree are not fair. Use the Mr. Speaker, I want to just address Israel. One of the things that struck money you save from closing tax loop- my good friend from Oregon to say, as me as I swung by one of their compa- holes to pay for something we all want, someone on this side of the aisle, I, too, nies is that they had a sign out front which is research and development tax sense an urgency on transportation and that read: ‘‘Where Innovation Never credits. infrastructure. I know that we need to Stops.’’ Now, this isn’t free. If we don’t pay step up and do something about it so We either choose to innovate here, or for it, what happens? Guess what? You that we can have a robust economy, so they will do it elsewhere. This is a bi- don’t want to pay for it? You know this that we can be moving our goods and partisan initiative, and I ask my col- is going to cost three times more than services around. I do look forward to leagues to support this initiative. what we spend on our veterans. So we

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.042 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3415 are going to say, Veterans, you because we take the principles of our However, according to the American shouldn’t get any services because we past, and we apply them to a changing Academy of Arts and Sciences, these had to do this research and develop- future. We are the pioneers who always days, the United States has dropped to ment tax credit, and we didn’t pay for look to the next frontier, ready to 10th place in national R&D investment it. challenge what others believe is impos- as a percentage of the GDP. Perhaps you want to tell that to all sible. Innovation is key to our leader- As their report makes clear: of those folks who are looking for the ship and is essential to our economic Unless basic research becomes a higher cure for cancer or for the cure for dia- prosperity in an increasingly competi- government priority than it has been in re- betes. Guess what? We are spending tive 21st century. What Washington cent decades, the potential for fundamental about three times as much with this needs to understand is that the great- scientific breakthroughs and future techno- research and development tax credit— est innovations don’t come from Wash- logical advances will be severely con- unpaid for—than what we pay for all of ington—they come from the people. strained. that medical research we do through It reminds me of what was going on Instead of meeting this urgent need the National Institutes of Health. This in the early 1900s in this country. and challenge, Republicans are coming is not free. Washington wanted to figure out the to the floor of this House today with Student loans. How many folks have invention of flight, so the wisdom of not one but two bills that do violence to worry about paying for their student government said, ‘‘Let’s just pay Sam- to that aspiration. loans for their kids to go to college? uel Langley to discover how to fly,’’ b 1445 Guess what? The cost of this bill is but we all knew what came true. We about what it would cost to continue watched two brothers who owned a bi- First of all, we have the so-called Re- the programs that we have in place for cycle store take to the skies from a publican R&D bill, a completely un- our kids who go on to college so we can small field in Kitty Hawk, trans- paid-for, permanent, and deficit-ex- keep the cost of student loans low. You forming what we know of today. ploding tax extension. Democrats sup- want to eliminate that so people have The R&D tax credit harnesses that port the R&D tax credit, and we will be to pay a lot more—market rate inter- American spirit. It makes space for the offering a motion to recommit for a 2- est rates—for those student loans? American people to lead us into the fu- year extension to give Congress— Guess what? That is what we would ture. When Ronald Reagan first signed Democrats and Republicans—time to have to do. the R&D tax credit into law, he knew it work together to pass comprehensive There are consequences. If we are would grow our economy and make tax reform that closes loopholes and going to get away from deficit spend- America strong because it put our faith pays for making this tax credit perma- ing, you have got to pay for things. If in the country’s greatest assets—its nent. you think it is a priority, then let’s people and the future. With this bill alone, Republicans will pay for it, but don’t act like you can do Mr. Speaker, today, we are voting to explode the deficit by $182 billion. This these things for free. They cost money. make this tax credit permanent. I is just a part of a larger package of per- All we are saying is let’s pay for what think that is very good policy. I also manent, completely unpaid-for Repub- we all agree is important—a research think it shows what our values are. It lican tax measures this year that will and development tax credit for compa- shows that it is everyday heroes who add almost $600 billion to the deficit— nies that will do that research here in can lead us into the future of tomor- over half a trillion dollars added to the America. Let’s not try to hoodwink the row. So I urge my colleagues to vote deficit—including this bill, their bill to American public. This is not free. It is for this bill, and I urge my colleagues hand $269 billion to the 5,400 richest the right thing to do. Just about every to give the American people the tools families in America. 5,400 families, and American family would say, Guess to move America forward. their estate tax bill would be getting what? Maybe I have to pay a few more Mr. THOMPSON of California. Mr. the benefit of $269 billion paid for by dollars in taxes, but I am keeping that Speaker, I yield 1 minute to the gentle- the middle class in our country, depriv- American company here, investing in woman from California (Ms. PELOSI), ing us of investments in our children’s innovation here, creating jobs in Amer- the Democratic leader. future. ica. Ms. PELOSI. I thank the gentleman The fact is that House Republicans Priorities. Let’s make the tough for yielding. I thank Mr. THOMPSON and have spent this entire Congress blow- choices. Let’s vote against this and the ranking member, Mr. LEVIN, and ing up the deficit with unpaid-for tax vote for a bill that actually pays for members of the committee for bringing giveaways overwhelmingly tilted to- the cost of something we want to do clarity to this debate today. ward wealthy special interests. My col- with the research and development tax Mr. Speaker, Democrats have always leagues, hear this: it is worth noting credit. believed that innovation is what keeps that this bill on the floor has nothing Mr. BRADY of Texas. Mr. Speaker, I America number one. I think that that to do with enterprising startups that am proud to yield 1 minute to the gen- is a view that is shared by all of us in are unable to claim the R&D tax cred- tleman from California (Mr. MCCAR- the Congress. Our commitment on our it. Some of you have said to me: Well, THY), the majority leader of the United side of the aisle, I know, is to science we have all these startups in my dis- States House of Representatives. and to research and development, trict. By and large, they cannot benefit Mr. MCCARTHY. Mr. Speaker, I which create jobs, launch entire new from this bill the way it is written. thank the gentleman for yielding, and industries, and give the miraculous We would like to have written our I want to take a moment to thank the power to cure. motion to recommit to go further, to gentleman from Texas for his leader- For Americans to continue to lead in do that, but the Parliamentarians say, ship. the 21st century, for us to meet the because you prevent it in your base Mr. Speaker, I have listened to a lot challenges of our time, for us to secure bill, we can’t go further. of speakers on this floor. What is the a strong and sustainable future for This is what is really stunning in the cost not to invest in the future? There America’s families and the next gen- look of it all. On the same day as you are 4 out of 10 graduates out of college eration, we must commit to fueling the are saying we are going to do a gotcha today who can’t find a job. How do you engines of innovation. bill on R&D and challenge you all who When President Kennedy challenged pay for that? support R&D not to vote for our ap- You look towards the future. I will Americans to reach for the Moon, he proach, on the very same day—lest tell you many in this country have fol- reminded us that America must lead in anybody think that this is an over- lowed the innovators in our history. innovation: whelming interest in R&D on the Re- Mr. Speaker, one happened to be Ste- The vows of this Nation can only be ful- publican side of the aisle—Republicans filled if we are first, and, therefore, we in- are bringing to the floor a COMPETES ven Jobs. Steven Jobs said that innova- tend to be first. Our leadership in science tion distinguishes between a leader and and in industry, our hopes for peace and se- Act that completely undermines every- a follower. curity, our obligations to ourselves as well thing to do with science and innova- That is true with people, and it is as to others, all require us to make this ef- tion in our country. It completely up- also true with countries. America leads fort. sets our Innovation Agenda.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.034 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3416 CONGRESSIONAL RECORD — HOUSE May 20, 2015 In the 110th Congress we put forth ignore. The Republican bill goes so far families find jobs, and that is what this the Innovation Agenda, a bill devel- as to forbid Federal agencies such as bill is about. oped in a totally nonpartisan way. EPA and FERC from using any re- H.R. 880 is to simplify and make per- ANNA ESHOO, ZOE LOFGREN, and George search funded or developed by DOE, a manent the research and development Miller took the lead going across the brazen attempt to divorce their deci- tax credit. Despite the fact that the re- country, getting input, nonpartisan sions from scientific inquiry. search tax credit has been extended 16 input, academic input, venture capital So again, the very idea that, on this times since its enactment, it remains a input, technological input, into an In- floor today, they come out with this temporary measure. It is very difficult novation Agenda. That Innovation masquerade of R&D tax credits, $182 to plan based on temporary measures. Agenda really calls for making perma- billion added to the deficit, with the Clearly, it is high time that we provide nent and modernizing the R&D tax impression that they care about R&D. certainty for innovators in Georgia and credit. We see the relationship between R&D into what? R&D into nothing that across the Nation by making this tax science, technology, innovation, and is about innovation to keep America credit permanent. progress to keep America number one number one. These Republican bills Innovation is the lifeblood of the with R&D tax credits, but not done this represent a perfect manifestation of small-business community, which em- way as we do here. Republican trickle-down economics. ploys over 70 percent of the workforce. This is a trap in order to keep us The choice that our country has to Innovation in the private sector is es- from investing in Innovation Agenda, make in the economy as we go forward sential to driving our economy forward and that was something that Bart Gor- is trickle-down economics versus mid- and in fostering growth and creating don, as chair of the Science and Tech- dle class economics. Trickle-down jobs for Americans now and in the fu- nology Committee, fought for and theories have not worked. They are ture. It is our duty in Congress to achieved. ARPA-E, you know that, to what got us in trouble in 2008, and it is incentivize businesses so that name one thing. But instead, today, exactly what the Republicans are try- innovators and entrepreneurs can do Republicans are bringing a bill that to- ing to take us back to. Today is one what they do best and fill the ever tally does violence to all this. I hope manifestation of that. growing demand for jobs across our Members will listen to and support the Republicans are seeking to ransack great Nation. alternative presented by Congress- our Nation’s investments in the future, We have so many capable men and women willing to work, so let’s get out woman EDDIE BERNICE JOHNSON, our our commitment to science, our com- of the way of the entrepreneurial ranking member on the committee. mitment to our children’s education, But, anyway, the original COM- our commitment to bigger paychecks, American spirit and pass H.R. 880. Mr. THOMPSON of California. Mr. PETES Act by the Democratic Con- and our commitment to better infra- Speaker, I just want to point out that gress was supported by an over- structure for every American family. small businesses and the startups are whelming number of Republicans. A We need to come together in a bipar- disadvantaged if this bill passes. They majority of the Republicans defied tisan way, and that is very possible. We can’t take advantage of this real-world their leadership and voted for the COM- did it with the COMPETES Act before. experience and business-world experi- PETES Act in the 110th Congress, and To pay for R&D tax credit extension, ence. I am here to tell you, as a small- that original bill passed in a bipartisan we need to reject this Republican as- business person, if you don’t pay your sault on science that will happen later way. We laid the foundation for new in- bills, you go out of business. The leader today. We need to invest in the future dustries that provide jobs for our work- had mentioned that this bill is going to of innovation of our country, of hard- ers, that open new markets for Amer- cost $181 billion, but, Mr. Speaker and working American families. We need to ican products, that ensure that we con- Members, if you add that $181 billion to tinue to ‘‘rise above the gathering reject failed trickle-down economic everything else that the majority has storm.’’ Norm Augustine and others led theories and accept that the success of passed in regard to unpaid-for tax cuts, the way to show what the gathering our Nation depends on bigger pay- that number jumps to $586.3 billion of storm was unless we made those in- checks for America’s working families. unpaid-for tax policy. vestments in science and technology. R&D tax credits made permanent and Now it is my pleasure to yield 3 min- As I said, we created ARPA-E, so im- modernized are a significant part of utes to the gentleman from Illinois portant. that, but they are not a part of it if (Mr. DANNY K. DAVIS), a distinguished This Republican bill betrays every- they take us deeper into debt, pre- member of our Committee on Ways and thing that the COMPETES Act did. venting us from making the invest- Means. The Republican bill betrays everything ments in the future. Mr. DANNY K. DAVIS of Illinois. Mr. that the COMPETES Act did. It is an I urge my colleagues to vote ‘‘no’’ on Speaker, I want to thank the gen- assault on science and a plan to sur- this fiscally irresponsible R&D bill, tleman from California for yielding me render American leadership on innova- ‘‘no’’ on their destructive COMPETES time. I also want to thank Representa- tion. Instead of investing in research Act, and ‘‘yes’’ on the proposal made tive BRADY for his characterization of and development, their bill slashes by Congresswoman EDDIE BERNICE my State, the State of Illinois, as being funding for essential initiatives at the JOHNSON, who I thank for her great research driven, and indeed it is. I am National Science Foundation, the Na- leadership for keeping America number also proud to know that, from the time tional Institute of Standards and Tech- one. I have been here, I have always been nology, the Office of Science and Tech- Mr. BRADY of Texas. Mr. Speaker, I number one or number two in our dele- nology Policy, the Department of En- yield 2 minutes to the gentleman from gation of supporting research, so I am ergy research. Georgia (Mr. ALLEN). research oriented. It cuts energy efficiency and renew- Mr. ALLEN. I thank Mr. BRADY for It amazes me how much doubletalk able energy R&D by $496 million. It is yielding me this time. we engage in. We talk a great deal huge, half-a-billion-dollar cut, nearly Mr. Speaker, I would like to remind about deficit reduction and reducing 30 percent below what was appropriated my colleagues on the other side that, spending, and yet, at the same time, we last year. It cuts ARPA-E by $140 mil- under the leadership of the former pre- are passing a bill that is not paid for lion, 50 percent below the level in the senter, almost a trillion dollars was while we cut greatly needed programs Energy and Water Appropriations bill spent on a stimulus package with noth- and activities that could give balance passed last week. ing to show for it. to individuals all over the country who Most insidiously, Republicans are at- I was in the business world then, and are just simply trying to survive and to tacking science they don’t even want I have been in the business world 37 make it, activities like Medicaid and to hear. Just because you don’t want to years. The reason I ran for Congress SNAP. hear it doesn’t mean it isn’t true. In was to bring real-world experience to In my communities and in many oth- this COMPETES bill that they are pre- this body. That is why I rise today in ers throughout America, we are strug- senting, they are trying to silence the support of H.R. 880. The reason for that gling right now with the idea of how do climate, environmental, and social is because, when you invest and you in- you develop summer work opportuni- science they have consistently tried to vest properly, there is a return. Those ties for young adults so that we could

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.036 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3417 have a real attack on some of the rash Mr. THOMPSON of California. Mr. step forward in that by taking a provi- of violence and activity that we see ap- Speaker, I yield myself the balance of sion that has been temporary far too proaching and being engaged in my time. long and making it a permanent part of throughout urban America. Mr. Speaker, I rise in support, as I our Tax Code so that we can invest in I have always been in favor of re- said earlier, of the R&D tax credit. My R&D with certainty, so we can have search and development, and I have al- colleagues on this side of the aisle sup- honest scorekeeping in our budget, and ways been in favor of using tax incen- port the R&D tax credit. As we have so we can take that first step toward tives as a way of spurring economic de- been saying here today on the floor, it real, comprehensive progrowth tax re- velopment and stimulating the econ- is an important credit that is vital to form. omy. But, you know, I am also inter- our global competitiveness, job and We are told today, as we have heard ested in passing credits. I am inter- economic growth, and maintaining our in the past, that it is not paid for, but ested in credits for businesses. We have position as the world’s leader in inno- in fact, to the extensions since 1981, talked about businesses. Well, let’s vation. these provisions haven’t been paid for. pass some credits so that businesses As I have also stated—and I will say Our Democrat friends passed these bills can hire hard-to-employ individuals, so it again—this bill isn’t paid for. The and supported them. They weren’t paid that they can hire these young people majority is adding $181 billion to the for. We have done the same. It was 1 looking for summer jobs, for something deficit with just this one bill. This is year or 2 years at a time. To say this to do. fiscally irresponsible. is fiscally irresponsible, when they What I haven’t been able to under- So I am in favor of credits, but I am voted so many times to do the same not in favor of a bill that is not paid stand—and I am having trouble today thing, seems to me to be another ex- for, a bill that will not be comprehen- trying to figure it out—is how we can cuse. sive across the board, and a bill that pass bills that help corporations and will put more wealth in the pockets of the wealthy, adding the cost of that to The cost of doing this permanently is the 1 percent and do nothing to aid the the deficit, but then turn around and no more than the cost of doing it 1 or overall economy. try to balance the budget and close the 2 years at a time. To think otherwise is deficit on the backs of hard-working sort of in the line of saying: You know, b 1500 American families. that dessert doesn’t have calories if I Mr. BRADY of Texas. Mr. Speaker, I They are trying to do this by cutting eat it standing up. am proud to yield 2 minutes to the gen- the programs we need to grow our Well, the cost of R&D is the same, tleman from West Virginia (Mr. MOON- economy, like education and infra- but the cost of not making it perma- EY). structure. We have an infrastructure nent is very much not the same. We Mr. MOONEY of West Virginia. Mr. bill that we are still waiting for a hear- know the impact will be fewer jobs Speaker, President Ronald Reagan ing on, which we are still waiting to here in America, more R&D in China, once observed that the government’s see scheduled. and we will lose our lead in the world view of the economy is pretty simple: It is a double standard; it is hypo- as the world’s innovator. ‘‘If it moves, tax it.’’ critical, and it is harmful to the people No more excuses—what we are look- Well, today, more than ever, Presi- that all of us represent. We are ready ing for today is a bipartisan effort to dent Reagan’s words ring true. Taxes and willing to work with the majority make sure those jobs are here in Amer- are prohibitively high. We can take a to strengthen the economy, including ica, that our companies have a chance step in a new direction by passing H.R. progrowth reforms that benefit busi- to invest more and more and more each 880, the American Research and Com- nesses and comprehensive tax reform year. That is what we want them to do. petitiveness Act of 2015. This legisla- that will benefit all of America, but We want to give college graduates tion is simple; it will make the R&D this is the wrong approach, and we hope. As the majority leader from Cali- tax credit permanent. By doing so, we should not be party to this political fornia noted, 4 out of 10 college grad- reduce the amount of taxes that Amer- gamesmanship that is taking place on uates either can’t find jobs, or they are ica’s innovators pay by providing a 20 the floor today. working behind a cash register. Well, it percent credit on research expenses. I urge my colleagues to vote ‘‘no’’ on is wrong. We ought to give them an op- According to a recent study, this pol- this bill, and I yield back the balance portunity. We ought to give them some icy will increase overall investment in of my time. jobs and some hope. Those college research by $33 billion and result in Mr. BRADY of Texas. Mr. Speaker, I graduates are skilled and talented, and 300,000 research-related jobs. In prac- yield myself such time as I may con- they deserve to be part of America’s in- tical terms, this means that a small sume. novative society. That is what they de- business in the beautiful State of West I think one of the big problems with serve. That is what we are going to de- Virginia—which I represent—or where Washington is that everyone finds ex- liver to them. you live that spends $5 million a year cuses not to do the right thing. The While I am thrilled my Democrat on research could be eligible for a truth is we need research and develop- friends are talking about the deficit, I $500,000 tax credit. ment here in America, not overseas. That is enough money to hire 10 new We need the jobs that come with that wish they would have acted upon it employees at $50,000 a year. We are here in America, not overseas. We earlier. The first year they took con- talking about 10 new, hard-working need, frankly, the future of America trol of this House under the former American taxpayers. We are talking here, rather than overseas. Republicans Speaker, they doubled the deficit. The about men and women who are given and Democrats both agree on that; second year, they tripled the deficit. the dignity of work. They will pay both sincerely agree on that. Today, we The third year, they took it over a tril- taxes rather than possibly take govern- heard excuses, and we will hear ex- lion dollars and a trillion dollars again, ment assistance. cuses. until the American public said enough. When I ran for office, I promised We are told this doesn’t fund infra- What we got for all that spending West Virginians that I would fight for structure. It doesn’t. This is about was the worst economic recovery in policies that create jobs and bring eco- funding the infrastructure of research half a century. We are missing 6 mil- nomic freedom back to America. This and development and innovation, but lion jobs from the American economy. bill takes us a step in that direction. I not through the government. This is We have fewer people working the encourage my colleagues to vote for it. through our entrepreneurs, like Apple workforce than we did before the recov- Mr. THOMPSON of California. Mr. and Microsoft, and all the new research ery actually began. In some ways, we Speaker, how much time do I have re- and groundbreaking drugs and medical are going backwards, especially for our maining? breakthroughs. That is how we are young people. The SPEAKER pro tempore. The gen- funding the infrastructure of our fu- Today, with this bill, this is research tleman from California (Mr. THOMPSON) ture. Roads and bridges, we will tackle and development both parties support. has 6 minutes remaining. The gen- in another bill. The only reason we are hearing the ex- tleman from Texas (Mr. BRADY) has 14 We are told this isn’t comprehensive cuses is that it is a Republican bill this minutes remaining. tax reform. No, it is not. It is a critical time. That is the only reason.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.037 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3418 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Research and development is not a Mr. Neal moves to recommit the bill H.R. tors—we produce some of the highest Republican proposal, it is not a Demo- 880 to the Committee on Ways and Means and best tech advancements in the crat proposal. It is an American pro- with instructions to report the same back to world. Kendall Square in Cambridge posal we all support. We think our the House forthwith with the following has the highest concentration of R&D amendment: economy ought to grow not in Wash- Strike section 2 and insert the following: in the whole world. ington, but back home, and that inno- SEC. 2. NO INCREASE IN DEFICIT OR DELAY OF We know this credit is vital to keep- vation matters. The way we do that is COMPREHENSIVE TAX REFORM. ing America at the innovation fore- to recapture America’s leadership in Nothing in this Act shall result in— front, and we know that the start-and- R&D. (1) an increase in the deficit, or stop nature of this credit has put a For all those reasons—and for the (2) a delay or weakening of efforts to adopt damper on the willingness of firms to support of entrepreneurs, manufactur- a permanent extension of the research credit invest because they don’t know if the ers, and technology companies back in a fiscally responsible manner. credit is going to be gone tomorrow. home all across America—I urge that SEC. 3. TWO-YEAR EXTENSION OF RESEARCH Now, a chance to point something CREDIT. we stop the excuses, we join together (a) IN GENERAL.—Section 41(h) of the Inter- out that I think bears noting, as a per- as Republicans and Democrats, we take nal Revenue Code of 1986 is amended by cent of gross domestic product, re- back America’s leadership in innova- striking ‘‘December 31, 2014’’ and inserting search and development now is the low- tion and create the jobs that our young ‘‘December 31, 2016’’. est it has been in decades. Why is that? people deserve. (b) EFFECTIVE DATE.—The amendment Because of the rejection of science on I yield back the balance of my time. made by this section shall apply to amounts my Republican friend’s side, private Mr. BLUM. Mr. Speaker, I rise today in sup- paid or incurred after December 31, 2014. sector R&D is way down. port of the bipartisan bill H.R. 880 the Amer- The SPEAKER pro tempore. Pursu- The encouragement in the Tax Code ican Research and Competitiveness Act of ant to the rule, the gentleman from is simply to buy smaller companies, 2015 to make permanent and simplify an im- Massachusetts is recognized for 5 min- merge, and take advantage of the inno- portant tax credit, which promotes job creation utes in support of his motion. vation they have done. There is the op- and economic growth. Mr. NEAL. Mr. Speaker, I am op- portunity here to build something Unfortunately, Congress did not address this posed to this bill in its current form, around the R&D that we should be tak- issue last year, so I applaud Mr. BRADY for and I want to remind my colleagues ing advantage of here today, but we are continuing to work on this important measure that this will not kill the bill, nor will not doing that because of the notion of to bring certainty to an important sector of the it send it back to committee. If adopt- having rejected this science. U.S. economy. ed, the bill will proceed immediately to The fickle nature of Congress toward By simply enhancing and making permanent final passage as amended. this credit is attributable to one fact: the now expired research tax credit, H.R. 880 Well, we are 6 months into the new we have not reformed the Tax Code increases the ability of businesses to compete Congress; and what do we hear from since 1986. Now, Congressman BRADY in an increasingly globalized marketplace by the majority? It is more of the same, wasn’t even born the last time that we rewarding investments in innovation tech- more of the same assurances: Trust us did tax reform 30-some odd years ago. nologies and manufacturing. These new tech- on tax reform; it is on the way. He was but a wish in a couple’s eye. nologies provide the basis of new consumer First, it was: Do not introduce tax That is how dated this argument is. products, increased scientific discovery, and bills. Trust us, tax reform is on the He said: Why can’t we agree on some technological improvements across numerous way. things here? fields and disciplines. Then it was: If we make some extend- There are some things we can agree The common sense American Research ers permanent, trust us, tax reform is upon: Barack Obama was not born in and Competitiveness Act of 2015 lowers the just around the corner. Kenya; secondly, and just importantly, cost of innovation, creates high wage jobs, The new refrain is: If we want to fix there is no imminent invasion of Texas and lays the foundation for a strong economy the highway trust fund, let’s do tax re- that is being planned; And third, very in the 21st century. The U.S. is facing increas- form at the same time. simply, the tax cuts don’t pay for ing competition around the globe from coun- Mind you, we have just voted to ex- themselves. They have to score some tries with more advantageous tax structures, tend the highway trust fund for the place. so it is critical that Congress extend this credit 33rd time, and in December, we will b 1515 to remain competitive in the future. most likely vote to extend the R&D tax As a cosponsor of the bipartisan H.R. 880, credit on another short-term basis. We are taking up the time today de- I urge my colleagues on both sides of the Let’s stop playing these games. bating this extender—or extenders— aisle to join me in support of this common By the way, when my friend from when we should be talking about tax sense legislation to provide the tools nec- Texas talked about Democrats extend- reform that works for the middle class, essary to create jobs, promote economic ing the deficits, did he forget that Bill a tax reform that does not reward in- growth, and create the innovations of tomor- Clinton left us with four straight bal- vestment; instead, we are doing this row—right here in America. anced budgets, and in 8 years, they hodgepodge effort on tax extenders The SPEAKER pro tempore (Mr. wrecked the trajectory of those bal- that really make no sense. Guess what, YODER). All time for debate has ex- anced budget with $2.3 trillion of tax come December, we are going to be pired. cuts? That is the reality. When I heard right back here on this floor tackling Pursuant to House Resolution 273, him say the Democrats ran up the defi- the R&D credit for another year or the previous question is ordered on the cits, I guess they forgot there was a two. bill, as amended. President George W. Bush in between. Now, before they say to me, Mr. The question is on the engrossment What do we do here? We do the estate NEAL, you are wrong, I certainly have and third reading of the bill. tax repeal. That takes care of 5,400 been right in the last two cycles about The bill was ordered to be engrossed families in America. How universal is what happened as to where we ended up and read a third time, and was read the that? If we weren’t doing the estate tax with tax extenders. The President has third time. bill—repealing it, by the way—then already said he would veto a perma- MOTION TO RECOMMIT what we could have done was perhaps nent R&D at this point, and I under- Mr. NEAL. Mr. Speaker, I have a mo- extend and agree upon a robust R&D stand the whole nature of why we need tion to recommit at the desk. tax credit, which you all know I sup- to do talking points. The SPEAKER pro tempore. Is the port. How about, for 6, 7, 8, 9, or 10 I would submit this to my friend, Mr. gentleman opposed to the bill? years, put it in line and let private in- BRADY, and he is my friend, and we Mr. NEAL. I am opposed to the bill in vestment build around it? work together on many pieces of legis- its current form. If you are from Massachusetts, obvi- lation. Why don’t we commit ourselves The SPEAKER pro tempore. The ously, you are for a more robust R&D to building an R&D tax credit for 10 Clerk will report the motion to recom- tax credit. Who in Massachusetts could years, so it can be built into the invest- mit. be against that? World class univer- ment code of the American entre- The Clerk read as follows: sities, hospitals, businesses, incuba- preneur, so they know precisely what

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.038 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3419 is going to be out there, instead of tak- consideration of the bill (H.R. 1806) to STEM workforce is critical to Amer- ing this tactic today that is never provide for technological innovation ican industries and ensures our future going to see the light of day as we go through the prioritization of Federal economic prosperity. forward? investment in basic research, funda- The definition of STEM is expanded This Congress could have been spend- mental scientific discovery, and devel- to include computer science, which ing its time today talking about in- opment to improve the competitive- connects all STEM subjects. The bill come disparity, downward pressure on ness of the United States, and for other also creates an advisory panel on wages, robotics, and what is putting purposes, with Mr. YODER in the chair. STEM education to ensure outside the American worker behind the curve The Clerk read the title of the bill. stakeholders have a role in assessing of opportunity; but, no, we can’t do The CHAIR. Pursuant to the rule, the the Federal STEM education portfolio. that. We spend our time instead on bill is considered read the first time. Title III includes three bipartisan these sorts of arguments. The gentleman from Texas (Mr. bills the Science, Space, and Tech- I hope that we can send this back to SMITH) and the gentlewoman from nology Committee approved in March. committee and come up with some- Texas (Ms. EDDIE BERNICE JOHNSON) Those bills, H.R. 1119, the Research and thing that we can all live with. each will control 30 minutes. Development Efficiency Act; H.R. 1156, Mr. Speaker, I yield back the balance The Chair recognizes the gentleman the International Science and Tech- of my time. from Texas (Mr. SMITH). nology Cooperation Act of 2015; and Mr. BRADY of Texas. Mr. Speaker, I Mr. SMITH of Texas. Mr. Chairman, I H.R. 1162, the Science Prize Competi- rise in opposition to the motion. yield myself such time as I may con- tions Act, passed the committee by The SPEAKER pro tempore. The gen- sume. voice vote. Two of these were spon- tleman is recognized for 5 minutes. Mr. Chairman, I am pleased to spon- sored by the Democrats. Mr. BRADY of Texas. Mr. Speaker, sor H.R. 1806, the America COMPETES Title IV supports the important this Democrat proposal does violence Reauthorization Act of 2015, a pro- measurement, standards, and tech- to America’s research infrastructure. science, fiscally responsible bill that nology work taking place at the Na- It does violence to America’s economy, sets America on a path to remain the tional Institute of Standards and Tech- and it does violence to the future of world’s leader in innovation. nology laboratories, the Manufacturing our economy and to the hope of young This bill reauthorizes civilian re- Extension Partnership program, and people. search programs at the National the recently authorized Network for We will not stand for this. Vote ‘‘no’’ Science Foundation, the National In- Manufacturing Innovation. on this motion to recommit. stitute of Standards and Technology, Measurement science conducted at Mr. Speaker, I yield back the balance the Department of Energy, and the Of- NIST contributes to industrial com- of my time. fice of Science and Technology Policy. petitiveness by supporting the tech- The SPEAKER pro tempore. Without H.R. 1806 prioritizes basic research and nical infrastructure and advancements objection, the previous question is or- development, while staying within the for nanotechnology, global positioning dered on the motion to recommit. caps set by the Budget Control Act. systems, material sciences, cybersecu- There was no objection. America’s businesses rely on govern- rity, health information technology, The SPEAKER pro tempore. The ment support for basic research to and a variety of other fields. question is on the motion to recommit. produce the scientific breakthroughs Title V reauthorizes the Department The question was taken; and the that spur technological innovation, of Energy Office of Science for 2 years, Speaker pro tempore announced that jump-start new industries, and spur at a 5.4 percent increase over fiscal the noes appeared to have it. economic growth. Title I of the bill re- year 2015. It prioritizes basic research Mr. NEAL. Mr. Speaker, on that I de- authorizes the National Science Foun- that enables researchers in all 50 mand the yeas and nays. dation for 2 years and provides a 4.3 States to have access to world-class The yeas and nays were ordered. percent increase for research and re- user facilities, including supercom- The SPEAKER pro tempore. Pursu- lated activities. puters and high-intensity light sources. ant to the order of the House of today, The bill prioritizes funding for the This bill also prevents duplication further proceedings on this question Directorates of Biological Sciences, and requires DOE to certify that its will be postponed. Computer and Information Science and climate science work is unique and not f Engineering, Engineering, and Mathe- being undertaken by another Federal matics and Physical Sciences and rec- agency. AMERICA COMPETES ognizes the need to make strategic in- Title VI reauthorizes the DOE ap- REAUTHORIZATION ACT OF 2015 vestments in basic R&D for the U.S. to plied research and development pro- GENERAL LEAVE remain the global leader in science and grams and activities for fiscal year 2016 Mr. SMITH of Texas. Mr. Speaker, I innovation. The bill reprioritizes re- and 2017. They include the Office of ask unanimous consent that all Mem- search spending at NSF by cutting Electricity Delivery and Energy Reli- bers may have 5 legislative within funding for the Directorate for Social, ability, the Office of Nuclear Energy, which to revise and extend their re- Behavioral, and Economic Sciences and the Office of Energy Efficiency and Re- marks and include extraneous material the Directorate for Geosciences. newable Energy, the Office of Fossil on the bill, H.R. 1806. Federal budget restraints require all Energy, and the Advanced Research The SPEAKER pro tempore (Mr. taxpayers’ dollars to be spent on high- Projects Agency-Energy. DENHAM). Is there objection to the re- value science in the national interest. H.R. 1806 refocuses some spending on quest of the gentleman from Texas? Unfortunately, NSF has funded a num- late-stage commercialization efforts There was no objection. ber of projects that do not meet the within the Office of Energy Efficiency The SPEAKER pro tempore. Pursu- highest standards of scientific merit, and Renewable Energy to research and ant to House Resolution 271 and rule from climate change musicals, to eval- development efforts. XVIII, the Chair declares the House in uating animal photographs in National The bill requires DOE to provide a the Committee of the Whole House on Geographic, to studying human-set regular strategic analysis of science the state of the Union for the consider- fires in New Zealand in the 1800s. There and technology activities within the ation of the bill, H.R. 1806. are dozens of other examples. Department, identifying key areas for The Chair appoints the gentleman The bill ensures accountability by re- collaboration across science and ap- from Kansas (Mr. YODER) to preside storing the original intent of the 1950 plied research programs. over the Committee of the Whole. NSF Act and requiring that all grants Title VII proposes to cut red tape and serve the ‘‘national interest.’’ The NSF bureaucracy in the DOE technology 1519 b has endorsed this goal. transfer process. It allows contractor- IN THE COMMITTEE OF THE WHOLE Title II represents the Science, operators at DOE national laboratories Accordingly, the House resolved Space, and Technology Committee’s to work with the private sector more itself into the Committee of the Whole commitment to enhancing STEM edu- efficiently by delegating signature au- House on the state of the Union for the cation programs. A healthy and viable thority to the directors of the labs

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.044 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3420 CONGRESSIONAL RECORD — HOUSE May 20, 2015 themselves, rather than to DOE con- what we are doing here today and why 75 ORGANIZATIONS IN OPPOSITION TO H.R. 1806, tracting officers, for cooperative agree- these issues are so important. Since THE AMERICA COMPETES REAUTHORIZATION ments valued at less than $1 million. 2010, when we passed the last COM- ACT OF 2015 This title also requires DOE to assess PETES reauthorization, R&D spending 1. Alliance to Save Energy its capability to authorize, host, and in America has begun to stagnate 2. American Academy of Political and So- oversee privately funded fusion re- again and, by some measures, even de- cial Science 3. American Anthropological Association search and the next generation fission clined. 4. American Association for the Advance- reactor prototypes. Currently, the pri- In the meantime, our economic com- ment of Science vate sector has little incentive to build petitors have doubled down on their in- 5. American Association of Petroleum Ge- reactor prototypes due to regulatory vestments in research and develop- ologists uncertainty from the Nuclear Regu- ment. Over the past decade, China has 6. American Association of Physics Teach- latory Commission. averaged a 23 percent increase in R&D ers In summary, Mr. Chairman, H.R. 1806 spending each year. Perhaps, not sur- 7. American Educational Research Associa- sets the right priorities for Federal ci- prisingly, in 2014, China overtook the tion 8. American Geophysical Union vilian research, which enhances inno- United States to become the world’s 9. American Geosciences Institute vation and U.S. competitiveness with- largest economic power. 10. American Institute of Biological out adding to the Federal deficit and The crisis that the Augustine com- Sciences debt. mittee warned us about in 2005 has now 11. American Institute of Physics I encourage my colleagues to support arrived. 12. American Meteorological Society this bill. 13. American Physical Society 14. American Political Science Association I reserve the balance of my time. b 1530 Ms. EDDIE BERNICE JOHNSON of 15. American Psychological Association Texas. Mr. Chairman, I yield myself What is the response of our majority 16. American Society for Microbiology to this crisis? Absolutely nothing. That 17. American Sociological Association such time as I may consume. 18. Association for Behavioral and Cog- Today, I must unfortunately rise in is what is in H.R. 1806: absolutely noth- ing. nitive Therapies opposition to the America COMPETES 19. Association for the Sciences of Lim- Reauthorization Act. It is unfortunate H.R. 1806 completely abandons the nology and Oceanography because I was a strong supporter of recommendations of the Augustine 20. Association of American Universities both the original COMPETES Act, as committee and the original COM- 21. Association of Population Centers well as the 2010 reauthorization. PETES Act. It abandons the legacy of 22. Association of Public and Land-grant Both of those bills passed with bipar- COMPETES by flat-funding R&D in- Universities tisan support, and both bills reflected vestments. It abandons the legacy by 23. AVS: Science & Technology of Mate- rials, Interfaces, and Processing the recommendations of the National slashing funding for the very ARPA-E program envisioned by this committee, 24. Biophysical Society Academy of Sciences’ groundbreaking 25. Business Council for Sustainable En- 2005 report, ‘‘Rising Above the Gath- the Augustine committee. It abandons ergy ering Storm.’’ that legacy by politicizing the sci- 26. Center for Small Business and the Envi- It is worth reflecting on what the Na- entific grant-making process and pit- ronment tional Academy’s panel found and why ting different research disciplines 27. Clay Minerals Society they made the recommendations they against each other. 28. Coalition for National Science Funding did. I want to be clear about what it is 29. Computing Research Association First, the panel that wrote the report that this majority is abandoning. They 30. Consortium for Ocean Leadership are abandoning our future. 31. Consortium of Social Science Associa- was composed of a distinguished group tions of individuals from industry, academia, America is the greatest nation on 32. Council of Undergraduate Research and science; and it was headed by the Earth, but our greatness is not guaran- 33. Department of Energy Secretary Ernest former Lockheed CEO Norm Augustine. teed. We have to work for it. We have Moniz The panel noted that much of Amer- to do the things that are necessary to 34. Earth Day Network ica’s economic growth and success in ensure a bright future for our country. 35. Ecological Society of America the decades following World War II was That means making the same kinds of 36. Energy Sciences Coalition the direct result of our Nation’s sus- investments in science and technology 37. Environment America that previous generations made. Our 38. Environment and Energy Study Insti- tained investment in research and de- tute velopment. However, they noted that a predecessors understood what was at 39. Environmental Defense Fund gathering storm was approaching. stake. They made a commitment to in- 40. Federation of American Societies for America’s economic and military com- vest in research and development and Experimental Biology petitors around the world had begun to science education, and we still benefit 41. Federation of Associations in Behav- catch up with our Nation’s techno- from those past investments today. ioral and Brain Sciences logical lead. The world is not standing still. If we 42. Geological Society of America Moreover, research and development do not recommit to our investments in 43. Incorporated Institutions for Seis- science education, research, and devel- mology budgets in the United States were stag- 44. Institute of Electrical and Electronics nating. The panel determined that opment, we will be surpassed. Engineers, Inc. America was sorely in need of a recom- The bill before us fails to secure our 45. Law and Society Association mitment to research and development Nation’s future, and for that reason, I 46. League of Conservation Voters in order to maintain our competitive must strenuously oppose it. 47. Learning and Education Academic Re- edge. I am not alone in my opposition. We search Network The Augustine panel gave specific have received more than 40 letters or 48. Michigan State University recommendations that we increase statements of concern or outright op- 49. National Association of Geoscience position from over 70 different groups, Teachers R&D spending, revitalize STEM edu- 50. National Association of Marine Labora- cation across the country, and also cre- including the American Association for tories ate and support a new ARPA-E for the Advancement of Science, the Asso- 51. National Cave and Karst Research In- breakthrough energy research modeled ciation of American Universities, the stitute on the renowned DARPA program at Association of Public and Land-grant 52. National Ground Water Association the Department of Defense. Universities, the Business Council for 53. Natural Resources Defense Council The original COMPETES Act imple- Sustainable Energy, the Coalition for 54. Nobel Laureates mented these recommendations across National Science Funding, the STEM 55. Ohio State University the board. Supporting this bill was one Education Coalition, the Truman Na- 56. Paleontological Research Institution 57. Pew of the highlights of my two decades of tional Security Project, and many, 58. Population Association of America service here in Congress. many others. I will put the full list of 59. Princeton University I have highlighted this history be- these organizations in the RECORD at 60. Research!America cause it is important to understand this time. 61. Seismological Society of America

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.046 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3421 62. Sierra Club We simply cannot afford to spend the EPA or the Federal Energy Regu- 63. Society for Mining, Metallurgy, and Ex- limited Federal dollars on promoting latory Commission from using the ploration, Inc. 64. Society of Independent Professional today’s technology. This is so yester- most current research results when Earth Scientists day when we do that. Instead of dupli- they set rules to protect our air, our 65. Soil Science Society of America cating work that could be done in the land, and our water. 66. STEM Education Coalition private sector, the America COM- How unfortunate that this 67. Taskforce on American Innovation PETES Act prioritizes basic research antiscience bill also includes a mis- 68. The Optical Society 69. Truman National Security Project—Op- and development with broad applica- guided attempt to impose a level of po- eration Free tion to all forms of energy and energy litical review on the National Science 70. Union of Concerned Scientists efficiencies. Foundation’s gold-standard merit re- 71. United States Permafrost Association Mr. Chairman, over the past 5 view system. 72. University Corporation for Atmospheric months, the Science Committee has This is the National Science Founda- Research held hearings on the Department of En- tion, not a political organization. 73. University of Colorado at Boulder 74. University of Michigan ergy research and development for ad- The CHAIR. The time of the gentle- 75. Wayne State University. vanced nuclear reactors, high-perform- woman has expired. Ms. EDDIE BERNICE JOHNSON of ance computing, energy efficiency and Ms. EDDIE BERNICE JOHNSON of Texas. Again, I strongly, strongly op- renewable energy, energy storage, and Texas. I yield the gentlewoman an ad- pose this bill, and I reserve the balance the Department of Energy budget pro- ditional 1 minute. of my time. posal. With limited time, this Science Ms. EDWARDS. This is a dangerous Mr. SMITH of Texas. Mr. Chairman, I Committee in this Congress has con- proposal that would stifle the kind of yield 4 minutes to the gentleman from ducted five hearings in support of this high-risk, outside-the-box thinking Texas (Mr. WEBER), who is the chair- legislation, prioritizing oversight of that has put the United States on the man of the Energy Subcommittee of the DOE programs authorized in this cutting edge of scientific research. the Science, Space, and Technology bill. If this bill were to become law, it Committee. By supporting the America COM- would eliminate valuable and scientif- Mr. WEBER of Texas. I thank Chair- PETES Act, Congress can promote fun- ically sound research on climate man SMITH for yielding me time to damental research, build a foundation change within the Department of En- speak on this important legislation for the private sector to bring innova- ergy under the guise of a cost-cutting that is on the floor today. tive new technologies to market, and measure. Mr. Chair, H.R. 1806, the America grow the American economy. After all, Mr. Chairman, isn’t that COMPETES Reauthorization Act of I urge my colleagues to support the what this is about? It is about the 2015, authorizes the science and energy America COMPETES Reauthorization other side just not believing in climate research programs at the Department Act. change, despite the science. of Energy, providing funding for re- Ms. EDDIE BERNICE JOHNSON of In addition to all of the dangerous search and development conducted in Texas. Mr. Chairman, I now yield 3 and harmful things that this bill does our universities and national labs minutes to the gentlewoman from do, it lacks any substantively helpful across the country. Maryland (Ms. EDWARDS). provisions in a number of areas. DOE is the largest Federal supporter Ms. EDWARDS. Mr. Chairman, it is I actually proposed an amendment of basic research in the physical actually quite disappointing that we that would simply look at our 21st cen- sciences and provides user facilities for are here at this point today. And I join tury workforce by supporting research over 31,000 scientific researchers each the ranking member and our colleagues at minority-serving institutions, grow- year. on this side of the aisle in opposing ing STEM fields for young people who The America COMPETES Act this harmful antiscience bill, H.R. 1806. we know have to go into the 21st cen- prioritizes funding for the Office of When I first came into Congress, I tury workforce. It flat-funds the edu- Science, which conducts critical re- was excited because we were actually cation directorate at the National search in high energy physics, ad- working on reauthorizing the COM- Science Foundation. vanced scientific computing, biological PETES Act. We were making invest- I can’t think of anything more harm- and environmental research, nuclear ments in important research and devel- ful than doing a COMPETES legisla- physics, fusion energy sciences, and opment and technologies for the 21st tion that is, at its core, the most anti- basic energy sciences. century. And we were doing that in a competitive legislation that could be This basic R&D has broad applica- bipartisan fashion based on bipartisan put on this floor. It is a danger to the tions for our economy and for our na- scientific and research-based rec- 21st century. tional security, providing tools and ommendations. But that is not where Mr. SMITH of Texas. Mr. Chairman, I user facilities for researchers in all en- we are today. am pleased to yield 2 minutes to the ergy fields. H.R. 1806 contains severe funding gentleman from Louisiana (Mr. SCA- The America COMPETES Act also re- cuts to the Department of Energy, in- LISE), who is the majority whip. authorizes the Department’s applied cluding cutting close to one-third of Mr. SCALISE. I thank my colleague, energy programs in nuclear energy, the budget of the Office of Energy Effi- the chairman from Texas, for yielding fossil energy, energy efficiency and re- ciency and Renewable Energy and half and for his leadership in bringing the newable energy, and electricity re- the budget of ARPA–E. In fact, you America COMPETES Act to the floor. search and development. could argue that this is not an invest- Mr. Chairman, I rise in strong sup- By prioritizing research and develop- ment in the 21st century at all: it is a port of the America COMPETES Act. If ment in these programs, we can maxi- throwback bill to the 20th century. you look at what we are trying to do mize Federal dollars and leave com- These cuts are going to cripple our here, we want America to maintain our mercialization and deployment to the Nation’s research into high-impact competitive edge, to create good-pay- private sector, Mr. Chairman, which technologies to generate, store, and use ing jobs here at home. But to do that, has the most incentive to bring new, energy and will harm our ability to we need to invest wisely and respon- cost-effective, and efficient tech- compete successfully with other coun- sibly in basic scientific research. nologies to market. tries. After years of overspending and the This legislation is fiscally respon- The bill also contains many harmful administration expanding programs sible and cuts funding to lower-priority provisions restricting the Department way beyond the core missions of the and duplicative programs like EERE, of Energy, such as a provision pre- National Science Foundation and the which has grown by almost 60 percent venting the results of any Department Department of Energy, the COMPETES in the last decade. With our national of Energy-supported fossil fuel energy Act prioritizes taxpayer dollars to sup- debt of $18 trillion and rising, Congress research and development from being port basic research in biology, chem- must prioritize fundamental research ‘‘used for regulatory assessments or de- istry, math, engineering, and computer to lay the foundation for the next tech- terminations by Federal regulatory au- science. American taxpayers’ dollars nological breakthrough. thorities.’’ That would essentially bar are being spent on programs that do

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.021 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3422 CONGRESSIONAL RECORD — HOUSE May 20, 2015 not meet the national interest or help Furthermore, this bill would slash selves and, instead, put America’s fis- invest in our future. our investments in the cutting edge cal house in order. Let’s start a real I want to point out some of the ARPA-E program by 50 percent, which conversation about fixing our broken wasteful spending that is being elimi- funds high-risk and high-reward re- Tax Code in a fiscally sustainable way. nated by this legislation, the America search in energy technologies that Passing this R&D tax credit will under- COMPETES Act. might not otherwise be pursued. mine that effort. Mr. Chairman, $340,000 of taxpayer Now, of course, if global warming is I am urging my colleagues on both money is being spent to study human- not an issue, who cares. sides of the aisle who care deeply about set fires in New Zealand in the 1800s— This bill, though called the America fiscal sustainability, about tax reform, taxpayer dollars here in America are COMPETES Act, really ought to be ti- and about economic competitiveness to being spent on that; $50,000 to study tled the Everyone Else Competes Act oppose these bills. civil lawsuits in Peru from 1600 to 1700; because it will cause us to fall farther Mr. SMITH of Texas. Mr. Chairman, I $487,000 to study textiles and gender in and farther behind our overseas com- yield 2 minutes to the gentleman from Iceland from 874–1800, during the Vi- petitors, who are already far outpacing California (Mr. KNIGHT), an active king era; $697,000 for ‘‘The Great Im- us in how much they invest in science member of the Science, Space, and mensity,’’ a musical about climate and technology research. Technology Committee. change. Alongside this bill today, the House Mr. KNIGHT. Mr. Chairman, I rise in This is what taxpayer dollars are support of the America COMPETES being spent on, Mr. Chairman, at a also is considering a bill that tries to Act, and I would like to thank the time when Americans are tightening do something many of us agree ought chair for his leadership in this field. their belts and are looking to Wash- to be done but it does it in a fiscally ir- Mr. Chairman, today the Federal ington to do what they are doing in responsible way. I am opposing and Government spends about $3 billion being fiscally responsible. urge my colleagues to oppose making This refocuses what we are supposed the R&D tax credit permanent because across STEM education efforts. This to be trying to do to promote science, we ought to pay for it, Mr. Chairman— bill creates a new STEM education ad- to promote computer science, as a not make our children and grand- visory panel to provide feedback and computer scientist, the things that are children pay for it. advise the President and Federal agen- going to help American workers be suc- Over and over and over again, the Re- cies with STEM programs to better in- cessful—not all of this foolishness that publicans claim that the tax cuts that form plans and budgets. The bill di- is wasting taxpayer money. It is a they are passing will pay for them- rects that STEM education efforts are great bill that actually prioritizes the selves. I came here in 1981. That was to be coordinated across the Federal taxpayer dollars of this country. I urge the claim. Under President Reagan, we Government to limit duplication. In- my colleagues to pass it. increased the debt 189 percent. dustry also recognizes the benefits of Ms. EDDIE BERNICE JOHNSON of The CHAIR. The time of the gen- STEM. This is evidenced by its support Texas. Mr. Chairman, I yield 3 minutes tleman has expired. of various STEM programs with equip- to the gentleman from Maryland (Mr. Ms. EDDIE BERNICE JOHNSON of ment, facilities, and volunteers. HOYER). Texas. I yield the gentleman from In my district alone, aerospace Mr. HOYER. I thank the gentle- Maryland an additional 1 minute. thrives with high-technical, high-pay- woman for yielding. ing jobs. Without STEM, without 1545 Mr. Chairman, I rise in opposition to b reaching out with STEM education, we the COMPETES Reauthorization Act, Mr. HOYER. Now, Bush did better don’t get those folks to jump in there. which is an attempt to disinvest, in my after 2001 and 2003. He only increased We have to talk about other things like view, in research, innovation, and edu- the deficit 87 percent, or almost three visas and bringing people in for these cation at a time when we ought to be times that increased under President types of jobs instead of working with investing in those areas even more Clinton; and none of the tax cuts ended our kids to get them educated and greatly. up paying for themselves, and Green- moving toward a good career. This bill places our competitiveness span said so. This bill provides for grants for re- at a serious risk over the long term. Since the beginning of this Congress, search on STEM programming that en- The public must be awfully confused, I Republicans have brought to the floor gages underrepresented students. understand, by both sides claiming and passed nine tax cuts. It is so easy Again, in my district, we have the Lan- that they are enhancing research. to vote for tax cuts. It is so hard to pay caster Robotics Team. It started more Many interest groups, however, dis- for what we are buying. And that is than 10 years ago. When it started, it agree with our Republican friends. why we have a deficit, because we do was about 2 percent women, or 2 per- I had hoped that this year’s COM- not pay for what we buy. cent girls; today it is over 40 percent. PETES legislation would have been Today the House is being asked to Forty percent of the Lancaster Robot- written so that we could continue the vote on another unpaid-for tax ex- tradition of the strong bipartisan sup- ics Team is girls working towards a tender that, on its own, would increase port that it received in 2007 and 2010. STEM degree, working towards an en- the deficit by $182 billion. That is a Overwhelmingly, Republicans voted for gineering degree, a mathematics de- total of $586 billion—over half a trillion these bills initially and the reauthor- gree, and a computer science degree. dollars—that Republicans are pro- ization. Again, aerospace brings many of the Unfortunately, the severe cuts and posing to add to the deficit this year. highest paying and most technical jobs partisan policy changes it makes pre- We have heard Republicans argue not just to my district, but to this clude that from happening. The Repub- that making the R&D tax credit per- country. licans who wrote this legislation have manent would benefit the economy. Mr. Chairman, STEM education is decided that they know better than The CHAIR. The time of the gen- not just a buzzword; it is something America’s scientists and innovators. tleman has again expired. that actually works. STEM education They arbitrarily pick and choose re- Ms. EDDIE BERNICE JOHNSON of is the lifeblood for what we do in a high search programs they like at the ex- Texas. Mr. Chairman, I yield the gen- technical society. If we don’t do it, pense of those they ideologically op- tleman an additional 1 minute. someone else will. We should do it pose—in other words, not peer review Mr. HOYER. They are right about right here in America. I ask for an but political review. And they cut key that, and I support the R&D being ‘‘aye’’ vote. areas of research far below the levels made permanent—if we pay for it. That Ms. EDDIE BERNICE JOHNSON of appropriated for fiscal year 2015, in- is a principle the American public ex- Texas. I yield 4 minutes to the gen- cluding the Manufacturing Extension pects us to pursue. Many Democrats tleman from New York (Mr. TONKO). Partnership program and R&D for re- agree as well. Mr. TONKO. I thank the gentle- newable energy technologies. However, what will be an even great- woman from Texas for yielding. How ironic that we have an R&D bill er benefit to the economy is for Con- Mr. Chair, I rise today in opposition on the floor and they are cutting R&D gress to set aside the misguided to H.R. 1806, the America COMPETES technology here. mantra that tax cuts pay for them- Reauthorization Act. The original

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.049 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3423 COMPETES Act was visionary in its The CHAIR. The time of the gen- ticularly when we are over $18 trillion commitment to increased R&D fund- tleman has expired. in debt. ing, and I strongly believe we should Ms. EDDIE BERNICE JOHNSON of Our bill cuts spending on lower pri- continue to increase funding for worth- Texas. Mr. Chairman, I yield the gen- ority government social and behavioral while investments in our Nation’s fu- tleman an additional 1 minute. programs at the National Science ture. However, I have serious concerns Mr. TONKO. This bill also makes Foundation by 45 percent, saving tax- with this bill that the majority has of- huge cuts to funding for Energy Effi- payer dollars and setting a higher pri- fered. ciency and Renewable Energy research ority on the harder sciences. The In 2010, as a member of the Science, and development as well as the funding American people want Washington to Space, and Technology Committee, I for ARPA-E. These cuts ignore the re- be responsible with their money, and had the opportunity to work on a truly ality that a modern society needs en- when Federal agencies get out of hand, bipartisan reauthorization of COM- ergy, and the only way we are going to they need to be reined in, and our bill PETES. We worked together and chose meet our energy challenge is through does just that. to make certain that we innovate and smart investments in research and de- I want to thank Chairman SMITH and we made certain that we would com- velopment. his staff for their hard work and lead- pete. Energy is essential to our economy, ership on this bill, and I ask my col- This year I returned to the Science, and if we pull back resources and do leagues to join me in supporting it. Space, and Technology Committee, ex- not invest, we will put our economic Ms. EDDIE BERNICE JOHNSON of cited to again work on a smart and tar- and national security at risk. We will Texas. Mr. Chairman, I yield 3 minutes geted COMPETES reauthorization. Un- also not meet the energy challenge if to the gentlewoman from Massachu- fortunately, there was no bipartisan we blindly ignore existing research and setts (Ms. CLARK). process, and the result is a bill that refuse to access the most up-to-date in- Ms. CLARK of Massachusetts. Mr. does not live up to the original COM- formation. Chairman, I thank the gentlewoman PETES vision. It would be more appro- We also cannot solve our budget def- from Texas for yielding. priately named the ‘‘America Con- icit with these types of cuts. In fact, Bentley University is a renowned cedes’’ bill. Why? Because at a time they are more likely to make the prob- business school in my district, and when the rest of the world is taking ex- lem worse. The best way to reduce our when a class from Bentley visited me traordinary steps to innovate, this bill budget deficit is by fostering new busi- just a few weeks ago, they were advo- would have America do the opposite. nesses and industries that generate cating for a critical underpinning of Its efforts are misguided, at the least. economic wealth, revenue, and jobs, our economy. These students came to Major areas of research are not ade- and the fuel for that task is research discuss the importance of funding the quately funded, and the policy changes and development. We are missing a geosciences in the NSF. Why? Because would take us in the wrong direction. it is good business. Mr. Chair, I am concerned by the ma- golden opportunity with this measure. These students and the business com- jority’s fixation on allocating funding For these reasons I urge a ‘‘no’’ vote on munity understand the critical role for NSF by directorate. This creates a this bill. that geoscience has in disaster resil- dangerous precedent in denying NSF Mr. SMITH of Texas. Mr. Chairman, ience, helping us to address drought, adequate flexibility and instead places this bill does not touch merit review. Mr. Chairman, I yield 2 minutes to looking at solar storms that can crip- political whims ahead of the need to ABIN), ple our electric grid, impacts on fish- independently foster true innovative the gentleman from Texas (Mr. B research. I am also concerned by the ef- who is a valuable member of the eries and ocean health, and in main- fort to impose political review on Science, Space, and Technology Com- taining agriculture and in healthy soil. Business leaders know that extreme NSF’s gold-standard merit review sys- mittee. Mr. BABIN. Mr. Chairman, I rise weather like hurricanes, droughts, tor- tem. The scientific community in our Nation and around the world agrees today in strong support of H.R. 1806, nadoes, and landslides result in billions that NSF’s review system works, and the America COMPETES Act. of dollars in damage, and by using Mr. Chairman, when the American works very well. So why would we what we learn from geoscience, we can people pay their taxes, they expect make it more difficult to encourage identify ways to mitigate these costs high risk, high rewards research? their tax dollars to be spent effectively and save us money. Business leaders Instead, we should be increasing re- and efficiently. Too often that has not understand this connection, so why search funding, providing NSF the ap- been the case across government, and doesn’t Congress? propriate flexibility to fund innovative there is nothing worse than seeing Rather than support investment in research, and we should be investing in taxes taken out of their paychecks and geoscience research, this legislation a sustained commitment to STEM edu- wasted. Not only is that fiscally irre- specifically targets it for drastic cuts cation. My district needs and deserves sponsible, it is insulting to the tax- in funding. Climate change is real. STEM as an education process. It payers. Human activity contributes to it, and doesn’t want simple buzzwords. It The bill before us is fiscally respon- it is bad for the bottom line. It is irre- wants a real STEM education effort. sible and takes important steps to cut sponsible for us to cut funding for re- As a nation, we are woefully under- wasteful spending. Traditionally, when search that helps us understand what is producing scientists and engineers. In the National Science Foundation was happening and how to address it. order to remain a competitive global mentioned, Americans thought of hard Adequately funding geoscience re- economic power in the 21st century, we sciences—basic research, advanced search is critical to protecting and must place a strong focus on STEM technologies in biology, engineering, growing our economy and to the secu- education. Instead, this bill provides mathematics, and the physical rity of the American people. Let’s vote flat funding for STEM education along sciences. It is investments in these for our economy, let’s vote for our se- with increased administrative burdens. fields that advance American tech- curity, and let’s reject this bill. That is not a commitment to STEM nology and help the United States Mr. SMITH of Texas. Mr. Chairman, I education. In practical terms, it is a maintain its competitive edge. yield myself 30 seconds. decrease in funding. Unfortunately, some recent National Mr. Chairman, as set forth in the re- I am also concerned by the cuts in Science Foundation expenditures have port that accompanied the Science, funding for the Manufacturing Exten- brought widespread criticism to the Space, and Technology Committee ap- sion Partnership program and by the NSF and its priorities. There was the proval of the America COMPETES Act, strike in funding for the National Net- expenditure, for example, of $856,000 on NSF will maintain full funding for re- work for Manufacturing Innovation, or a grant to teach three captive moun- search in the hard science areas of geo- NNMI. These initiatives are smart in- tain lions how to use a treadmill. NSF science like deep-ocean drilling and ge- vestments and opportunities for our spent another $387,000 on a mechanical ological research to find new energy re- Nation to truly collaborate, to com- device that simulates Swedish mas- sources. What our bill does do is reduce pete, and to be truly cutting-edge. This sages for rabbits. This is unquestion- funds that have been used by NSF to bill denies our American pioneer spirit. ably a waste of taxpayer money, par- fund low priorities like a survey of

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.050 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3424 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Norwegian tourism, teaching TV mete- records in terms of temperatures in re- This legislation increases govern- orologists about climate change, and corded history having occurred since ment accountability. It requires the creating climate change video games. 1980. We know that, in 2012, over 19 National Science Foundation grants Mr. Chairman, I yield 3 minutes to States broke the hottest records in meet a national interest standard and the gentleman from Texas (Mr. their States. More extreme weather to publicly justify why they should re- MCCAUL), my colleague and the chair- events and more weather uncertainty ceive taxpayer dollars. Requiring gov- man of the Homeland Security Com- affect not just red States and blue ernment agencies to prioritize the na- mittee. States and purple States, it affects all tional interest is common sense. It en- b 1600 of America. And that is why, last hances accountability to the American month, former Reagan Secretary of people. Mr. MCCAUL. Mr. Chairman, I rise State George Shultz wrote an op-ed in I am proud to be a cosponsor of the today in support of reauthorization of The Washington Post saying: Climate America COMPETES Act, and I urge the America COMPETES Act. In this my colleagues to vote ‘‘yes.’’ tough budget environment, I applaud change is happening. We need to take action on it, and we need to ensure our Ms. EDDIE BERNICE JOHNSON. I Chairman SMITH and the Science, reserve the balance of my time. future against climate change. He Space, and Technology Committee for Mr. SMITH of Texas. Mr. Chair, I crafting a bill that provides for much- called it the Reagan way. He said that have no other speakers at this time as needed investments in scientific re- is what President Reagan would have well, so I will reserve the balance of my search in a fiscally responsible manner. done. time. By setting priorities and eliminating As you know, this America COM- Ms. EDDIE BERNICE JOHNSON. Mr. duplicative activities, we are actually PETES Act, the funding for the hard Chair, I have no further requests for able to increase funding for new and science of the effects of climate speaking. promising research while keeping over- change, was put in place under Presi- I just urge everyone to vote ‘‘no’’ on all spending constant. dent Bush in 2007. Just today, our this bill, and I yield back the balance This bill is designed to secure Amer- President announced what the U.S. of time. ica’s premier status in scientific and military is saying about climate Mr. SMITH of Texas. Mr. Chairman, I technological advancement in several change. yield myself such time as I may con- ways. First, it improves our STEM edu- I served on Active Duty in the United sume. cation programs by adding computer States Air Force. I am now 19 years in Our colleagues on the other side of sciences to the definition of STEM edu- with the Reserves. One of the amazing the aisle today would have you believe cation, which will allow these pro- strengths of America is that our mili- that the only way you can be pro- grams to be used to train the next gen- tary is nonpartisan, nonideological; science is to spend more taxpayer eration of high-tech workers and cyber- and our military takes the world as it money than the Budget Control Act al- security professionals. As our high- is, not as they hope it to be. Our mili- lows. That is irresponsible. If everything is a priority, then noth- tech sector continues to expand in tary does not live in a fantasy world, ing is. Real priorities require making places like my hometown of Austin, it and they understand that climate real choices. is important to make sure that we are change is happening. They know it is a national security threat. They are tell- If synthetic biology research at NSF producing enough qualified workers to is a priority, we should stop using the fill these jobs. ing the American public we need to act on climate change now because we American people’s tax dollars to fund Second, this bill also helps research- reviews of animal photographs in Na- ers at our national labs commercialize can’t have flooding of our bases; we can’t have droughts and more severe tional Geographic magazine. If robotics their discoveries by removing bureau- and batteries are priorities, we should cratic obstacles. This will bring inno- weather events that cause conflicts in all the parts of the world. not continue to spend taxpayer dollars vative new products to market faster, on climate change musicals. encouraging job creation and private So I ask the American public to trust former Reagan Secretary of State H.R. 1806 proves that we can set pri- sector investment. orities, make tough choices, and still George Shultz, trust President Bush, Most importantly, the America COM- invest more in breakthrough research trust our United States military who PETES Reauthorization Act provides a and innovation. substantial increase in funding for re- are saying climate change is a prob- I thank the members of the Science search activities at the National lem. Keep in mind, our military relies Committee who provided valuable Science Foundation, the National In- on hard science and technology and all input into H.R. 1806, the America COM- stitute of Standards and Technology, that makes this world possible. So PETES Reauthorization Act of 2015; and the Department of Energy. This trust our military, and trust everyone and that includes the cosponsors of the will allow the scientists at our univer- who has looked at it. Please reject the bill: Committee Vice Chairman FRANK sities, such as the University of Texas, America COMPETES Act because we LUCAS; all of our subcommittee chairs, to advance our understanding of the need to deal with climate change. We BARBARA COMSTOCK, RANDY WEBER, physical world and provide the founda- need to deal with it now. BARRY LOUDERMILK, and JIM tion for future innovations by business Mr. SMITH of Texas. Mr. Chairman, I BRIDENSTINE; as well as Representa- and new entrepreneurs. yield 1 minute to the gentleman from tives STEVE PALAZZO, RANDY I urge strong support of this bill. Michigan (Mr. MOOLENAAR), who is a HULTGREN, STEVE KNIGHT, BRIAN Ms. EDDIE BERNICE JOHNSON. Mr. member of the Science Committee and BABIN, and JOHN MOOLENAAR. Chairman. I yield 3 minutes to the gen- also a vice chairman of the Research I urge the adoption of this pro- tleman from California (Mr. TED LIEU). and Technology Subcommittee. science, fiscally responsible bill. Mr. TED LIEU of California. Mr. Mr. MOOLENAAR. Mr. Chairman, Mr. Chairman, I would like to enter Chairman, I rise today to oppose the the America COMPETES Act is good into the RECORD an exchange of letters America COMPETES Act in part be- legislation that will help build a better between the Committee on Science, cause it cuts over $62 million of fund- future for our country. The COM- Space, and Technology and the Com- ing to the hard science of studying the PETES Act expands the definition of mittees on Education and the Work- effects of climate change. STEM education to include computer force, Oversight and Government Re- The effects of climate change are not science. form, and Energy and Commerce. a partisan issue. We know that our sea According to the Bureau of Labor HOUSE OF REPRESENTATIVES, COM- levels have risen by over 6.7 inches in Statistics, for every computer science MITTEE ON EDUCATION AND THE the last century, and they have accel- graduate between 2013 and 2023, there WORKFORCE erated in the last decade. Rising sea will be two jobs available. That is why Washington, DC, May 4, 2015. levels affect not just Democratic dis- programs in my district like Go IT, of- Hon. LAMAR SMITH, fered free of charge to middle and high Chairman, Committee on Science, Space, and tricts; it also affects Republican dis- Technology, House of Representatives, tricts. school students, are so important to Washington, DC. We can measure with precision that creating career awareness in computer DEAR MR. CHAIRMAN: I am writing to con- we have had, over 20 years, the hottest science and other STEM fields. firm our mutual understanding with respect

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.051 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3425 to H.R. 1806, the America COMPETES Reau- the Committee on Oversight and Govern- and in the Congressional Record during the thorization Act of 2015. Thank you for con- ment Reform will forego action on the bill. floor consideration of this bill. Thank you sulting with the Committee on Education The Committee takes this action with our again for your cooperation. and the Workforce with regard to H.R. 1806 mutual understanding that by foregoing con- Sincerely, on those matters within the Committee’s ju- sideration of H.R. 1806 at this time, we do LAMAR SMITH, risdiction. not waive any jurisdiction over the subject Chairman. In the interest of expediting the House’s matter contained in this or similar legisla- consideration of H.R. 1806, the Committee on tion. Further, I request your support for the HOUSE OF REPRESENTATIVES, COM- Education and the Workforce will forgo fur- appointment of conferees from the Com- MITTEE ON ENERGY AND COM- ther consideration of this bill. However, I do mittee on Oversight and Government Reform MERCE, so only with the understanding this proce- during any House-Senate conference con- Washington, DC, May 11, 2015. dural route will not be construed to preju- vened on this or related legislation. Hon. LAMAR SMITH, dice my Committee’s jurisdictional interest Finally, I would ask that a copy of our ex- Chairman, Committee on Science, Space, and and prerogatives on this bill or any other change of letters on this matter be included Technology, Rayburn House Office Build- similar legislation and will not be considered in the bill report filed by the Committee on ing, Washington, DC. as precedent for consideration of matters of Science, Space, and Technology, as well as in DEAR CHAIRMAN SMITH: I write in regard to jurisdictional interest to my Committee in the Congressional Record during floor con- H.R. 1806, America COMPETES Reauthoriza- the future. sideration, to memorialize our under- tion Act of 2015. As you are aware, the bill I respectfully request your support for the standing. was referred to the Committee on Science, appointment of outside conferees from the Sincerely, Space, and Technology, but the Committee Committee on Education and the Workforce JASON CHAFFETZ, on Energy and Commerce has a jurisdic- should this bill or a similar bill be consid- Chairman. tional interest in the bill. I wanted to notify ered in a conference with the Senate. I also you that the Committee on Energy and Com- request you include our exchange of letters HOUSE OF REPRESENTATIVES, COM- merce will forgo requesting a sequential re- on this matter in the Committee Report on MITTEE ON SCIENCE, SPACE, AND ferral on the bill so that it may proceed ex- H.R. 1806 and in the Congressional Record TECHNOLOGY, peditiously to the House floor for consider- during consideration of this bill on the house Washington, DC, May 4, 2015. ation. Floor. Thank you for your attention to these Hon. JASON CHAFFETZ, This is done with the understanding that matters. Chairman, Committee on Oversight and Govern- the Committee on Energy and Commerce’s Sincerely, ment Reform, Rayburn House Office Build- jurisdictional interests over this and similar JOHN KLINE, ing, Washington, DC. legislation are in no way diminished or al- Chairman. DEAR MR. CHAIRMAN: Thank you for your tered. In addition, the Committee reserves letter regarding the Committee on Oversight the right to seek conferees on H.R. 1806 and HOUSE OF REPRESENTATIVES, COM- and Government Reform’s jurisdictional in- requests your support when such a request is MITTEE ON SCIENCE, SPACE, AND terest in H.R. 1806, the ‘‘America COM- made. TECHNOLOGY, PETES Reauthorization Act of 2015,’’ and I would appreciate your response con- Washington, DC, May 4, 2015. your willingness to forego consideration of firming this understanding with respect to Hon. JOHN KLINE, H.R. 1806 by your committee. H.R. 1806 and ask that a copy of our ex- Chairman, Committee on Education and the I agree that the Committee on Oversight change of letters on this matter be included Workforce, Rayburn House Office Building, and Government Reform has a valid jurisdic- in the Congressional Record during consider- Washington, DC. tional interest in certain provisions of H.R. ation of the bill on the House floor. DEAR MR. CHAIRMAN: Thank you for your 1806, and that the Committee’s jurisdiction Sincerely, letter regarding the Committee on Edu- will not be adversely affected by your deci- FRED UPTON, cation and the Workforce’s jurisdictional in- sion to forego consideration of H.R. 1806. As Chairman. terest in H.R. 1806, the ‘‘America COM- you have requested, I will support your re- Mr. SMITH of Texas. Mr. Chairman, I PETES Reauthorization Act of 2015,’’ and quest for an appropriate appointment of out- your willingness to forego consideration of side conferees from your Committee in the yield back the balance of my time. H.R. 1806 by your committee. event of a House-Senate conference on this Mrs. CAPPS. Mr. Chair, I would like to sub- I agree that the Committee on Education or similar legislation should such a con- mit for the RECORD my strong opposition to and the Workforce has a valid jurisdictional ference be convened. H.R. 1806, the America COMPETES Reau- interest in certain provisions of H.R. 1806, Finally, I will include a copy of your letter thorization Act of 2015. and that the Committee’s jurisdiction will and this response in the Committee Report This harmful bill undermines key invest- not be adversely affected by your decision to and in the Congressional Record during the ments in science and innovation, as well as forego consideration of H.R. 1806. As you floor consideration of this bill. Thank you our nation’s commitment to world class re- have requested, I will support your request again for your cooperation. for an appropriate appointment of outside Sincerely, search, including the research that is taking conferees from your Committee in the event LAMAR SMITH, place in my congressional district on the Cen- of a House-Senate conference on this or simi- Chairman, tral Coast of California. lar legislation should such a conference be Specifically, this bill cuts several important convened. HOUSE OF REPRESENTATIVES, COM- programs at NSF, including research and de- Finally, I will include a copy of your letter MITTEE ON SCIENCE, SPACE, AND velopment related to climate science, natural and this response in the Committee Report TECHNOLOGY, hazards, and renewable energy. and in the Congressional Record during the Washington, DC, May 12, 2015. Furthermore, H.R. 1806 cripples support for floor consideration of this bill. Thank you Hon. FRED UPTON, international research collaborations—an in- again for your cooperation. Chairman, Committee on Energy and Commerce, Sincerely, Rayburn House Office Building, Wash- strumental tool at UC Santa Barbara, which LAMAR SMITH, ington, DC. has led to groundbreaking research and pro- Chairman. DEAR MR. CHAIRMAN: Thank you for your duced multiple Nobel Prize winners. letter regarding the Committee on Energy As we move to affirm our nation’s leader- HOUSE OF REPRESENTATIVES, COM- and Commerce’s jurisdictional interest in ship in science and technology, we should be MITTEE ON OVERSIGHT AND GOV- H.R. 1806, the ‘‘America COMPETES Reau- working in a bipartisan manner to strengthen ERNMENT REFORM, thorization Act of 2015,’’ and your willing- our investments in scientific research—not Washington, DC, May 4, 2015. ness to forego consideration of H.R. 1806 by weaken them. Hon. LAMAR SMITH, your committee. Chairman, Committee on Science, Space, and I agree that the Committee on Energy and This bill is sadly a step backward for Amer- Technology, Rayburn HOB, Washington, Commerce has a valid jurisdictional interest ican innovation, and I urge my colleagues to DC. in certain provisions of H.R. 1806, and that oppose H.R. 1806. DEAR MR. CHAIRMAN: I write concerning the Committee’s jurisdiction will not be ad- The Acting CHAIR (Mr. POE of H.R. 1806, the America COMPETES Reau- versely affected by your decision to forego Texas). All time for general debate has thorization Act of 2015. As you know, the consideration of H.R. 1806. As you have re- expired. Committee on Science, Space, and Tech- quested, I will support your request for an Pursuant to the rule, the bill shall be nology received an original referral and the appropriate appointment of outside con- considered for amendment under the 5- Committee on Oversight and Government ferees from your Committee in the event of minute rule. Reform a secondary referral when the bill a House-Senate conference on this or similar was introduced on April 15, 2015. I recognize legislation should such a conference be con- In lieu of the amendment in the na- and appreciate your desire to bring this leg- vened. ture of a substitute recommended by islation before the House of Representatives Finally, I will include a copy of your letter the Committee on Science, Space, and in an expeditious manner, and accordingly, and this response in the Committee Report Technology, printed in the bill, it shall

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.030 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3426 CONGRESSIONAL RECORD — HOUSE May 20, 2015 be in order to consider as an original Sec. 402. Standards and conformity assessment. Subtitle F—Advanced Research Projects bill for the purpose of amendment Sec. 403. Visiting Committee on Advanced Tech- Agency–Energy under the 5-minute rule an amendment nology. Sec. 671. ARPA–E amendments. Sec. 404. Police and security authority. Subtitle G—Authorization of Appropriations in the nature of a substitute consisting Sec. 405. Education and outreach. of the text of Rules Committee Print Sec. 406. Programmatic planning report. Sec. 681. Authorization of appropriations. 114–15. That amendment in the nature Sec. 407. Assessments by the National Research Subtitle H—Definitions of a substitute shall be considered as Council. Sec. 691. Definitions. Sec. 408. Hollings Manufacturing Extension read. TITLE VII—DEPARTMENT OF ENERGY Partnership. The text of the amendment in the na- TECHNOLOGY TRANSFER ture of a substitute is as follows: Sec. 409. Elimination of obsolete reports. Sec. 410. Modifications to grants and coopera- Subtitle A—In General H.R. 1806 tive agreements. Sec. 701. Definitions. Be it enacted by the Senate and House of Rep- Sec. 411. Information systems standards con- Sec. 702. Savings clause. resentatives of the United States of America in sultation. Subtitle B—Innovation Management at Congress assembled, Sec. 412. United States-Israeli cooperation. Department of Energy SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE V—DEPARTMENT OF ENERGY Sec. 711. Under Secretary for Science and En- (a) SHORT TITLE.—This Act may be cited as SCIENCE ergy. the ‘‘America COMPETES Reauthorization Act Sec. 501. Mission. Sec. 712. Technology transfer and transitions of 2015’’. Sec. 502. Basic energy sciences. assessment. (b) TABLE OF CONTENTS.—The table of con- Sec. 503. Advanced scientific computing re- Sec. 713. Sense of Congress. tents for this Act is as follows: search. Sec. 714. Nuclear energy innovation. Sec. 1. Short title; table of contents. Sec. 504. High energy physics. Subtitle C—Cross-Sector Partnerships and Sec. 2. Definitions. Sec. 505. Biological and environmental re- Grant Competitiveness TITLE I—NATIONAL SCIENCE FOUNDATION search. Sec. 506. Fusion energy. Sec. 721. Agreements for Commercializing Tech- Sec. 101. Authorization of appropriations. Sec. 507. Nuclear physics. nology pilot program. Sec. 102. Findings. Sec. 508. Science laboratories infrastructure Sec. 722. Public-private partnerships for com- Sec. 103. Policy objectives. program. mercialization. Sec. 104. Definitions. Sec. 509. Domestic manufacturing. Sec. 723. Inclusion of early-stage technology Sec. 105. Accountability and transparency. Sec. 510. Authorization of appropriations. demonstration in authorized tech- Sec. 106. Greater accountability in Federal Sec. 511. Definitions. nology transfer activities. Sec. 724. Funding competitiveness for institu- funding for research. TITLE VI—DEPARTMENT OF ENERGY tions of higher education and Sec. 107. Obligation of major research equip- APPLIED RESEARCH AND DEVELOPMENT ment and facilities construction other nonprofit institutions. funds. Subtitle A—Crosscutting Research and Sec. 725. Participation in the Innovation Corps Sec. 108. Management and oversight of large fa- Development program. cilities. Sec. 601. Crosscutting research and develop- Subtitle D—Assessment of Impact ment. Sec. 109. Whistleblower education. Sec. 731. Report by Government Accountability Sec. 602. Strategic research portfolio analysis Sec. 110. Graduate student support. Office. Sec. 111. Permissible support. and coordination plan. Sec. 112. Expanding STEM opportunities. Sec. 603. Strategy for facilities and infrastruc- TITLE VIII—SENSE OF CONGRESS Sec. 113. Review of education programs. ture. Sec. 801. Sense of Congress. Sec. 114. Recompetition of awards. Subtitle B—Electricity Delivery and Energy SEC. 2. DEFINITIONS. Sec. 115. Sense of the Congress regarding indus- Reliability Research and Development In this Act— try investment in STEM edu- Sec. 611. Distributed energy and electric energy (1) the term ‘‘STEM’’ means the subjects of cation. systems. science, technology, engineering, and mathe- Sec. 116. Misrepresentation of research results. Sec. 612. Electric transmission and distribution matics; Sec. 117. Research reproducibility and replica- research and development. (2) the term ‘‘STEM education’’ means edu- tion. cation in the subjects of STEM, including com- Subtitle C—Nuclear Energy Research and Sec. 118. Research grant conditions. puter science; and Development Sec. 119. Computing resources study. (3) the term ‘‘Committee on STEM Education’’ Sec. 120. Scientific breakthrough prizes. Sec. 621. Objectives. means the Committee on Science, Technology, Sec. 121. Rotating personnel. Sec. 622. Program objectives study. Engineering, and Mathematics Education estab- Sec. 122. Sense of Congress regarding Innova- Sec. 623. Nuclear energy research and develop- lished under section 101 of the America COM- tion Corps. ment programs. PETES Reauthorization Act of 2010 (42 U.S.C. Sec. 123. Brain Research through Advancing Sec. 624. Small modular reactor program. 6621). Innovative Neurotechnologies Ini- Sec. 625. Fuel cycle research and development. Sec. 626. Nuclear energy enabling technologies TITLE I—NATIONAL SCIENCE tiative. FOUNDATION Sec. 124. Noyce scholarship program amend- program. ments. Sec. 627. Technical standards collaboration. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 125. Informal STEM education. Sec. 628. Available facilities database. (a) FISCAL YEAR 2016.— Sec. 126. Experimental Program to Stimulate Sec. 629. Nuclear waste disposal. (1) IN GENERAL.—There are authorized to be Competitive Research. Subtitle D—Energy Efficiency and Renewable appropriated to the Foundation $7,597,140,000 Energy Research and Development for fiscal year 2016. TITLE II—SCIENCE, TECHNOLOGY, (2) SPECIFIC ALLOCATIONS.—Of the amount Sec. 641. Energy efficiency. ENGINEERING, AND MATHEMATICS authorized by paragraph (1)— Sec. 642. Next Generation Lighting Initiative. Sec. 201. Findings; sense of Congress. (A) $6,186,300,000 shall be made available to Sec. 643. Building standards. Sec. 202. STEM Education Advisory Panel. carry out research and related activities, includ- Sec. 644. Secondary electric vehicle battery use Sec. 203. Committee on STEM Education. ing— program. Sec. 204. STEM Education Coordinating Office. (i) $834,800,000 for the Biological Science Di- Sec. 645. Network for Manufacturing Innova- rectorate; TITLE III—OFFICE OF SCIENCE AND tion Program. (ii) $1,050,000,000 for the Computer and Infor- TECHNOLOGY POLICY Sec. 646. Advanced Energy Technology Trans- mation Science and Engineering Directorate; Sec. 301. Authorization of appropriations. fer Centers. (iii) $1,034,000,000 for the Engineering Direc- Sec. 302. Regulatory efficiency. Sec. 647. Renewable energy. torate; Sec. 303. Coordination of international science Sec. 648. Bioenergy program. (iv) $1,200,000,000 for the Geosciences Direc- and technology partnerships. Sec. 649. Concentrating solar power research torate; Sec. 304. Alternative research funding models. program. (v) $1,500,000,000 for the Mathematical and Sec. 305. Amendments to prize competitions. Sec. 650. Renewable energy in public buildings. Physical Science Directorate; Sec. 306. United States Chief Technology Offi- Subtitle E—Fossil Energy Research and (vi) $150,000,000 for the Social, Behavioral, cer. Development and Economics Directorate, of which $50,000,000 Sec. 307. National Research Council study on Sec. 661. Fossil energy. shall be for the National Center for Science and technology for emergency notifi- Sec. 662. Coal research, development, dem- Engineering Statistics; cations on university campuses. onstration, and commercial appli- (vii) $38,520,000 for the Office of International TITLE IV—NATIONAL INSTITUTE OF cation programs. Science and Engineering; STANDARDS AND TECHNOLOGY Sec. 663. High efficiency gas turbines research (viii) $377,500,000 for Integrative Activities; Sec. 401. Authorization of appropriations. and development. and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\K20MY7.055 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3427 (ix) $1,480,000 for the United States Arctic (9) The Foundation carries out important operative international relationships with pre- Commission; functions by supporting basic research in all mier research institutions. (B) $866,000,000 shall be made available for science and engineering disciplines and in sup- (2) To increase overall workforce skills by— education and human resources; porting STEM education at all levels. (A) improving the quality of STEM education (C) $200,310,000 shall be made available for (10) The research and education activities of and tools provided both inside and outside of major research equipment and facilities con- the Foundation promote the discovery, integra- the classroom, including in kindergarten struction; tion, dissemination, and application of new through grade 12; and (D) $325,000,000 shall be made available for knowledge in service to society and prepare fu- (B) expanding STEM training opportunities agency operations and award management; ture generations of scientists, mathematicians, at institutions of higher education. (E) $4,370,000 shall be made available for the and engineers who will be necessary to ensure (3) To strengthen innovation by expanding Office of the National Science Board; and America’s leadership in the global marketplace. the focus of competitiveness and innovation at (F) $15,160,000 shall be made available for the (11) Many of the complex problems and chal- the regional and local level. Office of Inspector General. lenges facing the Nation increasingly require SEC. 104. DEFINITIONS. (b) FISCAL YEAR 2017.— the collaboration of multiple scientific dis- In this title: (1) IN GENERAL.—There are authorized to be ciplines. The Foundation should continue to (1) BOARD.—The term ‘‘Board’’ means the Na- appropriated to the Foundation $7,597,140,000 emphasize cross-directorate research collabora- tional Science Board. for fiscal year 2017. tion and activities to address these issues and (2) DIRECTOR.—The term ‘‘Director’’ means (2) SPECIFIC ALLOCATIONS.—Of the amount encourage interdisciplinary research. the Director of the Foundation. authorized by paragraph (1)— (12) The Foundation should meet the highest (3) FOUNDATION.—The term ‘‘Foundation’’ (A) $6,186,300,000 shall be made available to standards of efficiency, transparency, and ac- means the National Science Foundation estab- carry out research and related activities, includ- countability in its stewardship of public funds. lished under section 2 of the National Science ing— (13) The Foundation is charged with the re- Foundation Act of 1950 (42 U.S.C. 1861). (i) $834,800,000 for the Biological Science Di- sponsibilities— (4) INSTITUTION OF HIGHER EDUCATION.—The rectorate; (A) to develop and encourage the pursuit of a term ‘‘institution of higher education’’ has the (ii) $1,050,000,000 for the Computer and Infor- national policy for the promotion of basic re- meaning given such term in section 101(a) of the mation Science and Engineering Directorate; search and education in the sciences; Higher Education Act of 1965 (20 U.S.C. (iii) $1,034,000,000 for the Engineering Direc- (B) to initiate, support, and conduct basic sci- 1001(a)). torate; entific research and to appraise the impact of (5) STATE.—The term ‘‘State’’ means one of (iv) $1,200,000,000 for the Geosciences Direc- research on industrial development and the gen- the several States, the District of Columbia, the torate; eral welfare; Commonwealth of Puerto Rico, the Virgin Is- (v) $1,500,000,000 for the Mathematical and (C) to initiate, support, and conduct scientific lands, Guam, American Samoa, the Common- Physical Science Directorate; research activities in connection with matters wealth of the Northern Mariana Islands, or any (vi) $150,000,000 for the Social, Behavioral, relating to the national defense, at the request other territory or possession of the United and Economics Directorate, of which $50,000,000 of the Secretary of Defense; States. shall be for the National Center for Science and (D) to award scholarships and graduate fel- (6) UNITED STATES.—The term ‘‘United States’’ Engineering Statistics; lowships in the sciences; means the several States, the District of Colum- (vii) $38,520,000 for the Office of International bia, the Commonwealth of Puerto Rico, the Vir- Science and Engineering; (E) to foster the interchange of scientific in- formation among scientists and across scientific gin Islands, Guam, American Samoa, the Com- (viii) $377,500,000 for Integrative Activities; monwealth of the Northern Mariana Islands, and disciplines; (F) to evaluate scientific research programs and any other territory or possession of the (ix) $1,480,000 for the United States Arctic United States. Commission; undertaken by agencies of the Federal Govern- ment, and to correlate the Foundation’s sci- SEC. 105. ACCOUNTABILITY AND TRANSPARENCY. (B) $866,000,000 shall be made available for It is the sense of Congress that— education and human resources; entific research with that undertaken by indi- viduals and by public and private research (1) sustained, predictable Federal funding is (C) $200,310,000 shall be made available for essential to United States leadership in science major research equipment and facilities con- groups; (G) to communicate effectively to American and technology; struction; (2) building understanding of and confidence (D) $325,000,000 shall be made available for citizens the relevance of public investments in scientific discovery and technological innova- in investments in basic research are essential to agency operations and award management; public support for sustained, predictable Federal (E) $4,370,000 shall be made available for the tion to the Nation’s security, prosperity, and welfare; and funding; and Office of the National Science Board; and (3) the Foundation should commit itself fully (F) $15,160,000 shall be made available for the (H) to establish such special commissions as the Board considers necessary. to transparency and accountability and to Office of Inspector General. clear, consistent public communication regard- SEC. 102. FINDINGS. (14) The emerging global economic, scientific, and technical environment challenges long ing the national interest for each Foundation- Congress finds the following: standing assumptions about domestic and inter- awarded grant and cooperative agreement. (1) Taxpayer-supported research investments SEC. 106. GREATER ACCOUNTABILITY IN FED- administered by the Foundation should serve national policy, requiring the Foundation to play a more proactive role in sustaining the ERAL FUNDING FOR RESEARCH. the national interest. (a) STANDARD FOR AWARD OF GRANTS.—The (2) The Foundation has made major contribu- competitive advantage of the United States through superior research capabilities. Foundation shall award Federal funding for tions for more than 60 years to strengthen and basic research and education in the sciences SEC. 103. POLICY OBJECTIVES. sustain the Nation’s academic research enter- through a new research grant or cooperative prise. In allocating resources made available under agreement only if an affirmative determination (3) The economic strength and national secu- this title, the Foundation shall have the fol- is made by the Foundation under subsection (b) rity of the United States, and the quality of life lowing policy objectives: and written justification relating thereto is pub- of all Americans, are grounded in the Nation’s (1) To renew and maintain the Nation’s inter- lished under subsection (c). scientific and technological capabilities. national leadership in science and technology (b) DETERMINATION.—A determination re- (4) Providing support for basic research is an by— ferred to in subsection (a) is a justification by investment in our Nation’s future security and (A) increasing the national investment in the responsible Foundation official as to how economic prosperity. basic scientific research and increasing inter- the research grant or cooperative agreement pro- (5) Congress applauds the Foundation’s rec- disciplinary investment in strategic areas vital motes the progress of science in the United ognition that wise stewardship of taxpayer dol- to the national interest; States, consistent with the Foundation mission lars is necessary to maintain and ensure the (B) balancing the Nation’s research portfolio as established in the National Science Founda- public’s trust for funding of fundamental sci- among the life sciences, mathematics, the phys- tion Act of 1950 (42 U.S.C. 1861 et seq.), and fur- entific and engineering research. ical sciences, computer and information science, ther— (6) Other nations are increasing their public geosciences, engineering, and social, behavioral, (1) is worthy of Federal funding; and investments in basic research in the physical and economic sciences, all of which are impor- (2) is in the national interest, as indicated by sciences in order to boost long-term economic tant for the continued development of enabling having the potential to achieve— growth. technologies necessary for sustained economic (A) increased economic competitiveness in the (7) Longstanding United States leadership in competitiveness; United States; supercomputing, genomics, nanoscience, (C) encouraging investments in potentially (B) advancement of the health and welfare of photonics, quantum physics, and other key transformative scientific research to benefit our the American public; technological areas is jeopardized if United Nation and its citizens; (C) development of an American STEM work- States investments in basic research in the nat- (D) expanding the pool of scientists and engi- force that is globally competitive; ural sciences do not keep pace. neers in the United States, including among seg- (D) increased public scientific literacy and (8) Redundant regulations and reporting re- ments of the population that have been histori- public engagement with science and technology quirements imposed by Federal agencies on re- cally underrepresented in STEM fields; and in the United States; search institutions and researchers increase (E) modernizing the Nation’s research infra- (E) increased partnerships between academia costs by tens of millions of dollars annually. structure and establishing and maintaining co- and industry in the United States;

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3428 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (F) support for the national defense of the and a report reforming the Foundation’s policies Foundation managers and staff on the require- United States; or on financial management of major multi-user re- ments of such section 4712, and provide informa- (G) promotion of the progress of science in the search facilities, including a description of any tion on the law to all grantees, contractors, and United States. aspects of the policies that diverge from the best employees of such grantees and contractors. (c) WRITTEN JUSTIFICATION.—Public an- practices recommended in Government Account- SEC. 110. GRADUATE STUDENT SUPPORT. nouncement of each award of Federal funding ability Office Report GAO-09-3SP and the Uni- (a) SENSE OF CONGRESS.—It is the sense of described in subsection (a) shall include a writ- form Guidance in 2 C.F.R. Part 200. Congress that the essential elements of the NSF ten justification from the responsible Founda- (3) MANAGEMENT FEES.— Research Traineeship Program, formerly the In- tion official as to how a grant or cooperative (A) DEFINITION.—In this paragraph, the term tegrative Graduate Education and Research agreement meets the requirements of subsection ‘‘management fee’’ means a portion of an award Traineeship program, (or any successor thereto) (b). made by the Foundation for the purpose of cov- should be maintained, including— (d) IMPLEMENTATION.—A determination under ering ordinary and necessary business expenses (1) collaborative research that transcends tra- subsection (b) shall be made after a research necessary to maintain operational stability ditional disciplinary boundaries to solve large grant or cooperative agreement proposal has which are not otherwise allowable under Cost and complex research problems of significant satisfied the Foundation’s reviews for Merit and Principles Uniform Guidance in 2 C.F.R. part scientific and societal importance; and Broader Impacts. Nothing in this section shall 200, Subpart E, , or any successor regulation (2) providing students the opportunity to be- be construed as altering the Foundation’s intel- thereto. come leaders in the science and engineering of lectual merit or broader impacts criteria for (B) LIMITATION.—The Foundation may pro- the future. evaluating grant applications. vide management fees under an award only if (b) MODELS FOR SUPPORT.—The Director shall SEC. 107. OBLIGATION OF MAJOR RESEARCH the awardee has demonstrated that it has lim- enter into an agreement with the National Re- EQUIPMENT AND FACILITIES CON- ited or no other financial resources for covering search Council to convene a workshop or round- STRUCTION FUNDS. the expenses for which the management fees are table to examine models of Federal support for No funds may be obligated for a fiscal year for sought. STEM graduate students, including the Foun- a construction project for the Foundation that (C) FINANCIAL INFORMATION.—The Founda- dation’s Graduate Research Fellowship program has not commenced before the date of enactment tion shall require award applicants to provide and comparable fellowship programs at other of this Act until 30 days after the report re- income and financial information covering a pe- agencies, traineeship programs, and the re- quired with respect to each such fiscal year riod of no less than three prior years (or in the search assistant model. under section 14(a)(2) of the National Science case of an entity established less than three (c) PURPOSE.—The purpose of the workshop or Foundation Authorization Act of 2002 (42 U.S.C. years prior to the entity’s application date, the roundtable shall be to compare and evaluate the 1862n–4(a)(2)) is transmitted to the Congress. period beginning on the date of establishment extent to which each of these models helps to SEC. 108. MANAGEMENT AND OVERSIGHT OF and ending on the application date), including prepare graduate students for diverse careers LARGE FACILITIES. cash on hand and net asset information, in sup- utilizing STEM degrees, including at diverse (a) LARGE FACILITIES OFFICE.—The Director port of a request for management fees. The types of institutions of higher education, in in- shall maintain a Large Facilities Office within Foundation shall also require awardees to re- dustry, and at government agencies and re- the Office of the Director. The functions of the port to the Foundation, within 30 days of re- search laboratories, and to make recommenda- Large Facilities Office shall be to support the ceipt, any sources of non-Federal funds received tions regarding— research directorates in the development, imple- in excess of $50,000 during the award period. (1) how current Federal programs and models, mentation, and assessment of major multi-user (D) EXPENSE REPORTING.—The Foundation including programs and models at the Founda- research facilities, including by— shall require awardees to track and report to the tion, can be improved; (1) serving as the Foundation’s primary re- Foundation annually all expenses reimbursed or (2) the appropriateness of the current distribu- source for all policy or process issues related to otherwise paid for with management fee funds, tion of funding among the different models at the development and implementation of major in accordance with Federal accounting practices the Foundation and across the agencies; and multi-user research facilities; as established in Government Accountability Of- (3) the appropriateness of creating a new edu- (2) serving as a Foundation-wide resource on fice Report GAO-12-331G, or any successor re- cation and training program for graduate stu- project management, including providing expert port thereto. dents distinct from programs that provide direct assistance on nonscientific and nontechnical as- (E) AUDITS.—The Inspector General of the financial support, including the grants author- pects of project planning, budgeting, implemen- Foundation may audit any Foundation award ized in section 527 of the America COMPETES tation, management, and oversight; for compliance with this paragraph. Reauthorization Act of 2010 (42 U.S.C. 1862p-15). (3) coordinating and collaborating with re- (F) PROHIBITED USES.—An awardee may not (d) CRITERIA.—At a minimum, in comparing search directorates to share best management use management fees for— programs and models, the workshop or round- practices and lessons learned from prior (i) costs allowable under Cost Principles Uni- table participants shall consider the capacity of projects; and form Guidance in 2 C.F.R. part 200, Subpart E, such programs or models to provide students (4) assessing projects during preconstruction or any successor regulation thereto; with knowledge and skills— and construction phases for cost and schedule (ii) alcoholic beverages; (1) to become independent, creative, successful risk. (iii) tickets to concerts, or sporting and other researchers; (b) OVERSIGHT OF LARGE FACILITIES.—The Di- entertainment events; (2) to participate in large interdisciplinary re- rector shall appoint a senior agency official (iv) vacation or other travel for nonbusiness search projects, including in an international within the Office of the Director whose primary purposes; context; responsibility is oversight of major multi-user re- (v) charitable contributions; (3) to adhere to the highest standards for re- search facilities. The duties of this official shall (vi) social or sporting club memberships; search ethics; include— (vii) meals for nonbusiness purposes; (4) to become high-quality teachers utilizing (1) oversight of the development, construction, (viii) luxury or personal items; the most currently available evidence-based ped- and operation of major multi-user research fa- (ix) lobbying, as described in the Uniform agogy; cilities across the Foundation; Guidance at 2 C.F.R. 200.450; or (5) in oral and written communication, to both (2) in collaboration with the directors of the (x) any other purpose the Foundation deter- technical and nontechnical audiences; research directorates and other senior agency mines is inappropriate. (6) in innovation, entrepreneurship, and busi- officials as appropriate, ensuring that the re- (G) REVIEW.—The Foundation shall review ness ethics; and quirements of section 14(a) of the National management fee usage under each Foundation (7) in program management. Science Foundation Authorization Act of 2002 award on at least an annual basis for compli- (e) GRADUATE STUDENT INPUT.—The partici- are satisfied; ance with this paragraph and the Foundation’s pants in the workshop or roundtable shall in- (3) serving as a liaison to the National Science Large Facilities Manual. clude current or recent STEM graduate stu- Board for approval and oversight of major (4) REPORT.—Not later than 12 months after dents. multi-user research facilities; and the date of enactment of this Act, the Director (f) REPORT.—Not later than 1 year after the (4) periodically reviewing and updating as shall submit to Congress a report describing the date of enactment of this Act, the National Re- necessary Foundation policies and guidelines Foundation’s policies for developing and man- search Council shall submit to Congress a sum- for the development and construction of major aging major multi-user research facility con- mary report of the findings and recommenda- multi-user research facilities. struction costs, including a description of any tions of the workshop or roundtable convened (c) POLICIES FOR LARGE FACILITY COSTS.— aspects of the policies that diverge from the best under this section. (1) IN GENERAL.—The Director shall ensure practices recommended in Government Account- SEC. 111. PERMISSIBLE SUPPORT. that the Foundation’s policies for developing ability Office Report GAO-09-3SP, or any suc- A grant made by the Education and Human and managing major multi-user research facility cessor report thereto, and the Uniform Guidance Resources Directorate to support informal edu- construction costs are consistent with the best in 2 C.F.R. part 200. cation may be used— practices described in the March 2009 Govern- SEC. 109. WHISTLEBLOWER EDUCATION. (1) to support the participation of underrep- ment Accountability Office Report GAO-09-3SP, (a) IN GENERAL.—The Foundation shall be resented students in nonprofit competitions, out- or any successor report thereto. subject to section 4712 of title 41, United States of-school activities, and field experiences related (2) REPORT.—Not later than 12 months after Code. to STEM subjects (such as robotics, science re- the date of enactment of this Act, the Director (b) EDUCATION AND TRAINING.—The Founda- search, invention, mathematics, and technology shall submit to Congress the results of a study tion shall provide education and training for competitions), including—

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3429 (A) the purchase of parts and supplies needed (2) A description of the process for recruitment tion is most likely to ensure the effective stew- to participate in such competitions; and and selection of students, as appropriate. ardship of Foundation funds for supporting re- (B) incentives and stipends for teachers and (3) A description of how such research activity search and education. instructional leaders who are involved in assist- may inform programming that engages under- (b) RECOMPETITION.—The Director shall en- ing students and preparing students for such represented students in grades kindergarten sure that the system for recompetition of Main- competitions, if such activities fall outside the through 8 in STEM. tenance and Operations of facilities, equipment regular duties and responsibilities of such teach- (4) A description of how such research activity and instrumentation is fair, consistent, and ers and instructional leaders; and may inform programming that promotes student transparent and is applied in a manner that re- (2) to broaden underrepresented secondary academic achievement in STEM. news grants and awards in a timely manner. school students’ access to, and interest in, ca- (5) An evaluation plan that includes, at a The Director shall periodically evaluate whether reers that require academic preparation in minimum, the use of outcome-oriented measures the criteria of the system are being applied in a STEM subjects. to determine the impact and efficacy of activi- manner that is transparent, reliable, and valid. SEC. 112. EXPANDING STEM OPPORTUNITIES. ties being researched. SEC. 115. SENSE OF THE CONGRESS REGARDING (a) IN GENERAL.—Within the Directorate for (d) AWARDS.—In awarding grants under this INDUSTRY INVESTMENT IN STEM Education and Human Resources (or any suc- section, the Director shall give priority to appli- EDUCATION. cessor thereto), under existing programs tar- cants which, for the purpose of grant activity, It is the sense of Congress that— geting broadening participation, the Director include or partner with a nonprofit, nongovern- (1) in order to bolster the STEM workforce shall provide grants on a merit-reviewed, com- mental organization that has extensive experi- pipeline, many industry sectors are becoming in- petitive basis for research on programming that ence and expertise in increasing the participa- volved in K-12 initiatives and supporting under- engages underrepresented students in grades tion of underrepresented students in STEM. graduate and graduate work in STEM subject kindergarten through 8 in STEM. (e) ACCOUNTABILITY AND DISSEMINATION.— areas and fields; (b) USE OF FUNDS.— (1) EVALUATION REQUIRED.—Not later than 5 (2) partnerships with education providers, (1) IN GENERAL.—Grants awarded under this years after the date of enactment of this Act, STEM focused competitions, and other opportu- section shall be used for research to advance the the Director shall evaluate the grants provided nities have become important aspects of private engagement of underrepresented students in under this section. In addition to evaluating the sector efforts to strengthen the STEM work- grades kindergarten through 8 in STEM effectiveness of the grant activities, such eval- force; through the development and implementation of uation shall— (3) understanding the work that private sector innovative before-school, after-school, out-of- (A) use a common set of benchmarks and as- organizations are undertaking in STEM fields school, or summer activities, including programs sessment tools to identify best practices and ma- should inform the Federal Government’s role in (if applicable to the target population) provided terials developed or demonstrated by the re- STEM education; and in a single-gender environment, that are de- search; and (4) successful private sector STEM initiatives, signed to encourage interest, engagement, and (B) to the extent practicable, combine the re- as reflected by measurements of relevant out- skills development of underrepresented students search resulting from the grant activity with the comes, should be encouraged and supported by in STEM. Such research shall be conducted in current research on serving underrepresented the Foundation. learning environments that actively provide pro- students in grades kindergarten through 8. SEC. 116. MISREPRESENTATION OF RESEARCH gramming to underrepresented students in (2) REPORT ON EVALUATIONS.—Not later than RESULTS. grades kindergarten through 8 in STEM. 180 days after the completion of the evaluation (a) PROHIBITION.—The findings and conclu- (2) PERMITTED ACTIVITIES.—Such activities under paragraph (1), the Director shall submit sions of any article authored by a principal in- may include— to Congress and make widely available to the vestigator receiving a research grant from the (A) the development and implementation of public a report that includes— Foundation, using the results of the research programming described in subsection (a) for the (A) the results of the evaluation; and conducted under the grant, that is published in purpose of research; (B) any recommendations for administrative a peer-reviewed publication, otherwise made (B) the use of a variety of engagement meth- and legislative action that could optimize the ef- publicly available, or incorporated in an appli- ods, including cooperative and hands-on learn- fectiveness of the program. cation for a research grant or grant extension ing; (f) COORDINATION.—In carrying out this sec- from the Foundation may not contain any fal- (C) exposure of underrepresented youth to role tion, the Director shall consult, cooperate, and sification, fabrication, or plagiarism, as estab- models in the fields of STEM, including re- coordinate, to enhance program effectiveness lished in the Foundation’s Research Misconduct searchers in the National Laboratories, and and to avoid duplication, with the programs regulation (45 C.F.R. 689). nearpeer mentors; and policies of other relevant Federal agencies. (b) PUBLICATION.—The Director shall make (D) training of informal learning educators SEC. 113. REVIEW OF EDUCATION PROGRAMS. publicly available any finding that research and youth-serving professionals using evidence- (a) IN GENERAL.—The Director shall review misconduct (as defined in 45 C.F.R. 689) has based methods consistent with the target stu- the education programs of the Foundation that been committed, including the name of the prin- dent population being served; are in operation as of the date of enactment of cipal investigator, within 30 days of the final (E) education of students on the relevance this Act to determine— administration action of the Foundation. and significance of STEM careers, provision of (1) whether any of such programs duplicate SEC. 117. RESEARCH REPRODUCIBILITY AND REP- academic advice and assistance, and activities target groups, services provided, fields of focus, LICATION. designed to help students make real-world con- or objectives; and (a) SENSE OF CONGRESS.—It is the sense of nections to STEM content activities; (2) how those programs are being evaluated Congress that— (F) the attendance of underrepresented youth and assessed for outcome-oriented effectiveness. (1) the gold standard of good science is the at events, competitions, and academic programs (b) REPORT.—Not later than 1 year after the ability of a researcher or research lab to repro- to provide content expertise and encourage ca- date of enactment of this Act, and annually duce a published method and finding; reer exposure in STEM; thereafter as part of the annual budget submis- (2) there is growing concern that some pub- (G) activities designed to engage parents of sion to Congress, the Director shall complete a lished research findings cannot be reproduced or underrepresented youth; report on the review carried out under this sec- replicated, which can negatively affect the (H) innovative strategies to engage underrep- tion and shall submit the report to the Com- public’s trust in science; resented youth, such as using leadership skill mittee on Science, Space, and Technology and (3) there are a complex set of factors affecting outcome measures to encourage youth with the the Committee on Appropriations of the House reproducibility and replication; and confidence to pursue STEM coursework and of Representatives, and to the Committee on (4) the increasing interdisciplinary nature and academic study; Commerce, Science, and Transportation, the complexity of scientific research may be a con- (I) coordination with STEM-rich environ- Committee on Health, Education, Labor, and tributing factor to issues with research repro- ments, including other nonprofit, nongovern- Pensions, and the Committee on Appropriations ducibility and replication. mental organizations, classroom and out-of- of the Senate, and shall make the report widely (b) REPORT.—The Director shall— classroom settings, institutions of higher edu- available to the public. (1) not later than 45 days after the date of en- cation, vocational facilities, corporations, muse- SEC. 114. RECOMPETITION OF AWARDS. actment of this Act, enter into an agreement ums, National Laboratories, or science centers; (a) FINDINGS.—The Congress finds that— with the National Research Council to provide, and (1) the merit-reviewed competition of grant within 18 months after the date of enactment of (J) the acquisition of instructional materials and award proposals is a hallmark of the Foun- this Act, a report to assess research and data re- or technology-based tools to conduct applicable dation grant and award making process; producibility and replicability issues in inter- grant activity. (2) the majority of Foundation-funded multi- disciplinary research and to make recommenda- (c) APPLICATION.—An applicant seeking fund- user research facilities have transitioned to five- tions on how to improve rigor and transparency ing under the section shall submit an applica- year cooperative agreements, and every five in scientific research; and tion at such time, in such manner, and con- years the program officer responsible for the fa- (2) not later than 60 days after receiving the taining such information as may be required. cility makes a recommendation to the National results of the assessment under paragraph (1), The application shall include, at a minimum, Science Board as to the renewal, recompetition, submit a report to the Committee on Science, the following: or termination of support for the facility; and Space, and Technology of the House of Rep- (1) A description of the target audience to be (3) requiring the recompetition of expiring resentatives and the Committee on Commerce, served by the program. awards is based on the conviction that competi- Science, and Transportation of the Senate on

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3430 CONGRESSIONAL RECORD — HOUSE May 20, 2015 the findings of the assessment, together with the (A) the timeliness and completeness of Foun- and professional development activities, to ful- agreement or disagreement of the Director and dation actions in response to recommendations fill the service requirements of this section, in- Board with each of its findings and rec- and findings from the Office of Inspector Gen- cluding the requirements of subsection (e), and ommendations. eral related to the employment of such individ- to exchange ideas with others in their fields.’’; SEC. 118. RESEARCH GRANT CONDITIONS. uals; (3) in subsection (e), by striking ‘‘subsection The Foundation shall establish procedures to (B) actions taken by the Foundation to reduce (g)’’ and inserting ‘‘subsection (h)’’; ensure that— the cost to the Foundation of the employment of (4) by redesignating subsections (g) through (1) a research grant awarded by the Founda- such individuals at pay levels that exceed the (i) as subsections (h) through (j), respectively; tion to a principal investigator supports a scope threshold described in paragraph (1); and of work not otherwise being directly funded by (C) the value to the Foundation of employing (5) by inserting after subsection (f) the fol- grants provided by other Federal agencies; individuals pursuant to the Intergovernmental lowing new subsection: (2) a principal investigator includes in any Personnel Act of 1970 (42 U.S.C. 4701 note) ‘‘(g) SUPPORT FOR MASTER TEACHING FEL- application for a research grant awarded by the whose pay is set below the threshold described LOWS WHILE ENROLLED IN A MASTER’S DEGREE Foundation a list of all Federal research fund- in paragraph (1); and PROGRAM.—A National Science Foundation ing received by the principal investigator, as (D) the value to the Foundation of employing Master Teacher Fellow may receive a maximum well as any funding that is being requested as of individuals who are not permanent employees of 1 year of fellowship support while enrolled in that time; whose pay requires a justification and waiver a master’s degree program as described in sub- (3) unpublished research results used to sup- under paragraph (1) or (2). section (c)(4)(A), except that if such fellow is en- port a grant proposal made to the Foundation SEC. 122. SENSE OF CONGRESS REGARDING IN- rolled in a part-time program, such amount do not include any knowing misrepresentations NOVATION CORPS. shall be prorated according to the length of the of data; It is the sense of Congress that— program.’’. (4) principal investigators who receive Foun- (1) the Foundation’s Innovation Corps (I- (b) DEFINITION.—Section 10(i)(5) of the Na- dation research grant funding under more than Corps) was established to foster a national inno- tional Science Foundation Authorization Act of one grant at the same time have sufficient re- vation ecosystem by encouraging institutions, 2002 (42 U.S.C. 1862n—1(i)(5)) is amended by in- sources to conduct the proposed research under scientists, engineers, and entrepreneurs to iden- serting ‘‘computer science,’’ after ‘‘means a each of those grants appropriately under the tify and explore the innovation and commercial science,’’. terms of the grant; and potential of Foundation-funded research well SEC. 125. INFORMAL STEM EDUCATION. (5) barriers to early career and new investi- beyond the laboratory; (a) GRANTS.—The Director, through the Direc- gator applicants are addressed, including taking (2) the Foundation’s I-Corps includes invest- torate for Education and Human Resources, into account the broader accomplishments and ment in entrepreneurship and commercialization shall continue to award competitive, merit-re- potential of the individual investigator in addi- education, training, and mentoring, ultimately viewed grants to support— tion to the potential impact of the project. leading to the practical deployment of tech- (1) research and development of innovative SEC. 119. COMPUTING RESOURCES STUDY. nologies, products, processes, and services that out-of-school STEM learning and emerging Not later than 1 year after the date of enact- improve the Nation’s competitiveness, promote STEM learning environments in order to im- ment of this Act, the Comptroller General shall economic growth, and benefit society; and prove STEM learning outcomes and engagement transmit to the Congress a report detailing the (3) by building networks of entrepreneurs, in STEM; and results of a study on the use of scientific com- educators, mentors, institutions, and collabora- (2) research that advances the field of infor- puting resources funded by the Foundation at tions, and supporting specialized education and mal STEM education. institutions of higher education. Such study training, I-Corps is at the leading edge of a (b) USES OF FUNDS.—Activities supported by shall assess— strong, lasting foundation for an American in- grants under this section may encompass a sin- (1) efficiencies that can be achieved by using novation ecosystem. gle STEM discipline, multiple STEM disciplines, shared scientific computing resources for SEC. 123. BRAIN RESEARCH THROUGH ADVANC- or integrative STEM initiatives and shall in- projects that have similar scientific computing ING INNOVATIVE clude— requirements or projects where specialized soft- NEUROTECHNOLOGIES INITIATIVE. (1) research and development that improves ware solutions could be shared with other prac- The Foundation shall support research activi- our understanding of learning and engagement titioners in the scientific community; ties related to the Brain Research through Ad- in informal environments, including the role of (2) efficiencies that can be achieved by using vancing Innovative Neurotechnologies Initia- informal environments in broadening participa- shared hardware that can be cost effectively tive. The Foundation is encouraged to work in tion in STEM; and procured from cloud computing services; conjunction with the Interagency Working (2) design and testing of innovative STEM (3) efficiencies that can be achieved by using Group on Neuroscience (IWGN) to determine learning models, programs, and other resources shared software from an open source repository how to use the data infrastructure of the Foun- for informal learning environments to improve or platform; and dation and other applicable agencies to help STEM learning outcomes and increase engage- (4) cost savings that could be achieved by po- neuroscientists collect, standardize, manage, ment for K-12 students, K-12 teachers, and the tential sharing of scientific computing resources and analyze the large amounts of data that will general public, including design and testing of across all Foundation grants. result from research attempting to understand the scalability of models, programs, and other SEC. 120. SCIENTIFIC BREAKTHROUGH PRIZES. how the brain functions. resources. The Director shall place a high priority on de- SEC. 124. NOYCE SCHOLARSHIP PROGRAM SEC. 126. EXPERIMENTAL PROGRAM TO STIMU- signing and administering pilot programs for AMENDMENTS. LATE COMPETITIVE RESEARCH. scientific breakthrough prizes, in conjunction (a) AMENDMENTS.—Section 10A of the Na- The Foundation shall continue to operate a with private entities, that are consistent with tional Science Foundation Authorization Act of robust Experimental Program to Stimulate Com- Office of Science and Technology Policy guide- 2002 (42 U.S.C. 1862n—1a) is amended— petitive Research (EPSCoR). The EPSCoR pro- lines. Breakthrough prizes shall center around (1) in subsection (a)(2)(B), by inserting ‘‘or gram helps ensure that academic research insti- technological breakthroughs that are of stra- bachelor’s’’ after ‘‘master’s’’; tutions in more than half the States develop a tegic importance to the Nation, and have the ca- (2) in subsection (c)— strong research infrastructure and participate pacity to spur new economic growth. (A) by striking ‘‘and’’ at the end of paragraph fully in federally funded research activities. The SEC. 121. ROTATING PERSONNEL. (2)(B); program should be a high priority for the Foun- In order to control the costs to the Foundation (B) in paragraph (3)— dation. of individuals employed pursuant to the Inter- (i) by inserting ‘‘for teachers with master’s de- TITLE II—SCIENCE, TECHNOLOGY, governmental Personnel Act of 1970 (42 U.S.C. grees in their field’’ after ‘‘Teaching Fellow- ENGINEERING, AND MATHEMATICS 4701 note)— ships’’; and (1) the Foundation shall provide to Congress a (ii) by striking the period at the end of sub- SEC. 201. FINDINGS; SENSE OF CONGRESS. written justification and waiver by the Deputy paragraph (B) and inserting ‘‘; and’’; and (a) FINDINGS.—Congress finds the following: Director in instances in which such an indi- (C) by adding at the end the following new (1) According to the National Science Board’s vidual is to be paid at a rate that exceeds the paragraph: Science and Engineering Indicators, the science maximum rate of pay for the Senior Executive ‘‘(4) in the case of National Science Founda- and engineering workforce has shown sustained Service, including, if applicable, adjustment for tion Master Teaching Fellowships for teachers growth for more than half a century, and work- the certified Senior Executive Service Perform- with bachelor’s degrees in their field and work- ers with science and engineering degrees tend to ance Appraisal System; ing toward a master’s degree— earn more than comparable workers in other (2) the Foundation shall provide to Congress a ‘‘(A) offering academic courses leading to a fields. written justification and waiver by the Director master’s degree and leadership training to pre- (2) According to the Program for International in instances in which such an individual is to be pare individuals to become master teachers in el- Student Assessment 2012 results, America lags paid at a rate that exceeds the annual salary ementary and secondary schools; and behind many other nations in STEM education. rate of the Vice President of the United States; ‘‘(B) offering programs both during and after American students rank 21st in science and 26th and matriculation in the program for which the fel- in mathematics. (3) the Foundation shall provide an annual lowship is received to enable fellows to become (3) Junior Achievement USA and ING found a report to Congress on the costs to the Founda- highly effective mathematics and science teach- decrease of 25 percent in the percentage of teen- tion of employing such individuals, including— ers, including mentoring, training, induction, age students interested in STEM careers.

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(4) According to a 2007 report from the De- (2) the management, coordination, and imple- (b) RESPONSIBILITIES.—The STEM Education partment of Labor, industries and firms depend- mentation of STEM education programs and ac- Coordinating Office shall— ent on a strong science and mathematics work- tivities across the Federal Government; (1) provide technical and administrative sup- force have launched a variety of programs that (3) the appropriateness of criteria used by port to— target K-12 students and undergraduate and Federal agencies to evaluate the effectiveness of (A) the Committee on STEM Education, espe- graduate students in STEM fields. Federal STEM education programs and activi- cially in its coordination of Federal STEM pro- (5) The Federal Government spends nearly $3 ties; grams and strategic planning responsibilities; billion annually on STEM education related (4) ways to leverage private and nonprofit (B) the Advisory Panel established under sec- program and activities, but encouraging STEM STEM investments and encourage public-private tion 202; and education activities beyond the scope of the partnerships to strengthen STEM education and (C) Federal agencies with STEM education Federal Government, including privately spon- help build the STEM workforce pipeline; programs; sored competitions and programs in our schools, (5) ways to incorporate workforce needs into (2) periodically update and maintain the in- is crucial to the future technical and economic Federal STEM education programs, particularly ventory of federally sponsored STEM education competitiveness of the United States. for specific fields of national interest and areas programs and activities established under sec- (b) SENSE OF CONGRESS.—It is the sense of experiencing high unemployment rates; tion 101(b)(8) of the America COMPETES Reau- Congress that— (6) ways to better vertically and horizontally thorization Act of 2010 (42 U.S.C. 6621); and (1) more effective coordination and adoption integrate Federal STEM programs and activities (3) provide for dissemination of information of performance measurement based on objective from pre-K through graduate study and the on Federal STEM education programs and ac- outcomes for federally supported STEM pro- workforce, and from in-school to out-of-school tivities, as appropriate, to stakeholders in aca- grams is needed; in order to improve transitions for students mov- demia, industry, nonprofit organizations with (2) leveraging private and nonprofit invest- ing through the STEM pipeline; expertise in STEM education, State and local ments in STEM education will be essential to (7) whether societal and workforce concerns educational agencies, and other STEM stake- strengthening the Federal STEM portfolio; are adequately addressed by current Federal holders. (3) strengthening the Federal STEM portfolio STEM education programs and activities; (c) REPORT.—The Director of the STEM Edu- may require program consolidations and termi- (8) the extent to which Federal STEM edu- cation Coordinating Office shall transmit a re- nations, but such changes should be based on cation programs and activities are contributing port annually to Congress not later than 60 evidence with stakeholder input; to recruitment and retention of women and days after the submission of the President’s (4) coordinating STEM programs and activi- underrepresented students in the STEM edu- budget request. The annual report shall in- ties across the Federal Government in order to cation and workforce pipeline; and clude— limit duplication and engage stakeholders in (9) ways to encourage geographic diversity in (1) any updates to the inventory required STEM programs and related activities for which STEM education and the workforce pipeline. under subsection (b)(2); (d) REPORTS.—The Advisory Panel shall re- objective outcomes can be measured will bolster (2) a description of all consolidations and ter- port, not less frequently than once every 3 fiscal results of Federal STEM education programs, minations of Federal STEM education programs years, to the President and Congress on its as- improve the return on taxpayers’ investments in implemented in the previous fiscal year, includ- sessments under subsection (c) and its rec- STEM education programs, and in turn ing an explanation of the reasons for consolida- ommendations for ways to improve Federal strengthen the United States economy; and tions and terminations; STEM education programs. The first report (5) as the Committee on STEM Education im- (3) recommendations for consolidations and under this subsection shall be submitted within plements the 5-year Strategic Plan for Federal terminations of STEM education programs or 1 year after the date of enactment of this Act. STEM education required under section activities in the upcoming fiscal year; (e) TRAVEL EXPENSES OF NON-FEDERAL MEM- 101(b)(5) of the America COMPETES Reauthor- (4) a description of any significant new STEM BERS.—Non-Federal members of the Advisory ization Act of 2010 (42 U.S.C. 6621(b)(5)), STEM Education public-private partnerships; and Panel, while attending meetings of the Advisory (5) description of the progress made in car- education stakeholders must be engaged and Panel or while otherwise serving at the request outcome-based evaluation metrics should be con- rying out the strategic plan required under sec- of the head of the Advisory Panel away from tion 101 of the America COMPETES Reauthor- sidered in the coordination and consolidation their homes or regular places of business, may efforts for the Federal STEM portfolio. ization Act of 2010 (42 U.S.C. 6621), including a be allowed travel expenses, including per diem description of the outcome of any program as- SEC. 202. STEM EDUCATION ADVISORY PANEL. in lieu of subsistence, as authorized by section sessments completed in the previous year. (a) ESTABLISHMENT.—The President shall es- 5703 of title 5, United States Code, for individ- (d) RESPONSIBILITIES OF NSF.—The Director tablish or designate a STEM Education Advi- uals in the Government serving without pay. of the National Science Foundation shall en- sory Panel that incorporates key stakeholders Nothing in this subsection shall be construed to courage and monitor the efforts of the STEM from the education and industry sectors. The prohibit members of the Advisory Panel who are Education Coordinating Office to ensure that co-chairs shall be members of the President’s officers or employees of the United States from the Coordinating Office is carrying out its re- Council of Advisors on Science and Technology. being allowed travel expenses, including per sponsibilities under subsection (b) appropriately. (b) QUALIFICATIONS.—The Advisory Panel es- diem in lieu of subsistence, in accordance with TITLE III—OFFICE OF SCIENCE AND tablished or designated by the President under existing law. TECHNOLOGY POLICY subsection (a) shall consist primarily of members SEC. 203. COMMITTEE ON STEM EDUCATION. from academic institutions, nonprofit organiza- Section 101 of the America COMPETES Reau- SEC. 301. AUTHORIZATION OF APPROPRIATIONS. tions, and industry and shall include in-school, thorization Act of 2010 (42 U.S.C. 6621) is There are authorized to be appropriated for out-of-school, and informal educational practi- amended— the Office of Science and Technology Policy— tioners. Members of the Advisory Panel shall be (1) in the first subsection (b)— (1) $4,550,000 for fiscal year 2016; and qualified to provide advice and information on (A) by redesignating paragraphs (3) through (2) $4,550,000 for fiscal year 2017. STEM education research, development, train- (6) as paragraphs (5) through (8), respectively; SEC. 302. REGULATORY EFFICIENCY. ing, implementation, interventions, professional (B) by inserting after paragraph (2) the fol- (a) SENSE OF CONGRESS.—It is the sense of development, or workforce needs or concerns. In lowing new paragraphs: Congress that— selecting or designating an Advisory Panel, the ‘‘(3) collaborate with the STEM Education (1) high and increasing administrative bur- President may also seek and give consideration Advisory Panel established under section 202 of dens and costs in Federal research administra- to recommendations from the Congress, indus- the America COMPETES Reauthorization Act of tion, particularly in the higher education sector try, the scientific community (including the Na- 2015 and other outside stakeholders to ensure where most federally sponsored research is per- tional Academy of Sciences, scientific profes- the engagement of the STEM education commu- formed, are eroding funds available to carry out sional societies, and academia), State and local nity; basic scientific research; governments, and other appropriate organiza- ‘‘(4) review evaluation measures used for Fed- (2) progress has been made over the last dec- tions. eral STEM education programs;’’; and ade in streamlining the pre-award grant appli- (c) DUTIES.—The Advisory Panel shall advise (C) in paragraph (8), as so redesignated by cation process through Grants.gov, the Federal the President, the Committee on STEM Edu- subparagraph (A) of this paragraph, by striking Government’s website portal; cation, and the STEM Education Coordinating ‘‘, periodically update,’’; and (3) post-award administrative costs have Office established under section 204 on matters (2) in the second subsection (b) and in sub- grown as Federal research agencies have contin- relating to STEM education, and shall each section (c), by striking ‘‘subsection (b)(5)’’ and ued to impose agency-unique compliance and re- year provide general guidance to every Federal inserting ‘‘subsection (b)(7)’’. porting requirements on researchers and re- agency with STEM education programs or ac- SEC. 204. STEM EDUCATION COORDINATING OF- search institutions; tivities, including in the preparation of requests FICE. (4) facilities and administration costs at re- for appropriations for activities related to STEM (a) ESTABLISHMENT.—The Director of the Na- search universities can exceed 50 percent of the education. The Advisory Panel shall also assess tional Science Foundation shall establish within total value of Federal research grants, and it is and develop recommendations for— the Directorate for Education and Human Re- estimated that nearly 30 percent of the funds in- (1) progress made in implementing the STEM sources a STEM Education Coordinating Office, vested annually in federally funded research is education Strategic Plan required under section which shall have a Director and staff that shall consumed by paperwork and other administra- 101 of the America COMPETES Reauthorization include career employees detailed from Federal tive processes required by Federal agencies; and Act of 2010 (42 U.S.C. 6621), and any needs or agencies that fund STEM education programs (5) it is a matter of critical importance to opportunities to update the strategic plan; and activities. American competitiveness that administrative

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3432 CONGRESSIONAL RECORD — HOUSE May 20, 2015 costs of federally funded research be streamlined dustry, and relevant organizations and institu- under paragraph (1), it shall transmit a report so that a higher proportion of taxpayer dollars tions; and to Congress describing the requirements of such flow into direct research activities. (5) identify broad issues that influence the agreement. (b) IN GENERAL.—The Director of the Office of ability of United States scientists and engineers (d) PUBLIC NOTICE.—The heads of Federal Science and Technology Policy shall establish a to collaborate with foreign counterparts, includ- science agencies shall widely advertise prize working group under the authority of the Na- ing barriers to collaboration and access to sci- competitions to be conducted under this section tional Science and Technology Council, to in- entific information. to ensure maximum participation. clude the Office of Management and Budget. (d) REPORT TO CONGRESS.—The Director of (e) DEFINITION.—For purposes of this section, The working group shall be responsible for re- the Office of Science and Technology Policy the term ‘‘Federal science agency’’ means— viewing Federal regulations affecting research shall transmit a report, to be updated every 2 (1) the National Aeronautics and Space Ad- and research universities and making rec- years, to the Committee on Science, Space, and ministration; ommendations on how to— Technology and the Committee on Foreign Af- (2) the National Science Foundation; (1) harmonize, streamline, and eliminate du- fairs of the House of Representatives, and to the (3) the National Institute of Standards and plicative Federal regulations and reporting re- Committee on Commerce, Science, and Transpor- Technology; and quirements; tation and the Committee on Foreign Relations (4) the National Weather Service. (2) minimize the regulatory burden on United of the Senate. The report shall also be made (f) REPORT TO CONGRESS.—Not later than 1 States institutions of higher education per- available to the public on the reporting agency’s year after the date of enactment of this Act, and forming federally funded research while main- website. The report shall contain a description annually thereafter as part of the annual budg- taining accountability for Federal tax dollars; of— et submission to Congress, the Director of the and (1) the priorities and policies established Office of Science and Technology Policy shall (3) identify and update specific regulations to under subsection (c)(2); transmit to the Congress a report on programs refocus on performance-based goals rather than (2) the ongoing and new partnerships estab- identified and conducted under subsection (a). on process while still meeting the desired out- lished since the last update to the report; SEC. 305. AMENDMENTS TO PRIZE COMPETI- come. (3) the means by which stakeholder input was TIONS. (c) STAKEHOLDER INPUT.—In carrying out the received, as well as summary views of stake- Section 24 of the Stevenson-Wydler Tech- responsibilities under subsection (b), the work- holder input; and nology Innovation Act of 1980 (15 U.S.C. 3719) is ing group shall take into account input and rec- (4) the issues influencing the ability of United amended— ommendations from non-Federal stakeholders, States scientists and engineers to collaborate (1) in subsection (c)— including federally funded and nonfederally with foreign counterparts. (A) by inserting ‘‘competition’’ after ‘‘section, funded researchers, institutions of higher edu- (e) ADDITIONAL REPORTS TO CONGRESS.—The a prize’’; cation, scientific disciplinary societies and asso- Director of the Office of Science and Technology (B) by inserting ‘‘types’’ after ‘‘following’’; ciations, nonprofit research institutions, indus- Policy shall transmit, not later than 60 days and try, including small businesses, federally funded after the date of enactment of this Act and an- (C) in paragraph (4), by striking ‘‘prizes’’ and research and development centers, and others nually thereafter, to the Committee on Science, inserting ‘‘prize competitions’’; (2) in subsection (f)— with a stake in ensuring effectiveness, effi- Space, and Technology and the Committee on (A) by striking ‘‘in the Federal Register’’ and ciency, and accountability in the performance Foreign Affairs of the House of Representatives, inserting ‘‘on a publicly accessible Government of scientific research. and to the Committee on Commerce, Science, website, such as www.challenge.gov,’’; and (d) REPORT.—Not later than 1 year after the and Transportation and the Committee on For- (B) in paragraph (4), by striking ‘‘prize’’ and date of enactment of this Act, and annually eign Relations of the Senate, a report that lists inserting ‘‘cash prize purse’’; and describes all foreign travel by Office of thereafter for 3 years, the Director shall report (3) in subsection (g), by striking ‘‘prize’’ and Science and Technology Policy staff and to the Committee on Science, Space, and Tech- inserting ‘‘cash prize purse’’; nology of the House of Representatives and the detailees. Each report shall specify the dates of (4) in subsection (h), by inserting ‘‘prize’’ be- Committee on Commerce, Science, and Transpor- each trip, the purpose of the trip, Office of fore ‘‘competition’’ both places it appears; tation of the Senate on what steps have been Science and Technology Policy participants on (5) in subsection (i)— taken to carry out the recommendations of the the trip, total Office of Science and Technology (A) in paragraph (1)(B), by inserting ‘‘prize’’ working group established under subsection (b). Policy costs associated with the trip, and details before ‘‘competition’’; SEC. 303. COORDINATION OF INTERNATIONAL of all international meetings, including meeting (B) in paragraph (2)(A), by inserting ‘‘prize’’ SCIENCE AND TECHNOLOGY PART- participants and topics addressed. before ‘‘competition’’ both places it appears; NERSHIPS. SEC. 304. ALTERNATIVE RESEARCH FUNDING (C) by redesignating paragraph (3) as para- (a) ESTABLISHMENT.—The Director of the Of- MODELS. graph (4); and fice of Science and Technology Policy shall es- (a) PILOT PROGRAM AUTHORITY.—The heads (D) by inserting after paragraph (2) the fol- tablish a body under the National Science and of Federal science agencies, in consultation with lowing new paragraph: Technology Council with the responsibility to the Director of the Office of Science and Tech- ‘‘(3) WAIVER.—An agency may waive the re- identify and coordinate international science nology Policy, shall conduct appropriate pilot quirement under paragraph (2). The annual re- and technology cooperation that can strengthen programs to validate alternative research fund- port under subsection (p) shall include a list of the United States science and technology enter- ing models, including— such waivers granted during the preceding fis- prise, improve economic and national security, (1) scientific breakthrough prize programs cal year, along with a detailed explanation of and support United States foreign policy goals. that are of strategic importance to the Nation the reasons for granting the waivers.’’; (b) NSTC BODY LEADERSHIP.—The body estab- and have the capacity to spur new economic (6) in subsection (k)— lished under subsection (a) shall be co-chaired growth; and (A) in paragraph (2)(A), by inserting ‘‘prize’’ by senior level officials from the Office of (2) novel mechanisms of funding including ob- before ‘‘competition’’; and Science and Technology Policy and the Depart- taining non-Federal funds through crowd (B) in paragraph (3), by inserting ‘‘prize’’ be- ment of State. source funding. fore ‘‘competitions’’ both places it appears; (c) RESPONSIBILITIES.—The body established (b) NON-FEDERAL PARTNERS.—A pilot program (7) in subsection (l), by striking all after ‘‘may under subsection (a) shall— may be conducted under this section through an enter into’’ and inserting ‘‘a grant, contract, co- (1) plan and coordinate interagency inter- agreement, grant, or contractual relationship operative agreement, or other agreement with a national science and technology cooperative re- with a non-Federal entity regarding the design, private sector for-profit or nonprofit entity to search and training activities and partnerships administration, and funding of the program. administer the prize competition, subject to the supported or managed by Federal agencies and (c) PRIZE COMPETITION JUDGES.— provisions of this section.’’; work with other National Science and Tech- (1) REQUIREMENTS.—Judges for a prize com- (8) in subsection (m)— nology Council committees to help plan and co- petition carried out under this section shall not (A) by amending paragraph (1) to read as fol- ordinate the international component of na- be required to be Federal employees. An indi- lows: tional science and technology priorities; vidual who serves as a judge for a prize competi- ‘‘(1) IN GENERAL.—Support for a prize com- (2) establish Federal priorities and policies for tion carried out under this section who is not a petition under this section, including financial aligning, as appropriate, international science Federal employee shall be required to sign an support for the design and administration of a and technology cooperative research and train- agreement, developed by the Office of Science prize competition or funds for a cash prize ing activities and partnerships supported or and Technology Policy, with respect to non- purse, may consist of Federal appropriated managed by Federal agencies with the foreign disclosure, conflict of interest, and judging code funds and funds provided by private sector for- policy goals of the United States; of conduct requirements. profit and nonprofit entities. The head of an (3) identify opportunities for new inter- (2) DISCLOSURE OF PERSONAL FINANCIAL INTER- agency may accept funds from other Federal national science and technology cooperative re- ESTS.—A judge for a prize competition with a agencies, private sector for-profit entities, and search and training partnerships that advance total purse of $10,000 or more, or for an aggre- nonprofit entities to support such prize competi- both the science and technology and the foreign gate of prize competitions with a total purse of tions. The head of an agency may not give any policy priorities of the United States; $50,000 or more, shall be required to disclose all special consideration to any private sector for- (4) in carrying out paragraph (3), solicit input personal financial interests. profit or nonprofit entity in return for a dona- and recommendations from non-Federal science (3) REPORT TO CONGRESS.—Not later than 30 tion.’’; and technology stakeholders, including univer- days after the Office of Science and Technology (B) in paragraph (2), by striking ‘‘prize sities, scientific and professional societies, in- Policy completes development of an agreement awards’’ and inserting ‘‘cash prize purses’’;

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3433 (C) in paragraph (3)(A)— ‘‘(B) a review of all Federal websites with (B) $59,000,000 shall be for the construction (i) by striking ‘‘No prize’’ and inserting ‘‘No third-party embedded tools that— and maintenance of facilities; and prize competition’’; and ‘‘(i) identifies each embedded tool, who it be- (C) $130,000,000 shall be for industrial tech- (ii) by striking ‘‘the prize’’ and inserting ‘‘the longs to, and the data it collects; and nology services activities, of which $125,000,000 cash prize purse’’; ‘‘(ii) addresses effects on cybersecurity and shall be for the Manufacturing Extension Part- (D) in paragraph (3)(B), by striking ‘‘a prize’’ consumer privacy, including whether each nership program under sections 25 and 26 of the and inserting ‘‘a cash prize purse’’; website provides prominent notice to consumers National Institute of Standards and Technology (E) in paragraph (3)(B)(i), by inserting ‘‘com- about the presence of the tool and whether the Act (15 U.S.C. 278k and 278I) and $5,000,000 petition’’ after ‘‘prize’’; consumer may opt-out of the tool; shall be for the Network for Manufacturing In- (F) in paragraph (4)(A), by striking ‘‘a prize’’ ‘‘(C) the amount of money being spent on var- novation Program under section 34 of the Na- and inserting ‘‘a cash prize purse’’; and ious technologies; and tional Institute of Standards and Technology (G) in paragraph (4)(B), by striking ‘‘cash ‘‘(D) technology recommendations and best Act (15 U.S.C. 278s). prizes’’ and inserting ‘‘cash prize purses’’; practices; and SEC. 402. STANDARDS AND CONFORMITY ASSESS- (9) in subsection (n), by inserting ‘‘for both ‘‘(10) such other functions and activities as MENT. for-profit and nonprofit entities,’’ after ‘‘con- the President and Director of the Office of Section 2 of the National Institute of Stand- tract vehicle’’; Science and Technology Policy may assign. ards and Technology Act (15 U.S.C. 272) is (10) in subsection (o)(1), by striking ‘‘or pro- ‘‘(c) REPORT.—In the absence of a United amended— viding a prize’’ and insert ‘‘a prize competition States Chief Technology Officer, the Director of (1) in subsection (b)— or providing a cash prize purse’’; and the Office of Science and Technology Policy (A) in the matter preceding paragraph (1), by (11) in subsection (p)(2)— shall be responsible for providing the report re- striking ‘‘authorized to take’’ and inserting (A) in subparagraph (C), by striking ‘‘cash quired under subsection (b)(9).’’. ‘‘authorized to serve as the President’s principal prizes’’ both places it occurs and inserting SEC. 307. NATIONAL RESEARCH COUNCIL STUDY adviser on standards policy pertaining to the ‘‘cash prize purses’’; and ON TECHNOLOGY FOR EMERGENCY Nation’s technological competitiveness and in- (B) by adding at the end the following new NOTIFICATIONS ON UNIVERSITY novation ability and to take’’; CAMPUSES. subparagraph: (B) in paragraph (3), by striking ‘‘compare (a) IN GENERAL.—Not later than 90 days after ‘‘(G) PLAN.—A description of crosscutting top- standards’’ and all that follows through ‘‘Fed- the date of enactment of this Act, the Director ical areas and agency-specific mission needs eral Government’’ and inserting ‘‘facilitate of the Office of Science and Technology Policy that may be the strongest opportunities for prize standards-related information sharing and co- shall enter into an arrangement with the Na- competitions during the upcoming 2 fiscal operation between Federal agencies’’; and tional Research Council to conduct and com- years.’’. (C) in paragraph (13), by striking ‘‘Federal, plete a study to identify and review technologies State, and local’’ and all that follows through SEC. 306. UNITED STATES CHIEF TECHNOLOGY employed at institutions of higher education to OFFICER. ‘‘private sector’’ and inserting ‘‘technical stand- provide notifications to students, faculty, and ards activities and conformity assessment activi- Title II of the National Science and Tech- other personnel during emergency situations in ties of Federal, State, and local governments nology Policy, Organization, and Priorities Act accordance with the requirements of existing with private sector’’; and of 1976 (42 U.S.C. 6611 et seq.) is amended by law. The study shall address— (2) in subsection (c)— adding at the end the following new section: (1) the timeliness of notifications during emer- (A) in paragraph (22), by striking ‘‘and’’ after ‘‘UNITED STATES CHIEF TECHNOLOGY OFFICER gency situations provided by various tech- the semicolon; ‘‘SEC. 210. (a) APPOINTMENT.—The President nologies; (B) by redesignating paragraph (23) as para- may appoint a United States Chief Technology (2) the durability of such technologies in de- graph (25); and Officer. Not later than 1 year after the date of livering such notifications to students, faculty, (C) by inserting after paragraph (22) the fol- enactment of the America COMPETES Reau- and other personnel; and lowing: thorization Act of 2015, such officer shall be one (3) the limitations exhibited by such tech- ‘‘(23) participate in and support scientific and of the Associate Directors of the Office of nologies to successfully deliver notifications not technical conferences; Science and Technology Policy. more than 30 seconds after the institution of ‘‘(24) perform pre-competitive measurement ‘‘(b) DUTIES.—The duties of the United States higher education transmits such notifications. science and technology research in partnership Chief Technology Officer should include— (b) REPORT REQUIRED.—Not later than 1 year with institutions of higher education and indus- ‘‘(1) advising the President and the Director after the date on which the National Research try to promote United States industrial competi- of the Office of Science and Technology Policy Council enters into the arrangement required by tiveness; and’’. on Federal information systems, technology, subsection (a), the Director of the Office of data, and innovation policies and initiatives; Science and Technology Policy shall submit to SEC. 403. VISITING COMMITTEE ON ADVANCED TECHNOLOGY. ‘‘(2) promoting an improved exchange of infor- Congress a report on the study conducted under mation among the Federal Government, the pub- such subsection. Section 10 of the National Institute of Stand- ards and Technology Act (15 U.S.C. 278) is lic, and Congress; TITLE IV—NATIONAL INSTITUTE OF ‘‘(3) promoting the use of innovative techno- amended— STANDARDS AND TECHNOLOGY (1) in subsection (a)— logical approaches across the Federal Govern- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. (A) by striking ‘‘15 members’’ and inserting ment to ensure a modern information technology (a) FISCAL YEAR 2016.— ‘‘not fewer than 11 members’’; infrastructure; (1) IN GENERAL.—There are authorized to be (B) by striking ‘‘at least 10’’ and inserting ‘‘at ‘‘(4) working with the Chief Technology Offi- appropriated to the Secretary of Commerce least two-thirds’’; and cers and Chief Information Officers of all Fed- $933,700,000 for the National Institute of Stand- (C) by adding at the end the following: ‘‘The eral agencies to ensure the use of best tech- ards and Technology for fiscal year 2016. Committee may consult with the National Re- nologies and security practices for information (2) SPECIFIC ALLOCATIONS.—Of the amount search Council in making recommendations re- systems; authorized by paragraph (1)— garding general policy for the Institute.’’; and ‘‘(5) establishing a working group with such (A) $744,700,000 shall be for scientific and (2) in subsection (h)(1), by striking ‘‘, includ- Officers to exchange best practices about infor- technical research and services laboratory ac- ing the Program established under section 28,’’. mation systems; tivities; SEC. 404. POLICE AND SECURITY AUTHORITY. ‘‘(6) promoting transparency and account- (B) $59,000,000 shall be for the construction ability across the Federal Government for all Section 15 of the National Institute of Stand- and maintenance of facilities; and ards and Technology Act (15 U.S.C. 278e) is technological implementation by working with (C) $130,000,000 shall be for industrial tech- agencies to ensure that each arm of the Federal amended— nology services activities, of which $125,000,000 (1) by striking ‘‘of the Government; and’’ and Government, including the executive branch, shall be for the Manufacturing Extension Part- makes its records open and accessible; inserting ‘‘of the Government;’’; and nership program under sections 25 and 26 of the (2) by striking ‘‘United States Code.’’ and in- ‘‘(7) promoting security and privacy protec- National Institute of Standards and Technology tion policies for all Federal information tech- serting ‘‘United States Code; and (i) the protec- Act (15 U.S.C. 278k and 278I) and $5,000,000 tion of Institute buildings and other plant facili- nology systems that are consistent with Federal shall be for the Network for Manufacturing In- law, regulations, and current best practices; ties, equipment, and property, and of employees, novation Program under section 34 of the Na- associates, visitors, or other persons located ‘‘(8) promoting technological interoperability tional Institute of Standards and Technology of key Government functions; therein or associated therewith, notwith- Act (15 U.S.C. 278s). standing any other provision of law.’’. ‘‘(9) in consultation with the Office of Man- (b) FISCAL YEAR 2017.— SEC. 405. EDUCATION AND OUTREACH. agement and Budget, providing an annual re- (1) IN GENERAL.—There are authorized to be port to the President, the Director of the Office appropriated to the Secretary of Commerce The National Institute of Standards and of Science and Technology Policy, and Congress $933,700,000 for the National Institute of Stand- Technology Act (15 U.S.C. 271 et seq.) is amend- on the current state of information systems of ards and Technology for fiscal year 2017. ed by striking sections 18, 19, and 19A and in- all Federal agencies, including— (2) SPECIFIC ALLOCATIONS.—Of the amount serting the following: ‘‘(A) the status of information systems, in- authorized by paragraph (1)— ‘‘SEC. 18. EDUCATION AND OUTREACH. cluding potential technology and security con- (A) $744,700,000 shall be for scientific and ‘‘(a) IN GENERAL.—The Director may support, cerns about these information systems in all technical research and services laboratory ac- promote, and coordinate activities and efforts to Federal agencies; tivities; enhance public awareness and understanding of

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3434 CONGRESSIONAL RECORD — HOUSE May 20, 2015 measurement sciences, standards, and tech- that summarizes the findings common across the range of companies and enterprises, particularly nology by the general public, industry, and aca- individual assessment reports. small and medium-sized manufacturers; and demia in support of the Institute’s mission. ‘‘(d) ADDITIONAL ASSESSMENTS.—The Insti- ‘‘(3) the facilitation of collaborations and ‘‘(b) RESEARCH FELLOWSHIPS.— tute, at the discretion of the Director, also may partnerships between small and medium-sized ‘‘(1) IN GENERAL.—The Director may award contract with the National Research Council to manufacturing companies and community col- research fellowships and other forms of finan- conduct additional assessments of Institute pro- leges and area career and technical education cial and logistical assistance, including direct grams and projects that involve collaboration schools to help such colleges and schools better stipend awards, to— across the Institute laboratories and centers and understand the specific needs of manufacturers ‘‘(A) students at institutions of higher edu- assessments of selected scientific and technical and to help manufacturers better understand cation within the United States who show prom- topics. the skill sets that students learn in the programs ise as present or future contributors to the mis- ‘‘(e) CONSULTATION WITH VISITING COMMITTEE offered by such colleges and schools. sion of the Institute; and ON ADVANCED TECHNOLOGY.—The National Re- ‘‘(c) OPERATIONS.— ‘‘(B) United States citizens for research and search Council may consult with the Visiting ‘‘(1) FINANCIAL SUPPORT.—The Secretary may technical activities of the Institute. Committee on Advanced Technology established provide financial support to any Center created ‘‘(2) SELECTION.—The Director shall select under section 10 in performing the assessments under subsection (a). The Secretary may not persons to receive such fellowships and assist- under this section. provide to a Center more than 50 percent of the ance on the basis of ability and of the relevance ‘‘(f) REPORTS.—Not later than 30 days after capital and annual operating and maintenance of the proposed work to the mission and pro- the completion of each assessment, the Institute funds required to create and maintain such Cen- grams of the Institute. shall transmit the report on such assessment to ter. ‘‘(3) DEFINITION.—For the purposes of this the Committee on Science, Space, and Tech- ‘‘(2) REGULATIONS.—The Secretary shall im- subsection, financial and logistical assistance nology of the House of Representatives and the plement, review, and update the sections of the includes, notwithstanding section 1345 of title Committee on Commerce, Science, and Transpor- Code of Federal Regulations related to this sec- 31, United States Code, or any contrary provi- tation of the Senate.’’. tion at least once every 3 years. sion of law, temporary housing and local trans- SEC. 408. HOLLINGS MANUFACTURING EXTEN- ‘‘(3) APPLICATION.— portation to and from the Institute facilities. SION PARTNERSHIP. ‘‘(A) IN GENERAL.—Any nonprofit institution, ‘‘(c) POST-DOCTORAL FELLOWSHIP PROGRAM.— Section 25 of the National Institute of Stand- or consortium thereof, or State or local govern- The Director shall establish and conduct a post- ards and Technology Act (15 U.S.C. 278k) is ment, may submit to the Secretary an applica- doctoral fellowship program, subject to the amended to read as follows: tion for financial support under this section, in availability of appropriations, that shall include ‘‘SEC. 25. HOLLINGS MANUFACTURING EXTEN- accordance with the procedures established by not fewer than 20 fellows per fiscal year. In SION PARTNERSHIP. the Secretary. evaluating applications for fellowships under ‘‘(a) ESTABLISHMENT AND PURPOSE.— ‘‘(B) COST SHARING.—In order to receive as- this subsection, the Director shall give consider- ‘‘(1) IN GENERAL.—The Secretary, through the sistance under this section, an applicant for fi- ation to the goal of promoting the participation Director and, if appropriate, through other offi- nancial assistance under subparagraph (A) of underrepresented students in research areas cials, shall provide assistance for the creation shall provide adequate assurances that non- supported by the Institute.’’. and support of manufacturing extension cen- Federal assets obtained from the applicant and SEC. 406. PROGRAMMATIC PLANNING REPORT. ters, to be known as the ‘Hollings Manufac- the applicant’s partnering organizations will be Section 23(d) of the National Institute of turing Extension Centers’, for the transfer of used as a funding source to meet not less than Standards and Technology Act (15 U.S.C. manufacturing technology and best business 50 percent of the costs incurred. For purposes of 278i(d)) is amended by adding at the end the fol- practices (in this Act referred to as the ‘Cen- the preceding sentence, the costs incurred means lowing: ‘‘The 3-year programmatic planning ters’). The program under this section shall be the costs incurred in connection with the activi- document shall also describe how the Director is known as the ‘Hollings Manufacturing Exten- ties undertaken to improve the competitiveness, addressing recommendations from the Visiting sion Partnership’. management, productivity, and technological Committee on Advanced Technology established ‘‘(2) AFFILIATIONS.—Such Centers shall be af- performance of small and medium-sized manu- under section 10.’’. filiated with any United States-based public or facturing companies. nonprofit institution or organization, or group ‘‘(C) AGREEMENTS WITH OTHER ENTITIES.—In SEC. 407. ASSESSMENTS BY THE NATIONAL RE- meeting the 50 percent requirement, it is antici- SEARCH COUNCIL. thereof, that applies for and is awarded finan- cial assistance under this section. pated that a Center will enter into agreements (a) NATIONAL ACADEMY OF SCIENCES RE- ‘‘(3) OBJECTIVE.—The objective of the Centers with other entities such as private industry, in- VIEW.—Not later than 6 months after the date of is to enhance competitiveness, productivity, and stitutions of higher education, and State gov- enactment of this Act, the Director of the Na- technological performance in United States ernments to accomplish programmatic objectives tional Institute of Standards and Technology manufacturing through— and access new and existing resources that will shall enter into a contract with the National ‘‘(A) the transfer of manufacturing tech- further the impact of the Federal investment Academy of Sciences to conduct a single, com- nology and techniques developed at the Insti- made on behalf of small and medium-sized man- prehensive review of the Institute’s laboratory tute to Centers and, through them, to manufac- ufacturing companies. programs. The review shall— turing companies throughout the United States; ‘‘(D) LEGAL RIGHTS.—Each applicant under (1) assess the technical merits and scientific ‘‘(B) the participation of individuals from in- subparagraph (A) shall also submit a proposal caliber of the research conducted at the labora- dustry, institutions of higher education, State for the allocation of the legal rights associated tories; governments, other Federal agencies, and, when with any invention which may result from the (2) examine the strengths and weaknesses of appropriate, the Institute in cooperative tech- proposed Center’s activities. the 2010 laboratory reorganization on the Insti- nology transfer activities; ‘‘(4) MERIT REVIEW.—The Secretary shall sub- tute’s ability to fulfill its mission; ‘‘(C) efforts to make new manufacturing tech- ject each such application to merit review. In (3) evaluate how cross-cutting research and nology and processes usable by United States- making a decision whether to approve such ap- development activities are planned, coordinated, based small and medium-sized companies; plication and provide financial support under and executed across the laboratories; and ‘‘(D) the active dissemination of scientific, en- this section, the Secretary shall consider, at a (4) assess how the laboratories are engaging gineering, technical, and management informa- minimum, the following: industry, including the incorporation of indus- tion about manufacturing to industrial firms, ‘‘(A) The merits of the application, particu- try need, into the research goals and objectives including small and medium-sized manufac- larly those portions of the application regarding of the Institute. turing companies; technology transfer, training and education, (b) ADDITIONAL ASSESSMENTS.—Section 24 of ‘‘(E) the utilization, when appropriate, of the and adaptation of manufacturing technologies the National Institute of Standards and Tech- expertise and capability that exists in Federal to the needs of particular industrial sectors. nology Act (15 U.S.C. 278j) is amended to read laboratories other than the Institute; ‘‘(B) The quality of service to be provided. as follows: ‘‘(F) the provision to community colleges and ‘‘(C) Geographical diversity and extent of ‘‘SEC. 24. ASSESSMENTS BY THE NATIONAL RE- area career and technical education schools of service area. SEARCH COUNCIL. information about the job skills needed in small ‘‘(D) The percentage of funding and amount ‘‘(a) IN GENERAL.—The Institute shall con- and medium-sized manufacturing businesses in of in-kind commitment from other sources. tract with the National Research Council to per- the regions they serve; and ‘‘(5) EVALUATION.— form and report on assessments of the technical ‘‘(G) promoting and expanding certification ‘‘(A) IN GENERAL.—Each Center that receives quality and impact of the work conducted at In- systems offered through industry, associations, financial assistance under this section shall be stitute laboratories. and local colleges, when appropriate. evaluated during its third year of operation by ‘‘(b) SCHEDULE.—Two laboratories shall be as- ‘‘(b) ACTIVITIES.—The activities of the Centers an evaluation panel appointed by the Secretary. sessed under subsection (a) each year, and each shall include— ‘‘(B) COMPOSITION.—Each such evaluation laboratory shall be assessed at least once every ‘‘(1) the establishment of automated manufac- panel shall be composed of private experts, none 3 years. turing systems and other advanced production of whom shall be connected with the involved ‘‘(c) SUMMARY REPORT.—Beginning in the technologies, based on Institute-supported re- Center, and Federal officials. year after the first assessment is conducted search, for the purpose of demonstrations and ‘‘(C) CHAIR.—An official of the Institute shall under subsection (a), and once every two years technology transfer; chair the panel. thereafter, the Institute shall contract with the ‘‘(2) the active transfer and dissemination of ‘‘(D) PERFORMANCE MEASUREMENT.—Each National Research Council to prepare a report research findings and Center expertise to a wide evaluation panel shall measure the involved

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3435 Center’s performance against the objectives section, to the promotion of technology from re- ‘‘(C) assessments of current performance specified in this section. search by Centers under this section except for against Hollings Manufacturing Extension ‘‘(E) POSITIVE EVALUATION.—If the evaluation contracts for such specific technology extension Partnership program plans. is positive, the Secretary may provide continued or transfer services as may be specified by stat- ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP- funding through the sixth year. ute or by the Director. PLICABILITY.— ‘‘(F) PROBATION.—The Secretary shall not ‘‘(7) PROTECTION OF CENTER CLIENT CONFIDEN- ‘‘(A) IN GENERAL.—In discharging its duties provide funding unless the Center has received TIAL INFORMATION.—Section 552 of title 5, under this subsection, the MEP Advisory Board a positive evaluation. A Center that has not re- United States Code, shall apply to the following shall function solely in an advisory capacity, in ceived a positive evaluation by the evaluation information obtained by the Federal Govern- accordance with the Federal Advisory Com- panel shall be notified by the panel of the defi- ment on a confidential basis in connection with mittee Act. ciencies in its performance and shall be placed the activities of any participant involved in the ‘‘(B) EXCEPTION.—Section 14 of the Federal on probation for one year, after which time the Hollings Manufacturing Extension Partnership: Advisory Committee Act shall not apply to the panel shall reevaluate the Center. If the Center ‘‘(A) Information on the business operation of MEP Advisory Board. has not addressed the deficiencies identified by any participant in a Hollings Manufacturing ‘‘(5) REPORT.—The MEP Advisory Board shall the panel, or shown a significant improvement Extension Partnership program or of a client of transmit an annual report to the Secretary for in its performance, the Director shall conduct a a Center. transmittal to Congress within 30 days after the new competition to select an operator for the ‘‘(B) Trade secrets possessed by any client of submission to Congress of the President’s an- Center or may close the Center. a Center. nual budget request in each year. Such report ‘‘(G) ADDITIONAL FINANCIAL SUPPORT.—After ‘‘(8) ADVISORY BOARDS.—Each Center’s advi- shall address the status of the program estab- the sixth year, a Center may receive additional sory boards shall institute a conflict of interest lished pursuant to this section and comment on financial support under this section if it has re- policy, approved by the Director, that ensures the relevant sections of the programmatic plan- ceived a positive evaluation through an inde- the Board represents local small and medium- ning document and updates thereto transmitted pendent review, under procedures established by sized manufacturers in the Center’s region. to Congress by the Director under subsections the Institute. Board Members may not serve as a vendor or (c) and (d) of section 23. ‘‘(H) EIGHT-YEAR REVIEW.—A Center shall un- provide services to the Center, nor may they ‘‘(f) COMPETITIVE GRANT PROGRAM.— dergo an independent review in the 8th year of serve on more than one Center’s oversight board ‘‘(1) ESTABLISHMENT.—The Director shall es- operation. Each evaluation panel shall measure simultaneously. tablish, within the Hollings Manufacturing Ex- the Center’s performance against the objectives ‘‘(d) ACCEPTANCE OF FUNDS.— tension Partnership, under this section and sec- specified in this section. A Center that has not ‘‘(1) IN GENERAL.—In addition to such sums as tion 26, a program of competitive awards among received a positive evaluation as a result of an may be appropriated to the Secretary and Direc- participants described in paragraph (2) for the independent review shall be notified by the Pro- tor to operate the Hollings Manufacturing Ex- purposes described in paragraph (3). gram of the deficiencies in its performance and tension Partnership, the Secretary and Director ‘‘(2) PARTICIPANTS.—Participants receiving shall be placed on probation for one year, after also may accept funds from other Federal de- awards under this subsection shall be the Cen- which time the Program shall reevaluate the partments and agencies and, under section ters, or a consortium of such Centers. Center. If the Center has not addressed the defi- 2(c)(7), from the private sector for the purpose of ‘‘(3) PURPOSE.—The purpose of the program ciencies identified by the review, or shown a sig- strengthening United States manufacturing. under this subsection is to add capabilities to nificant improvement in its performance, the Di- ‘‘(2) ALLOCATION OF FUNDS.— the Hollings Manufacturing Extension Partner- ‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL rector shall conduct a new competition to select ship, including the development of projects to DEPARTMENTS OR AGENCIES.—The Director shall an operator for the Center or may close the Cen- solve new or emerging manufacturing problems determine whether funds accepted from other ter. as determined by the Director, in consultation Federal departments or agencies shall be count- ‘‘(I) RECOMPETITION.—If a recipient of a Cen- with the Director of the Hollings Manufacturing ter award has received financial assistance for ed in the calculation of the Federal share of Extension Partnership program, the MEP Advi- 10 consecutive years, the Director shall conduct capital and annual operating and maintenance sory Board, and small and medium-sized manu- a new competition to select an operator for the costs under subsection (c). facturers. One or more themes for the competi- ‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE SEC- Center consistent with the plan required in this tion may be identified, which may vary from TOR.—Funds accepted from the private sector Act. Incumbent Center operators in good stand- year to year, depending on the needs of manu- under section 2(c)(7), if allocated to a Center, ing shall be eligible to compete for the new facturers and the success of previous competi- may not be considered in the calculation of the award. tions. Centers may be reimbursed for costs in- Federal share under subsection (c) of this sec- ‘‘(J) REPORTS.— curred under the program. tion. ‘‘(i) PLAN.—Not later than 180 days after the ‘‘(4) APPLICATIONS.—Applications for awards DVISORY BOARD.— date of enactment of the America COMPETES ‘‘(e) MEP A ‘‘(1) ESTABLISHMENT.—There is established under this subsection shall be submitted in such Reauthorization Act of 2015, the Director shall within the Institute a Manufacturing Extension manner, at such time, and containing such in- transmit to the Committee on Science, Space, Partnership Advisory Board (in this subsection formation as the Director shall require, in con- and Technology of the House of Representatives referred to as the ‘MEP Advisory Board’). sultation with the MEP Advisory Board. and the Committee on Commerce, Science, and ‘‘(2) MEMBERSHIP.— ‘‘(5) SELECTION.—Awards under this sub- Transportation of the Senate a plan as to how ‘‘(A) IN GENERAL.—The MEP Advisory Board section shall be peer reviewed and competitively the Institute will conduct reviews, assessments, shall consist of not fewer than 10 members awarded. The Director shall endeavor to have and reapplication competitions under this para- broadly representative of stakeholders, to be ap- broad geographic diversity among selected pro- graph. pointed by the Director. At least 2 members shall posals. The Director shall select proposals to re- ‘‘(ii) INDEPENDENT ASSESSMENT.—The Director be employed by or on an advisory board for the ceive awards that will— shall contract with an independent organization Centers, at least 1 member shall represent a com- ‘‘(A) improve the competitiveness of industries to perform an assessment of the implementation munity college, and at least 5 other members in the region in which the Center or Centers are of the reapplication competition process under shall be from United States small businesses in located; this paragraph within 3 years after the trans- the manufacturing sector. No member shall be ‘‘(B) create jobs or train newly hired employ- mittal of the report under clause (i). The organi- an employee of the Federal Government. ees; and zation conducting the assessment under this ‘‘(B) TERM.—Except as provided in subpara- ‘‘(C) promote the transfer and commercializa- clause may consult with the MEP Advisory graph (C) or (D), the term of office of each mem- tion of research and technology from institu- Board. ber of the MEP Advisory Board shall be 3 years. tions of higher education, national laboratories, ‘‘(iii) COMPARISON OF CENTERS.—Not later ‘‘(C) VACANCIES.—Any member appointed to and nonprofit research institutes. than 2 years after the date of enactment of the fill a vacancy occurring prior to the expiration ‘‘(6) PROGRAM CONTRIBUTION.—Recipients of America COMPETES Reauthorization Act of of the term for which his predecessor was ap- awards under this subsection shall not be re- 2015, the Director shall transmit to the Com- pointed shall be appointed for the remainder of quired to provide a matching contribution. mittee on Science, Space, and Technology of the such term. ‘‘(7) GLOBAL MARKETPLACE PROJECTS.—In House of Representatives and the Committee on ‘‘(D) SERVING CONSECUTIVE TERMS.—Any per- making awards under this subsection, the Direc- Commerce, Science, and Transportation of the son who has completed two consecutive full tor, in consultation with the MEP Advisory Senate a report providing information on the terms of service on the MEP Advisory Board Board and the Secretary, may take into consid- first and second years of operations for centers shall thereafter be ineligible for appointment eration whether an application has significant operating from new competitions or recompeti- during the one-year period following the expira- potential for enhancing the competitiveness of tion as compared to longstanding centers. The tion of the second such term. small and medium-sized United States manufac- report shall provide detail on the engagement in ‘‘(3) MEETINGS.—The MEP Advisory Board turers in the global marketplace. services provided by Centers and the character- shall meet not less than 2 times annually and ‘‘(8) DURATION.—Awards under this sub- istics of services provided, including volume and shall provide to the Director— section shall last no longer than 3 years. type of services, so that the Committees can ‘‘(A) advice on Hollings Manufacturing Ex- ‘‘(g) EVALUATION OF OBSTACLES UNIQUE TO evaluate whether the cost-sharing ratio has an tension Partnership programs, plans, and poli- SMALL MANUFACTURERS.—The Director shall— effect on the services provided at Centers. cies; ‘‘(1) evaluate obstacles that are unique to ‘‘(6) PATENT RIGHTS.—The provisions of chap- ‘‘(B) assessments of the soundness of Hollings small manufacturers that prevent such manu- ter 18 of title 35, United States Code, shall Manufacturing Extension Partnership plans facturers from effectively competing in the glob- apply, to the extent not inconsistent with this and strategies; and al market;

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3436 CONGRESSIONAL RECORD — HOUSE May 20, 2015 ‘‘(2) implement a comprehensive plan to train ‘‘(A) advancing an agenda for American en- findings, and recommendations for improving the Centers to address such obstacles; and ergy security through research on energy pro- the strategy, including a review of the most re- ‘‘(3) facilitate improved communication be- duction, storage, transmission, efficiency, and cent budget request for the initiative. tween the Centers to assist such manufacturers use; and (4) PROPOSED BUDGET.—The Director shall in implementing appropriate, targeted solutions ‘‘(B) advancing our understanding of the transmit annually to Congress a proposed budg- to such obstacles. Earth’s climate through research in atmospheric et corresponding to the activities identified in ‘‘(h) DEFINITIONS.—In this section— and environmental sciences; and the strategy. ‘‘(1) the term ‘area career and technical edu- ‘‘(3) National Scientific User Facilities to de- (e) ACCELERATOR RESEARCH AND DEVELOP- cation school’ has the meaning given such term liver the 21st century tools of science, engineer- MENT.—The Director shall carry out research in section 3 of the Carl D. Perkins Career and ing, and technology and provide the Nation’s and development on advanced accelerator and Technical Education Improvement Act of 2006 researchers with the most advanced tools of storage ring technologies relevant to the devel- (20 U.S.C. 2302); and modern science including accelerators, colliders, opment of Basic Energy Sciences user facilities, ‘‘(2) the term ‘community college’ means an supercomputers, light sources and neutron in consultation with the Office of Science’s High institution of higher education (as defined sources, and facilities for studying materials Energy Physics and Nuclear Physics programs. under section 101(a) of the Higher Education science. (f) ENERGY FRONTIER RESEARCH CENTERS.— Act of 1965 (20 U.S.C. 1001(a))) at which the ‘‘(d) COORDINATION WITH OTHER DEPARTMENT (1) IN GENERAL.—The Director shall carry out highest degree that is predominately awarded to OF ENERGY PROGRAMS.—The Under Secretary a program to provide awards, on a competitive, students is an associate’s degree.’’. for Science and Energy shall ensure the coordi- merit-reviewed basis, to multi-institutional col- SEC. 409. ELIMINATION OF OBSOLETE REPORTS. nation of Office of Science activities and pro- laborations or other appropriate entities to con- Section 28 of the National Institute of Stand- grams with other activities of the Department.’’. duct fundamental and use-inspired energy re- ards and Technology Act (15 U.S.C. 278n) is SEC. 502. BASIC ENERGY SCIENCES. search to accelerate scientific breakthroughs. (2) COLLABORATIONS.—A collaboration receiv- amended— (a) PROGRAM.—The Director shall carry out a ing an award under this subsection may include (1) by striking subsection (g); and program in basic energy sciences, including ma- multiple types of institutions and private sector (2) in subsection (k)— terials sciences and engineering, chemical (A) in paragraph (3), by inserting ‘‘and’’ after entities. sciences, physical biosciences, and geosciences, the semicolon at the end; (3) SELECTION AND DURATION.— for the purpose of providing the scientific foun- (B) in paragraph (4)(B), by striking ‘‘; and’’ (A) IN GENERAL.—A collaboration under this dations for new energy technologies. at the end and inserting a period; and subsection shall be selected for a period of 5 (b) MISSION.—The mission of the program de- (C) by striking paragraph (5). years. An Energy Frontier Research Center al- scribed in subsection (a) shall be to support fun- ready in existence and supported by the Direc- SEC. 410. MODIFICATIONS TO GRANTS AND COOP- damental research to understand, predict, and ERATIVE AGREEMENTS. tor on the date of enactment of this Act may ultimately control matter and energy at the elec- Section 8(a) of the Stevenson-Wydler Tech- continue to receive support for a period of 5 tronic, atomic, and molecular levels in order to nology Innovation Act of 1980 (15 U.S.C. years beginning on the date of establishment of provide the foundations for new energy tech- 3706(a)) is amended by striking ‘‘The total that center. nologies and to support Department missions in amount of any such grant or cooperative agree- (B) REAPPLICATION.—After the end of the pe- energy, environment, and national security. ment may not exceed 75 percent of the total cost riod described in subparagraph (A), an awardee (c) BASIC ENERGY SCIENCES USER FACILI- of the program.’’. may reapply for selection for a second period of TIES.—The Director shall carry out a subpro- 5 years on a competitive, merit-reviewed basis. SEC. 411. INFORMATION SYSTEMS STANDARDS gram for the development, construction, oper- CONSULTATION. (C) TERMINATION.—Consistent with the exist- ation, and maintenance of national user facili- ing authorities of the Department, the Director Section 20(c)(1) of the National Institute of ties to support the program under this section. Standards and Technology Act (15 U.S.C. 278g— may terminate an underperforming center for As practicable, these facilities shall serve the cause during the performance period. 3(c)(1)) is amended by striking ‘‘the National Se- needs of the Department, industry, the academic curity Agency,’’. (4) NO FUNDING FOR CONSTRUCTION.—No fund- community, and other relevant entities to create ing provided pursuant to this subsection may be SEC. 412. UNITED STATES-ISRAELI COOPERATION. and examine new materials and chemical proc- used for the construction of new buildings or fa- It is the Sense of Congress that— esses for the purposes of advancing new energy cilities. (1) partnerships that facilitate basic scientific technologies and improving the competitiveness SEC. 503. ADVANCED SCIENTIFIC COMPUTING RE- research between the United States and Israel of the United States. These facilities shall in- advance technology development, innovation, SEARCH. clude— (a) PROGRAM.—The Director shall carry out a and commercialization leading to growth in var- (1) x-ray light sources; research, development, and demonstration pro- ious sectors, including manufacturing, and cre- (2) neutron sources; gram to advance computational and networking ating benefits for both nations; (3) nanoscale science research centers; and (2) joint research and development agreements capabilities to analyze, model, simulate, and (4) other facilities the Director considers ap- predict complex phenomena relevant to the de- carried out through government organizations propriate, consistent with section 209 of the De- like the National Institute of Standards and velopment of new energy technologies and the partment of Energy Organization Act (42 U.S.C. competitiveness of the United States. Technology support these efforts; 7139). (3) partnerships between the United States (b) FACILITIES.—The Director, as part of the (d) LIGHT SOURCE LEADERSHIP INITIATIVE.— program described in subsection (a), shall de- and Israel that further the basic scientific enter- (1) ESTABLISHMENT.—In support of the sub- prise should be encouraged; and velop and maintain world-class computing and program authorized in subsection (c), the Direc- network facilities for science and deliver critical (4) the National Institute of Standards and tor shall establish an initiative to sustain and Technology should continue to facilitate sci- research in applied mathematics, computer advance global leadership of light source user science, and advanced networking to support entific collaborations between Israel and United facilities. States’ technical agencies working in measure- the Department’s missions. (2) LEADERSHIP STRATEGY.—Not later than 9 ment science and standardization. (c) DEFINITIONS.—Section 2 of the Department months after the date of enactment of this Act, of Energy High-End Computing Revitalization TITLE V—DEPARTMENT OF ENERGY and biennially thereafter, the Director shall pre- Act of 2004 (15 U.S.C. 5541) is amended by strik- SCIENCE pare, in consultation with relevant stake- ing paragraphs (1) through (5) and inserting the SEC. 501. MISSION. holders, and submit to the Committee on following: Section 209 of the Department of Energy Or- Science, Space, and Technology of the House of ‘‘(1) CO-DESIGN.—The term ‘co-design’ means ganization Act (42 U.S.C. 7139) is amended by Representatives and the Committee on Energy the joint development of application algorithms, adding at the end the following: and Natural Resources of the Senate a light models, and codes with computer technology ar- ‘‘(c) MISSION.—The mission of the Office of source leadership strategy that— chitectures and operating systems to maximize Science shall be the delivery of scientific discov- (A) identifies, prioritizes, and describes plans effective use of high-end computing systems. eries, capabilities, and major scientific tools to for the development, construction, and oper- ‘‘(2) DEPARTMENT.—The term ‘Department’ transform the understanding of nature and to ation of light sources over the next decade; means the Department of Energy. advance the energy, economic, and national se- (B) describes plans for optimizing management ‘‘(3) EXASCALE.—The term ‘exascale’ means curity of the United States. In support of this and use of existing light source facilities; and computing system performance at or near 10 to mission, the Director shall carry out programs (C) assesses the international outlook for light the 18th power floating point operations per sec- on basic energy sciences, advanced scientific source user facilities and describes plans for ond. computing research, high energy physics, bio- United States cooperation in such projects. ‘‘(4) HIGH-END COMPUTING SYSTEM.—The term logical and environmental research, fusion en- (3) ADVISORY COMMITTEE FEEDBACK AND REC- ‘high-end computing system’ means a computing ergy sciences, and nuclear physics, including as OMMENDATIONS.—Not later than 45 days after system with performance that substantially ex- provided under subtitle A of title V of the Amer- submission of the strategy described in para- ceeds that of systems that are commonly avail- ica COMPETES Reauthorization Act of 2015, graph (2), the Basic Energy Sciences Advisory able for advanced scientific and engineering ap- through activities focused on— Committee shall provide the Director, the Com- plications. ‘‘(1) fundamental scientific discoveries mittee on Science, Space, and Technology of the ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The through the study of matter and energy; House of Representatives, and the Committee on term ‘institution of higher education’ has the ‘‘(2) science in the national interest, includ- Energy and Natural Resources of the Senate a meaning given the term in section 2 of the En- ing— report of the Advisory Committee’s analyses, ergy Policy Act of 2005 (42 U.S.C. 15801).

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3437

‘‘(6) LEADERSHIP SYSTEM.—The term ‘leader- ities of National Laboratories and industry, ac- celerators that advance applications in energy ship system’ means a high-end computing sys- quisition strategy, and estimated resources re- and the environment, medicine, industry, na- tem that is among the most advanced in the quired, to achieve this exascale system capa- tional security, and discovery science. world in terms of performance in solving sci- bility. The report shall include the Secretary’s (f) INTERNATIONAL COLLABORATION.—The Di- entific and engineering problems. plan for Departmental organization to manage rector, as practicable and in coordination with ‘‘(7) NATIONAL LABORATORY.—The term ‘Na- and execute the Exascale Computing Program, other appropriate Federal agencies as necessary, tional Laboratory’ means any one of the seven- including definition of the roles and responsibil- shall ensure the access of United States re- teen laboratories owned by the Department. ities within the Department to ensure an inte- searchers to the most advanced accelerator fa- ‘‘(8) SECRETARY.—The term ‘Secretary’ means grated program across the Department. The re- cilities and research capabilities in the world, the Secretary of Energy. port shall also include a plan for ensuring bal- including the Large Hadron Collider. ‘‘(9) SOFTWARE TECHNOLOGY.—The term ‘soft- ance and prioritizing across ASCR subprograms SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RE- ware technology’ includes optimal algorithms, in a flat or slow-growth budget environment. SEARCH. programming environments, tools, languages, ‘‘(B) STATUS REPORTS.—At the time of the (a) PROGRAM.—The Director shall carry out a and operating systems for high-end computing budget submission of the Department for each program of research, development, and dem- systems.’’. fiscal year, the Secretary shall submit a report onstration in the areas of biological systems (d) DEPARTMENT OF ENERGY HIGH-END COM- to Congress that describes the status of mile- science and climate and environmental science PUTING RESEARCH AND DEVELOPMENT PRO- stones and costs in achieving the objectives of to support the energy and environmental mis- GRAM.—Section 3 of the Department of Energy the exascale computing program. sions of the Department. High-End Computing Revitalization Act of 2004 ‘‘(C) EXASCALE MERIT REPORT.—At least 18 (b) PRIORITY RESEARCH.—In carrying out this (15 U.S.C. 5542) is amended— months prior to the initiation of construction or section, the Director shall prioritize funda- (1) in subsection (a)— installation of any exascale-class computing fa- mental research on biological systems and (A) in paragraph (1), by striking ‘‘program’’ cility, the Secretary shall transmit a plan to the genomics science with the greatest potential to and inserting ‘‘coordinated program across the Congress detailing— enable scientific discovery. Department’’; ‘‘(i) the proposed facility’s cost projections (c) ASSESSMENT.—Not later than 12 months (B) by striking ‘‘and’’ at the end of paragraph and capabilities to significantly accelerate the after the date of enactment of this Act, the (1); development of new energy technologies; Comptroller General shall submit a report to (C) by striking the period at the end of para- ‘‘(ii) technical risks and challenges that must Congress identifying climate science-related ini- graph (2) and inserting ‘‘; and’’; and be overcome to achieve successful completion tiatives under this section that overlap or dupli- (D) by adding at the end the following new and operation of the facility; and cate initiatives of other Federal agencies and paragraph: ‘‘(iii) an independent assessment of the sci- the extent of such overlap or duplication. ‘‘(3) partner with universities, National Lab- entific and technological advances expected (d) LIMITATION.—The Director shall not ap- oratories, and industry to ensure the broadest from such a facility relative to those expected prove new climate science-related initiatives to possible application of the technology developed from a comparable investment in expanded re- be carried out through the Office of Science in this program to other challenges in science, search and applications at terascale-class and without making a determination that such work engineering, medicine, and industry.’’; petascale-class computing facilities, including is unique and not duplicative of work by other (2) in subsection (b)(2), by striking ‘‘vector’’ an evaluation of where investments should be Federal agencies. Not later than 3 months after and all that follows through ‘‘architectures’’ made in the system software and algorithms to receiving the assessment required under sub- and inserting ‘‘computer technologies that show enable these advances.’’. section (c), the Director shall cease those climate promise of substantial reductions in power re- science-related initiatives identified in the as- SEC. 504. HIGH ENERGY PHYSICS. quirements and substantial gains in parallelism sessment as overlapping or duplicative, unless (a) PROGRAM.—The Director shall carry out a of multicore processors, concurrency, memory the Director justifies that such work is critical research program on the fundamental constitu- and storage, bandwidth, and reliability’’; and to achieving American energy security. ents of matter and energy and the nature of (3) by striking subsection (d) and inserting the (e) LOW DOSE RADIATION RESEARCH PRO- space and time. following: GRAM.— (b) SENSE OF CONGRESS.—It is the sense of the ‘‘(d) EXASCALE COMPUTING PROGRAM.— (1) IN GENERAL.—The Director of the Depart- ‘‘(1) IN GENERAL.—The Secretary shall con- Congress that— ment of Energy Office of Science shall carry out duct a coordinated research program to develop (1) the Director should incorporate the find- a research program on low dose radiation. The exascale computing systems to advance the mis- ings and recommendations of the Particle Phys- purpose of the program is to enhance the sci- sions of the Department. ics Project Prioritization Panel’s report entitled entific understanding of and reduce uncertain- ‘‘(2) EXECUTION.—The Secretary shall, ‘‘Building for Discovery: Strategic Plan for U.S. ties associated with the effects of exposure to through competitive merit review, establish two Particle Physics in the Global Context’’, into the low dose radiation in order to inform improved or more National Laboratory-industry-univer- Department’s planning process as part of the risk management methods. sity partnerships to conduct integrated research, program described in subsection (a); (2) STUDY.—Not later than 60 days after the development, and engineering of multiple (2) the Director should prioritize domestically date of enactment of this Act, the Director shall exascale architectures, and— hosted research projects that will maintain the enter into an agreement with the National ‘‘(A) conduct mission-related co-design activi- United States position as a global leader in par- Academies to conduct a study assessing the cur- ties in developing such exascale platforms; ticle physics and attract the world’s most tal- rent status and development of a long-term ‘‘(B) develop those advancements in hardware ented physicists and foreign investment for strategy for low dose radiation research. Such and software technology required to fully real- international collaboration; and study shall be completed not later than 18 ize the potential of an exascale production sys- (3) the nations that lead in particle physics by months after the date of enactment of this Act. tem in addressing Department target applica- hosting international teams dedicated to a com- The study shall be conducted in coordination tions and solving scientific problems involving mon scientific goal attract the world’s best tal- with Federal agencies that perform ionizing ra- predictive modeling and simulation and large- ent and inspire future generations of physicists diation effects research and shall leverage the scale data analytics and management; and and technologists. most current studies in this field. Such study ‘‘(C) explore the use of exascale computing (c) NEUTRINO RESEARCH.—As part of the pro- shall— technologies to advance a broad range of science gram described in subsection (a), the Director (A) identify current scientific challenges for and engineering. shall carry out research activities on rare decay understanding the long-term effects of ionizing ‘‘(3) ADMINISTRATION.—In carrying out this processes and the nature of the neutrino, which radiation; program, the Secretary shall— may include collaborations with the National (B) assess the status of current low dose radi- ‘‘(A) provide, on a competitive, merit-reviewed Science Foundation or international collabora- ation research in the United States and inter- basis, access for researchers in United States in- tions. nationally; dustry, institutions of higher education, Na- (d) DARK ENERGY AND DARK MATTER RE- (C) formulate overall scientific goals for the tional Laboratories, and other Federal agencies SEARCH.—As part of the program described in future of low-dose radiation research in the to these exascale systems, as appropriate; and subsection (a), the Director shall carry out re- United States; ‘‘(B) conduct outreach programs to increase search activities on the nature of dark energy (D) recommend a long-term strategic and the readiness for the use of such platforms by and dark matter, which may include collabora- prioritized research agenda to address scientific domestic industries, including manufacturers. tions with the National Aeronautics and Space research goals for overcoming the identified sci- ‘‘(4) REPORTS.— Administration or the National Science Founda- entific challenges in coordination with other re- ‘‘(A) INTEGRATED STRATEGY AND PROGRAM tion, or international collaborations. search efforts; MANAGEMENT PLAN.—The Secretary shall submit (e) ACCELERATOR RESEARCH AND DEVELOP- (E) define the essential components of a re- to Congress, not later than 90 days after the MENT.—The Director shall carry out research search program that would address this research date of enactment of the America COMPETES and development in advanced accelerator con- agenda within the universities and the National Reauthorization Act of 2015, a report outlining cepts and technologies, including laser tech- Laboratories; and an integrated strategy and program manage- nologies, to reduce the necessary scope and cost (F) assess the cost-benefit effectiveness of such ment plan, including target dates for for the next generation of particle accelerators. a program. prototypical and production exascale platforms, The Director shall ensure access to national lab- (3) RESEARCH PLAN.—Not later than 90 days interim milestones to reaching these targets, oratory accelerator facilities, infrastructure, after the completion of the study performed functional requirements, roles and responsibil- and technology for users and developers of ac- under paragraph (2) the Secretary of Energy

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3438 CONGRESSIONAL RECORD — HOUSE May 20, 2015 shall deliver to the Committee on Science, Space, cations, including ion beam, laser, and pulsed Advisory Panel. No member of the Fusion En- and Technology of the House of Representatives power fusion systems. ergy Sciences Advisory Committee shall be ex- and the Committee on Energy and Natural Re- (e) ALTERNATIVE AND ENABLING CONCEPTS.— cluded from participating in developing or vot- sources of the Senate a 5-year research plan (1) IN GENERAL.—As part of the program de- ing on final approval of the report required that responds to the study’s findings and rec- scribed in subsection (a), the Director shall sup- under paragraph (1). ommendations and identifies and prioritizes re- port research and development activities and fa- SEC. 507. NUCLEAR PHYSICS. search needs. cility operations at United States universities, (a) PROGRAM.—The Director shall carry out a (4) DEFINITION.—In this subsection, the term national laboratories, and private facilities for a program of experimental and theoretical re- ‘‘low dose radiation’’ means a radiation dose of portfolio of alternative and enabling fusion en- search, and support associated facilities, to dis- less than 100 millisieverts. ergy concepts that may provide solutions to sig- cover, explore, and understand all forms of nu- (5) RULE OF CONSTRUCTION.—Nothing in this nificant challenges to the establishment of a clear matter. subsection shall be construed to subject any re- commercial magnetic fusion power plant, (b) ISOTOPE DEVELOPMENT AND PRODUCTION search carried out by the Director under the re- prioritized based on the ability of the United FOR RESEARCH APPLICATIONS.—The Director search program under this subsection to any States to play a leadership role in the inter- shall carry out a program for the production of limitations described in section 977(e) of the En- national fusion research community. Fusion en- isotopes, including the development of tech- ergy Policy Act of 2005 (42 U.S.C. 16317(e)). ergy concepts and activities explored under this niques to produce isotopes, that the Secretary SEC. 506. FUSION ENERGY. paragraph may include— determines are needed for research, medical, in- (a) PROGRAM.—The Director shall carry out a (A) high magnetic field approaches facilitated dustrial, or other purposes. In making this de- fusion energy sciences research program to ex- by high temperature superconductors; termination, the Secretary shall— pand the fundamental understanding of plas- (B) advanced stellarator concepts; (1) ensure that, as has been the policy of the mas and matter at very high temperatures and (C) non-tokamak confinement configurations United States since the publication in 1965 of densities and to build the scientific foundation operating at low magnetic fields; Federal Register notice 30 Fed. Reg. 3247, iso- (D) magnetized target fusion energy concepts; necessary to enable fusion power. tope production activities do not compete with (E) liquid metals to address issues associated (b) FUSION MATERIALS RESEARCH AND DEVEL- private industry unless critical national inter- with fusion plasma interactions with the inner OPMENT.—As part of the activities authorized in ests necessitate the Federal Government’s in- wall of the encasing device; section 978 of the Energy Policy Act of 2005 (42 volvement; (F) immersion blankets for heat management U.S.C. 16318)— (2) ensure that activities undertaken pursuant and fuel breeding; (1) the Director, in coordination with the As- to this section, to the extent practicable, pro- (G) advanced scientific computing activities; mote the growth of a robust domestic isotope sistant Secretary for Nuclear Energy of the De- and partment, shall carry out research and develop- production industry; and (H) other promising fusion energy concepts (3) consider any relevant recommendations ment activities to identify, characterize, and identified by the Director. made by Federal advisory committees, the Na- demonstrate materials that can endure the neu- (2) COORDINATION WITH ARPA–E.—The Under tional Academies, and interagency working tron, plasma, and heat fluxes expected in a fu- Secretary and the Director shall coordinate with groups in which the Department participates. sion power system; and the Director of the Advanced Research Projects (2) the Secretary shall— SEC. 508. SCIENCE LABORATORIES INFRASTRUC- Agency–Energy (in this paragraph referred to as TURE PROGRAM. (A) provide an assessment of the need for a fa- ‘‘ARPA–E’’) to— (a) PROGRAM.—The Director shall carry out a cility or facilities that can examine and test po- (A) assess the potential for any fusion energy program to improve the safety, efficiency, and tential fusion and next generation fission mate- project supported by ARPA–E to represent a mission readiness of infrastructure at Office of rials and other enabling technologies relevant to promising approach to a commercially viable fu- Science laboratories. The program shall include the development of fusion power; and sion power plant; projects to— (B) provide an assessment of whether a single (B) determine whether the results of any fu- (1) renovate or replace space that does not new facility that substantially addresses mag- sion energy project supported by ARPA–E merit meet research needs; netic fusion and next generation fission mate- the support of follow-on research activities car- (2) replace facilities that are no longer cost ef- rials research needs is feasible, in conjunction ried out by the Office of Science; and fective to renovate or operate; with the expected capabilities of facilities oper- (C) avoid unintentional duplication of activi- (3) modernize utility systems to prevent fail- ational as of the date of enactment of this Act. ties. ures and ensure efficiency; (c) TOKAMAK RESEARCH AND DEVELOPMENT.— (f) GENERAL PLASMA SCIENCE AND APPLICA- (4) remove excess facilities to allow safe and (1) IN GENERAL.—As part of the program de- TIONS.—Not later than 2 years after the date of efficient operations; and scribed in subsection (a), the Director shall sup- enactment of this Act, the Secretary shall pro- (5) construct modern facilities to conduct ad- port research and development activities and fa- vide to Congress an assessment of opportunities vanced research in controlled environmental cility operations to optimize the tokamak ap- in which the United States can provide world- conditions. proach to fusion energy. leading contributions to advancing plasma (b) APPROACH.—In carrying out this section, (2) ITER.— science and non-fusion energy applications, and the Director shall utilize all available ap- (A) REPORT.—Not later than 1 year after the identify opportunities for partnering with other proaches and mechanisms, including capital line date of enactment of this Act, the Secretary Federal agencies both within and outside of the items, minor construction projects, energy sav- shall submit to Congress a report providing an Department of Energy. ings performance contracts, utility energy serv- assessment of— (g) IDENTIFICATION OF PRIORITIES.— ice contracts, alternative financing, and expense (i) the most recent schedule for ITER that has (1) REPORT.—Not later than 2 years after the funding, as appropriate. been approved by the ITER Council; and date of enactment of this Act, the Secretary SEC. 509. DOMESTIC MANUFACTURING. (ii) progress of the ITER Council and the shall transmit to Congress a report on the De- Not later than 1 year after the date of enact- ITER Director General toward implementation partment’s proposed fusion energy research and ment of this Act, the Secretary shall transmit to of the recommendations of the Third Biennial development activities over the following 10 the Committee on Science, Space, and Tech- International Organization Management Assess- years under at least 3 realistic budget scenarios, nology of the House of Representatives and the ment Report. including a scenario based on 3 percent annual Committee on Energy and Natural Resources of (B) FAIRNESS IN COMPETITION FOR SOLICITA- growth in the non-ITER portion of the budget the Senate a report on the current ability of do- TIONS FOR INTERNATIONAL PROJECT ACTIVITIES.— for fusion energy research and development ac- mestic manufacturers to meet the procurement Section 33 of the Atomic Energy Act of 1954 (42 tivities. The report shall— requirements for major ongoing projects funded U.S.C. 2053) is amended by adding at the end (A) identify specific areas of fusion energy re- by the Office of Science of the Department, in- the following: ‘‘For purposes of this section, search and enabling technology development in cluding a calculation of the percentage of equip- with respect to international research projects, which the United States can and should estab- ment acquired from domestic manufacturers for the term ‘private facilities or laboratories’ shall lish or solidify a lead in the global fusion energy this purpose. refer to facilities or laboratories located in the development effort; SEC. 510. AUTHORIZATION OF APPROPRIATIONS. United States.’’. (B) identify priorities for initiation of facility (a) FISCAL YEAR 2016.—There are authorized (C) SENSE OF CONGRESS.—It is the sense of construction and facility decommissioning under to be appropriated to the Secretary for the Of- Congress that the United States should support each of those scenarios; and fice of Science for fiscal year 2016 $5,339,800,000, a robust, diverse fusion program. It is further (C) assess the ability of the United States fu- of which— the sense of Congress that developing the sci- sion workforce to carry out the activities identi- (1) $1,850,000,000 shall be for Basic Energy entific basis for fusion, providing research re- fied in subparagraphs (A) and (B), including Science; sults key to the success of ITER, and training the adequacy of college and university programs (2) $788,000,000 shall be for High Energy Phys- the next generation of fusion scientists are of to train the leaders and workers of the next gen- ics; critical importance to the United States and eration of fusion energy researchers. (3) $550,000,000 shall be for Biological and En- should in no way be diminished by participation (2) PROCESS.—In order to develop the report vironmental Research; of the United States in the ITER project. required under paragraph (1), the Secretary (4) $624,700,000 shall be for Nuclear Physics; (d) INERTIAL FUSION ENERGY RESEARCH AND shall leverage best practices and lessons learned (5) $621,000,000 shall be for Advanced Sci- DEVELOPMENT PROGRAM.—The Secretary shall from the process used to develop the most recent entific Computing Research; carry out a program of research and technology report of the Particle Physics Project (6) $488,000,000 shall be for Fusion Energy development in inertial fusion for energy appli- Prioritization Panel of the High Energy Physics Sciences;

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3439 (7) $113,600,000 shall be for Science Labora- mental organizations, institutions of higher edu- ‘‘SEC. 921. DISTRIBUTED ENERGY AND ELECTRIC tories Infrastructure; cation, or other stakeholders. ENERGY SYSTEMS. (8) $181,000,000 shall be for Science Program SEC. 602. STRATEGIC RESEARCH PORTFOLIO ‘‘(a) IN GENERAL.—The Secretary shall carry Direction; ANALYSIS AND COORDINATION out programs of research, development, dem- (9) $103,000,000 shall be for Safeguards and PLAN. onstration, and commercial application on dis- Security; and Section 994 of Energy Policy Act of 2005 (42 tributed energy resources and systems reliability (10) $20,500,000 shall be for Workforce Devel- U.S.C. 16358) is amended to read as follows: and efficiency, to improve the reliability and ef- opment for Teachers and Scientists. ‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO ficiency of distributed energy resources and sys- (b) FISCAL YEAR 2017.—There are authorized ANALYSIS AND COORDINATION tems, integrating advanced energy technologies to be appropriated to the Secretary for the Of- PLAN. with grid connectivity, including activities de- fice of Science for fiscal year 2017 $5,339,800,000, ‘‘(a) IN GENERAL.—The Secretary shall peri- scribed in this subtitle. The programs shall ad- of which— odically review all of the science and technology dress advanced energy technologies and systems (1) $1,850,000,000 shall be for Basic Energy activities of the Department in a strategic and advanced grid security, resiliency, and reli- Science; framework that takes into account the frontiers ability technologies. (2) $788,000,000 shall be for High Energy Phys- of science to which the Department can con- ‘‘(b) OBJECTIVES.—To the maximum extent ics; tribute, the national needs relevant to the De- practicable, the Secretary shall seek to— (3) $550,000,000 shall be for Biological and En- partment’s statutory missions, and global energy ‘‘(1) leverage existing programs; vironmental Research; dynamics. ‘‘(2) consolidate and coordinate activities (4) $624,700,000 shall be for Nuclear Physics; ‘‘(b) COORDINATION ANALYSIS AND PLAN.—As throughout the Department to promote collabo- (5) $621,000,000 shall be for Advanced Sci- part of the review under subsection (a), the Sec- ration and crosscutting approaches; entific Computing Research; retary shall develop a plan to improve coordina- ‘‘(3) ensure activities are undertaken in a (6) $488,000,000 shall be for Fusion Energy tion and collaboration in research, development, manner that does not duplicate other activities Sciences; demonstration, and commercial application ac- within the Department or other Federal Govern- (7) $113,600,000 shall be for Science Labora- tivities across Department organizational ment activities; and tories Infrastructure; boundaries. ‘‘(4) identify programs that may be more effec- (8) $181,000,000 shall be for Science Program ‘‘(c) PLAN CONTENTS.—The plan shall de- tively left to the States, industry, nongovern- Direction; scribe— mental organizations, institutions of higher edu- (9) $103,000,000 shall be for Safeguards and ‘‘(1) cross-cutting scientific and technical cation, or other stakeholders.’’. Security; and issues and research questions that span more SEC. 612. ELECTRIC TRANSMISSION AND DIS- (10) $20,500,000 shall be for Workforce Devel- than one program or major office of the Depart- TRIBUTION RESEARCH AND DEVEL- opment for Teachers and Scientists. ment; OPMENT. SEC. 511. DEFINITIONS. ‘‘(2) how the applied technology programs of (a) AMENDMENTS.—Section 925 of the Energy In this title— the Department are coordinating their activities, Policy Act of 2005 (42 U.S.C. 16215) is amended— (1) the term ‘‘Department’’ means the Depart- and addressing those questions; (1) by amending the section heading to read ment of Energy; ‘‘(3) ways in which the technical interchange as follows: ‘‘ELECTRIC TRANSMISSION AND (2) the term ‘‘Director’’ means the Director of within the Department, particularly between DISTRIBUTION RESEARCH AND DEVELOP- the Office of Science of the Department; and the Office of Science and the applied technology MENT’’; (3) the term ‘‘Secretary’’ means the Secretary programs, can be enhanced, including limited (2) by amending subsection (a) to read as fol- of Energy. ways in which the research agendas of the Of- lows: TITLE VI—DEPARTMENT OF ENERGY fice of Science and the applied programs can ‘‘(a) PROGRAM.—The Secretary shall establish APPLIED RESEARCH AND DEVELOPMENT better interact and assist each other; a comprehensive research, development, and ‘‘(4) a description of how the Secretary will demonstration program to ensure the reliability, Subtitle A—Crosscutting Research and ensure that the Department’s overall research efficiency, and environmental integrity of elec- Development agenda include, in addition to fundamental, cu- trical transmission and distribution systems, SEC. 601. CROSSCUTTING RESEARCH AND DEVEL- riosity-driven research, fundamental research which shall include innovations for— OPMENT. related to topics of concern to the applied pro- ‘‘(1) advanced energy delivery technologies, (a) CROSSCUTTING RESEARCH AND DEVELOP- grams, and applications in Departmental tech- energy storage technologies, materials, and sys- MENT.—The Secretary shall, through the Under nology programs of research results generated tems; Secretary for Science and Energy, utilize the ca- by fundamental, curiosity-driven research; ‘‘(2) advanced grid reliability and efficiency pabilities of the Department to identify strategic ‘‘(5) critical assessments of any ongoing pro- technology development; opportunities for collaborative research, devel- grams that have experienced sub-par perform- ‘‘(3) technologies contributing to significant opment, demonstration, and commercial applica- ance or cost over-runs of 10 percent or more over load reductions; tion of innovative science and technologies for— one or more years; and ‘‘(4) advanced metering, load management, (1) advancing the understanding of the en- ‘‘(6) activities that may be more effectively left and control technologies; ergy-water-land use nexus; to the States, industry, nongovernmental orga- ‘‘(5) technologies to enhance existing grid (2) modernizing the electric grid by improving nizations, institutions of higher education, or components; energy transmission and distribution systems se- other stakeholders. ‘‘(6) the development and use of high-tempera- curity and resiliency; ‘‘(d) PLAN TRANSMITTAL.—Not later than 1 ture superconductors to— (3) utilizing supercritical carbon dioxide in year after the date of enactment of the America ‘‘(A) enhance the reliability, operational flexi- electric power generation; COMPETES Reauthorization Act of 2015, and bility, or power-carrying capability of electric (4) subsurface technology and engineering; every 4 years thereafter, the Secretary shall transmission or distribution systems; or (5) high performance computing; transmit to the Committee on Science, Space, ‘‘(B) increase the efficiency of electric energy (6) cybersecurity; and and Technology of the House of Representatives generation, transmission, distribution, or stor- (7) critical challenges identified through com- and the Committee on Energy and Natural Re- age systems; prehensive energy studies, evaluations, and re- sources of the Senate the results of the review ‘‘(7) integration of power systems, including views. under subsection (a) and the coordination plan systems to deliver high-quality electric power, (b) CROSSCUTTING APPROACHES.—To the max- under subsection (b).’’. electric power reliability, and combined heat imum extent practicable, the Secretary shall and power; SEC. 603. STRATEGY FOR FACILITIES AND INFRA- seek to leverage existing programs, and consoli- ‘‘(8) supply of electricity to the power grid by date and coordinate activities, throughout the STRUCTURE. (a) AMENDMENTS.—Section 993 of the Energy small scale, distributed, and residential-based Department to promote collaboration and cross- Policy Act of 2005 (42 U.S.C. 16357) is amended— power generators; cutting approaches within programs. (1) by amending the section heading to read ‘‘(9) the development and use of advanced (c) ADDITIONAL ACTIONS.—The Secretary as follows: ‘‘STRATEGY FOR FACILITIES grid design, operation, and planning tools; and shall— ‘‘(10) any other infrastructure technologies, as (1) prioritize activities that promote the utili- AND INFRASTRUCTURE’’; and (2) in subsection (b)(1), by striking ‘‘2008’’ and appropriate.’’; and zation of all affordable domestic resources; inserting ‘‘2018’’. (3) by amending subsection (c) to read as fol- (2) develop a rigorous and realistic planning, (b) TABLE OF CONTENTS AMENDMENT.—The lows: evaluation, and technical assessment framework item relating to section 993 in the table of con- ‘‘(c) IMPLEMENTATION.— for setting objective, long-term strategic goals tents of the Energy Policy Act of 2005 is amend- ‘‘(1) CONSORTIUM.—The Secretary shall con- and evaluating progress that ensures the integ- ed to read as follows: sider implementing the program under this sec- rity and independence to insulate planning from tion using a consortium of participants from in- ‘‘Sec. 993. Strategy for facilities and infrastruc- political influence and the flexibility to adapt to dustry, institutions of higher education, and ture.’’. market dynamics; National Laboratories. (3) ensure that activities shall be undertaken Subtitle B—Electricity Delivery and Energy ‘‘(2) OBJECTIVES.—To the maximum extent in a manner that does not duplicate other ac- Reliability Research and Development practicable the Secretary shall seek to— tivities within the Department or other Federal SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ‘‘(A) leverage existing programs; Government activities; and ENERGY SYSTEMS. ‘‘(B) consolidate and coordinate activities, (4) identify programs that may be more effec- Section 921 of the Energy Policy Act of 2005 throughout the Department to promote collabo- tively left to the States, industry, nongovern- (42 U.S.C. 16211) is amended to read as follows: ration and crosscutting approaches;

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3440 CONGRESSIONAL RECORD — HOUSE May 20, 2015 ‘‘(C) ensure activities are undertaken in a sections (c) through (e) and inserting the fol- (4) by inserting before subsection (d), as so re- manner that does not duplicate other activities lowing: designated by paragraph (3) of this subsection, within the Department or other Federal Govern- ‘‘(c) REACTOR CONCEPTS.— the following new subsections: ment activities; and ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(D) identify programs that may be more ef- out a program of research, development, dem- duct a fuel cycle research, development, dem- fectively left to the States, industry, nongovern- onstration, and commercial application to ad- onstration, and commercial application program mental organizations, institutions of higher edu- vance nuclear power systems as well as tech- (referred to in this section as the ‘program’) on cation, or other stakeholders.’’. nologies to sustain currently deployed systems. fuel cycle options that improve uranium re- (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(2) DESIGNS AND TECHNOLOGIES.—In con- source utilization, maximize energy generation, item relating to section 925 in the table of con- ducting the program under this subsection, the minimize nuclear waste creation, improve safe- tents of the Energy Policy Act of 2005 is amend- Secretary shall examine advanced reactor de- ty, mitigate risk of proliferation, and improve ed to read as follows: signs and nuclear technologies, including those waste management in support of a national ‘‘Sec. 925. Electric transmission and distribu- that— strategy for spent nuclear fuel and the reactor tion research and development.’’. ‘‘(A) have higher efficiency, lower cost, and concepts research, development, demonstration, Subtitle C—Nuclear Energy Research and improved safety compared to reactors in oper- and commercial application program under sec- Development ation as of the date of enactment of the America tion 952(c). COMPETES Reauthorization Act of 2015; ‘‘(b) FUEL CYCLE OPTIONS.—Under this sec- SEC. 621. OBJECTIVES. ‘‘(B) utilize passive safety features; tion the Secretary may consider implementing Section 951 of the Energy Policy Act of 2005 ‘‘(C) minimize proliferation risks; the following initiatives: (42 U.S.C. 16271) is amended— ‘‘(D) substantially reduce production of high- ‘‘(1) OPEN CYCLE.—Developing fuels, includ- (1) by amending subsection (a) to read as fol- level waste per unit of output; ing the use of nonuranium materials and alter- lows: ‘‘(E) increase the life and sustainability of re- ‘‘(a) IN GENERAL.—The Secretary shall con- nate claddings, for use in reactors that increase actor systems currently deployed; energy generation, improve safety performance duct programs of civilian nuclear energy re- ‘‘(F) use improved instrumentation; search, development, demonstration, and com- and margins, and minimize the amount of nu- ‘‘(G) are capable of producing large-scale clear waste produced in an open fuel cycle. mercial application, including activities de- quantities of hydrogen or process heat; scribed in this subtitle. Such programs shall ‘‘(2) RECYCLE.—Developing advanced recy- ‘‘(H) minimize water usage or use alternatives cling technologies, including advanced reactor take into consideration the following objectives: to water as a cooling mechanism; or ‘‘(1) Enhancing nuclear power’s viability as concepts to improve resource utilization, reduce ‘‘(I) use nuclear energy as part of an inte- proliferation risks, and minimize radiotoxicity, part of the United States energy portfolio. grated energy system. ‘‘(2) Reducing used nuclear fuel and nuclear decay heat, and mass and volume of nuclear ‘‘(3) INTERNATIONAL COOPERATION.—In car- waste products generated by civilian nuclear en- waste to the greatest extent possible. rying out the program under this subsection, the ‘‘(3) ADVANCED STORAGE METHODS.—Devel- ergy. Secretary shall seek opportunities to enhance ‘‘(3) Supporting technological advances in oping advanced storage technologies for both the progress of the program through inter- areas that industry by itself is not likely to un- onsite and long-term storage that substantially national cooperation through such organiza- dertake because of technical and financial un- prolong the effective life of current storage de- tions as the Generation IV International Forum certainty. vices or that substantially improve upon existing or any other international collaboration the ‘‘(4) Providing the technical means to reduce nuclear waste storage technologies and methods, Secretary considers appropriate. the likelihood of nuclear proliferation. including repositories. ‘‘(5) Maintaining a cadre of nuclear scientists ‘‘(4) EXCEPTIONS.—No funds authorized to be ‘‘(4) FAST TEST REACTOR.—Investigating the and engineers. appropriated to carry out the activities de- potential research benefits of a fast test reactor ‘‘(6) Maintaining National Laboratory and scribed in this subsection shall be used to fund user facility to conduct experiments on fuels university nuclear programs, including their in- the activities authorized under sections 641 and materials related to fuel forms and fuel cy- frastructure. through 645.’’. cles that will increase fuel utilization, reduce ‘‘(7) Supporting both individual researchers SEC. 624. SMALL MODULAR REACTOR PROGRAM. proliferation risks, and reduce nuclear waste and multidisciplinary teams of researchers to Section 952 of the Energy Policy Act of 2005 products. pioneer new approaches in nuclear energy, (42 U.S.C. 16272) is further amended by adding ‘‘(5) ADVANCED REACTOR INNOVATION.—Devel- science, and technology. at the end the following new subsection: oping an advanced reactor innovation testbed ‘‘(8) Developing, planning, constructing, ac- ‘‘(d) SMALL MODULAR REACTOR PROGRAM.— where national laboratories, universities, and quiring, and operating special equipment and ‘‘(1) IN GENERAL.—The Secretary shall carry industry can address advanced reactor design facilities for the use of researchers. out a small modular reactor program to promote challenges to enable construction and operation ‘‘(9) Supporting technology transfer and other research, development, demonstration, and com- of privately funded reactor prototypes to resolve appropriate activities to assist the nuclear en- mercial application of small modular reactors, technical uncertainty for United States-based ergy industry, and other users of nuclear including through cost-shared projects for com- designs for future domestic and international science and engineering, including activities ad- mercial application of reactor systems designs. markets. dressing reliability, availability, productivity, ‘‘(2) CONSULTATION.—The Secretary shall con- ‘‘(6) OTHER TECHNOLOGIES.—Developing any component aging, safety, and security of nu- sult with and utilize the expertise of the Sec- other technology or initiative that the Secretary clear power plants. retary of the Navy in establishing and carrying determines is likely to advance the objectives of ‘‘(10) Reducing the environmental impact of out such program. the program. nuclear energy-related activities. ‘‘(3) ADDITIONAL ACTIVITIES.—Activities may ‘‘(c) ADDITIONAL ADVANCED RECYCLING AND ‘‘(11) Researching and developing technologies also include development of advanced computer CROSSCUTTING ACTIVITIES.—In addition to and and processes to meet Federal and State require- modeling and simulation tools, by Federal and in support of the specific initiatives described in ments and standards for nuclear power sys- non-Federal entities, which demonstrate and paragraphs (1) through (5) of subsection (b), the tems.’’; validate new design capabilities of innovative Secretary may support the following activities: (2) by striking subsections (b) through (d); small modular reactor designs. ‘‘(1) Development and testing of integrated and ‘‘(4) DEFINITION.—For the purposes of this process flow sheets for advanced nuclear fuel re- (3) by redesignating subsection (e) as sub- subsection, the term ‘small modular reactor’ cycling processes. section (b). means a nuclear reactor meeting generally ac- ‘‘(2) Research to characterize the byproducts SEC. 622. PROGRAM OBJECTIVES STUDY. cepted industry standards— and waste streams resulting from fuel recycling Section 951 of the Energy Policy Act of 2005 ‘‘(A) with a rated capacity of less than 300 processes. (42 U.S.C. 16271) is further amended by adding electrical megawatts; ‘‘(3) Research and development on reactor at the end the following new subsection: ‘‘(B) with respect to which most parts can be concepts or transmutation technologies that im- ‘‘(c) PROGRAM OBJECTIVES STUDY.—In fur- factory assembled and shipped as modules to a prove resource utilization or reduce the therance of the program objectives listed in sub- reactor plant site for assembly; and radiotoxicity of waste streams. section (a) of this section, the Government Ac- ‘‘(C) that can be constructed and operated in ‘‘(4) Research and development on waste countability Office shall, within one year after combination with similar reactors at a single treatment processes and separations tech- the date of enactment of this subsection, trans- site.’’. nologies, advanced waste forms, and quantifica- mit to the Congress a report on the results of a SEC. 625. FUEL CYCLE RESEARCH AND DEVELOP- tion of proliferation risks. study on the scientific and technical merit of MENT. ‘‘(5) Identification and evaluation of test and major Federal and State requirements and (a) AMENDMENTS.—Section 953 of the Energy experimental facilities necessary to successfully standards, including moratoria, that delay or Policy Act of 2005 (42 U.S.C. 16273) is amended— implement the advanced fuel cycle initiative. impede the further development and commer- (1) in the section heading by striking ‘‘AD- ‘‘(6) Advancement of fuel cycle-related mod- cialization of nuclear power, and how the De- VANCED FUEL CYCLE INITIATIVE’’ and in- eling and simulation capabilities. partment can assist in overcoming such delays serting ‘‘FUEL CYCLE RESEARCH AND DEVELOP- ‘‘(7) Research to understand the behavior of or impediments.’’. MENT’’; high-burnup fuels.’’. SEC. 623. NUCLEAR ENERGY RESEARCH AND DE- (2) by striking subsection (a); (b) CONFORMING AMENDMENT.—The item re- VELOPMENT PROGRAMS. (3) by redesignating subsections (b) through lating to section 953 in the table of contents of Section 952 of the Energy Policy Act of 2005 (d) as subsections (d) through (f), respectively; the Energy Policy Act of 2005 is amended to read (42 U.S.C. 16272) is amended by striking sub- and as follows:

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3441 ‘‘Sec. 953. Fuel cycle research and develop- needed to support new and existing nuclear eration, trigeneration, and polygeneration ment.’’. power plants and advanced nuclear tech- units; SEC. 626. NUCLEAR ENERGY ENABLING TECH- nologies, including developing the technical ‘‘(5) advanced battery technologies; and NOLOGIES PROGRAM. basis for regulatory frameworks for advanced ‘‘(6) fuel cell and hydrogen technologies.’’. (a) AMENDMENT.—Subtitle E of title IX of the reactors; SEC. 642. NEXT GENERATION LIGHTING INITIA- Energy Policy Act of 2005 (42 U.S.C. 16271 et (2) formulate, coordinate, and recommend pri- TIVE. seq.) is amended by adding at the end the fol- orities for the development of new technical Section 912 of the Energy Policy Act of 2005 lowing new section: standards and the revision of existing technical (42 U.S.C. 16192) and the item relating thereto in ‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECH- standards to address the needs identified under the table of contents of that Act are repealed. NOLOGIES. paragraph (1); SEC. 643. BUILDING STANDARDS. ‘‘(a) IN GENERAL.—The Secretary shall con- (3) facilitate and support collaboration and Section 914 of the Energy Policy Act of 2005 duct a program to support the integration of ac- cooperation among standards developers to ad- (42 U.S.C. 16194) is amended by striking sub- tivities undertaken through the reactor concepts dress the needs and priorities identified under section (c). research, development, demonstration, and com- paragraphs (1) and (2); (4) as appropriate, coordinate with other na- SEC. 644. SECONDARY ELECTRIC VEHICLE BAT- mercial application program under section 952(c) TERY USE PROGRAM. tional, regional, or international efforts on nu- and the fuel cycle research and development Section 915 of the Energy Policy Act of 2005 clear energy-related technical standards in program under section 953, and support cross- (42 U.S.C. 16195) and the item relating thereto in order to avoid conflict and duplication and to cutting nuclear energy concepts. Activities com- the table of contents of that Act are repealed. menced under this section shall be concentrated ensure global compatibility; and (5) promote the establishment and mainte- SEC. 645. NETWORK FOR MANUFACTURING INNO- on broadly applicable research and development VATION PROGRAM. focus areas. nance of a database of nuclear energy-related To the extent provided for in advance by ap- ‘‘(b) ACTIVITIES.—Activities conducted under technical standards. propriations Acts, the Secretary may transfer to this section may include research involving— (d) AUTHORIZATION OF APPROPRIATIONS.—To the National Institute of Standards and Tech- ‘‘(1) advanced reactor materials; the extent provided for in advance by appro- nology up to $150,000,000 for the period encom- ‘‘(2) advanced radiation mitigation methods; priations Acts, the Secretary may transfer to the ‘‘(3) advanced proliferation and security risk Director of the National Institute of Standards passing fiscal years 2015 through 2017 from assessment methods; and Technology not to exceed $1,000,000 for fis- amounts appropriated for advanced manufac- ‘‘(4) advanced sensors and instrumentation; cal year 2016 for the Secretary of Commerce to turing research and development under this sub- ‘‘(5) high performance computation modeling, carry out this section from amounts appro- title (and the amendments made by this subtitle) including multiphysics, multidimensional mod- priated for nuclear energy research and devel- for the Secretary of Commerce to carry out the eling simulation for nuclear energy systems, and opment within the Nuclear Energy Enabling Network for Manufacturing Innovation Pro- continued development of advanced modeling Technologies account for the Department. gram authorized under section 34 of the Na- tional Institute of Standards and Technology simulation capabilities through national labora- SEC. 628. AVAILABLE FACILITIES DATABASE. Act (15 U.S.C. 278s). tory, industry, and university partnerships for The Secretary shall prepare a database of operations and safety performance improve- non-Federal user facilities receiving Federal SEC. 646. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS. ments of light water reactors for currently de- funds that may be used for unclassified nuclear ployed and near-term reactors and advanced re- energy research. The Secretary shall make this Section 917 of the Energy Policy Act of 2005 actors and for the development of small modular database accessible on the Department’s (42 U.S.C. 16197) is amended— reactors; and website. (1) in subsection (a)— (A) by inserting ‘‘and’’ at the end of para- ‘‘(6) any crosscutting technology or trans- SEC. 629. NUCLEAR WASTE DISPOSAL. formative concept aimed at establishing substan- graph (2)(B); To the extent consistent with the requirements (B) by striking ‘‘; and’’ at the end of para- tial and revolutionary enhancements in the per- of current law, the Department shall be respon- formance of future nuclear energy systems that graph (3) and inserting a period; and sible for disposal of high-level radioactive waste (C) by striking paragraph (4); the Secretary considers relevant and appro- or spent nuclear fuel generated by reactors priate to the purpose of this section. (2) in subsection (b)— under the programs authorized in this subtitle, (A) by striking paragraph (1); ‘‘(c) REPORT.—The Secretary shall submit, as or the amendments made by this subtitle. part of the annual budget submission of the De- (B) by redesignating paragraphs (2) through partment, a report on the activities of the pro- Subtitle D—Energy Efficiency and Renewable (5) as paragraphs (1) through (4), respectively; gram conducted under this section, which shall Energy Research and Development and include a brief evaluation of each activity’s SEC. 641. ENERGY EFFICIENCY. (C) by striking paragraph (6); progress.’’. Section 911 of the Energy Policy Act of 2005 (3) by amending subsection (g) to read as fol- (b) CONFORMING AMENDMENT.—The table of (42 U.S.C. 16191) is amended to read as follows: lows: ‘‘(g) PROHIBITION.—None of the funds award- contents of the Energy Policy Act of 2005 is ‘‘SEC. 911. ENERGY EFFICIENCY. ed under this section may be used for the con- amended by adding at the end of the items for ‘‘(a) OBJECTIVES.—The Secretary shall con- struction of facilities or the deployment of com- subtitle E of title IX the following new item: duct programs of energy efficiency research, de- mercially available technologies.’’; and ‘‘Sec. 958. Nuclear energy enabling tech- velopment, demonstration, and commercial ap- (4) by striking subsection (i). nologies.’’. plication, including activities described in this SEC. 647. RENEWABLE ENERGY. SEC. 627. TECHNICAL STANDARDS COLLABORA- subtitle. Such programs shall prioritize activities TION. that industry by itself is not likely to undertake Section 931 of the Energy Policy Act of 2005 (a) IN GENERAL.—The Director of the National because of technical challenges or regulatory (42 U.S.C. 16231) is amended to read as follows: Institute of Standards and Technology shall es- uncertainty, and take into consideration the fol- ‘‘SEC. 931. RENEWABLE ENERGY. tablish a nuclear energy standards committee lowing objectives: ‘‘(a) IN GENERAL.— (in this section referred to as the ‘‘technical ‘‘(1) Increasing energy efficiency. ‘‘(1) OBJECTIVES.—The Secretary shall con- standards committee’’) to facilitate and support, ‘‘(2) Reducing the cost of energy. duct programs of renewable energy research, de- consistent with the National Technology Trans- ‘‘(3) Reducing the environmental impact of velopment, demonstration, and commercial ap- fer and Advancement Act of 1995, the develop- energy-related activities. plication, including activities described in this ment or revision of technical standards for new ‘‘(b) PROGRAMS.—Programs under this subtitle subtitle. Such programs shall prioritize dis- and existing nuclear power plants and ad- shall include research, development, demonstra- covery research and development and take into vanced nuclear technologies. tion, and commercial application of— consideration the following objectives: (b) MEMBERSHIP.— ‘‘(1) innovative, affordable technologies to im- ‘‘(A) Increasing the conversion efficiency of (1) IN GENERAL.—The technical standards prove the energy efficiency and environmental all forms of renewable energy through improved committee shall include representatives from ap- performance of vehicles, including weight and technologies. propriate Federal agencies and the private sec- drag reduction technologies, technologies, mod- ‘‘(B) Decreasing the cost of renewable energy tor, and be open to materially affected organiza- eling, and simulation for increasing vehicle generation and delivery. tions involved in the development or application connectivity and automation, and whole-vehicle ‘‘(C) Promoting the diversity of the energy of nuclear energy-related standards. design optimization; supply. (2) CO-CHAIRS.—The technical standards com- ‘‘(2) cost-effective technologies, for new con- ‘‘(D) Decreasing the dependence of the United mittee shall be co-chaired by a representative struction and retrofit, to improve the energy ef- States on foreign mineral resources. from the National Institute of Standards and ficiency and environmental performance of ‘‘(E) Decreasing the environmental impact of Technology and a representative from a private buildings, using a whole-buildings approach; renewable energy-related activities. sector standards organization. ‘‘(3) advanced technologies to improve the en- ‘‘(F) Increasing the export of renewable gen- (c) DUTIES.—The technical standards com- ergy efficiency, environmental performance, and eration technologies from the United States. mittee shall, in cooperation with appropriate process efficiency of energy-intensive and ‘‘(2) PROGRAMS.— Federal agencies— waste-intensive industries; ‘‘(A) SOLAR ENERGY.—The Secretary shall (1) perform a needs assessment to identify and ‘‘(4) technologies to improve the energy effi- conduct a program of research, development, evaluate the technical standards that are need- ciency of appliances and mechanical systems for demonstration, and commercial application for ed to support nuclear energy, including those buildings in extreme climates, including cogen- solar energy, including innovations in—

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3442 CONGRESSIONAL RECORD — HOUSE May 20, 2015 ‘‘(i) photovoltaics; mittee on Science, Space, and Technology of the SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILD- ‘‘(ii) solar heating; House of Representatives and the Committee on INGS. ‘‘(iii) concentrating solar power; Energy and Natural Resources of the Senate at Section 935 of the Energy Policy Act of 2005 ‘‘(iv) lighting systems that integrate sunlight least 30 days before each annual budget request (42 U.S.C. 16235) and the item relating thereto in and electrical lighting in complement to each is submitted to Congress.’’. the table of contents of that Act are repealed. other; and SEC. 648. BIOENERGY PROGRAM. Subtitle E—Fossil Energy Research and ‘‘(v) development of technologies that can be Section 932 of the Energy Policy Act of 2005 Development easily integrated into new and existing build- (42 U.S.C. 16232) is amended to read as follows: SEC. 661. FOSSIL ENERGY. ings. ‘‘SEC. 932. BIOENERGY PROGRAM. Section 961 of Energy Policy Act of 2005 (42 ‘‘(B) WIND ENERGY.—The Secretary shall con- ‘‘(a) PROGRAM.—The Secretary shall conduct U.S.C. 16291) is amended to read as follows: duct a program of research, development, dem- a program of research, development, demonstra- onstration, and commercial application for wind tion, and commercial application for bioenergy, ‘‘SEC. 961. FOSSIL ENERGY. energy, including innovations in— including innovations in— ‘‘(a) IN GENERAL.—The Secretary shall carry ‘‘(i) low speed wind energy; ‘‘(1) biopower energy systems; out research, development, demonstration, and ‘‘(ii) testing and verification technologies; ‘‘(2) biofuels; commercial application programs in fossil en- ‘‘(iii) distributed wind energy generation; and ‘‘(3) bioproducts; ergy, including activities under this subtitle, ‘‘(iv) transformational technologies for har- ‘‘(4) integrated biorefineries that may produce with the goal of improving the efficiency, effec- nessing wind energy. biopower, biofuels, and bioproducts; and tiveness, and environmental performance of fos- ‘‘(C) GEOTHERMAL.—The Secretary shall con- ‘‘(5) cross-cutting research and development sil energy production, upgrading, conversion, duct a program of research, development, dem- in feedstocks. and consumption. Such programs shall take into onstration, and commercial application for geo- ‘‘(b) BIOFUELS AND BIOPRODUCTS.—The goals consideration the following objectives: thermal energy, including technologies for— of the biofuels and bioproducts programs shall ‘‘(1) Increasing the energy conversion effi- ‘‘(i) improving detection of geothermal re- be to develop, in partnership with industry and ciency of all forms of fossil energy through im- sources; institutions of higher education— proved technologies. ‘‘(1) advanced biochemical and ‘‘(ii) decreasing drilling costs; ‘‘(2) Decreasing the cost of all fossil energy thermochemical conversion technologies capable ‘‘(iii) decreasing maintenance costs through production, generation, and delivery. of making fuels from lignocellulosic feedstocks improved materials; ‘‘(3) Promoting diversity of energy supply. that are price-competitive with fossil-based fuels ‘‘(iv) increasing the potential for other rev- ‘‘(4) Decreasing the dependence of the United and fully compatible with either internal com- enue sources, such as mineral production; and States on foreign energy supplies. bustion engines or fuel cell-powered vehicles; ‘‘(v) increasing the understanding of reservoir ‘‘(5) Decreasing the environmental impact of ‘‘(2) advanced conversion of biomass to energy-related activities. life cycle and management. biofuels and bioproducts as part of integrated ‘‘(D) HYDROPOWER.—The Secretary shall con- ‘‘(6) Increasing the export of fossil energy-re- biorefineries based on either biochemical proc- duct a program of research, development, dem- lated equipment, technology, and services from esses, thermochemical processes, or hybrids of the United States. onstration, and commercial application for tech- these processes; and ‘‘(b) OBJECTIVES.—To the maximum extent nologies that enable the development of new ‘‘(3) other advanced processes that will enable practicable, the Secretary shall seek to— and incremental hydropower capacity, includ- the development of cost-effective bioproducts, ‘‘(1) leverage existing programs; ing: including biofuels. ‘‘(2) consolidate and coordinate activities ‘‘(i) Advanced technologies to enhance envi- ‘‘(c) RETROFIT TECHNOLOGIES FOR THE DEVEL- throughout the Department to promote collabo- ronmental performance and yield greater energy OPMENT OF ETHANOL FROM CELLULOSIC MATE- efficiencies. RIALS.—The Secretary shall establish a program ration and crosscutting approaches; ‘‘(ii) Ocean energy, including wave energy. of research, development, demonstration, and ‘‘(3) ensure activities are undertaken in a ‘‘(E) MISCELLANEOUS PROJECTS.—The Sec- commercial application for technologies and manner that does not duplicate other activities retary shall conduct research, development, processes to enable biorefineries that exclusively within the Department or other Federal Govern- demonstration, and commercial application pro- use corn grain or corn starch as a feedstock to ment activities; and grams for— produce ethanol to be retrofitted to accept a ‘‘(4) identify programs that may be more effec- ‘‘(i) the combined use of renewable energy range of biomass, including lignocellulosic feed- tively left to the States, industry, nongovern- technologies with one another and with other stocks. mental organizations, institutions of higher edu- energy technologies, including the combined use ‘‘(d) LIMITATIONS.—None of the funds author- cation, or other stakeholders. of renewable power and fossil technologies; ized for carrying out this section may be used to ‘‘(c) LIMITATIONS.— ‘‘(ii) renewable energy technologies for cogen- fund commercial biofuels production for defense ‘‘(1) USES.—None of the funds authorized for eration of hydrogen and electricity; and purposes. carrying out this section may be used for Fossil ‘‘(iii) kinetic hydro turbines. ‘‘(e) DEFINITIONS.—In this section: Energy Environmental Restoration. ‘‘(b) RURAL DEMONSTRATION PROJECTS.—In ‘‘(1) BIOMASS.—The term ‘biomass’ means— ‘‘(2) INSTITUTIONS OF HIGHER EDUCATION.—Not carrying out this section, the Secretary, in con- ‘‘(A) any organic material grown for the pur- less than 20 percent of the funds appropriated sultation with the Secretary of Agriculture, pose of being converted to energy; for carrying out section 964 of this Act for each shall give priority to demonstrations that assist ‘‘(B) any organic byproduct of agriculture (in- fiscal year shall be dedicated to research and in delivering electricity to rural and remote lo- cluding wastes from food production and proc- development carried out at institutions of higher cations including— essing) that can be converted into energy; or education. ‘‘(1) advanced renewable power technology, ‘‘(C) any waste material that can be converted ‘‘(3) USE FOR REGULATORY ASSESSMENTS OR including combined use with fossil technologies; to energy, is segregated from other waste mate- DETERMINATIONS.—The results of any research, ‘‘(2) biomass; and rials, and is derived from— development, demonstration, or commercial ap- ‘‘(i) any of the following forest-related re- ‘‘(3) geothermal energy systems. plication projects or activities of the Department sources: mill residues, precommercial thinnings, ‘‘(c) ANALYSIS AND EVALUATION.— authorized under this subtitle may not be used slash, brush, or otherwise nonmerchantable ma- ‘‘(1) IN GENERAL.—The Secretary shall con- for regulatory assessments or determinations by terial; duct analysis and evaluation in support of the ‘‘(ii) wood waste materials, including waste Federal regulatory authorities. renewable energy programs under this subtitle. pallets, crates, dunnage, manufacturing and ‘‘(d) ASSESSMENTS.— These activities shall be used to guide budget construction wood wastes (other than pressure- ‘‘(1) CONSTRAINTS AGAINST BRINGING RE- and program decisions, and shall include— treated, chemically treated, or painted wood SOURCES TO MARKET.—Not later than 1 year ‘‘(A) economic and technical analysis of re- wastes), and landscape or right-of-way tree after the date of enactment of the America newable energy potential, including resource as- trimmings, but not including municipal solid COMPETES Reauthorization Act of 2015, the sessment; waste, gas derived from the biodegradation of Secretary shall transmit to Congress an assess- ‘‘(B) analysis of past program performance, municipal solid waste, or paper that is com- ment of the technical, institutional, policy, and both in terms of technical advances and in mar- monly recycled; or regulatory constraints to bringing new domestic ket introduction of renewable energy; ‘‘(iii) solids derived from waste water treat- fossil resources to market. ‘‘(C) assessment of domestic and international ment processes. ‘‘(2) TECHNOLOGY CAPABILITIES.—Not later market drivers, including the impacts of any ‘‘(2) LIGNOCELLULOSIC FEEDSTOCK.—The term than 2 years after the date of enactment of the Federal, State, or local grants, loans, loan guar- ‘lignocellulosic feedstock’ means any portion of America COMPETES Reauthorization Act of antees, tax incentives, statutory or regulatory a plant or coproduct from conversion, including 2015, the Secretary shall transmit to Congress a requirements, or other government initiatives; crops, trees, forest residues, grasses, and agri- long-term assessment of existing and projected and cultural residues not specifically grown for food, technological capabilities for expanded produc- ‘‘(D) any other analysis or evaluation that including from barley grain, grapeseed, rice tion from domestic unconventional oil, gas, and the Secretary considers appropriate. bran, rice hulls, rice straw, soybean matter, methane reserves.’’. ‘‘(2) FUNDING.—The Secretary may designate cornstover, and sugarcane bagasse.’’. SEC. 662. COAL RESEARCH, DEVELOPMENT, DEM- up to 1 percent of the funds appropriated for SEC. 649. CONCENTRATING SOLAR POWER RE- ONSTRATION, AND COMMERCIAL AP- carrying out this subtitle for analysis and eval- SEARCH PROGRAM. PLICATION PROGRAMS. uation activities under this subsection. Section 934 of the Energy Policy Act of 2005 (a) IN GENERAL.—Section 962 of the Energy ‘‘(3) SUBMITTAL TO CONGRESS.—This analysis (42 U.S.C. 16234) and the item relating thereto in Policy Act of 2005 (42 U.S.C. 16292) is amended— and evaluation shall be submitted to the Com- the table of contents of that Act are repealed. (1) in subsection (a)—

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(A) in paragraph (10), by striking ‘‘and’’ at ‘‘(B) MEMBERSHIP REQUIREMENTS.—Members (f) COST SHARING.—Section 988 of the Energy the end; of the advisory committee established under sub- Policy Act of 2005 (42 U.S.C. 16352) shall apply (B) in paragraph (11), by striking the period paragraph (A) shall be appointed by the Sec- to an award of financial assistance made under at the end and inserting a semicolon; and retary.’’; and this section. (C) by adding at the end the following: (2) by amending subsection (d) to read as fol- Subtitle F—Advanced Research Projects ‘‘(12) specific additional programs to address lows: Agency–Energy water use and reuse; ‘‘(d) STUDY OF CARBON DIOXIDE PIPELINES.— SEC. 671. ARPA–E AMENDMENTS. ‘‘(13) the testing, including the construction of Not later than 1 year after the date of enact- Section 5012 of the America COMPETES Act testing facilities, of high temperature materials ment of the America COMPETES Reauthoriza- (42 U.S.C. 16538) is amended— for use in advanced systems for combustion or tion Act of 2015, the Secretary shall transmit to (1) by amending paragraph (1) of subsection use of coal; and Congress the results of a study to assess the cost (c) to read as follows: ‘‘(14) innovations to application of existing and feasibility of engineering, permitting, build- ‘‘(1) IN GENERAL.—The goals of ARPA–E shall coal conversion systems designed to increase ef- ing, maintaining, regulating, and insuring a na- be to enhance the economic and energy security ficiency of conversion, flexibility of operation, tional system of carbon dioxide pipelines.’’. of the United States and to ensure that the and other modifications to address existing SEC. 663. HIGH EFFICIENCY GAS TURBINES RE- United States maintains a technological lead usage requirements.’’; SEARCH AND DEVELOPMENT. through the development of advanced energy (2) by redesignating subsections (b) through (a) IN GENERAL.—The Secretary, through the technologies.’’; (d) as subsections (c) through (e), respectively; Office of Fossil Energy, shall carry out a (2) in subsection (i)(1), by inserting ‘‘ARPA–E (3) by inserting after subsection (a) the fol- multiyear, multiphase program of research, de- shall not provide funding for a project unless lowing: velopment, demonstration, and commercial ap- the prospective grantee demonstrates sufficient ‘‘(b) TRANSFORMATIONAL COAL TECHNOLOGY plication to innovate technologies to maximize attempts to secure private financing or indicates PROGRAM.— the efficiency of gas turbines used in power gen- that the project is not independently commer- ‘‘(1) IN GENERAL.—As part of the program es- eration systems. cially viable.’’ after ‘‘relevant research agen- tablished under subsection (a), the Secretary (b) PROGRAM ELEMENTS.—The program under cies.’’; may carry out a program designed to undertake this section shall— (3) in subsection (l)(1), by inserting ‘‘and once research, development, demonstration, and com- (1) support innovative engineering and de- every 6 years thereafter,’’ after ‘‘operation for 6 mercial application of technologies, including tailed gas turbine design for megawatt-scale and years,’’; and the accelerated development of— utility-scale electric power generation, includ- (4) by redesignating subsection (n) as sub- ‘‘(A) chemical looping technology; ing— section (o) and inserting after subsection (m) the ‘‘(B) supercritical carbon dioxide power gen- (A) high temperature materials, including following new subsection: eration cycles; superalloys, coatings, and ceramics; ‘‘(n) PROTECTION OF PROPRIETARY INFORMA- ‘‘(C) pressurized oxycombustion, including (B) improved heat transfer capability; TION.— new and retrofit technologies; and (C) manufacturing technology required to ‘‘(1) IN GENERAL.—The following categories of ‘‘(D) other technologies that are characterized construct complex three-dimensional geometry information collected by the Advanced Research by the use of— parts with improved aerodynamic capability; Projects Agency–Energy from recipients of fi- ‘‘(i) alternative energy cycles; (D) combustion technology to produce higher nancial assistance awards shall be considered ‘‘(ii) thermionic devices using waste heat; firing temperature while lowering nitrogen oxide privileged and confidential and not subject to ‘‘(iii) fuel cells; and carbon monoxide emissions per unit of out- disclosure pursuant to section 552 of title 5, ‘‘(iv) replacement of chemical processes with put; United States Code: biotechnology; (E) advanced controls and systems integra- ‘‘(A) Plans for commercialization of tech- ‘‘(v) nanotechnology; tion; nologies developed under the award, including (F) advanced high performance compressor ‘‘(vi) new materials in applications (other business plans, technology to market plans, technology; and than extending cycles to higher temperature and market studies, and cost and performance mod- (G) validation facilities for the testing of com- pressure), such as membranes or ceramics; els. ‘‘(vii) carbon utilization, such as in construc- ponents and subsystems; ‘‘(B) Investments provided to an awardee from (2) include technology demonstration through tion materials, using low quality energy to re- third parties, such as venture capital, hedge component testing, subscale testing, and full convert back to a fuel, or manufactured food; fund, or private equity firms, including amounts ‘‘(viii) advanced gas separation concepts; and scale testing in existing fleets; (3) include field demonstrations of the devel- and percentage of ownership of the awardee ‘‘(ix) other technologies, including— oped technology elements so as to demonstrate provided in return for such investments. ‘‘(I) modular, manufactured components; and ‘‘(C) Additional financial support that the ‘‘(II) innovative production or research tech- technical and economic feasibility; and (4) assess overall combined cycle and simple awardee plans to invest or has invested into the niques, such as using 3–D printer systems, for cycle system performance. technology developed under the award, or that the production of early research and develop- (c) PROGRAM GOALS.—The goals of the multi- the awardee is seeking from third parties. ment prototypes. ‘‘(D) Revenue from the licensing or sale of phase program established under subsection (a) ‘‘(2) COST SHARE.—In carrying out the pro- new products or services resulting from the re- shall be— gram described in paragraph (1), the Secretary (1) in phase I— search conducted under the award. shall enter into partnerships with private enti- (A) to develop the conceptual design of ad- ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this ties to share the costs of carrying out the pro- vanced high efficiency gas turbines that can subsection affects— ‘‘(A) the authority of the Secretary to use in- gram. The Secretary may reduce the non-Fed- achieve at least 62 percent combined cycle effi- formation without publicly disclosing such in- eral cost share requirement if the Secretary de- ciency or 47 percent simple cycle efficiency on a formation; or termines that the reduction is necessary and ap- lower heating value basis; and ‘‘(B) the responsibility of the Secretary to propriate considering the technological risks in- (B) to develop and demonstrate the technology transmit information to Congress as required by volved in the project.’’; and required for advanced high efficiency gas tur- law.’’. (4) in subsection (c) (as so redesignated) by bines that can achieve at least 62 percent com- striking paragraph (1) and inserting the fol- bined cycle efficiency or 47 percent simple cycle Subtitle G—Authorization of Appropriations lowing: efficiency on a lower heating value basis; and SEC. 681. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) IN GENERAL.—In carrying out programs (2) in phase II, to develop the conceptual de- (a) ELECTRICITY DELIVERY AND ENERGY RELI- authorized by this section, the Secretary shall sign for advanced high efficiency gas turbines ABILITY RESEARCH AND DEVELOPMENT.—There identify cost and performance goals for coal- that can achieve at least 65 percent combined are authorized to be appropriated to the Sec- based technologies that would permit the con- cycle efficiency or 50 percent simple cycle effi- retary for research, development, demonstration, tinued cost-competitive use of coal for the pro- ciency on a lower heating value basis. and commercial application for electrical deliv- duction of electricity, chemical feedstocks, (d) PROPOSALS.—Within 180 days after the ery and energy reliability technology activities transportation fuels, and other marketable date of enactment of this Act, the Secretary within the Office of Electricity $113,000,000 for products.’’. shall solicit grant and contract proposals from each of fiscal years 2016 and 2017. (b) ADVISORY COMMITTEE; AUTHORIZATION OF industry, small businesses, universities, and (b) NUCLEAR ENERGY.— APPROPRIATIONS.—Section 963 of the Energy other appropriate parties for conducting activi- (1) IN GENERAL.—There are authorized to be Policy Act of 2005 (42 U.S.C. 16293) is amended— ties under this section. In selecting proposals, appropriated to the Secretary for research, de- (1) by amending paragraph (6) of subsection the Secretary shall emphasize— velopment, demonstration, and commercial ap- (c) to read as follows: (1) the extent to which the proposal will stim- plication for nuclear energy technology activi- ‘‘(6) ADVISORY COMMITTEE.— ulate the creation or increased retention of jobs ties within the Office of Nuclear Energy ‘‘(A) IN GENERAL.—Subject to subparagraph in the United States; and $504,600,000 for each of fiscal years 2016 and (B), the Secretary shall establish an advisory (2) the extent to which the proposal will pro- 2017. committee to undertake, not less frequently than mote and enhance United States technology (2) LIMITATION.—Any amounts made available once every 3 years, a review and prepare a re- leadership. pursuant to the authorization of appropriations port on the progress being made by the Depart- (e) COMPETITIVE AWARDS.—The provision of under paragraph (1) shall not be derived from ment of Energy to achieve the goals described in funding under this section shall be on a com- the Nuclear Waste Fund established under sec- subsections (a) and (b) of section 962 and sub- petitive basis with an emphasis on technical tion 302(c) of the Nuclear Waste Policy Act of section (b) of this section. merit. 1982 (42 U.S.C. 10222(c)).

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(c) ENERGY EFFICIENCY AND RENEWABLE EN- (b) CONFORMING AMENDMENTS.— (b) TERMS.—Each agreement entered into pur- ERGY.—There are authorized to be appropriated (1) Section 3164(b)(1) of the Department of En- suant to the pilot program referred to in sub- to the Secretary for research, development, dem- ergy Science Education Enhancement Act (42 section (a) shall provide to the contractor of the onstration, and commercial application for en- U.S.C. 7381a(b)(1)) is amended by striking applicable National Laboratory, to the max- ergy efficiency and renewable energy tech- ‘‘Under Secretary for Science’’ and inserting imum extent determined to be appropriate by the nology activities within the Office of Energy Ef- ‘‘Under Secretary for Science and Energy’’. Secretary, increased authority to negotiate con- ficiency and Renewable Energy $1,198,500,000 (2) Section 641(h)(2) of the United States En- tract terms, such as intellectual property rights, for each of fiscal years 2016 and 2017. ergy Storage Competitiveness Act of 2007 (42 payment structures, performance guarantees, (d) FOSSIL ENERGY.—There are authorized to U.S.C. 17231(h)(2)) is amended by striking and multiparty collaborations. be appropriated to the Secretary for research, ‘‘Under Secretary for Science’’ and inserting (c) ELIGIBILITY.— development, demonstration, and commercial ‘‘Under Secretary for Science and Energy’’. (1) IN GENERAL.—Any director of a National application for fossil energy technology activi- SEC. 712. TECHNOLOGY TRANSFER AND TRANSI- Laboratory may enter into an agreement pursu- ties within the Office of Fossil Energy TIONS ASSESSMENT. ant to the pilot program referred to in sub- $605,000,000 for each of fiscal years 2016 and Not later than 1 year after the date of enact- section (a). 2017. ment of this Act, and annually thereafter, the (2) AGREEMENTS WITH NON-FEDERAL ENTI- (e) ARPA–E.—There are authorized to be ap- Secretary shall transmit to the Committee on TIES.—To carry out paragraph (1) and subject to propriated to the Secretary for the Advanced Science, Space, and Technology of the House of paragraph (3), the Secretary shall permit the di- Research Projects Agency–Energy $140,000,000 Representatives and the Committee on Energy rectors of the National Laboratories to execute for each of fiscal years 2016 and 2017. and Natural Resources of the Senate a report agreements with a non-Federal entity, including which shall include— Subtitle H—Definitions a non-Federal entity already receiving Federal (1) an assessment of the Department’s current funding that will be used to support activities SEC. 691. DEFINITIONS. ability to carry out the goals of section 1001 of under agreements executed pursuant to para- In this title— the Energy Policy Act of 2005 (42 U.S.C. 16391), graph (1), provided that such funding is solely (1) the term ‘‘Department’’ means the Depart- including an assessment of the role and effec- used to carry out the purposes of the Federal ment of Energy; and tiveness of the Director of the Office of Tech- award. (2) the term ‘‘Secretary’’ means the Secretary nology Transitions; and (3) RESTRICTION.—The requirements of chap- of Energy. (2) recommended departmental policy changes ter 18 of title 35, United States Code (commonly TITLE VII—DEPARTMENT OF ENERGY and legislative changes to section 1001 of the known as the ‘‘Bayh-Dole Act’’) shall apply if— TECHNOLOGY TRANSFER Energy Policy Act of 2005 (42 U.S.C. 16391) to (A) the agreement is a funding agreement (as improve the Department’s ability to successfully Subtitle A—In General that term is defined in section 201 of that title); transfer new energy technologies to the private and SEC. 701. DEFINITIONS. sector. (B) at least 1 of the parties to the funding In this title: SEC. 713. SENSE OF CONGRESS. agreement is eligible to receive rights under that (1) DEPARTMENT.—The term ‘‘Department’’ It is the sense of the Congress that the Sec- chapter. means the Department of Energy. retary should encourage the National Labora- (d) SUBMISSION TO SECRETARY.—Each affected (2) NATIONAL LABORATORY.—The term ‘‘Na- tories and federally funded research and devel- director of a National Laboratory shall submit tional Laboratory’’ means a Department of En- opment centers to inform small businesses of the to the Secretary, with respect to each agreement ergy nonmilitary national laboratory, includ- opportunities and resources that exist pursuant entered into under this section— ing— to this title. (1) a summary of information relating to the (A) Ames Laboratory; SEC. 714. NUCLEAR ENERGY INNOVATION. relevant project; (B) Argonne National Laboratory; Not later than 180 days after the date of en- (2) the total estimated costs of the project; (C) Brookhaven National Laboratory; actment of this Act, the Secretary, in consulta- (3) estimated commencement and completion (D) Fermi National Accelerator Laboratory; tion with the National Laboratories, relevant dates of the project; and (E) Idaho National Laboratory; Federal agencies, and other stakeholders, shall (4) other documentation determined to be ap- (F) Lawrence Berkeley National Laboratory; transmit to the Committee on Science, Space, propriate by the Secretary. (G) National Energy Technology Laboratory; and Technology of the House of Representatives (e) CERTIFICATION.—The Secretary shall re- (H) National Renewable Energy Laboratory; and the Committee on Energy and Natural Re- quire the contractor of the affected National (I) Oak Ridge National Laboratory; sources of the Senate a report assessing the De- Laboratory to certify that each activity carried (J) Pacific Northwest National Laboratory; partment’s capabilities to authorize, host, and out under a project for which an agreement is (K) Princeton Plasma Physics Laboratory; oversee privately funded fusion and non-light entered into under this section— (L) Savannah River National Laboratory; water reactor prototypes and related demonstra- (1) is not in direct competition with the pri- (M) Stanford Linear Accelerator Center; tion facilities at Department-owned sites. For vate sector; and (N) Thomas Jefferson National Accelerator purposes of this report, the Secretary shall con- (2) does not present, or minimizes, any appar- Facility; and sider the Department’s capabilities to facilitate ent conflict of interest, and avoids or neutralizes (O) any laboratory operated by the National privately-funded prototypes up to 20 megawatts any actual conflict of interest, as a result of the Nuclear Security Administration, but only with thermal output. The report shall address the fol- agreement under this section. respect to the civilian energy activities thereof. lowing: (f) EXTENSION.—The pilot program referred to (3) SECRETARY.—The term ‘‘Secretary’’ means (1) The Department’s safety review and over- in subsection (a) shall be extended until October the Secretary of Energy. sight capabilities. 31, 2017. SEC. 702. SAVINGS CLAUSE. (2) Potential sites capable of hosting research, (g) REPORTS.— Nothing in this title or an amendment made development, and demonstration of prototype (1) OVERALL ASSESSMENT.—Not later than 60 by this title abrogates or otherwise affects the reactors and related facilities for the purpose of days after the date described in subsection (f), primary responsibilities of any National Labora- reducing technical risk. the Secretary, in coordination with directors of tory to the Department. (3) The Department’s and National Labora- the National Laboratories, shall submit to the tories’ existing physical and technical capabili- Committee on Science, Space, and Technology of Subtitle B—Innovation Management at ties relevant to research, development, and over- the House of Representatives and the Committee Department of Energy sight. on Energy and Natural Resources of the Senate SEC. 711. UNDER SECRETARY FOR SCIENCE AND (4) The efficacy of the Department’s available a report that— ENERGY. contractual mechanisms, including cooperative (A) assesses the overall effectiveness of the (a) IN GENERAL.—Section 202(b) of the Depart- research and development agreements, work for pilot program referred to in subsection (a); ment of Energy Organization Act (42 U.S.C. others agreements, and agreements for commer- (B) identifies opportunities to improve the ef- 7132(b)) is amended— cializing technology. fectiveness of the pilot program; (1) by striking ‘‘Under Secretary for Science’’ (5) Potential cost structures related to phys- (C) assesses the potential for program activi- each place it appears and inserting ‘‘Under Sec- ical security, decommissioning, liability, and ties to interfere with the responsibilities of the retary for Science and Energy’’; and other long-term project costs. National Laboratories to the Department; and (2) in paragraph (4)— (6) Other challenges or considerations identi- (D) provides a recommendation regarding the (A) in subparagraph (F), by striking ‘‘and’’ at fied by the Secretary, including issues related to future of the pilot program. the end; potential cases of demonstration reactors up to (2) TRANSPARENCY.—The Secretary, in coordi- (B) in subparagraph (G), by striking the pe- 2 gigawatts of thermal output. nation with directors of the National Labora- riod at the end and inserting a semicolon; and Subtitle C—Cross-Sector Partnerships and tories, shall submit to the Committee on Science, (C) by inserting after subparagraph (G) the Grant Competitiveness Space, and Technology of the House of Rep- following: SEC. 721. AGREEMENTS FOR COMMERCIALIZING resentatives and the Committee on Energy and ‘‘(H) establish appropriate linkages between TECHNOLOGY PILOT PROGRAM. Natural Resources of the Senate an annual re- offices under the jurisdiction of the Under Sec- (a) IN GENERAL.—The Secretary shall carry port that accounts for all incidences of, and retary; and out the Agreements for Commercializing Tech- provides a justification for, non-Federal entities ‘‘(I) perform such functions and duties as the nology pilot program of the Department, as an- using funds derived from a Federal contract or Secretary shall prescribe, consistent with this nounced by the Secretary on December 8, 2011, award to carry out agreements pursuant to this section.’’. in accordance with this section. section.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3445 SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR of the National Laboratories to use funds au- ment, and shall not be subject to a de- COMMERCIALIZATION. thorized to support technology transfer within mand for division of the question. (a) IN GENERAL.—Subject to subsections (b) the Department to carry out early-stage and AMENDMENT NO. 1 OFFERED BY MR. SMITH OF and (c), the Secretary shall delegate to directors pre-commercial technology demonstration activi- TEXAS of the National Laboratories signature author- ties to remove technology barriers that limit pri- ity with respect to any agreement described in vate sector interest and demonstrate potential The Acting CHAIR. It is now in order subsection (b) the total cost of which (including commercial applications of any research and to consider amendment No. 1 printed in the National Laboratory contributions and technologies arising from National Laboratory part A of House Report 114–120. project recipient cost share) is less than activities.’’. Mr. SMITH of Texas. Mr. Chairman, I $1,000,000. SEC. 724. FUNDING COMPETITIVENESS FOR IN- have an amendment made in order (b) AGREEMENTS.—Subsection (a) applies to— STITUTIONS OF HIGHER EDUCATION under the rule. (1) a cooperative research and development AND OTHER NONPROFIT INSTITU- The Acting CHAIR. The Clerk will agreement; TIONS. designate the amendment. (2) a non-Federal work-for-others agreement; Section 988(b) of the Energy Policy Act of 2005 and (42 U.S.C. 16352(b)) is amended— The text of the amendment is as fol- (3) any other agreement determined to be ap- (1) in paragraph (1), by striking ‘‘Except as lows: propriate by the Secretary, in collaboration with provided in paragraphs (2) and (3)’’ and insert- Page 5, line 13, strike ‘‘$834,800,000’’ and in- the directors of the National Laboratories. ing ‘‘Except as provided in paragraphs (2), (3), sert ‘‘$823,000,000’’. (c) ADMINISTRATION.— and (4)’’; and Page 5, line 15, strike ‘‘$1,050,000,000’’ and (1) ACCOUNTABILITY.—The director of the af- (2) by adding at the end the following: insert ‘‘$1,038,000,000’’. fected National Laboratory and the affected ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER Page 5, line 18, strike ‘‘$1,034,000,000’’ and contractor shall carry out an agreement under EDUCATION AND OTHER NONPROFIT INSTITU- insert ‘‘$1,010,000,000’’. this section in accordance with applicable poli- TIONS.— Page 6, line 6, strike ‘‘$377,500,000’’ and in- cies of the Department, including by ensuring ‘‘(A) IN GENERAL.—Paragraph (1) shall not sert ‘‘$425,300,000’’. that the agreement does not compromise any na- apply to a research or development activity per- Page 7, line 6, strike ‘‘$834,800,000’’ and in- tional security, economic, or environmental in- formed by an institution of higher education or sert ‘‘$823,000,000’’. terest of the United States. nonprofit institution (as defined in section 4 of Page 7, line 8, strike ‘‘$1,050,000,000’’ and in- (2) CERTIFICATION.—The director of the af- the Stevenson-Wydler Technology Innovation sert ‘‘$1,038,000,000’’. fected National Laboratory and the affected Act of 1980 (15 U.S.C. 3703)). Page 7, line 11, strike ‘‘$1,034,000,000’’ and contractor shall certify that each activity car- ‘‘(B) TERMINATION DATE.—The exemption insert ‘‘$1,010,000,000’’. ried out under a project for which an agreement under subparagraph (A) shall apply during the Page 7, line 24, strike ‘‘$377,500,000’’ and in- is entered into under this section does not 6-year period beginning on the date of enact- sert ‘‘$425,300,000’’. Page 20, line 19, insert ‘‘available’’ after present, or minimizes, any apparent conflict of ment of this paragraph.’’. interest, and avoids or neutralizes any actual ‘‘financial resources’’. SEC. 725. PARTICIPATION IN THE INNOVATION conflict of interest, as a result of the agreement Page 21, lines 7 through 11, strike ‘‘The CORPS PROGRAM. Foundation shall also require awardees to re- under this section. The Secretary may enter into an agreement (3) AVAILABILITY OF RECORDS.—On entering port the Foundation, within 30 days of re- with the Director of the National Science Foun- an agreement under this section, the director of ceipt, any sources of non-Federal funds re- dation to enable researchers funded by the De- a National Laboratory shall submit to the Sec- ceived in excess of $50,000 during the award partment to participate in the National Science retary for monitoring and review all records of period.’’ and insert ‘‘The Foundation shall Foundation Innovation Corps program. the National Laboratory relating to the agree- also require awardees seeking subsequent ment. Subtitle D—Assessment of Impact management fees to report to the Founda- (4) RATES.—The director of a National Lab- SEC. 731. REPORT BY GOVERNMENT ACCOUNT- tion, prior to the consideration of such a re- oratory may charge higher rates for services per- ABILITY OFFICE. quest, any sources of non-Federal funds re- formed under a partnership agreement entered Not later than 3 years after the date of enact- ceived in excess of $100,000. This reporting into pursuant to this section, regardless of the ment of this Act, the Comptroller General of the shall apply to the period following any ini- full cost of recovery, if such funds are used ex- United States shall submit to Congress a re- tial management fee award and for the con- clusively to support further research and devel- port— sideration of any subsequent fee.’’. opment activities at the respective National Lab- (1) describing the results of the projects devel- Page 21, line 20, strike ‘‘AUDITS’’ and insert oratory. oped under sections 721, 722, and 723, including ‘‘REVIEW’’. (d) EXCEPTION.—This section does not apply information regarding— Page 21, line 21, insert ‘‘or review’’ after to any agreement with a majority foreign-owned (A) partnerships initiated as a result of those ‘‘may audit’’. company. projects and the potential linkages presented by Page 21, line 22, strike ‘‘paragraph’’ and in- (e) CONFORMING AMENDMENT.—Section 12 of those partnerships with respect to national pri- sert ‘‘subsection’’. the Stevenson-Wydler Technology Innovation orities and other taxpayer-funded research; and Page 22, line 13, insert ‘‘or social activi- Act of 1980 (15 U.S.C. 3710a) is amended— (B) whether the activities carried out under ties’’ after ‘‘meals’’. (1) in subsection (a)— those projects result in— Page 22, line 16, insert ‘‘or FAR 31.205–22’’ (A) by redesignating paragraphs (1) and (2) as (i) fiscal savings; after ‘‘2 C.F.R. 200.450’’. subparagraphs (A) and (B), respectively, and (ii) expansion of National Laboratory capa- Page 29, line 20, strike ‘‘and’’. indenting the subparagraphs appropriately; bilities; Page 29, line 23, strike the period and in- (B) by striking ‘‘Each Federal agency’’ and (iii) increased efficiency of technology trans- sert ‘‘; and’’. inserting the following: fers; or Page 29, after line 23, insert the following: ‘‘(1) IN GENERAL.—Except as provided in para- (iv) an increase in general efficiency of the (K) efforts to effectively expand, broaden, graph (2), each Federal agency’’; and National Laboratory system; and or scale-up existing activities or programs. (C) by adding at the end the following: (2) assess the scale, scope, efficacy, and im- Page 65, line 23, insert ‘‘, to be available to ‘‘(2) EXCEPTION.—Notwithstanding paragraph pact of the Department’s efforts to promote the extent provided by appropriations Acts,’’ (1), in accordance with section 722(a) of the technology transfer and private sector engage- after ‘‘nonprofit entities,’’. Page 76, line 9, insert ‘‘government,’’ after America COMPETES Reauthorization Act of ment at the National Laboratories, and make ‘‘industry,’’. 2015, approval by the Secretary of Energy shall recommendations on how the Department can Page 91, line 16, insert ‘‘, to be available to not be required for any technology transfer improve these activities. agreement proposed to be entered into by a Na- the extent provided by appropriations Acts,’’ TITLE VIII—SENSE OF CONGRESS tional Laboratory of the Department of Energy, after ‘‘sector,’’. the total cost of which (including the National SEC. 801. SENSE OF CONGRESS. Page 132, line 19, strike ‘‘and’’. Page 132, line 23, strike the period and in- Laboratory contributions and project recipient It is the sense of Congress that climate change sert ‘‘; and’’. cost share) is less than $1,000,000.’’; and is real. Page 132, after line 23, insert the following: (2) in subsection (b), by striking ‘‘subsection The Acting CHAIR. No amendment ‘‘(7) detailed proposals for innovation hubs, (a)(1)’’ each place it appears and inserting to that amendment in the nature of a institutes, and research centers prior to es- ‘‘subsection (a)(1)(A)’’. substitute shall be in order except tablishment or renewal by the Department, SEC. 723. INCLUSION OF EARLY-STAGE TECH- those printed in part A of House Report including— NOLOGY DEMONSTRATION IN AU- THORIZED TECHNOLOGY TRANSFER 114–120. Each such amendment may be ‘‘(A) certification that all hubs, institutes, ACTIVITIES. offered only in the order printed in the and research centers will advance the mis- Section 1001 of the Energy Policy Act of 2005 report, by a Member designated in the sion of the Department, and prioritize re- (42 U.S.C. 16391) is amended by— report, shall be considered as read, search, development, and demonstration; ‘‘(B) certification that the establishment (1) redesignating subsection (g) as subsection shall be debatable for the time speci- (h); and or renewal of hubs, institutes, or research (2) inserting after subsection (f) the following: fied in the report equally divided and centers will not diminish funds available for ‘‘(g) EARLY-STAGE TECHNOLOGY DEMONSTRA- controlled by the proponent and an op- basic research and development within the TION.—The Secretary shall permit the directors ponent, shall not be subject to amend- Office of Science; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.017 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3446 CONGRESSIONAL RECORD — HOUSE May 20, 2015 ‘‘(C) certification that all hubs, institutes, cannot afford their own, and inter- view process, not according to what and research centers established or renewed disciplinary research centers. types of science some of us believe in within the Office of Science are consistent Even our colleagues on Appropria- and some don’t. with the mission of the Office of Science as tions prioritized full funding for this Had we imposed the section 106 re- described in section 209(c) of the Department of Energy Organization Act (42 U.S.C. account at NSF while they made steep quirement on NSF earlier, they may 7139(c)).’’. cuts to other accounts. have never funded the grant that led to Page 136, line 14, strike ‘‘and’’ the end of It just happens that EPSCoR States billions in revenue from the spectrum paragraph (9). overall are represented by many more auction. They may never have funded Page 136, line 15, redesignate paragraph (10) Republicans than Democrats; so, when the grant that the DOD now uses to as paragraph (11). the Science Committee Republicans help train our soldiers on the front Page 136, after line 14, insert the following: proposed cutting funding for the lines to differentiate between friend ‘‘(10) technologies to enhance security for EPSCoR program by 11 percent, their electrical transmission and distributions and foe. They may never have funded systems; and caucus took notice. the grant that led to the creation of Page 151, lines 9 through 14, strike section If only the chairman had actually Google. 629. given the stakeholder community, his Chairman SMITH has been inves- Page 180, line 20, through page 182, line 3, colleagues, and the research and devel- tigating NSF grants he doesn’t like strike section 711. opment agencies an opportunity for a since he became chairman of this com- The Acting CHAIR. Pursuant to hearing or to see and respond or work mittee. The entire purpose of section House Resolution 271, the gentleman in subcommittee on it and respond to 106 is to give him a bigger club to con- from Texas (Mr. SMITH) and a Member this bill before introducing it, we tinue his unfounded investigations in opposed each will control 5 minutes. wouldn’t have had to fix all of these the future. The Chair recognizes the gentleman very big mistakes today. b 1615 from Texas. I am glad the chairman is now restor- Mr. SMITH of Texas. Mr. Chairman, ing the cut to EPSCoR and the other This is bad for NSF, and it is worse this manager’s amendment makes important programs in that account. I for the U.S. leadership in science and some changes to improve the under- only wish he would have listened to an innovation. I urge my colleagues to lying legislation. overwhelming call by the stakeholder think long and hard about the con- The amendment shifts $48 million in community and even some of his own sequences of imposing our own polit- funding within the research and related colleagues to restore the other arbi- ical views and review on the NSF’s activities account at the National trary and shortsighted cuts in this bill. gold-standard scientific merit review Science Foundation. This is at the re- I yield back the balance of my time. process, and I urge the support of Mr. quest of Appropriations Commerce, Mr. SMITH of Texas. Mr. Chairman, I FOSTER’s amendment. Justice, Science and Related Agencies have no other speakers on this side, I reserve the balance of my time. Subcommittee chairman, JOHN CUL- and I yield back the balance of my Mr. SMITH of Texas. Mr. Chairman, I BERSON of Texas, and provides addi- time. claim time in opposition to this tional funding for integrative activi- The Acting CHAIR. The question is amendment. ties to keep it at the fiscal year ’15 on the amendment offered by the gen- The Acting CHAIR. The gentleman is level. tleman from Texas (Mr. SMITH). recognized for 5 minutes. This account includes the Graduate The amendment was agreed to. Mr. SMITH of Texas. Mr. Chairman, Research Fellowship Program and the AMENDMENT NO. 2 OFFERED BY MS. EDDIE it is just inconceivable to me that any Experimental Program to Stimulate BERNICE JOHNSON OF TEXAS U.S. Representative would oppose re- Competitive Research, which will be The Acting CHAIR. It is now in order quiring government grants funded by fully funded at this level. to consider amendment No. 2 printed in the U.S. taxpayer to be spent in the na- The amendment directs the Depart- part A of House Report 114–120. tional interest. ment of Energy to develop technologies Ms. EDDIE BERNICE JOHNSON of Throughout its history, the National to enhance security for electrical Texas. Mr. Chairman, I have an amend- Science Foundation has played an inte- transmission and distribution systems. ment at the desk as the designee of the gral part in funding breakthrough dis- The amendment includes additional gentleman from Illinois (Mr. FOSTER). coveries in fields as diverse as mathe- direction on the development of hubs, The Acting CHAIR. The Clerk will matics, physics, chemistry, computer innovation institutes, and research designate the amendment. science, engineering, and biology. centers at the Department of Energy. The text of the amendment is as fol- However, the NSF has approved a I urge my colleagues to support this lows: number of grants for which the sci- amendment, and I reserve the balance Page 15, line 13, through page 17, line 9, entific merits and national interest are of my time. strike section 106. not obvious, to put it politely. These Ms. EDDIE BERNICE JOHNSON of The Acting CHAIR. Pursuant to include a climate change musical cost- Texas. Mr. Chairman, I claim the time House Resolution 271, the gentlewoman ing $800,000, evaluating animal photo- in opposition to this amendment, al- from Texas (Ms. EDDIE BERNICE JOHN- graphs in National Geographic for at though I do not oppose the amendment. SON) and a Member opposed each will least $200,000, and studying early The Acting CHAIR. Without objec- control 5 minutes. human-set fires in New Zealand, in the tion, the gentlewoman is recognized for The Chair recognizes the gentle- 1800s, for several hundred thousand dol- 5 minutes. woman from Texas. lars. There was no objection. Ms. EDDIE BERNICE JOHNSON of The section this amendment strikes Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I want to thank ensures that the NSF is transparent Texas. Mr. Chairman, I yield myself Mr. FOSTER for his leadership on this and accountable to the taxpayers about such time as I may consume. important issue. how their hard-earned dollars are I appreciate that this amendment Section 106 exemplifies the major- spent. The bill requires that every NSF makes a few small improvements to ity’s efforts to impose their own per- public announcement of a grant award the bill, so I will not oppose it. How- sonal beliefs and ideologies on the be accompanied by a nontechnical ex- ever, I want to take a moment to re- process of scientific discovery. Col- planation of the project’s scientific flect on how this amendment dem- leagues, science is not about belief; it merits and how it serves the national onstrates how flawed the process on is about discovery and the pursuit of interest. the majority’s bill has been. questions about both the natural world The NSF itself has recognized the In this amendment, the chairman re- and the human world. need for this transparency and ac- stores an arbitrary 11 percent cut to We should hold NSF accountable, and countability. Last January, the NSF the EPSCoR program, in addition to NSF should hold its grantees account- released a new policy that acknowl- the prestigious NSF Graduate Research able. However, accountability should edges that the NSF must communicate Fellowship Program, scientific instru- be measured according to the trans- clearly and in nontechnical terms the mentation for smaller institutions that parency and integrity of the grant re- research projects it funds. The policy

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.018 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3447 emphasizes that the title abstract for posals to remove duplicitous and re- not do anything to undermine the gold- each funded grant should explain how dundant requirements that just waste standard NSF peer review system. I in- the project serves the national inter- everyone’s time; whereas, it seems to vite all to read the section and decide est, a requirement first cited in the me that section 106 is exactly along for themselves, or to simply listen to 1950 legislation that created the Na- this line. While it may just seem an in- the NSF and to the NSB, which over- tional Science Foundation. Again, the nocuous waste of time to some, we sees the NSF. national interest standard that the know that for the past 2 years sci- As the chairman said, NSF Director gentlewoman from Texas opposes was entists have had their projects targeted France Cordova stated her support for in the NSF’s first charter. as potentially wasteful or not ‘‘in the section 106 at a committee hearing in The current Director of the NSF her- national interest,’’ often based on February, saying it is ‘‘very compat- self has endorsed the national interest nothing but their titles. Not only is ible with the NSF internal guidelines standard. In her testimony before the this wrong, it is blatantly political. and with the mission statement of House Science, Space, and Technology It is easy to make cheap shots here. NSF.’’ Committee on February 25, NSF Direc- My parents, actually, both worked for I applaud NSF for these new guide- tor France Cordova spoke about the Senator Bill Proxmire, who for years lines which explain to the public why very section the gentlewoman seeks to and years did the Golden Fleece each proposal is being funded and how eliminate. Awards. He was a wonderful and it is in the national interest. This will Dr. Cordova said: ‘‘It is very compat- thoughtful Senator, but on this one, he help the NSF defend worthwhile grants ible with the new internal NSF guide- consistently missed the mark. It is that are attacked by critics who some- lines and with the mission statement easy to make fun of projects with times misrepresent projects. In doing of NSF.’’ funny sounding names or with strange so, it will also protect the NSF. The national interest standard does topics, but the NSF is the gold stand- While the National Science Board not interfere with the merit review ard for a reason. does not formally endorse legislation, process. The bill clearly states: ‘‘Noth- Take, for example, anthropologist at the meeting 2 weeks ago, the board ing in this section shall be construed as Dr. Scott Atran, who received funding passed a resolution strongly endorsing altering the Foundation’s intellectual from the NSF in 1994 for a study that the principle that all Foundation-fund- merit or broader impacts criteria for was entitled, ‘‘Local Ecological Knowl- ed research must further the national evaluating grant applications.’’ edge of Common-Pool Resources in interest by contributing to the Foun- I urge my colleagues to oppose this Campeche, Mexico.’’ Dr. Atran subse- dation’s mission. amendment and to support the under- quently applied what he learned to So, while I agree with my friend on lying legislation. questions of extremism in the Middle almost everything related to science I reserve the balance of my time. East and is now a key national expert policy, I must reluctantly oppose this Ms. EDDIE BERNICE JOHNSON of on countering extremism in the Middle amendment. I wish we could have been Texas. Mr. Chairman, I yield such time East, valued as a consultant by the De- able to have worked out a COMPETES as he may consume to the gentleman partment of Defense and the Depart- bill we could all support. Regrettably, from Illinois (Mr. FOSTER), a physicist. ment of State. we did not, but let’s not throw out this Mr. FOSTER. Mr. Chairman, my The Acting CHAIR. The time of the language that was worked out and that amendment, which I understand has gentlewoman from Texas has expired. will help the NSF defend its peer re- been introduced, would strike section Mr. SMITH of Texas. Mr. Chairman, I view process. 106 of the bill, which, in my view, adds will simply say to the gentleman from Mr. SMITH of Texas. I yield back the a dangerous political filter to NSF’s Illinois (Mr. FOSTER) that I recognize balance of my time. gold-standard merit review process. and appreciate him. He is a smart, The Acting CHAIR. The question is I do not stand alone in this view. The thoughtful, and well-motivated mem- on the amendment offered by the gen- overwhelming majority of my col- ber of the Science, Space, and Tech- tlewoman from Texas (Ms. EDDIE BER- leagues in the scientific community nology Committee, so I am really sorry NICE JOHNSON). are still quite uncomfortable with this he opposes this national interest stand- The question was taken; and the Act- language that would, as the American ard that, I think, is the right thing to ing Chair announced that the noes ap- Society for Microbiology stated, ‘‘have do for America and for the American peared to have it. an adverse impact on NSF’s peer re- taxpayers. Mr. FOSTER. Mr. Chairman, I de- view process, which is essential to I yield the balance of my time to the mand a recorded vote. funding meritorious research.’’ All of gentleman from Illinois (Mr. LIPINSKI), The Acting CHAIR. Pursuant to us here want to be good stewards of who is a very active and talented mem- clause 6 of rule XVIII, further pro- taxpayer money. ber of the Science, Space, and Tech- ceedings on the amendment offered by This is also true of the National nology Committee. the gentlewoman from Texas will be Science Foundation, which currently Mr. LIPINSKI. Mr. Chairman, I want postponed. already requires that the NSF public to commend my good friend from Illi- AMENDMENT NO. 3 OFFERED BY MS. JACKSON award abstract consist of a nontech- nois for his strong commitment to ad- LEE nical component which will include ‘‘a vocating for scientific research. I share The Acting CHAIR. It is now in order public justification for NSF funding by many of his concerns about the under- to consider amendment No. 3 printed in articulating how the project serves the lying bill, and I will be voting against part A of House Report 114–120. national interest,’’ as stated by NSF’s this bill. However, I must also oppose Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk. mission: to promote the progress of this amendment. I agree with Mr. FOS- The Acting CHAIR. The Clerk will science; to advance the national TER and I disagree with the chairman designate the amendment. health, prosperity, and welfare; or to on some of the attacks on some past The text of the amendment is as fol- secure the national defense. grants that have been granted by the lows: As the Biophysical Society has point- NSF. I think section 106 helps to avoid Page 29, line 20, strike ‘‘and’’. ed out: ‘‘NSF is committed to . . . of- that. Page 29, line 23, strike the period and in- fering the public a better under- The first incarnation of what is now sert a semicolon. standing of a research project’s intent, section 106 was the High Quality Re- Page 29, after line 23, insert the following: which will satisfy this section’s objec- search Act, which was unveiled nearly (K) creating State and regional workshops tive.’’ 2 years ago. I strongly opposed that, as to train K-12 teachers in science and tech- The whole intent of this mystifies me did the vast majority of the research nology project-based learning to provide in- a little bit. I serve on two commit- community, and we set about getting struction in how to initiate robotics and tees—the Financial Services Com- that changed. Through a series of dis- other STEM competition team development programs; and mittee and the Science, Space, and cussions, the current language—vastly (L) encouraging and supporting efforts led Technology Committee. On the Finan- different and vastly improved from the by institutions of higher education, busi- cial Services Committee, there is a original—was reached with a broad def- nesses, and local public and private edu- steady drumbeat of Republican pro- inition of national interest that does cational agencies to establish collaborative

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.060 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3448 CONGRESSIONAL RECORD — HOUSE May 20, 2015 efforts to provide K-12 students residing in There was no objection. ‘‘One focus area for increasing the areas with unemployment rates that exceed Mr. SMITH of Texas. Mr. Chairman, STEM workforce has been to reduce the national average by 1 percent or more. this amendment would include teacher disparities in STEM employment by The Acting CHAIR. Pursuant to training for STEM competitions and sex, race, and Hispanic origin. Histori- House Resolution 271, the gentlewoman collaborations as permitted activities cally, women, Blacks, and Hispanics from Texas (Ms. JACKSON LEE) and a under a program in the bill to encour- have been underrepresented in STEM Member opposed each will control 5 age engagement in STEM education ac- employment,’’ and it goes on to elabo- minutes. tivities. Supporting out-of-school ac- rate. The Chair recognizes the gentle- tivities, like competitions, is con- 1630 woman from Texas. sistent with the underlying bill, so I b Ms. JACKSON LEE. Mr. Chair, let accept the gentlewoman’s amendment. This amendment gives an added op- me take a moment to thank both of my I yield back the balance of my time. portunity to focus in, to hone in on fellow Texans and to acknowledge that Ms. JACKSON LEE. Mr. Chairman, teacher training and reaching out to I know that there is a difference of how much time do I have remaining? those very hungry minds in the minor- opinion, but no one can disagree with The Acting CHAIR. The gentlewoman ity communities who are eager to be the crucialness of America’s competi- from Texas has 21⁄2 minutes remaining. part of the changing fabric of America tiveness and of the necessity for cre- Ms. JACKSON LEE. Mr. Chairman, I that focuses on science, technology, en- ating a workforce that can compete. want to focus just a little bit on com- gineering, and math. From financial Allow me to acknowledge Congress- petitions regarding this amendment, services, to homeland security, to man JOHNSON for the steadfast commit- competitions such as FIRST, which is a space and aeronautics, to manufac- ment and service to the Science, Space, national robotics competition that en- turing, to the Silicon Valleys of the and Technology Committee. I had the gages 400,000 students each year and Nation, STEM is crucial. privilege of serving with her in the that awards millions of dollars in I would like to now acknowledge early stages of my membership here in scholarships, paving the way for future both the committee staff on the major- this august body, and I want to thank STEM success. her personally for the great strides and ity and minority who assisted us, and I I submit for the RECORD a document would like to acknowledge my staff, successes that she has had in expand- entitled, ‘‘Disparities in STEM Em- Lillie Coney, for her excellent work on ing opportunities for the most vulner- ployment by Sex, Race, and Hispanic these matters. able in our community. Origin.’’ With that, Mr. Chairman, I ask for Mr. Chairman, my amendment [From census.gov, Sept. 2013] speaks to this issue, and it continues support of the Jackson Lee amend- DISPARITIES IN STEM EMPLOYMENT BY SEX, ment. to seek to address the STEM education RACE, AND HISPANIC ORIGIN Ms. JACKSON LEE. Mr. Chair, I have an gap for K–12 students. Jackson Lee (By Liana Christin Landivar) amendment at the desk. amendment No. 3 creates State and re- AMERICAN COMMUNITY SURVEY REPORTS I thank Chairman SMITH and Ranking Mem- gional workshops to train K–12 teach- Introduction ers in project-based science and tech- ber JOHNSON for the opportunity to speak on Industry, government, and academic lead- my amendment to H.R. 1806, the America nology learning, which will allow them ers cite increasing the science, technology, to provide instruction in initiating ro- engineering, and mathematics (STEM) work- COMPETES Reauthorization Act of 2015. botics and other STEM competition force as a top concern. The National Acad- My amendment included in the Rule to H.R. team development programs. emy of Sciences, National Academy of Engi- 1806 would improve the bill by addressing the I now serve on the Homeland Secu- neering, and the Institute of Medicine de- STEM education gap for K–12 students. rity Committee, and I note that the ex- scribe STEM as ‘‘high-quality, knowledge-in- Jackson Lee Amendment #3, creates state tent of technology in securing this Na- tensive jobs . . . that lead to discovery and and regional workshops to train K–12 teachers tion is without comparison. It is nec- new technology,’’ improving the U.S. econ- in project-based science and technology learn- essary. It is crucial. This amendment omy and standard of living. In 2007, Congress passed the America COMPETES Act, reau- ing, which will allow them to provide instruc- also leverages the collaboration among thorized in 2010, to increase funding for tion in initiating robotics and other STEM com- higher education businesses and local STEM education and research. petition team development programs. and private/public education agencies One focus area for increasing the STEM This amendment also leverages the collabo- to support STEM efforts at schools lo- workforce has been to reduce disparities in ration among higher education, businesses, cated in areas where unemployment is STEM employment by sex, race, and His- local private and public education agencies to 1 percent or more above the national panic origin. Historically, women, Blacks, support STEM efforts at schools located in rate. and Hispanics have been underrepresented in STEM employment. Researchers find that areas with unemployment is 1 percent or more We want to get right to the core of above the national rate. the most vulnerable and the most women, Blacks, and Hispanics are less likely to be in a science or engineering major at Robotics competitions and other similar needy students. Robotic competitions the start of their college experience, and less competitive opportunities have proven to be and other similar competitive opportu- likely to remain in these majors by its con- one of the most successful paths for engaging nities have proven to be one of the clusion. Because most STEM workers have a young minds in STEM education. most successful paths for engaging science or engineering college degree, under- Competitions such as FIRST, a national ro- young minds in STEM education. I representation among science and engineer- botics competition that engages 400,000 stu- have held a robotics competition, and ing majors could contribute to the underrep- dents each year and awards millions of dollars it is absolutely amazing to see the resentation of women, Blacks, and Hispanics in scholarships are paving the way for future young people’s minds and hearts gather in STEM employment. around it. My amendment has that ca- This report details the historical demo- STEM success. graphic composition of STEM occupations, pacity to it. Of course, it responds to This Jackson Lee amendment focuses on followed by a detailed examination of cur- reducing the STEM gaps that currently exists the fact that only 1 out of 10 high rent STEM employment by age and sex, pres- schools in the U.S. offers computer between K–12 students attending schools in ence of children in the household, and race different geographic regions or who come from science programs, and it is estimated and Hispanic origin based on the 2011 Amer- that the education systems in 25 States ican Community Survey (ACS). The report diverse socioeconomic backgrounds. do not count computer science classes concludes with an examination of the demo- Only 1 out of 10 high schools in the U.S. toward high school graduation. graphic characteristics of science and engi- offer computer science programs I ask my colleagues to support the neering graduates who are currently em- It is estimated that the education systems in Jackson Lee amendment, and I reserve ployed in a STEM occupation. 25 states do not count computer science the balance of my time. Ms. JACKSON LEE. Specifically, the classes toward high school graduation. Mr. SMITH of Texas. Mr. Chairman, I language says: ‘‘Industry, government, Both economists and business leaders have claim the time in opposition to the and academic leaders cite increasing identified that the future of the American econ- amendment, although I do not oppose the science, technology, engineering, omy will be in STEM fields, which the Bureau the amendment. and mathematics (STEM) workforce as of Labor Statistics estimates will create more The Acting CHAIR. Without objec- a top concern.’’ than 9 million jobs between 2012 and 2022. tion, the gentleman is recognized for 5 This is in the American Community The STEM gap is more pronounced when minutes. Survey Reports. considering minority groups.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\A20MY7.020 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3449 U.S. Census 2010 data from the National Human Resources an Office of STEM Edu- I ask that my colleagues from both sides of Science Foundation and the U.S. Census Bu- cation Gap Awareness with the duties of re- the aisle support this amendment. reau, showed that underrepresented minorities ducing the STEM gap in K–12 and post-sec- I yield back the balance of my time. earned 18.6 percent of total undergraduate ondary education among underrepresented The Acting CHAIR. The question is degrees from 4-year colleges, but only 16.4 populations. on the amendment offered by the gen- percent of the degrees in science fields and The Jackson Lee amendments are intended tlewoman from Texas (Ms. JACKSON less than 13 percent of degrees in physical to bridge the STEM gap in rural and urban LEE). sciences and engineering. areas where opportunities for training in STEM The amendment was agreed to. Many historically underrepresented groups, that can enhance the productivity of busi- AMENDMENT NO. 4 OFFERED BY MS. ESTY including low income urban, rural and Native nesses large and small are lacking. The Acting CHAIR. It is now in order American communities have difficulty access- The Brookings’ Metropolitan Policy Pro- to consider amendment No. 4 printed in ing STEM education and job training opportu- gram’s report ‘‘The Hidden STEM Economy,’’ part A of House Report 114–120. nities. reported that in 2011, 26 million jobs or 20 Ms. ESTY. Mr. Chairman, I have an Jackson Lee Amendment #17 would have percent of all occupations required knowledge amendment at the desk. The Acting CHAIR. The Clerk will increased awareness among underrep- in 1 or more STEM areas. Half of all STEM jobs are available to work- designate the amendment. resented groups in STEM employment and The text of the amendment is as fol- ers without a 4 year degree and these jobs education opportunities by providing informa- lows: tion on certification, undergraduate and grad- pay on average $53,000 a year, which is 10 Page 41, line 7, strike ‘‘and’’ after ‘‘soci- uate STEM programs. percent higher than jobs with similar education ety;’’. One of the most enduring difficulties faced requirements. Page 41, line 12, strike the period at the by underrepresented populations is a lack of There will be STEM winners and losers not end and insert ‘‘; and’’. awareness and understanding of the connec- because the skills needed are too difficult to Page 41, after line 12, insert the following tion between STEM and employment opportu- obtain, but because people are not aware of new paragraph: nities. the jobs that are going unfilled today nor do (4) I-Corps should continue to promote a In 2012, a survey found that despite the na- they know what education or training will cre- strong innovation system by investing in and supporting female entrepreneurs, who tion’s growing demand for more workers in ate job security for the next 2 to 3 decades. are historically underrepresented in entre- science, technology, engineering, and math I am very aware of the importance of STEM preneurial fields, through mentorship, edu- grows, the skills gap among the largest ethnic job training and education. cation, and training. and racial minorities groups remain stubbornly A third of Houston jobs are in STEM-based The Acting CHAIR. Pursuant to wide. fields. House Resolution 271, the gentlewoman Blacks and Latinos account for only 7 per- Houston has the second largest concentra- from Connecticut (Ms. ESTY) and a cent, of the STEM workforce despite rep- tions of engineers (22.4 for every 1,000 work- Member opposed each will control 5 resenting 28 percent of the U.S. population. ers according to the Greater Houston Partner- minutes. Jackson Lee Amendment #18 would have ship). The Chair recognizes the gentle- made sure that the issue of reducing the skills Houston has 59,070 engineers, the second woman from Connecticut. and education gap of underrepresented largest populations in the nation. Ms. ESTY. Mr. Chairman, my amend- groups in STEM degree programs is consid- STEM jobs are at the core of Houston’s ment would increase support for ered as current STEM education federal pro- economic success, but what we have done women in entrepreneurship at the Na- grams were reviewed. with STEM innovation and job creation in the tional Science Foundation’s Innovation Jackson Lee Amendment #19 could have city of Houston is not enough to satisfy the re- Corps, also known as the I-Corps. It has furthered the skills development and training gions demand for STEM trained workers. been an honor and privilege to meet of teachers who provide instruction in K–12 Houston anticipates that in the next 5 years with women across Connecticut who STEM courses where 40 percent of the stu- the gap in the number of people with STEM are creating and building their own dents are on free or reduced lunch programs skills and training will not keep up with the startups and small businesses. or in areas where unemployment is 1 percent number of positions requiring those skills. In March I hosted a Women in or more above the national average. This is not just true for Houston, Texas—it Science, Technology, Engineering, and Although most STEM specific education oc- is true for every region of the nation—whether Math roundtable, bringing together curs in college and graduate school, interest in you live in a rural community or urban center. educators, innovators, and business STEM fields must be fostered from a young By 2018 the United States will need: owners to identify barriers that women age through successful K–12 programs. 710,000 Computing workers; 160,000 Engi- face when looking to advance in the Many schools serving low-income students neers; 70,000 Physical Scientists; 40,000 Life critical STEM and entrepreneurial lack the resources to provide continuity of Science workers; 20,000 Mathematics work- fields. STEM K–12 education, and as a result, stu- ers. These local leaders all agreed that dents lose the opportunity to develop the skills STEM Computing Jobs are critical to Amer- one of the biggest problems for women that will prepare them for higher STEM edu- ica’s future: Software engineers; Computer in the STEM fields is the lack of cation. networking workers; Systems analysis; Com- mentorship and support, and, quite Jackson Lee Amendment #21 was an effort puter researcher or support workers. simply, women do not have the same to identify no-cost or low-cost summer and Types of STEM Engineering Jobs: Structural support and mentorship as their male after school science and technology edu- Engineers; Mechanical Engineers; Software counterparts because they are often cations programs and have that information Engineers; Electrical Engineers; Automotive the first women in leadership positions broadly disseminated to the public. Engineers; Aeronautical Engineers; Naval En- in their fields. Throughout primary and secondary edu- gineers; Architects. In fact, our Smaller Manufacturers cation, skills retention is one of the most Types of STEM Physical Sciences Jobs: Bi- Association in Connecticut just elected pressing concerns facing underrepresented ologists; Zoologists; Agricultural; Food Sci- their first female president, Anne students. entists; Conservation Scientists; Medical Sci- Strobel, and she has already hit the Without access to after-school and summer entists; Climatologists. ground running to build on our State’s programs, even those students with a passion Types of STEM Life Scientists [PhDs]: Polit- strong manufacturing tradition. for STEM risk falling behind their peers. ical Science; Economists; Anthropologists; Ar- National studies and experts echo the Jackson Lee Amendment #22 made grants chaeology; Cultural Researchers; Language concerns women raised at the STEM available to local education agencies to sup- Experts (Linguistic and Language Skills). roundtable in my own district. The port training in STEM education methods to Types of STEM Mathematics: Teachers; Kauffman Foundation recently sur- teachers to improve their instruction at schools Physicists; Cryptographers; Statisticians; Ac- veyed 350 female tech startup founders serving neglected, delinquent, and migrant countants. and found that the number one shared students, English learners, at-risk students, In order to ensure that underserved popu- concern is a lack of role models and and Native Americans as determined by the lations reach the level of STEM education and mentors for women thinking of going director. opportunity they choose to pursue, I believe it into business for themselves. Jackson Lee Amendment #23 establishes is integral to create an office that will focus on Recent news reports have noted the within the Directorate for Education and closing the STEM education gap. chronic underrepresentation of women

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.037 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3450 CONGRESSIONAL RECORD — HOUSE May 20, 2015 in the booming tech sector, including cially enjoy being on the same side of The Acting CHAIR. The Clerk will startups. In fact, women make up only this issue with the chairman of the designate the amendment. 30 percent of the tech workforce and 22 Committee on Science, Space, and The text of the amendment is as fol- percent of the leadership roles, despite Technology. lows: being 60 percent of the workforce. It is Mr. Chairman, I would like to add my Page 45, after line 14, insert the following: clear that we must do more for women voice to Representative ESTY’s voice in SEC. 127. HISPANIC OPPORTUNITY PROGRAM IN so they can build businesses and create support of her amendment. I-Corps is a EDUCATION AND SCIENCE. revolutionary partnership that helps Not later than 120 days after the date of good-paying jobs. enactment of this Act, the Director of the My amendment would provide that maximize the economic impact of tax- National Science Foundation shall establish support to women through the NSF’s payer-funded research by connecting the program described in section 7033 of the Innovation Corps, known as the I- the brilliant minds at NSF to the bril- America COMPETES Act (42 U.S.C. 1862o–12) Corps, by expanding their mission to liant minds in the private sector. for Hispanic-serving institutions (as defined specifically include support for and in- This amendment offered by Rep- in section 502 of the Higher Education Act of vestment in female entrepreneurs resentative ESTY today ensures that we 1965 (20 U.S.C. 1101a)). through mentorship, education, and foster all of the brilliant minds by sup- The Acting CHAIR. Pursuant to training. porting female entrepreneurs. Gender House Resolution 271, the gentleman The I-Corps program fosters entre- diversity makes good business sense. from New York (Mr. CROWLEY) and a preneurship by giving students the Research conducted by Dow Jones on Member opposed each will control 5 tools they need to move discoveries venture-backed companies found that minutes. and technology from the research lab successful ones had twice the number The Chair recognizes the gentleman to the market. I-Corps is making a dif- of women on the founding teams, and from New York. ference in helping teach and support there is more research that shows that Mr. CROWLEY. Mr. Chairman, I 1 entrepreneurs across the country. women-owned firms outperformed yield myself 1 ⁄2 minutes. Mr. Chairman, 8 years ago when the In my own State, the University of those owned by male counterparts. De- House first considered the America Connecticut recently received I-Corps spite this and despite the fact that COMPETES Act, I offered an amend- funding, and it is designated as an I- women earn more college degrees than ment with my then-colleague Gabby Corps site. Accelerate UConn will build men, they comprise only 5 percent of Giffords as well as Congressman JERRY on the investment the State of Con- Fortune 500 CEOs and only 19 percent MCNERNEY to correct a longstanding necticut is already making to ensure of corporate board seats. Clearly, some- inequity at the National Science Foun- that they remain a leader in our na- thing is wrong. dation. Unlike their counterparts in tional innovation ecosystem. For us to fully realize our economic higher education, Hispanic-Serving In- Our competitiveness as a nation de- potential, we have got to do a better stitutions have not benefited from a pends on robust research and tech- job of supporting female entrepreneurs. specific program at the NSF to provide nology and on ensuring that we draw That is why I strongly support her them with grants for research, cur- on the best and the brightest, whether amendment and urge my colleagues to riculum, and infrastructure develop- they be men or women. By increasing do the same. ment. the number of women entrepreneurs in Mr. SMITH of Texas. Mr. Chairman, I The amendment corrected this in- the fields of science, technology, engi- do not think I am going to disagree equity, requiring the NSF to create a neering, and math, we as a nation will with what the gentlewoman from Con- separate program for HSIs. It was all benefit from the innovation that necticut has to say during her remain- adopted, and it became law. But to this comes from a diverse workforce. ing time, so I yield back the balance of day, the NSF has not implemented the It is not only morally right, but eco- my time. program as codified in law. This bipar- nomically smart to foster entrepre- Ms. ESTY. Mr. Chairman, how much tisan amendment would correct that neurship of women. I encourage all my time do I have remaining? and require the HSI program to finally colleagues to support my amendment. The Acting CHAIR. The gentlewoman be implemented within 4 months of the I reserve the balance of my time. from Connecticut has 1 minute remain- enactment of this measure. Mr. SMITH of Texas. Mr. Chairman, I ing. Hispanic-Serving Institutions serve claim the time in opposition to the Ms. ESTY. I yield such time as she the majority of nearly 2 million Latino amendment, though I don’t oppose the may consume to the gentlewoman from students enrolled in college today. In amendment. Texas (Ms. EDDIE BERNICE JOHNSON), my district alone, about 10,000 students The Acting CHAIR. Without objec- the ranking member, with my thanks. attend Hispanic-Serving Institutions tion, the gentleman is recognized for 5 Ms. EDDIE BERNICE JOHNSON of offering degrees in these fields of minutes. Texas. Mr. Chairman, I rise in support science. Without access to targeted There was no objection. of this amendment and want to thank grants, HSIs have difficulty increasing Mr. SMITH of Texas. Mr. Chairman, the author for bringing it forward and the ranks of Latinos in the STEM this amendment would add a sense of thank the chairman of the committee fields, where they have been histori- Congress of Congress’ support for the for supporting it. cally underrepresented. NSF’s Innovation Corps program in the Our support historically goes back to We must ensure that Latinos, the underlying bill. This language would Congresswoman Connie Morella. The youngest and fastest growing ethnic include the promotion of a strong inno- two of us did a study maybe 15 or 16 group in our Nation, are prepared with vation system with investments and years ago, and we both have been very, the knowledge and skills that will con- support for female entrepreneurs. I- very supportive of women in the tribute to our Nation’s future eco- Corps is an excellent program. I sup- sciences and hope that we can get a nomic strength, security, and global port the gentlewoman’s amendment better bill so that we can address get- leadership, because when education is and appreciate her offering it. ting them ready for these jobs. available to everyone, our entire Na- I reserve the balance of my time. Ms. ESTY. I yield back the balance of tion is stronger. Ms. ESTY. Mr. Chairman, may I in- my time. I want to thank my colleagues who quire how much time I have remain- The Acting CHAIR. The question is worked with me on this issue: Mr. ing? on the amendment offered by the gen- SERRANO, who has a stand-alone bill to The Acting CHAIR. The gentlewoman tlewoman from Connecticut (Ms. make this fix permanent, and Mr. from Connecticut has 2 minutes re- ESTY). LUJA´ N, Mr. HURD, as well as Mr. maining. The amendment was agreed to. CURBELO, who have cosponsored this Ms. ESTY. Mr. Chairman, I yield 11⁄2 AMENDMENT NO. 5 OFFERED BY MR. CROWLEY amendment. minutes to the gentleman from Vir- The Acting CHAIR. It is now in order I reserve the balance of my time. ginia (Mr. BEYER). to consider amendment No. 5 printed in Mr. SMITH of Texas. Mr. Chairman, I Mr. BEYER. Mr. Chairman, I thank part A of House Report 114–120. claim the time in opposition to the my friend for yielding and for her lead- Mr. CROWLEY. Mr. Chairman, I have amendment, though I don’t oppose the ership on this important issue. I espe- an amendment at the desk. amendment.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.068 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3451 The Acting CHAIR. Without objec- dozen of them serve students in my dis- gentleman and all of the persons who tion, the gentleman is recognized for 5 trict. This increased access to grants sponsored this amendment. I want to minutes. will help increase the recruitment, re- commend them. There was no objection. tention, and graduation rates of His- When Mr. LUJA´ N was on the Science Mr. SMITH of Texas. Mr. Chairman, panic students pursuing degrees in Committee, we actually developed that this amendment would require NSF to STEM fields. That is good for these language that did pass in the last COM- establish a program originally author- students; that is good for our univer- PETES Act, so I fully support this ized in the 2007 COMPETES Act. I sup- sities, our communities, our busi- amendment. port the gentleman’s amendment. nesses, and our economy. Mr. CROWLEY. Mr. Chairman, let me I reserve the balance of my time. I want to thank the gentleman from just use the remaining time to thank Mr. CROWLEY. Mr. Chairman, I ap- New York, Mr. CROWLEY, for intro- Chairman SMITH for his cooperation preciate the comments from the chair- ducing this amendment. I encourage and that of his staff, as well as the co- man. my colleagues to support it. operation of Ms. JOHNSON and her staff. I yield 1 minute to the gentleman Mr. CROWLEY. I thank Mr. HURD for I do think that this amendment is from New York (Mr. SERRANO), my his comments. the final tooth we need to make this friend and a cosponsor of the amend- I want the RECORD to reflect that I law work and to drive the money and ment. was willing and expecting to be yield- the resources to the people we intended (Mr. SERRANO asked and was given ing the gentleman 1 minute. Since the for them to go to, and that is Latino or permission to revise and extend his re- cooperation is running so smoothly, Hispanic young men and women who marks.) Mr. Chairman, thank you for yielding Mr. SERRANO. I thank my colleague want to strive to succeed in the fields the 2 minutes to Mr. HURD. of science and medicine to help make for yielding me this time. With that, I yield 1 minute to the Mr. Chairman, as my colleague has our country an even better country. gentleman from New Mexico (Mr. BEN said, in 2007 he added a provision to the I thank you both again for your co- RAY LUJA´ N). operation, and I yield back the balance original America COMPETES Act to Mr. BEN RAY LUJA´ N of New Mexico. give the NSF the discretion to estab- of my time. Mr. Chairman, I rise today in support The Acting CHAIR. The question is lish a dedicated grant program. How- of this amendment that I am proud to ever, after years of persistence, the on the amendment offered by the gen- offer with my colleagues. tleman from New York (Mr. CROWLEY). NSF has refused to act. That is why I want to thank Congressman CROW- ´ The amendment was agreed to. last month Mr. CROWLEY, Mr. LUJAN, LEY for his leadership. I want to recog- and myself introduced the HOPES Act. AMENDMENT NO. 6 OFFERED BY MR. GRIFFITH nize Chairman SMITH for his responsi- The Acting CHAIR. It is now in order Today’s amendment replicates the bility in working and looking out for HOPES Act and requires the NSF to es- to consider amendment No. 6 printed in these students as well. part A of House Report 114–120. tablish an undergraduate grant pro- In today’s world, science, technology, Mr. GRIFFITH. Mr. Chairman, I have gram for Hispanic-Serving Institutions. engineering, and math degrees trans- an amendment at the desk. Hispanics are underrepresented in the late into high-paying, in-demand jobs. STEM fields, and more needs to be The Acting CHAIR. The Clerk will While we are still struggling with high designate the amendment. done to ensure that we are not missing unemployment in my home State of the best and the brightest from all the The text of the amendment is as fol- New Mexico, there are sectors, espe- lows: parts of America in developing the next cially in STEM, that are having dif- Page 49, line 2, insert ‘‘The Advisory Panel generation of scientists, engineers, and ficulty finding qualified workers. To mathematicians. shall consist of 15 members, with 3 members help meet this demand, the National appointed by the Speaker of the House of This amendment is a big step in the Science Foundation manages a number right direction. I thank Representative Representatives and 2 members appointed by of programs at minority-serving insti- the Majority Leader of the Senate.’’ after CROWLEY for his leadership on this tutions, including Historically Black ‘‘other appropriate organizations.’’. issue. I thank the chairman for accept- Colleges and Universities and Tribal Page 171, line 2, insert ‘‘, except that 3 ing the amendment. Colleges and Universities. members shall be appointed by the Speaker Mr. SMITH of Texas. Mr. Chairman, I of the House of Representatives and 2 mem- yield 2 minutes to the gentleman from b 1645 bers shall be appointed by the Majority Texas (Mr. HURD). These programs have filled an impor- Leader of the Senate. The total number of Mr. HURD of Texas. Mr. Chairman, I tant void by preparing minority stu- members of the advisory committee shall be 15.’’ after ‘‘by the Secretary’’. rise in support of this amendment, dents for meaningful careers in STEM. which will benefit the students at sev- However, there is no such program and, The Acting CHAIR. Pursuant to eral fine institutions in the 23rd Con- therefore, a lack of critical support for House Resolution 271, the gentleman gressional District of Texas. Hispanic Americans. This is also evi- from Virginia (Mr. GRIFFITH) and a One thing that everybody here wants dent in the fact that Hispanics are se- Member opposed each will control 5 is a healthy economy. We want the verely underrepresented in the STEM minutes. American economy to continue to be workforce. The Chair recognizes the gentleman the strongest in the world, and if It is time that we fund the creation from Virginia. American businesses are going to com- of a program for Hispanic-Serving In- Mr. GRIFFITH. Mr. Chairman, my pete and win in a global economy, we stitutions to develop infrastructure, amendment would make a couple of have to have the best trained and best curriculum, and recruit Hispanic stu- slight changes to two new advisory equipped workforce possible. dents into STEM fields. To do what is boards created in this bill: the STEM This means our institutions of higher best for America, we need to invest and education advisory panel and a new De- learning need to be fully capable of of- promote these programs. partment of Energy advisory com- fering their students the opportunities Mr. SMITH of Texas. Mr. Chairman, I mittee. to learn the skills that are going to have no further speakers, and I yield My amendment sets the total number drive a 21st century economy, and that back the balance of my time. of members for these two new advisory means STEM degrees must be a pri- Mr. CROWLEY. Mr. Chairman, how boards at 15 each, and most impor- ority for our colleges and universities. much time do I have remaining? tantly, it ensures that five of the mem- This amendment will allow institu- The Acting CHAIR. The gentleman bers on each board are chosen by Con- tions that are designated as Hispanic- from New York (Mr. CROWLEY) has 11⁄2 gress, three by the Speaker of the Serving Institutions to have access to minutes remaining. House and two by the Senate majority grant programs with the National Mr. CROWLEY. Mr. Chairman, I leader. Science Foundation that they have yield 1 minute to the gentlewoman The purpose of my amendment is to been limited from participating in in from Texas (Ms. EDDIE BERNICE JOHN- ensure that the advisory boards have the past. SON). congressional representation, that we There are 47 institutions like this in Ms. EDDIE BERNICE JOHNSON of have people on there who work with the State of Texas, and more than a Texas. Mr. Chairman, let me thank the Congress. The legislative branch is a

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.070 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3452 CONGRESSIONAL RECORD — HOUSE May 20, 2015 coequal branch of government, and I would allow Republican—and only Re- Unless the belief is that the execu- believe that, as an institution, Con- publican—leaders of Congress to ap- tive branch wants to politicize it be- gress should more aggressively assert point one-third of these members. cause they get all the appointments, I itself as a coequal branch. This amendment is clearly meant to don’t know why they would think these This amendment has nothing to do politicize these advisory boards. While appointments would be politicizing it. with which party controls the legisla- the sponsor of this amendment is mes- It is just for informational purposes tive branch of government or which saging it as giving Congress a bigger and to make sure that everybody is party, for that matter, controls the ex- voice, that is just not accurate, asked heard at the table and that those ideas ecutive branch at any given time, nor for, or necessary. Congress already has are shared. does it ask for a majority of the mem- the biggest and final voice. We control Ms. EDDIE BERNICE JOHNSON of bers of these new boards to be congres- the Federal budget. Congress writes au- Texas. Will the gentleman yield? sionally appointed. thorization bills such as the one before Mr. GRIFFITH. I yield to the gentle- The amendment would simply ensure us today. We do not lack influence. woman. that the legislative branch is involved Let’s keep our scientific advisory Ms. EDDIE BERNICE JOHNSON of in these boards that it, the legislative boards free from political interference. Texas. I served in both the house and branch, is creating and that we are in- If we choose to ignore the advice from senate in Texas before coming here; I volved in the process of creating the re- our scientific advisory boards, as we believe strongly in input, but this very ports which both the legislative branch are doing with H.R. 1806, that is our bill and its structure has become so po- and executive branch will rely on to right. Congress doesn’t also have to put litical and so politically tainted in at- make important decisions for these its fingerprints directly on the advice tempting to manipulate what is going United States. itself. We know by what has been said on in our agencies, I just don’t trust If Congress deems an issue important today that we are trying to take over your amendment. enough to warrant an advisory board the responsibility on this bill that I am Mr. GRIFFITH. Reclaiming my time, that is included in a bill we are pass- against, so that is one way you can do I would say that I don’t know the gen- ing, it just makes sense that we also it. tlewoman’s concerns on this particular appoint a portion of that board’s mem- This amendment follows the under- bill. I do believe, as a Congress, we bership. lying attack on science in this bill, but ought to be working to make sure that I hope we will do that as we go for- this amendment goes further. It gives we have input on all of these advisory ward with many of our boards. I also Republican politicians a chance to di- committees, whether it is on this bill think it will facilitate more conversa- rectly influence the scientific process or any other bill. tion between the executive branch and in our country. Mr. Chairman, how much time do I the legislative branch as time goes for- I urge my colleagues to reject this have remaining? ward. amendment and the underlying bill, The Acting CHAIR. The gentleman Mr. Chairman, I reserve the balance and I yield back the balance of my from Virginia has 1 minute remaining. of my time. time. Mr. GRIFFITH. I yield 1 minute to Ms. EDDIE BERNICE JOHNSON of Mr. GRIFFITH. Mr. Chairman, I feel the gentleman from Texas (Mr. SMITH). Texas. Mr. Chairman, I claim the time so bad that the gentlewoman thinks Mr. SMITH of Texas. I thank the gen- in opposition to the amendment. this is politicizing this bill. That is the tleman from Virginia for yielding. The Acting CHAIR. The gentlewoman furthest thing from my intent. Mr. Chairman, I will be very brief. I is recognized for 5 minutes. I know the gentlewoman does not support the gentleman’s amendment Ms. EDDIE BERNICE JOHNSON of know me and she does not know that, that will ensure that Congress has Texas. Mr. Chairman, I yield myself for 17 years, I served in the Virginia input on the composition of the new such time as I may consume. House of Delegates. In Virginia, any boards and panels created in the bill, This amendment allows the Speaker time we created a board or policy advi- and I urge my colleagues to support of the House of Representatives and sory group like this, we generally had this amendment as well. the majority leader of the Senate to legislative members on there. Mr. GRIFFITH. Mr. Chairman, I appoint members to two scientific ad- What we found when we did that was yield back the balance of my time. visory boards created in the bill. This that, when an idea came from the ad- The Acting CHAIR. The question is amendment is the very definition of ministrative branch, whether it was of on the amendment offered by the gen- politicalizing science when we have the party that I was in or of a different tleman from Virginia (Mr. GRIFFITH). politicians choosing who sits on sci- party, we generally found that, by hav- The question was taken; and the Act- entific advisory boards. ing people that were familiar with both ing Chair announced that the ayes ap- While my colleagues across the aisle sides of the issue, but people who also peared to have it. suggest that this amendment ensures relied on and came to talk to us on a Ms. EDDIE BERNICE JOHNSON of accountability, in reality, it only en- regular basis in the legislature, we felt Texas. Mr. Chairman, I demand a re- sures the political meddling in science. more comfortable with those rec- corded vote. Unfortunately, this is consistent with ommendations that had been made. We The Acting CHAIR. Pursuant to many provisions in the underlying bill. understood better what the background clause 6 of rule XVIII, further pro- Scientific advisory boards provide ex- was. It made for better government. ceedings on the amendment offered by pert scientific advice and make rec- That is what this is intended to do. I the gentleman from Virginia will be ommendations on subject matter from didn’t ask for a majority. I didn’t say postponed. STEM education to energy research that Congress should have complete AMENDMENT NO. 7 OFFERED BY MR. KELLY OF and development. It is essential that control. It just says there ought to be PENNSYLVANIA advisory board members be qualified some members appointed by the Senate The Acting CHAIR. It is now in order and nonpolitical to provide non- and appointed by the House. It doesn’t to consider amendment No. 7 printed in partisan advice and give appropriate matter which party is in control of the part A of House Report 114–120. recommendations that are free of bias, House or Senate. Recently, that was di- Mr. KELLY of Pennsylvania. Mr. advice and recommendations based on vided. It doesn’t matter which party is Chairman, I have an amendment at the the best available evidence, and advice in the executive branch. desk. The Acting CHAIR. The Clerk will and recommendations that will further It just says this is a way to make designate the amendment. science in the country, not inhibit it. sure that when you think it is impor- The text of the amendment is as fol- In this amendment, the Speaker of tant enough—when Congress thinks it lows: the House would appoint three mem- is important enough to create an advi- bers, while the majority leader of the sory board—that we both have some Page 71, line 21, strike ‘‘$933,700,000’’ and insert ‘‘$938,700,000’’. Senate would appoint two additional members, both the House and Senate, Page 72, line 6, strike ‘‘$130,000,000’’ and in- members to this advisory board. on that advisory board to make sure sert ‘‘$135,000,000’’. Some of these advisory boards have that there is interaction with us, as Page 72, line 8, strike ‘‘$125,000,000’’ and in- only 15 members. This amendment well as with the executive branch. sert ‘‘$130,000,000’’.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.073 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3453 Page 72, line 19, strike ‘‘$933,700,000’’ and b 1700 Congress should be deciding authoriza- insert ‘‘$938,700,000’’. With the average small- and mid-size tion levels by determining what the Page 73, line 3, strike ‘‘$130,000,000’’ and in- program needs to accomplish its re- sert ‘‘$135,000,000’’. American manufacturing employee earning more than $77,000 a year in pay sponsibilities. Page 73, line 5, strike ‘‘$125,000,000’’ and in- Notwithstanding current Republican sert ‘‘$130,000,000’’. and benefits, these are exactly the protocols, authorization bills should Page 178, line 4, strike ‘‘$1,198,500,000’’ and types of jobs that policymakers need to insert ‘‘$1,193,500,000’’. be encouraging. And at a time when not have the same constraints as ap- propriation bills, including needing to The Acting CHAIR. Pursuant to our economy is starting to recover, the MEP’s work is crucial in helping Amer- offset any increases. This is a bizarre House Resolution 271, the gentleman approach to legislating. ica’s small manufacturers be stronger from Pennsylvania (Mr. KELLY) and a Because of the unnecessary cut to long-term competitors, both domesti- Member opposed each will control 5 EERE, I cannot support this amend- minutes. cally and internationally. ment, and I urge my colleagues on both In turn, this will allow them to cre- The Chair recognizes the gentleman sides of the aisle to reject the false no- ate good-paying, high-skilled jobs for from Pennsylvania. tion of needing to offset authoriza- America’s workers across the country. Mr. KELLY of Pennsylvania. Mr. tions. Chairman, my amendment increases A growing manufacturing sector in Mr. Chairman, I reserve the balance the authorized funding for the Manu- America means more well-paying jobs of my time. facturing Extension Partnership by $5 for low- to moderate-income American Mr. KELLY of Pennsylvania. Mr. million and it offsets it by decreasing families, reduced trade deficit and a ro- Chairman, I yield 30 seconds to the the authorized funding for the Office of bust economy, and a flourishing inno- gentleman from Texas (Mr. SMITH). Energy Efficiency and Renewable En- vation sector which can drive future Mr. SMITH of Texas. Mr. Chairman, I ergy by $5 million, for level funding. growth. thank the gentleman from Pennsyl- If our goal is to create and retain By supporting this amendment, Con- vania for yielding me this time. more American jobs, there is no better gress will be sending a clear signal to I just simply want to say that I be- program to fund that than the Manu- our small American manufacturers and lieve his amendment restores current facturing Extension Partnership. Ad- our job creators that they will con- funding levels for the Manufacturing ministered by the National Institute of tinue to play a vital role in the reinvig- Extension Partnership program at the Standards and Technology, with cen- oration of our economy. National Institute of Standards and ters in every single State, for every $1 MEP is currently appropriated at Technology while offsetting those of Federal investment, this public-pri- $130 million, and this amendment costs. It is a great amendment, and I vate partnership generates nearly $21 would simply ensure that this popular, urge my colleagues to support it. in new sales. As a result, this trans- bipartisan program continues to be au- Ms. EDDIE BERNICE JOHNSON of lates into $2.5 billion annually. For thorized at its current funding level. Texas. Mr. Chairman, I continue to re- Mr. Chairman, I reserve the balance every $2,001 of Federal investment, serve the balance of my time. of my time. Mr. KELLY of Pennsylvania. Mr. MEP creates or retains one American Ms. EDDIE BERNICE JOHNSON of Chairman, I would just remark that if manufacturing job. Texas. Mr. Chairman, I rise in opposi- we are really trying to create jobs, if The MEP programs provides our Na- tion to this amendment. we are really trying to boost our econ- tion’s nearly 350,000 small manufactur- The Acting CHAIR. The gentlewoman omy, if we are really trying to do all ers with services and access to re- is recognized for 5 minutes. these things, if we are really trying to sources that enhance growth, improve Ms. EDDIE BERNICE JOHNSON of help small manufacturers, I don’t productivity, and expand capacity. Texas. Mr. Chairman, I yield myself think that asking to transfer $15 mil- This program is a win-win for our hard- such time as I may consume. lion out of a $1 billion allotment is working American taxpayers. Few, if I strongly support the Manufacturing going to really have that much effect any, other Federal programs can claim Extension Partnership program, or the on that. such a good return on our taxpayers’ MEP, at NIST. Since its establishment This is not turning our back on some investment. in 1988, the MEP program has gen- of the issues that you have, but this is Considering this amendment author- erated billions of dollars in new sales; looking forward to the future and say- izes the program at $130 million that it has saved MEP clients billions of ing we have got to help these people helps small American manufacturers dollars; and it has helped create more move forward. directly and at a 50 percent cost share, than 700,000 jobs. This is not a government handout. this gives taxpayers more bang for However, I cannot support this This is not a free amount of money. their buck. amendment because it increases the This is a 50 percent match. There are The Office of Energy Efficiency and authorization for MEP by decreasing very few programs in our government Renewable Energy has a total budget the authorization for the Office of En- that require that. of over $1 billion, so moving $5 million ergy Efficiency and Renewable Energy This is something that just makes to this valuable program for small at the Department of Energy. EERE sense for America. It makes sense for businesses is simply good economic conducts important research on energy all those folks that I represent and you policy. efficiency and renewable energy tech- represent back home. This program is not a government nologies, including critical advance I have got to tell you something. handout. Instead, it requires small manufacturing initiatives. Back in Western Pennsylvania, where I manufacturers who partner with their Unfortunately, EERE has become a live, in Pennsylvania’s Third District, local MEP to have skin in the game favorite target for my friends on the every morning, moms and dads get up with a 50 percent cost share. That is other side of the aisle. The underlying and they throw their feet out over good for our taxpayers; it is good for bill cuts this office by almost 30 per- their bed and they go to work so that manufacturing sectors, and it is good cent, and this amendment would make they can put a roof over the head for for American jobs. that cut even larger. their children, food on their table, Since 1988, MEP has worked with I supported an amendment that clothes on their back, and a promise nearly 80,000 American manufacturers, would have increased MEP authoriza- for the future. leading to $88 billion in sales and 14 bil- tion to $141 million for fiscal year 2016, This is a small investment. All we lion in cost savings. It has helped cre- at the President’s request, without cut- are doing is keeping it at $130 million. ate more than 729,000 American jobs. ting EERE. But the amendment was And in a government that spends tril- Last year alone, MEP projects cre- not made in order. lions of dollars every year, I don’t ated or retained nearly 64,000 American I strongly believe in MEP and want know why we would quibble over $5 jobs, generated more than $6.7 billion to see this funding level increased. I million because it is going to help job in new and retained sales, and provided think it is important to note that this creation and job retention. It allows us cost savings of more than $1.1 billion to bill is an authorization bill, not an ap- to compete in a global market in a way small American manufacturers. propriations bill. In authorization bills, that we actually win.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.038 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3454 CONGRESSIONAL RECORD — HOUSE May 20, 2015 We don’t have to get political about entific tenet, the ability of the Depart- The Acting CHAIR. The gentleman is this. What I want to do is, I want to ment of Energy to replicate scientific recognized for 5 minutes. think about all the people we represent results. Mr. SMITH of Texas. Mr. Chairman, I and where those dollars go because Right now, the underlying bill man- yield as much time as he may consume every single dollar belongs to the dates the prioritization of certain sci- to the gentleman from Arkansas (Mr. American taxpayer. entific fields over others, and it termi- WESTERMAN), who is a member of the The Acting CHAIR. The gentleman is nates science initiatives that can vali- Science, Space, and Technology Com- reminded to address all of his remarks date or question the results of previous mittee. to the Chair and not to other Members scientific research. Mr. WESTERMAN. Mr. Chairman, I of the House. It is additionally unfortunate that in rise today in opposition to the gentle- Ms. EDDIE BERNICE JOHNSON of this formerly bipartisan bill, the ma- man’s amendment and in support of Texas. Mr. Chairman, I appreciate jority is again attempting to specifi- the underlying reforms included in those remarks. He is describing my cally target and terminate the valuable H.R. 1806, the America COMPETES Re- constituents as well. And if we had research programs of some of our Na- authorization Act of 2015. done as requested by the President, we tion’s brightest scientists if they study This amendment would remove im- would have left the authorization lev- climate change. I think this is short- portant measures that ensure greater els at the level he is trying to bring it sighted, I think it is irresponsible, and transparency for the Federal Govern- to, and it would not have taken away I believe it is wrong. ment’s climate science initiative and from the other part of the research In order to ensure America’s energy require accountability for the Office of that is needed so badly in the other security, we must understand the mul- Science to justify the value of related areas. tiplying risks to our energy infrastruc- work going forward. I do not oppose what he is trying to ture due to a changing climate. In The gentleman’s amendment would do. What I oppose is how he is trying to order to ensure America’s energy secu- also remove underlying language in the do it. And for that, I still oppose the rity, we must understand the lifecycle America COMPETES Act that would total amount because it is not treating impacts of the fuels we use. And in require the Government Account- the other program fairly. order to ensure America’s energy secu- ability Office to identify duplicative It is not that I oppose MEP. My con- rity, we must lead the world in devel- climate science initiatives across the stituents are no different than yours. oping clean renewable sources of en- entire Federal Government. All Members of Congress should sup- They get up every day to work hard ergy. port transparency in federally funded and need opportunities. I am sure For this vision to become a reality, research. It is our core responsibility many of yours get more opportunities the Department of Energy must sup- to provide oversight for Federal pro- than some of mine. And so I agree with port sound scientific processes that in- grams and make sure American tax- that totally. clude selecting the most meritorious I agreed with the President’s level of methods and questions that they wish payer dollars are being spent respon- recommendation of where he wants to to research and verifying those results sibly, not duplicating work that has al- take it. What I disagree with is he is through replication. ready been done. That said, the language in the Amer- taking it out of another area when it is H.R. 1806, as it is currently written, ica COMPETES Act does not ban any not necessary. specifically targets the climate change particular area of science but, instead, We are not appropriations. We are to research program in the Energy De- requires that DOE justify the science’s recommend authorizations. We can do partment and instructs the director to merit and provide greater transparency the authorization for his level without cease ‘‘those climate science-related if climate science work is intentionally taking away from an area they don’t initiatives that are identified as over- duplicated. like. lapping or duplicative.’’ This provision in the America COM- Mr. Chairman, I yield back the bal- A basic tenet of science is that you PETES Act is simply good governance ance of my time. have to reproduce scientific results. and is more important now than ever. The Acting CHAIR. Members are ad- You don’t run an experiment once and The Obama administration has vised to address their remarks to the go to the world and say, ‘‘It’s true. unapologetically pushed forward a po- Chair and not to each other. We’ve figured it out.’’ liticized climate agenda through the The question is on the amendment No—science requires separate and Federal Government, prioritizing cli- offered by the gentleman from Penn- independently verified results in order mate change research above all else. sylvania (Mr. KELLY). to draw conclusions. But now Congress Better transparency can help prevent The amendment was agreed to. is trying to legislate changes to the wasteful spending and prioritize the AMENDMENT NO. 8 OFFERED BY MR. LOWENTHAL scientific method, and I think that is a most valuable research. The Acting CHAIR. It is now in order shame. H.R. 1806 authorizes the Office of Science works best when multiple to consider amendment No. 8 printed in Science within the Department of En- groups and agencies collaborate to find part A of House Report 114–120. ergy to support basic research in the Mr. LOWENTHAL. Mr. Chair, I have answers to important questions. And physical sciences, including research an amendment at the desk. guess what? Congress has already cre- on Earth’s atmosphere. By including The Acting CHAIR. The Clerk will ated a way to coordinate among the 13 these good government measures, the designate the amendment. Federal agencies to ensure that each America COMPETES Act gives Con- The text of the amendment is as fol- agency is researching the causes and gress appropriate oversight, funds valu- lows: effects of global changes most relevant able research, but does not provide a Page 114, line 23, through page 115, line 18, to their missions. And it is called the blank check for the President’s climate strike subsections (b) through (d). U.S. Global Change Research Program. agenda. The Acting CHAIR. Pursuant to The proposed requirements in section This amendment would strike these House Resolution 271, the gentleman 505 of H.R. 1806 are really just an at- important accountability measures from California (Mr. LOWENTHAL) and a tempt to create more roadblocks to from the America COMPETES Act re- Member opposed each will control 5 studying climate change. search. For that reason, I oppose the minutes. My amendment preserves the sci- amendment and encourage my col- The Chair recognizes the gentleman entific integrity of the Office of leagues to do the same. from California. Science, the U.S. Global Change Re- Mr. LOWENTHAL. Mr. Chair, I yield search Program and, more impor- b 1715 myself such time as I may consume. tantly, the scientific process. Mr. LOWENTHAL. Mr. Chairman, My amendment would do two impor- I urge a ‘‘yes’’ vote on the Lowenthal could you tell me how much time I tant things. First, it would preserve amendment, and I reserve the balance have left. the Energy Department’s ability to se- of my time. The Acting CHAIR. The gentleman lect projects based on merit, and, sec- Mr. SMITH of Texas. Mr. Chairman, I from California has 11⁄2 minutes re- ond, it would preserve a very basic sci- claim the time in opposition. maining.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.076 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3455 Mr. LOWENTHAL. I yield 1 minute Mr. GRAYSON. Mr. Chair, I have an (d) HUB OPERATIONS.— to the gentlewoman from Texas (Ms. amendment at the desk. (1) IN GENERAL.—Each Hub shall conduct or EDDIE BERNICE JOHNSON). The Acting CHAIR. The Clerk will provide for multidisciplinary, collaborative Ms. EDDIE BERNICE JOHNSON of designate the amendment. research, development, and demonstration of Texas. I thank the gentleman for yield- advanced energy technologies within the The text of the amendment is as fol- technology development focus designated ing. lows: under subsection (a)(2). Each Hub shall— Mr. Chairman, it is not surprising Page 133, before line 19, insert the fol- (A) encourage collaboration and commu- that the Biological and Environmental lowing new section: nication among the member qualifying enti- Research program at DOE is targeted SEC. 604. ENERGY INNOVATION HUBS. ties of the consortium and awardees by con- with harmful provisions in this bill. It (a) AUTHORIZATION OF PROGRAM.— ducting activities whenever practicable at is targeted because the program is a (1) IN GENERAL.—The Secretary of Energy one centralized location; leader in advancing our understanding shall carry out a program to enhance the Na- (B) develop and publish on the Department of the causes and impacts of climate tion’s economic, environmental, and energy of Energy’s website proposed plans and pro- change. security by making awards to consortia for grams; Hiding our heads in the sand will not establishing and operating Energy Innova- (C) submit an annual report to the Sec- tion Hubs to conduct and support, whenever retary summarizing the Hub’s activities, in- solve anything, and it certainly won’t cluding detailing organizational expendi- stop the Earth from warming. Allowing practicable at one centralized location, mul- tidisciplinary, collaborative research, devel- tures, and describing each project under- partisan politics to skew the scientific opment, and demonstration of advanced en- taken by the Hub; and understanding of climate change is ergy technologies. (D) monitor project implementation and cynical and shortsighted. (2) TECHNOLOGY DEVELOPMENT FOCUS.—The coordination. It is especially cynical considering Secretary shall designate for each Hub a (2) CONFLICTS OF INTEREST.— that in the majority’s own bill, they unique advanced energy technology focus. (A) PROCEDURES.—Hubs shall maintain state that climate change is happening. (3) COORDINATION.—The Secretary shall en- conflict of interest procedures, consistent They just had to take the statement sure the coordination of, and avoid unneces- with those of the Department of Energy, to sary duplication of, the activities of Hubs ensure that employees and consortia des- out that it is caused by human beings. ignees for Hub activities who are in decision- The gentleman from California’s with those of other Department of Energy research entities, including the National making capacities disclose all material con- amendment would simply strike those Laboratories, the Advanced Research flicts of interest, and avoid such conflicts. harmful provisions so that scientists Projects Agency-Energy, Energy Frontier (B) DISQUALIFICATION AND REVOCATION.— supported by BER can continue their Research Centers, and within industry. The Secretary may disqualify an application important work without political in- (b) CONSORTIA.— or revoke funds distributed to a Hub if the terference. (1) ELIGIBILITY.—To be eligible to receive Secretary discovers a failure to comply with I urge my colleagues to support this an award under this section for the estab- conflict of interest procedures established important amendment. lishment and operation of a Hub, a consor- under subparagraph (A). Mr. SMITH of Texas. Mr. Chairman, I tium shall— (3) PROHIBITION ON CONSTRUCTION.— (A) IN GENERAL.—No funds provided pursu- am prepared to close, so I reserve the (A) be composed of no fewer than 2 quali- fying entities; and ant to this section may be used for construc- balance of my time. tion of new buildings or facilities for Hubs. Mr. LOWENTHAL. Mr. Chair, I re- (B) operate subject to an agreement en- tered into by its members that documents— Construction of new buildings or facilities peat: duplication is good science. Let (i) the proposed partnership agreement, in- shall not be considered as part of the non- me repeat that: duplication is good cluding the governance and management Federal share of a Hub cost-sharing agree- science. structure of the Hub; ment. I urge a ‘‘yes’’ vote on the Lowenthal (ii) measures to enable cost-effective im- (B) TEST BED AND RENOVATION EXCEPTION.— amendment to maintain the Depart- plementation of the program under this sec- Nothing in this subsection shall prohibit the ment of Energy’s ability to select sci- tion; use of funds provided pursuant to this sec- entific projects based upon scientific (iii) a proposed budget, including financial tion, or non-Federal cost share funds, for re- contributions from non-Federal sources; search or for the construction of a test bed merit, that support the mission of the or renovations to existing buildings or facili- Department of Energy and the broader (iv) a plan for managing intellectual prop- erty rights; and ties for the purposes of research if the Sec- energy security of our country. (v) an accounting structure that enables retary determines that the test bed or ren- I yield back the balance of my time. the Secretary to ensure that the consortium ovations are limited to a scope and scale Mr. SMITH of Texas. Mr. Chairman, has complied with the requirements of this necessary for the research to be conducted. this amendment would strike good gov- section. (e) TERMINATION.—Consistent with the ex- ernment accountability measures with- (2) APPLICATION.—A consortium seeking to isting authorities of the Department, the in the COMPETES bill that require establish and operate a Hub under this sec- Secretary may terminate an underper- DOE’s Office of Science to prioritize bi- tion, acting through a prime applicant, shall forming Hub for cause during the perform- ological systems and genomic science. transmit to the Secretary an application at ance period. It would also strike reforms included in such time, in such form, and accompanied by (f) DEFINITIONS.—For purposes of this sec- such information as the Secretary shall re- tion: the America COMPETES Act that pre- quire, including a detailed description of the (1) ADVANCED ENERGY TECHNOLOGY.—The vent duplication of research, which elements of the consortium agreement re- term ‘‘advanced energy technology’’ means— saves taxpayer dollars. quired under paragraph (1)(B). If the consor- (A) an innovative technology— I encourage Members to oppose the tium members will not be located at one cen- (i) that produces energy from solar, wind, amendment, and I yield back the bal- tralized location, such application shall in- geothermal, biomass, tidal, wave, ocean, or ance of my time. clude a communications plan that ensures other renewable energy resources; The Acting CHAIR. The question is close coordination and integration of the (ii) that produces nuclear energy; on the amendment offered by the gen- Hub’s activities. (iii) for carbon capture and sequestration; tleman from California (Mr. (c) SELECTION AND SCHEDULE.—The Sec- (iv) that enables advanced vehicles, vehicle retary shall select consortia for awards for components, and related technologies that LOWENTHAL). The question was taken; and the Act- the establishment and operation of Hubs result in significant energy savings; through competitive selection processes. In (v) that generates, transmits, distributes, ing Chair announced that the noes ap- selecting consortia, the Secretary shall con- utilizes, or stores energy more efficiently peared to have it. sider the information a consortium must dis- than conventional technologies, including Mr. LOWENTHAL. Mr. Chair, I de- close according to subsection (b), as well as through Smart Grid technologies; or mand a recorded vote. any existing facilities a consortium will pro- (vi) that enhances the energy independence The Acting CHAIR. Pursuant to vide for Hub activities. Awards made to a and security of the United States by ena- clause 6 of rule XVIII, further pro- Hub shall be for a period not to exceed 5 bling improved or expanded supply and pro- ceedings on the amendment offered by years, subject to the availability of appro- duction of domestic energy resources, in- the gentleman from California will be priations, after which the award may be re- cluding coal, oil, and natural gas; postponed. newed, subject to a rigorous merit review. A (B) research, development, and demonstra- Hub already in existence on the date of en- tion activities necessary to ensure the long- AMENDMENT NO. 9 OFFERED BY MR. GRAYSON actment of this Act may continue to receive term, secure, and sustainable supply of en- The Acting CHAIR. It is now in order support for a period of 5 years, subject to the ergy critical elements; or to consider amendment No. 9 printed in availability of appropriations, beginning on (C) another innovative energy technology part A of House Report 114–120. the date of establishment of that Hub. area identified by the Secretary.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.079 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3456 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (2) HUB.—The term ‘‘Hub’’ means an En- address critical challenges in energy ity to produce 100 million gallons of ergy Innovation Hub established or oper- technology. fuel for military ships and planes while ating in accordance with this section, includ- Currently, DOE operates four hubs, reducing their greenhouse gas emis- ing any Energy Innovation Hub existing as which all focus on the critical energy sions by 50 percent compared to con- of the date of enactment of this Act. issues. They include the Consortium (3) QUALIFYING ENTITY.—The term ‘‘quali- ventional fuels. fying entity’’ means— for Advanced Simulation of Light Our military and Nation are faced (A) an institution of higher education; Water Reactors, which uses high per- with a growing global demand for en- (B) an appropriate State or Federal entity, formance computation modeling to ergy. We need to have a greater empha- including the Department of Energy Feder- simulate and improve reactors. And it sis on renewable energy and energy-ef- ally Funded Research and Development Cen- includes the Joint Center for Energy ficient technologies. Yet, without any ters; Storage Research, which focuses on de- apparent logic, this bill would prohibit (C) a nongovernmental organization with veloping the next generation of battery the Department of Energy—the lead expertise in advanced energy technology re- agency with deep, technical expertise search, development, demonstration, or com- technologies. mercial application; or My thanks go to the gentleman from in this area—from partnering with the (D) any other relevant entity the Sec- Florida (Mr. GRAYSON), a very active Department of Defense to develop retary considers appropriate. and alert member of the Science, biofuels. The Acting CHAIR. Pursuant to Space, and Technology Committee, for The amendment that I am offering House Resolution 271, the gentleman offering this amendment and for work- strikes this prohibition and would from Florida (Mr. GRAYSON) and a ing with us to develop this bipartisan allow the Departments of Energy and Member opposed each will control 5 amendment. I encourage Members to Defense to continue their efforts to minutes. support it. learn from each other’s expertise. The Chair recognizes the gentleman I reserve the balance of my time. Mr. Chairman, I will introduce into from Florida. Mr. GRAYSON. I yield back the bal- the RECORD a letter opposing the prohi- Mr. GRAYSON. Mr. Chair, this ance of my time. bition from the Truman National Secu- amendment seeks to authorize the En- Mr. SMITH of Texas. I yield back the rity Project, where they note—these ergy Innovation Hubs program within balance of my time. are retired military—that 4 years of the Department of Energy. The Acting CHAIR. The question is partnership between the Departments I would like to thank Chairman on the amendment offered by the gen- of Defense, Energy, and Agriculture SMITH and his staff for working with tleman from Florida (Mr. GRAYSON). have seen impressive progress in the me to craft this amendment. Because I The amendment was agreed to. development of advanced drop-in know that the chairman supports the AMENDMENT NO. 10 OFFERED BY MS. BONAMICI biofuels that will allow the military to amendment, I will keep my remarks The Acting CHAIR. It is now in order turn away from an outdated fuel brief. to consider amendment No. 10 printed source. Members of the military from Energy Innovation Hubs are collabo- in part A of House Report 114–120. every rank and service have spoken out rative research centers that bring to- Ms. BONAMICI. Mr. Chairman, I have in favor of the continued investment in gether teams of scientists and engi- an amendment at the desk. biofuels for the reasons of cost and ca- neers from academia, industry, and na- The Acting CHAIR. The Clerk will pability. tional laboratories in order to accel- designate the amendment. OPERATION FREE, erate scientific discoveries that ad- The text of the amendment is as fol- April 21, 2015. dress critical energy issues. They were lows: Hon. LAMAR SMITH, created in 2010 and have received al- Page 162, lines 3 through 5, strike sub- Hon. EDDIE BERNICE JOHNSON, section (d). House Committee on Science, Space, and Tech- most $500 million in funding already. nology, Washington, DC. The four hubs currently focus on ev- The Acting CHAIR. Pursuant to DEAR CHAIRMAN SMITH AND RANKING MEM- erything from improving nuclear reac- House Resolution 271, the gentlewoman BER JOHNSON: The American military is the tors through computer-based modeling from Oregon (Ms. BONAMICI) and a greatest fighting force the world has ever to improving battery technology for Member opposed each will control 5 seen. The United States Congress has the transportation and the grid. minutes. critical responsibility of empowering our The amendment before us would not The Chair recognizes the gentle- military leaders by equipping that force with only authorize this important research woman from Oregon. the tools they need to engage effectively in Ms. BONAMICI. Mr. Chairman, I a world of ever-increasing security threats. but would also provide critical guide- Accordingly, we urge you to withdraw the lines and accountability measures for yield myself such time as I may con- America COMPETES Reauthorization Act of the program. sume. 2015, which would bar the Department of En- A rigorous merits-based renewal Mr. Chairman, I rise today to address ergy from continuing a four-year collabora- process would be implemented. The an issue of national security. tion with the Departments of Defense and Secretary would be empowered to ter- The Department of Defense is the Agriculture to develop cost-effective ad- minate underperforming hubs at any world’s largest institutional consumer vanced biofuels. time, and funds would be prohibited of fuel. As a result, the volatility of oil Time and again throughout our history, prices directly affects military readi- the military has chosen to innovate towards from being used for the purpose of con- new solutions. While the advances resulting structing buildings so that every tax- ness. Every $10 increase on a barrel of from these efforts have often benefited our payer dollar goes toward the research oil costs the Department of Defense an nation as a whole, they are undertaken not for which it is intended. additional $1.3 billion a year. for the sake of novelty or adventure but to Again, I thank the gentleman from To reduce our military’s and our Na- fill a key operational or tactical need. Ad- Texas, Chairman SMITH, for his help tion’s dependence on a single source of vanced biofuels fills such a need: Reducing and guidance in developing this amend- fuel, the Departments of Defense, En- the dangerous dependence of the U.S. mili- ment. I urge my colleagues to support ergy, and Agriculture have been work- tary on fossil fuels. ing closely over the past 4 years with The Department of Defense is the world’s it. largest institutional consumer of fuel. With I reserve the balance of my time. the private sector to scale up an ad- approximately $15 billion per year budgeted Mr. SMITH of Texas. Mr. Chairman, I vanced ‘‘drop-in’’ biofuel production simply to maintain freedom of movement, claim the time in opposition to the capability. the U.S. military is dangerously sensitive to amendment, though I do not oppose the One of those projects is in Lakeview, the volatility of oil prices; a $10 change in amendment. Oregon, where a forest biomass plant the price per barrel of crude oil leaves the The Acting CHAIR. The gentleman is will produce fuel for the U.S. Navy and Department of Defense with a $1.3 billion recognized for 5 minutes. Marines. It is one of three companies shortfall and sees increased profits to coun- Mr. SMITH of Texas. Mr. Chairman, selected by the Departments of De- tries who oppose our interests around the this amendment would authorize the fense, Energy, and Agriculture to world. And because oil is priced in a global market, no amount of domestic production Department of Energy Innovation produce cost-competitive drop-in mili- can insulate the military from these effects. Hubs. These integrated research plat- tary biofuels. Once at scale, these bio- We have learned firsthand that oil truly is forms conduct fundamental research to refineries will have a combined capac- the Achilles’ heel of our military. With most

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.040 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3457 of the world’s oil traveling through two or ployment and commercialization of re- collaborative work with the Depart- three major chokepoints, the military must newable and energy efficient tech- ment of Defense to produce biofuels for allocate significant manpower and resources nologies instead of research and devel- the military. to keeping those sea lanes open and secure. opment. The Department of Defense is the Moreover, as the military transitions from single largest institutional consumer large-scale land engagements in the Middle The DOE’s ongoing effort to fund East and towards a broader engagement in commercial-scale biofuels production of fuel in the world, and this is all the Asia-Pacific, the costs and logistical for military purposes in cooperation about saving money because our mili- challenges associated with moving fuel over with the Department of Defense and tary spends about $20 billion a year on thousands of miles of ocean will only in- USDA is just one example. energy, $16 billion of which goes to oil crease. Redirecting funds from biofuels R&D fuels. The threat of oil dependence along with is part of a broader problem. Depart- As we have seen in recent years, the need for energy security isn’t going away ment of Energy research and develop- global oil markets are volatile. And de- any time soon. And we shouldn’t impede ment programs should be focused on spite massive production increases in progress of alternatives that are moving for- the United States, according to the En- ward now. Four years of partnership between science, not creating a market for cer- the Departments of Defense, Energy, and Ag- tain types of fuels. The DOE should ergy Information Administration, last riculture have seen impressive progress in focus on a new idea for the market, not year, our net imports of petroleum the development of advanced, ‘‘drop in’’ a market for the new idea. were 5 million barrels per day, with our biofuels that will allow the military to turn The Department of Defense spends top five suppliers being Canada, Saudi away from an outdated fuel source. Top line billions annually on fuel costs, billions. Arabia, Mexico, Venezuela, and Iraq. military platforms as diverse as the super- When viable biofuels technology is able That reliance on a volatile, foreign- sonic F/A–18 ‘‘Green Hornet,’’ the Air Force’s to compete with conventional fuels— produced source of fuel puts our na- F16 fighter jets, the MH–60S Seahawk heli- tional security at risk, particularly copter, the AV–8B Harrier, the Fire Scout trust me—the private sector can and unmanned vehicle, the Riverine Command will develop commercial-scale biofuels when we face dynamic, new threats Boat (RCB-X) and the frigate USS Ford have production to meet demand. It is just from nonstate actors such as ISIS, al all operated at full capacity and with no that simple, Mr. Chairman. Qaeda, or individual terrorists who can averse side effects using American-made And despite significant Federal pro- disrupt oil production and supply lines biofuels. grams to support the use of biofuels, a in new and intimidating ways. Members of the military from every rank recent GAO, Government Account- The constraints of depending so heav- and service have spoken out in favor of the ability Office, study concluded that the ily on a single source of fuel also puts continued investment in biofuels for reasons our readiness at risk, a problem that of cost and capabilities alike. These voices, long-term viability of alternative fuels rather than political leanings or parochial is dependent on market factors, not will only increase as we are forced to interests, must steer national security pol- Federal funds or mandates. That same respond to international incidents icy. Accordingly, we urge you to withdraw study reported that the Department of across the globe at a moment’s notice the America COMPETES Reauthorization Defense paid $150 per gallon for 1,500 and as our military makes its strategic Act of 2015 and to ensure that the U.S. mili- gallons of alternative jet fuel derived pivot toward the vast Pacific Ocean. tary is free to pursue the fuel sources its from algal oil. Taxpayers should be Instead of standing idly by and wait- leaders deign necessary for maximum oper- outraged. ing for a fuel-supply crisis that would ational and tactical success. endanger our ability to confront those Respectfully, The other side may be, in fact, pro- wanting to harm our country, the De- MICHAEL BREEN, moting their global warming theory Executive Director, because when taxpayers find out about partments of Defense, Energy, and Ag- Truman National Se- this kind of waste, there are going to riculture have been working with pri- curity Project Army be a lot of them hot under the collar. vate sector innovators to develop re- Captain (Fmr.). The Department of Energy should newable biofuels that could be used by RADM LEENDERT ‘‘LEN’’ focus on research and development, not planes, tactical vehicles, and ships. HERING, The Navy already has innovative USN (Ret.). commercial biofuels production. This limitation is consistent with the broad- partnerships with algae producers and LT GEN NORMAN SEIP, their high-skilled workers in my dis- USAF (Ret.). er goals of the America COMPETES trict in San Diego. Ms. BONAMICI. I urge adoption of Reauthorization Act, which prioritizes research and development in all R&D Congress should be laying the the amendment, and I reserve the bal- groundwork for more strategic public- ance of my time. program areas while cutting spending on deployment and commercialization. private partnerships to develop like Mr. SMITH of Texas. Mr. Chairman, I those in San Diego, not mandating claim the time in opposition to the I am aghast, Mr. Chairman, that the other side somehow thinks Congress that they cannot exist. amendment. The military is not pursuing this fuel shouldn’t be paying attention to the The Acting CHAIR. The gentleman is supply diversity because they are tree- way taxpayer dollars are spent. recognized for 5 minutes. hugging environmentalists but because For these reasons, I encourage my Mr. SMITH of Texas. I yield 4 min- it is a national security imperative. colleagues to vote ‘‘no’’ on this amend- utes to the gentleman from Texas (Mr. Foolishly, today’s COMPETES Act ment. WEBER), who is the chairman of the En- would bar the Department of Defense Ms. BONAMICI. Mr. Chair, may I ergy Subcommittee of the Science, from working with the Department of please inquire as to the amount of time Space, and Technology Committee. Energy on developing biofuels. Why remaining. Mr. WEBER of Texas. I thank the would we undercut an effort that our The Acting CHAIR. The gentlewoman gentleman from Texas for yielding to military commanders are for and say from Oregon has 21⁄2 minutes remain- me. will save lives? Mr. Chair, I rise today in opposition ing. to the gentlewoman’s amendment and Ms. BONAMICI. I yield 2 minutes to b 1730 in support of the underlying reforms the gentleman from California (Mr. Mr. SMITH of Texas. Mr. Chairman, I included in H.R. 1806, the America PETERS), a member of the Science, reserve the balance of my time. COMPETES Reauthorization Act of Space, and Technology Committee. Ms. BONAMICI. Mr. Chairman, I 2015. Mr. PETERS. I thank the gentle- yield 30 seconds to the gentleman from This amendment would remove a woman for yielding. Virginia (Mr. BEYER), a member of the limitation included in the underlying Mr. Chairman, I rise as a cosponsor Science, Space, and Technology Com- bill that prevents the Department of of this amendment, and I am glad to be mittee. Energy from using funding authorized working with Congresswoman Mr. BEYER. Mr. Chairman, I thank for the EERE Biofuels program to con- BONAMICI and my colleague on the my dear friend, Ms. BONAMICI, for yield- duct commercial production of biofuels Armed Services Committee, Ranking ing and for her leadership on this im- for defense purposes. Member ADAM SMITH. portant issue. The fact is that EERE already spends Our amendment simply allows the Mr. Chair, I rise in strong support of too much of their current budget on de- Department of Energy to continue its this commonsense amendment to allow

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.045 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3458 CONGRESSIONAL RECORD — HOUSE May 20, 2015 the Department of Energy and the De- The goals of ARPA-E shall be reductions of removes restrictions that allow the ad- partment of Defense to continue work- imports of energy from foreign sources; re- ministration to play favorites in the ing together to develop biofuel options ductions of energy-related emissions, includ- energy sector. However, this amend- for our Nation’s military. ing greenhouses gases; and improvement in ment would strike the language which the energy efficiency of all economic sectors. DOD’s reliance on a single source of expands the ARPA-E project eligi- fuel deepens dependence on foreign oil, These are the three goals which have bility. As a result, this amendment threatens our national security, and been removed from the current bill. would then limit innovative research contributes significantly to spending. Global carbon dioxide concentrations and development. Why would we not want the Depart- have risen more than 120 parts per mil- With all of the national security ment of Energy with their deep tech- lion since preindustrial times, half of challenges we face today, from ter- nical expertise in this area to assist that arrived just since 1980. The burn- rorism, to cybersecurity breaches, to DOD to create alternatives for petro- ing of coal, oil, and natural gas is driv- our skyrocketing national debt, we leum-based fuels? It makes no sense, ing the acceleration of greenhouse gas should focus our attention on broad- and I urge my colleagues’ support. concentrations in our atmosphere. Just ening our energy base and achieving Ms. BONAMICI. Mr. Chairman, I 2 weeks ago, NOAA reported that the energy independence, not limiting our- yield back the balance of my time. monthly global average of concentra- selves to one small area of environ- Mr. SMITH of Texas. Mr. Chairman, tion of carbon dioxide has surpassed 400 mental science. I believe we must in closing, the gentlewoman’s amend- parts per million. The last time this adopt an all-of-the-above energy strat- ment would remove an important limi- happened was over 1 million years ago. egy that improves our energy security tation from the underlying bill that We must look to develop alternative and emphasizes all energy opportuni- prevents the Department of Energy energy sources that will reduce man- ties, including those which reduce from spending research dollars to fund made emissions. ARPA-E is a unique greenhouse gases. commercial-scale biofuels development agency that can help us with this mis- Congress should not put in place ar- for defense purposes. DOE should focus sion. Since 2009, it has funded over 400 bitrary limits on innovation that will on innovative research and develop- potentially transformational energy prevent groundbreaking technologies ment, not commercial production of technology projects. A number of these from across the energy sector from par- any particular form of energy. projects have spurred follow-on private ticipating in ARPA-E programs. I urge For those reasons, Mr. Chairman, I sector funding, and a number of ARPA- my colleagues to oppose this amend- encourage Members to oppose this E awardees have formed startup com- ment. amendment, and I yield back the bal- panies or partnered with other parts of Mr. BEYER. Mr. Chair, I yield 1 ance of my time. the government and industry to ad- minute to the gentlewoman from Texas The Acting CHAIR. The question is vance their technologies. (Ms. EDDIE BERNICE JOHNSON), the on the amendment offered by the gen- Reducing energy-related emissions, ranking member of the Science, Space, tlewoman from Oregon (Ms. BONAMICI). including greenhouse gases, is an im- and Technology Committee. The question was taken; and the Act- portant component to our Nation’s eco- Ms. EDDIE BERNICE JOHNSON of ing Chair announced that the noes ap- nomic and energy security. Therefore, Texas. Mr. Chairman, I thank the gen- peared to have it. Mr. Chairman, I urge my colleagues to tleman for yielding. Ms. BONAMICI. Mr. Chairman, I de- support our amendment to reinstate Mr. Chairman, it is deeply troubling mand a recorded vote. these three goals for ARPA-E, and I re- to me that this amendment had to be The Acting CHAIR. Pursuant to serve the balance of my time. offered. This amendment fixes a provi- clause 6 of rule XVIII, further pro- Mr. SMITH of Texas. Mr. Chairman, I sion in this bill that strips away a ceedings on the amendment offered by rise in opposition to the amendment. foundational component of the ARPA- the gentlewoman from Oregon will be The Acting CHAIR. The gentleman is E program. postponed. recognized for 5 minutes. As virtually every preeminent cli- AMENDMENT NO. 11 OFFERED BY MR. BEYER Mr. SMITH of Texas. Mr. Chairman, I matologist in the world agrees, green- The Acting CHAIR. It is now in order yield such time as he may consume to house gas emissions are growing so to consider amendment No. 11 printed the gentleman from Georgia (Mr. rapidly and are a growing threat to our in part A of House Report 114–120. LOUDERMILK), who is also the chairman way of life. Why wouldn’t we want one Mr. BEYER. Mr. Chairman, I have an of the Oversight Subcommittee of the of the most innovative agencies to de- amendment at the desk for Mr. Science, Space, and Technology Com- velop technologies that could address DESAULNIER and myself. mittee. this critical issue? The Acting CHAIR. The Clerk will Mr. LOUDERMILK. Mr. Chairman, I ARPA-E has made good funding designate the amendment. rise to oppose this amendment to H.R. choices supporting valuable research, The text of the amendment is as fol- 1806 because I support research that as proven by its impressive track lows: will enhance both the economic secu- record of successful projects since it Page 174, lines 18 through 24, strike para- rity and the energy security of the was first authorized. I certainly see no graph (1). United States. value in changing something that no The Acting CHAIR. Pursuant to The original America COMPETES serious energy policy analyst believes House Resolution 271, the gentleman Act, which established the Advanced is broken. from Virginia (Mr. BEYER) and a Mem- Research Projects Agency within the Mr. DESAULNIER’s and Mr. BEYER’s ber opposed each will control 5 min- Department of Energy, ARPA-E, re- amendment sets this clearly misguided utes. quired the agency to only pursue provision aside. I enthusiastically sup- The Chair recognizes the gentleman projects that reduce greenhouse gases. port it and urge my colleagues to do so from Virginia. The bill before us today, the America as well. Mr. BEYER. Mr. Chairman, I yield COMPETES Reauthorization Act, al- Mr. SMITH of Texas. Mr. Chairman, I myself such time as I may consume. lows any advanced energy technology reserve the balance of my time. Mr. Chairman, I am proud to speak in that could enhance U.S. economic and Mr. BEYER. Mr. Chairman, I yield support of our amendment, which energy security to compete for ARPA- myself such time as I may consume. would restore the ARPA-E goal of de- E funding. This levels the playing field Mr. Chairman, I listened with great veloping energy technologies that re- and ensures that ARPA-E funds re- interest to the rebuttal of the alter- sult in reductions in energy-related search with the greatest potential to native argument from my friend, Mr. emissions, including greenhouse gases. have a positive impact on the Amer- LOUDERMILK, and I found myself agree- I believe this is an important and ur- ican economy. ing with almost everything that he gent area of research and that it should The COMPETES Act provides a bal- said, but misunderstanding why retain- remain explicitly stated in the statute anced approach to ARPA-E by ing these three goals somehow played as a goal for ARPA-E. reprioritizing funding towards innova- favorites, how they created arbitrary When I look at the existing statute, tive projects that are truly in need of limits on innovation, and how they op- it says: Federal research dollars. The bill also posed efforts to find our economic and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.085 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3459 energy security. The purpose of the Sec. 106. Scientific and technical con- Sec. 322. Models for graduate student sup- amendment is to recognize that reduc- ferences. port. ing dependence on foreign oil, that try- Subtitle B—Reauthorization of the National Sec. 323. Undergraduate STEM education re- ing to find ways to limit greenhouse Nanotechnology Initiative form. Sec. 111. Short title. Sec. 324. Advanced manufacturing edu- gases, and improving the energy effi- cation. ciency of all economic sectors are wor- Sec. 112. National Nanotechnology Program amendments. Sec. 325. STEM education partnerships. thy goals. Sec. 113. Societal dimensions of nanotech- Sec. 326. Noyce scholarship program amend- Perhaps what we need to do is add a nology. ments. fourth one, which I would be happy to Sec. 114. Nanotechnology education. Sec. 327. Informal STEM education. place first if the chairman would agree, Sec. 115. Technology transfer. Sec. 328. Research and development to sup- that says the goals will be, first, to de- Sec. 116. Signature initiatives in areas of na- port improved K–12 learning. velop any breakthroughs in innovation tional importance. TITLE IV—NATIONAL INSTITUTE OF Sec. 117. Nanomanufacturing research. STANDARDS AND TECHNOLOGY that help the economic and energy se- Sec. 118. Definitions. Sec. 401. Short title. curity of the Nation so that there is no Subtitle C—Engineering Biology playing of favorites and there are no Sec. 402. Authorization of appropriations. Sec. 121. Short title. Sec. 403. Hollings Manufacturing Extension arbitrary limitations. If we could work Sec. 122. Findings. Partnership. that out, that would be great. Other- Sec. 123. Definitions. Sec. 404. National Academies review. wise, Mr. Chairman, I urge my col- Sec. 124. National Engineering Biology Re- Sec. 405. Improving NIST collaboration with leagues to support the amendment as search and Development Pro- other agencies. offered, and I yield back the balance of gram. Sec. 406. Miscellaneous provisions. Sec. 125. Advisory Committee. my time. Sec. 126. External review of ethical, legal, TITLE V—INNOVATION Mr. SMITH of Texas. Mr. Chairman, environmental, and societal Sec. 501. Office of Innovation and Entrepre- the gentleman’s amendment would re- issues. neurship. move key policy reforms to ARPA-E Sec. 127. Agency activities. Sec. 502. Federal loan guarantees for innova- from the COMPETES bill and instead TITLE II—STEM EDUCATION AND tive technologies in manufac- place limitations on the research and DIVERSITY turing. development conducted at ARPA-E. Subtitle A—STEM Education and Workforce Sec. 503. Innovation voucher pilot program. Sec. 504. Federal Acceleration of State Federally funded research should in- Sec. 201. Sense of Congress. Technology Commercialization Sec. 202. Coordination of Federal STEM edu- clude innovative technologies for all Pilot Program. cation. forms of energy, not just the Presi- TITLE VI—DEPARTMENT OF ENERGY dent’s personal preferences. So I en- Sec. 203. Grand challenges in education re- search. Subtitle A—Office of Science courage Members to oppose the amend- Sec. 204. National Research Council report ment. Sec. 601. Short title. on STEAM education. Sec. 602. Definitions. I yield back the balance of my time. Sec. 205. Engaging Federal scientists and en- Sec. 603. Mission of the Office of Science. The Acting CHAIR. The question is gineers in STEM education. Sec. 604. Basic energy sciences program. on the amendment offered by the gen- Subtitle B—Broadening Participation in Sec. 605. Biological and environmental re- tleman from Virginia (Mr. BEYER). STEM search. The question was taken; and the Act- Sec. 211. Short title. Sec. 606. Advanced scientific computing re- ing Chair announced that the noes ap- Sec. 212. Purpose. search program. peared to have it. Sec. 213. Federal science agency policies for Sec. 607. Fusion energy research. Mr. BEYER. Mr. Chairman, I demand caregivers. Sec. 608. High energy physics program. Sec. 214. Collection and reporting of data on Sec. 609. Nuclear physics program. a recorded vote. Federal research grants. The Acting CHAIR. Pursuant to Sec. 610. Science laboratories infrastructure Sec. 215. Policies for review of Federal re- program. clause 6 of rule XVIII, further pro- search grants. Sec. 611. Authorization of appropriations. ceedings on the amendment offered by Sec. 216. Collection of data on demographics Subtitle B—ARPA–E the gentleman from Virginia will be of faculty. postponed. Sec. 217. Cultural and institutional barriers Sec. 621. Short title. to expanding the academic and Sec. 622. ARPA–E amendments. AMENDMENT NO. 12 OFFERED BY MS. EDDIE Federal STEM workforce. Subtitle C—Energy Innovation BERNICE JOHNSON OF TEXAS Sec. 218. Research and dissemination at the The Acting CHAIR. It is now in order Sec. 641. Energy Innovation Hubs. National Science Foundation. Sec. 642. Participation in the Innovation to consider amendment No. 12 printed Sec. 219. Report to Congress. Corps program. Sec. 220. National Science Foundation sup- in part A of House Report 114–120. Sec. 643. Technology transfer. port for increasing diversity Ms. EDDIE BERNICE JOHNSON of Sec. 644. Funding competitiveness for insti- among STEM faculty at insti- Texas. Mr. Chairman, I have an amend- tutions of higher education and tutions of higher education. other nonprofit institutions. ment at the desk. Sec. 221. National Science Foundation sup- Sec. 645. Under Secretary for Science and The Acting CHAIR. The Clerk will port for broadening participa- Energy. designate the amendment. tion in undergraduate STEM Sec. 646. Special hiring authority for sci- The text of the amendment is as fol- education. lows: Sec. 222. Definitions. entific, engineering, and project management personnel. Strike all after the enacting clause and in- TITLE III—NATIONAL SCIENCE sert the following: FOUNDATION TITLE I—OSTP; GOVERNMENTWIDE SCIENCE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle A—General Provisions (a) SHORT TITLE.—This Act may be cited as Sec. 301. Authorization of appropriations. Subtitle A—General Provisions the ‘‘America Competes Reauthorization Act Sec. 302. Findings and sense of Congress on SEC. 101. FEDERAL RESEARCH AND DEVELOP- of 2015’’. support for all fields of science MENT FUNDING. (b) TABLE OF CONTENTS.—The table of con- and engineering. Congress finds the following: tents for this Act is as follows: Sec. 303. National Science Foundation merit (1) The predominant driver of gross domes- Sec. 1. Short title; table of contents. review. tic product growth over the past half cen- TITLE I—OSTP; GOVERNMENTWIDE Sec. 304. Management and oversight of large tury has been scientific and technological SCIENCE facilities. advancement. Subtitle A—General Provisions Sec. 305. Support for potentially trans- (2) Investments in research and develop- formative research. Sec. 101. Federal research and development ment have also delivered significant benefits Sec. 306. Strengthening institutional re- for national security, health, energy secu- funding. search partnerships. Sec. 102. National Science and Technology rity, education, and the personal well-being Sec. 307. Innovation Corps. of all Americans. Council amendments. Sec. 308. Definitions. Sec. 103. Review of Federal regulations and (3) Virtually every new technological prod- reporting requirements. Subtitle B—STEM Education uct is traceable to a research discovery, Sec. 104. Amendments to prize competitions. Sec. 321. National Science Board report on often one pursued with no application in Sec. 105. Coordination of international consolidation of STEM edu- mind. science and technology partner- cation activities at the Founda- (4) Nondefense Federal research and devel- ships. tion. opment accounts for only 1.7 percent of the

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Federal basic research ac- fit those regulations to diverse research en- (A) in paragraph (1)(B), by inserting counts for only 1 percent of the budget. vironments; and ‘‘prize’’ before ‘‘competition’’; (5) There is a deficit between what America (D) identify any specific regulations which (B) in paragraph (2)(A), by inserting is investing and what it should be investing could be refocused on performance-based ‘‘prize’’ before ‘‘competition’’ both places it to remain competitive, not only in research goals rather than on process while still appears; but in technology transfer, innovation, and meeting the desired outcome; (C) by redesignating paragraph (3) as para- job creation, thereby causing America’s (2) examine the extent to which agencies’ graph (4); and highly successful science and technology en- guidance documents adhere with the most (D) by inserting after paragraph (2) the fol- terprise to atrophy. recently updated version of the Office of lowing new paragraph: (6) Many research and development initia- Management and Budget’s Agency Good ‘‘(3) WAIVER.—An agency may waive the re- tives, due to the long time periods required Guidance Practices bulletin; and quirement under paragraph (2). The annual to achieve completion, have benefited from (3) develop and update at least once every report under subsection (p) shall include a stable and predictable investments and from 3 years a strategic plan for streamlining Fed- list of such waivers granted during the pre- multiyear financial planning. eral regulations and reporting requirements ceding fiscal year, along with an explanation (7) The Federal science agencies should re- that affect the conduct of United States re- of the reasons for granting the waivers.’’; ceive sustained and steady growth in funding search that contains, at a minimum— (6) in subsection (j) by amending paragraph for research and development activities, in- (A) a priority list of research-related regu- (2) to read as follows: cluding basic research, across a wide range of lations, reporting requirements, and agency ‘‘(2) INTELLECTUAL PROPERTY.— disciplines, including physical, geological, guidance to be harmonized, streamlined, up- ‘‘(A) LICENSES.—The Federal Government and life sciences, mathematics, engineering, dated, or eliminated; and may negotiate a license for the use of intel- and social, behavioral, and economic (B) a plan, including a timeline, for imple- lectual property developed by a participant sciences. menting the regulatory and reporting re- for a prize competition. ‘‘(B) OTHER CONDITIONS.—A Federal agency SEC. 102. NATIONAL SCIENCE AND TECHNOLOGY forms identified in subparagraph (A). COUNCIL AMENDMENTS. (c) STAKEHOLDER INPUT.—In carrying out or agencies in cooperation may require par- Section 401 of the National Science and the responsibilities under subsection (b), in- ticipants to agree in advance to a specific Technology Policy, Organization, and Prior- cluding the development of the strategic approach to intellectual property as a condi- tion for eligibility to participate in a prize ities Act of 1977 (42 U.S.C. 6651) is amended— plan under subsection (b)(3), the working competition.’’; (1) in subsection (a), by striking ‘‘Federal group established or designated under sub- (7) in subsection (k)— Coordinating Council for Science, Engineer- section (a) shall take into account input and (A) in paragraph (2)(A), by inserting ing, and Technology’’ and inserting ‘‘Na- recommendations from non-Federal stake- ‘‘prize’’ before ‘‘competition’’; and tional Science and Technology Council’’; holders, including federally funded and non- (B) in paragraph (3), by inserting ‘‘prize’’ (2) in subsection (b), by striking ‘‘and En- federally funded researchers, institutions of before ‘‘competitions’’ both places it ap- ergy Research and Development Administra- higher education, scientific disciplinary soci- pears; tion’’ and inserting ‘‘Department of Energy, eties and associations, nonprofit research in- stitutions, industry, including small busi- (8) in subsection (l), by striking all after and any other agency designated by the ‘‘may enter into’’ and inserting ‘‘a grant, President’’; and nesses, federally funded research and devel- opment centers, and others with a stake in contract, cooperative agreement, or other (3) in subsection (e)— agreement with a private sector for-profit or (A) by striking ‘‘engineering, and tech- ensuring effectiveness, efficiency, and ac- countability in the performance of scientific nonprofit entity to administer the prize com- nology’’ and inserting ‘‘engineering, tech- petition, subject to the provisions of this nology, innovation, and STEM education’’; research. (d) RESPONSIBILITIES OF OSTP.—The Direc- section.’’; (B) in paragraph (1), by striking ‘‘engineer- tor of the Office of Science and Technology (9) in subsection (m)— ing, and technological’’ and inserting ‘‘engi- Policy, in collaboration with the Office of (A) by amending paragraph (1) to read as neering, technological, innovation, and Management and Budget Office of Informa- follows: STEM education’’; tion and Regulatory Affairs, shall encourage ‘‘(1) IN GENERAL.—Support for a prize com- (C) by redesignating paragraphs (3) and (4) and monitor the efforts of the participating petition under this section, including finan- as paragraphs (4) and (5), respectively; and agencies to ensure that the strategic plan is cial support for the design and administra- (D) by inserting after paragraph (2) the fol- developed under subsection (b)(3) and that tion of a prize competition or funds for a lowing new paragraph: appropriate steps are taken by the agencies cash prize purse, may consist of Federal ap- ‘‘(3) address research needs identified under to effectively implement the recommenda- propriated funds and funds provided by pri- paragraph (2) through appropriate funding tions, achieve the objectives, and to adhere vate sector for-profit and nonprofit entities. mechanisms, which may include solicita- to the timeline in the strategic plan. The head of an agency may accept funds tions involving 2 or more agencies and pub- (e) REPORT.—Not later than 1 year after from other Federal agencies, private sector lic-private partnerships;’’. the date of enactment of this Act, the Direc- for-profit entities, and nonprofit entities, to SEC. 103. REVIEW OF FEDERAL REGULATIONS tor of the Office of Science and Technology be available to the extent provided by appro- AND REPORTING REQUIREMENTS. Policy shall transmit the priority list and priations Acts, to support such prize com- (a) ESTABLISHMENT.—The Director of the strategic plan developed under subsection petitions. The head of an agency may not Office of Science and Technology Policy (b)(3) to the Congress. The Director shall fur- give any special consideration to any private shall establish or designate a working group ther provide a report annually to the Con- sector for-profit or nonprofit entity in return under the National Science and Technology gress, to be submitted not later than 60 days for a donation.’’; Council with the responsibility of reviewing after the submission of the President’s an- (B) in paragraph (2), by striking ‘‘prize Federal regulatory and reporting require- nual budget request, on the progress toward awards’’ and inserting ‘‘cash prize purses’’; ments across Federal agencies that affect implementation of the regulatory reforms (C) in paragraph (3)(A)— the conduct of United States research in an outlined in the strategic plan. (i) by striking ‘‘No prize’’ and inserting effort to reduce regulatory burdens and to SEC. 104. AMENDMENTS TO PRIZE COMPETI- ‘‘No prize competition’’; and eliminate and harmonize duplicative regu- TIONS. (ii) by striking ‘‘the prize’’ and inserting latory and reporting requirements. Section 24 of the Stevenson-Wydler Tech- ‘‘the cash prize purse’’; (b) RESPONSIBILITIES.—The working group nology Innovation Act of 1980 (15 U.S.C. 3719) (D) in paragraph (3)(B), by striking ‘‘a established or designated under subsection is amended— prize’’ and inserting ‘‘a cash prize purse’’; (a) shall— (1) in subsection (c)— (E) in paragraph (3)(B)(i), by inserting (1) periodically review all Federal regula- (A) by inserting ‘‘competition’’ after ‘‘sec- ‘‘competition’’ after ‘‘prize’’; tions and reporting requirements that affect tion, a prize’’; (F) in paragraph (4)(A), by striking ‘‘a the conduct of United States research to— (B) by inserting ‘‘types’’ after ‘‘following’’; prize’’ and inserting ‘‘a cash prize purse’’; (A) identify ways to harmonize overlapping and and or duplicative research regulations and re- (C) in paragraph (4), by striking ‘‘prizes’’ (G) in paragraph (4)(B), by striking ‘‘cash porting requirements across Federal agen- and inserting ‘‘prize competitions’’; prizes’’ and inserting ‘‘cash prize purses’’; cies; (2) in subsection (f)— (10) in subsection (n), by inserting ‘‘for (B) evaluate such regulations and report- (A) by striking ‘‘in the Federal Register’’ both for-profit and nonprofit entities,’’ after ing requirements in relationship to the risks and inserting ‘‘on a publicly accessible Gov- ‘‘contract vehicle’’; the requirements seek to address to deter- ernment website, such as (11) in subsection (o)(1), by striking ‘‘or mine if the benefits of the requirements are www.challenge.gov,’’; and providing a prize’’ and insert ‘‘a prize com- commensurate with the costs to the progress (B) in paragraph (4), by striking ‘‘prize’’ petition or providing a cash prize purse’’; and of science or to the taxpayer; and inserting ‘‘cash prize purse’’; (12) in subsection (p)— (C) identify any regulations that are ap- (3) in subsection (g), by striking ‘‘prize’’ (A) in the heading, by striking ‘‘ANNUAL plied to scientific researchers or to research- and inserting ‘‘cash prize purse’’; REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; performing institutions for which exemp- (4) in subsection (h), by inserting ‘‘prize’’ (B) in paragraph (1)— tions could be reasonably applied or for before ‘‘competition’’ both places it appears; (i) by striking ‘‘of each year’’ and inserting which adjustments could be made to better (5) in subsection (i)— ‘‘of each odd-numbered year’’; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3461 (ii) by striking ‘‘preceding fiscal year’’ and (4) the issues influencing the ability of specifies near-term and long-term objectives inserting ‘‘preceding 2 fiscal years’’; and United States scientists and engineers to for the Program, the anticipated timeframe (C) in paragraph (2)— collaborate with foreign counterparts. for achieving the near-term objectives, and (i) in subparagraph (C), by striking ‘‘cash SEC. 106. SCIENTIFIC AND TECHNICAL CON- the metrics to be used for assessing progress prizes’’ both places it occurs and inserting FERENCES. toward the objectives, and that describes— ‘‘cash prize purses’’; and (a) FINDINGS.—Congress finds the fol- ‘‘(A) how the Program will move results (ii) by adding at the end the following new lowing: out of the laboratory and into applications subparagraph: (1) Cooperative research and development for the benefit of society, including through ‘‘(G) PLAN.—A description of crosscutting activities, including collaboration between cooperation and collaborations with nano- topical areas and agency-specific mission domestic and international government, in- technology research, development, and tech- needs that may be the strongest opportuni- dustry, and academic science and engineer- nology transition initiatives supported by ties for prize competitions during the upcom- ing organizations, are important to pro- the States; and ing 2 fiscal years.’’. moting innovation and knowledge creation. ‘‘(B) proposed research in areas of national SEC. 105. COORDINATION OF INTERNATIONAL (2) Scientific and technical conferences and importance in accordance with the require- SCIENCE AND TECHNOLOGY PART- trade events support the sharing of informa- ments of section 116 of the National Nano- NERSHIPS. tion, processes, and data within the sci- technology Initiative Amendments Act of (a) SHORT TITLE.—This section may be entific and engineering communities. 2015;’’; cited as the ‘‘International Science and (3) In hosting and attending scientific and (B) in subsection (d)— Technology Cooperation Act of 2015’’. technical conferences and trade events, Fed- (i) by redesignating paragraphs (1) through (b) ESTABLISHMENT.—The Director of the eral agencies— (5) as paragraphs (2) through (6), respec- Office of Science and Technology Policy (A) gain greater access to top researchers tively; shall establish a body under the National and to new and potentially transformative (ii) by inserting before paragraph (2), as re- Science and Technology Council (NSTC) ideas; designated by clause (i), the following: with the responsibility to identify and co- (B) keep abreast of developments relevant ‘‘(1) the Program budget, for the previous ordinate international science and tech- to their respective missions, as is relevant fiscal year, for each agency that participates nology cooperation that can strengthen the for future program planning; in the Program, and for each program com- United States science and technology enter- (C) help disseminate Federal research re- ponent area;’’; and prise, improve economic and national secu- sults; (iii) by amending paragraph (6), as redesig- rity, and support United States foreign pol- (D) provide opportunities both for em- nated by clause (i), to read as follows: icy goals. ployee professional development and for re- ‘‘(6) an assessment of how Federal agencies (c) NSTC BODY LEADERSHIP.—The body es- cruiting new employees; are implementing the plan described in sub- tablished under subsection (b) shall be co- (E) participate in scientific peer review; section (c)(7) and a description of the amount chaired by senior level officials from the Of- and of Small Business Innovative Research and fice of Science and Technology Policy and (F) support the reputation, visibility, and Small Business Technology Transfer Re- the Department of State. leadership both of the specific agency and of (d) RESPONSIBILITIES.—The body estab- search funds supporting the plan.’’; and lished under subsection (b) shall— the United States. (C) by adding at the end the following new (1) plan and coordinate interagency inter- (4) For those Federal agencies that provide subsection: national science and technology cooperative financial support for external research and ‘‘(e) STANDARDS SETTING.—The agencies research and training activities and partner- development activities, participation in sci- participating in the Program shall support ships supported or managed by Federal agen- entific and technical conferences can help the activities of committees involved in the cies and work with other National Science ensure that funds are directed toward the development of standards for nanotechnol- and Technology Council committees to help most promising ideas, thereby maximizing ogy and may reimburse the travel costs of plan and coordinate the international com- the Federal investment. scientists and engineers who participate in (b) POLICY.—To the extent practicable ponent of national science and technology activities of such committees.’’; given budget, security, and other con- priorities; (2) in section 3— straints, the National Science Foundation, (2) establish Federal priorities and policies (A) by amending subsection (b)(1) to read the National Institute of Standards and for aligning, as appropriate, international as follows: Technology, and the Department of Energy, science and technology cooperative research ‘‘(b) FUNDING.— in addition to the National Aeronautics and and training activities and partnerships sup- ‘‘(1) IN GENERAL.—The operation of the Na- Space Administration, should support Fed- ported or managed by Federal agencies with tional Nanotechnology Coordination Office eral employee and contractor attendance at the foreign policy goals of the United States; shall be supported by funds from each agency scientific and technical conferences and (3) identify opportunities for new inter- participating in the Program. trade events as relevant both to employee national science and technology cooperative ‘‘(2) PROPORTION.—The portion of such Of- and contractor duties and to the agency’s research and training partnerships that ad- fice’s total budget provided by each agency mission. vance both the science and technology and for each fiscal year shall be in the same pro- (c) OVERSIGHT.—Consistent with other rel- the foreign policy priorities of the United portion as the agency’s share of the total evant law, the Federal agencies, through ap- States; budget for the Program for the previous fis- propriate oversight, shall aim to minimize (4) in carrying out paragraph (3), solicit cal year, as specified in the report required the costs to the Federal Government related input and recommendations from non-Fed- under section 2(d)(1). to conference and trade event attendance, eral science and technology stakeholders, in- ‘‘(3) EXCEPTION.—The Director of the Na- through methods such as— cluding universities, scientific and profes- tional Nanotechnology Coordination Office (1) ensuring that related fees collected by sional societies, industry, and relevant orga- may establish a minimum contribution or the Federal agency help offset total costs to nizations and institutions; and other exception to the requirement in para- the Federal Government; (5) identify broad issues that influence the graph (2) for participating agencies whose (2) developing or maintaining procedures ability of United States scientists and engi- share of the total budget for the Program is for investigating unexpected increases in re- neers to collaborate with foreign counter- below a threshold level, to be set by the Di- lated costs; and parts, including barriers to collaboration and rector.’’; and (3) strengthening policies and training rel- access to scientific information. (B) by adding at the end the following new evant to conference and trade event planning (e) REPORT TO CONGRESS.—The Director of subsection: and participation. the Office of Science and Technology Policy ‘‘(d) PUBLIC INFORMATION.— shall transmit a report, to be updated annu- Subtitle B—Reauthorization of the National ‘‘(1) DATABASE.— ally, to the Committee on Science, Space, Nanotechnology Initiative ‘‘(A) IN GENERAL.—The National Nanotech- and Technology and the Committee on For- SEC. 111. SHORT TITLE. nology Coordination Office shall develop and eign Affairs of the House of Representatives, This subtitle may be cited as the ‘‘Na- maintain a database accessible by the public and to the Committee on Commerce, tional Nanotechnology Initiative Amend- of projects funded under at least the Envi- Science, and Transportation and the Com- ments Act of 2015’’. ronmental, Health, and Safety program com- mittee on Foreign Relations of the Senate. SEC. 112. NATIONAL NANOTECHNOLOGY PRO- ponent area, or any successor program com- The report shall also be made available to GRAM AMENDMENTS. ponent area, including, to the extent prac- the public on the reporting agency’s website. The 21st Century Nanotechnology Re- ticable, a description of each project, its The report shall contain a description of— search and Development Act (15 U.S.C. 7501 source of funding by agency, and its funding (1) the priorities and policies established et seq.) is amended— history. under subsection (d)(2); (1) in section 2— ‘‘(B) ORGANIZATION.—Projects shall be (2) the ongoing and new partnerships estab- (A) in subsection (c), by amending para- grouped by major objective as defined by the lished since the last update to the report; graph (4) to read as follows: research plan required under section 113(b) of (3) the means by which stakeholder input ‘‘(4) develop, and update every 3 years the National Nanotechnology Initiative was received, as well as summary views of thereafter, a strategic plan to guide the ac- Amendments Act of 2015. stakeholder input; and tivities described under subsection (b) that ‘‘(2) ACCESSIBLE FACILITIES.—

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‘‘(A) IN GENERAL.—The National Nanotech- Council and with input from the Advisory Engineering, and Technology Subcommittee nology Coordination Office shall develop, Panel, determines that a more narrowly fo- of the National Science and Technology maintain, and publicize information on cused review of the Program is in the best Council. In developing and updating the nanotechnology facilities supported under interests of the Program, the Director may plan, the panel convened by the Coordinator the Program, and may include information enter into such an arrangement with the Na- shall solicit and be responsive to rec- on nanotechnology facilities supported by tional Research Council in lieu of a full re- ommendations and advice from— the States, that are accessible for use by in- view as required under subsection (a), but (A) the Advisory Panel established under dividuals from academic institutions and not more often than every second triennial section 4(a) of the 21st Century Nanotechnol- from industry. review. ogy Research and Development Act (15 ‘‘(B) WEBSITES.—The National Nanotech- ‘‘(c) EVALUATION TO BE TRANSMITTED TO U.S.C. 7503(a)); and nology Coordination Office shall maintain CONGRESS.—The National Research Council (B) the agencies responsible for environ- active web links to the websites for each of shall document the results of each triennial mental, health, and safety regulations asso- these facilities and shall work with each fa- review carried out in accordance with this ciated with the production, use, and disposal cility supported under the Program to en- section in a report that includes any rec- of nanoscale materials and products. sure that each facility publishes on its re- ommendations for changes to the Program’s (2) DEVELOPMENT OF STANDARDS.—The plan spective website updated information on the objectives, technical content, or other policy required under paragraph (1) shall include a terms and conditions for the use of the facil- or Program changes. Each report shall be description of how the Program will help to ity, a description of the capabilities of the submitted to the Director of the National ensure the development of— instruments and equipment available for use Nanotechnology Coordination Office, who (A) standards related to nomenclature as- at the facility, and a description of the tech- shall transmit it to the Advisory Panel, the sociated with engineered nanoscale mate- nical support available to assist users of the Committee on Commerce, Science, and rials; facility.’’; Transportation of the Senate, and the Com- (B) engineered nanoscale standard ref- (3) in section 4— mittee on Science, Space, and Technology of erence materials for environmental, health, (A) in subsection (a), by adding at the end the House of Representatives.’’; and and safety testing; and the following: ‘‘The co-chairs of the Advisory (5) in section 10— (C) standards related to methods and pro- Panel shall meet the qualifications of Panel (A) by amending paragraph (2) to read as cedures for detecting, measuring, moni- membership required in subsection (b) and follows: toring, sampling, and testing engineered may be members of the President’s Council ‘‘(2) NANOTECHNOLOGY.—The term ‘nano- nanoscale materials for environmental, of Advisors on Science and Technology. The technology’ means the science and tech- health, and safety impacts. nology that will enable one to understand, Advisory Panel shall include members hav- (3) COMPONENTS OF PLAN.—The plan re- ing specific qualifications tailored to enable measure, model, image, manipulate, and quired under paragraph (1) shall, with re- it to carry out the requirements of sub- manufacture at the nanoscale, aimed at cre- spect to activities described in paragraphs section (c)(6).’’; ating materials, devices, and systems with (1) and (2)— (B) in subsection (c)— fundamentally new properties or functions.’’; (A) specify near-term research objectives (i) by striking paragraph (1); and and and long-term research objectives; (ii) by redesignating paragraphs (2) (B) by adding at the end the following new (B) specify milestones associated with each through (7) as paragraphs (1) through (6), re- paragraph: near-term objective and the estimated time spectively; and ‘‘(7) NANOSCALE.—The term ‘nanoscale’ and resources required to reach each mile- (C) by amending subsection (d) to read as means one or more dimensions of between stone; follows: approximately 1 and 100 nanometers.’’. (C) with respect to subparagraphs (A) and ‘‘(d) REPORTS.—The Advisory Panel shall SEC. 113. SOCIETAL DIMENSIONS OF NANOTECH- (B), describe the role of each agency carrying report not less frequently than every 3 years, NOLOGY. out or sponsoring research in order to meet (a) COORDINATOR FOR ENVIRONMENTAL, and, to the extent practicable, 1 year fol- the objectives specified under subparagraph HEALTH, AND SAFETY RESEARCH.—The Direc- lowing each of the National Research Coun- (A) and to achieve the milestones specified tor of the Office of Science and Technology cil triennial reviews required under section under subparagraph (B); and Policy shall designate an associate director 5, to the President on its assessments under (D) specify the funding allocated to each of the Office of Science and Technology Pol- subsection (c) and its recommendations for major objective of the plan and the source of icy or other appropriate senior government ways to improve the Program. The Director funding by agency for the current fiscal official as the Coordinator for Environ- of the Office of Science and Technology Pol- year. icy shall transmit a copy of each report mental, Health, and Safety Research. The Coordinator shall be responsible for over- (4) TRANSMITTAL TO CONGRESS.—Not later under this subsection to the Committee on than 6 months after the date of enactment of Commerce, Science, and Transportation of sight of the coordination, planning, and budget prioritization of research and other this Act, the plan required under paragraph the Senate, the Committee on Science, (1) shall be transmitted to the Committee on Space, and Technology of the House of Rep- activities related to environmental, health, safety, and other appropriate societal con- Commerce, Science, and Transportation of resentatives, and other appropriate commit- the Senate and the Committee on Science, tees of the Congress.’’; cerns related to nanotechnology. The respon- sibilities of the Coordinator shall include— Space, and Technology of the House of Rep- (4) by amending section 5 to read as fol- resentatives. lows: (1) ensuring that a research plan for the environmental, health, and safety research (5) UPDATING AND APPENDING TO REPORT.— ‘‘SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE The plan required under paragraph (1) shall NATIONAL NANOTECHNOLOGY PRO- activities required under subsection (b) is de- veloped, updated, and implemented and that be updated at least every 3 years and may be GRAM. submitted as part of the report required ‘‘(a) IN GENERAL.—The Director of the Na- the plan is responsive to the recommenda- under section 2(c)(4) of the 21st Century tional Nanotechnology Coordination Office tions of the Advisory Panel established Nanotechnology Research and Development shall enter into an arrangement with the Na- under section 4(a) of the 21st Century Nano- Act (15 U.S.C. 7501(c)(4)). tional Research Council of the National technology Research and Development Act Academy of Sciences to conduct a triennial (15 U.S.C. 7503(a)); and SEC. 114. NANOTECHNOLOGY EDUCATION. review of the Program. The Director shall (2) encouraging and monitoring the efforts (a) UNDERGRADUATE EDUCATION PRO- ensure that the arrangement with the Na- of the agencies participating in the Program GRAMS.—The Program shall support efforts tional Research Council is concluded in to allocate the level of resources and man- to introduce nanoscale science, engineering, order to allow sufficient time for the report- agement attention necessary to ensure that and technology into undergraduate science ing requirements of subsection (b) to be sat- the environmental, health, safety, and other and engineering education through a variety isfied. Each triennial review shall include an appropriate societal concerns related to of interdisciplinary approaches. Activities evaluation of the— nanotechnology are addressed under the Pro- supported may include— ‘‘(1) research priorities and technical con- gram. (1) development of courses of instruction or tent of the Program, including whether the (b) RESEARCH PLAN.— modules to existing courses; balance of funding among program compo- (1) IN GENERAL.—The Coordinator for Envi- (2) faculty professional development; and nent areas, as designated according to sec- ronmental, Health, and Safety Research (3) acquisition of equipment and instru- tion 2(c)(2), is appropriate; shall convene and chair a panel comprised of mentation suitable for undergraduate edu- ‘‘(2) Program’s scientific and technological representatives from the agencies funding cation and research in nanotechnology. accomplishments and its success in transfer- research activities under the Environmental, ring technology to the private sector; and Health, and Safety program component area (b) INTERAGENCY COORDINATION OF EDU- ‘‘(3) adequacy of the Program’s activities of the Program, or any successor program CATION.—The Committee established under addressing ethical, legal, environmental, and component area, and from such other agen- section 2(c) of the 21st Century Nanotechnol- other appropriate societal concerns, includ- cies as the Coordinator considers necessary ogy Research and Development Act (15 ing human health concerns. to develop, periodically update, and coordi- U.S.C. 7501(c)) shall coordinate, as appro- ‘‘(b) PRIORITY REPORTS.—If the Director of nate the implementation of a research plan priate, with the Committee established the National Nanotechnology Coordination for this program component area. Such panel under section 101 of the America COMPETES Office, working with the National Research may be a subgroup of the Nanoscale Science, Reauthorization Act of 2010 (42 U.S.C. 6621)

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to prioritize, plan, and assess the edu- (b) COLLABORATION WITH INDUSTRY.—The are organized to investigate basic research cational activities supported under the Pro- Program shall coordinate with industry from questions and carry out technology dem- gram. all industrial sectors that would benefit from onstration activities in areas such as those (c) SOCIETAL DIMENSIONS IN NANOTECHNOL- applications of nanotechnology by— identified in subsection (a). OGY EDUCATION ACTIVITIES.—Activities sup- (1) enhancing communication of informa- (c) REPORT.—Reports required under sec- ported under the Education and Societal Di- tion related to nanotechnology innovation, tion 2(d) of the 21st Century Nanotechnology mensions program component area, or any including information about research, edu- Research and Development Act (15 U.S.C. successor program component area, that in- cation and training, manufacturing issues, 7501(d)) shall include a description of re- volve informal, precollege, or undergraduate and market-driven needs; search and development areas supported in nanotechnology education shall include edu- (2) advancing and accelerating the creation accordance with this section. cation regarding the environmental, health of new products and manufacturing processes SEC. 117. NANOMANUFACTURING RESEARCH. and safety, and other societal aspects of derived from discovery at the nanoscale by (a) RESEARCH AREAS.—The Program shall nanotechnology. working with industry, including small and include research on— (d) REMOTE ACCESS TO NANOTECHNOLOGY medium-sized manufacturers; (1) the development of instrumentation FACILITIES.— (3) developing innovative methods for and tools required for the rapid characteriza- (1) IN GENERAL.—Agencies supporting nano- transferring nanotechnology products and tion of nanoscale materials and for moni- technology research facilities as part of the processes from Federal agencies to industry; toring of nanoscale manufacturing processes; Program shall require the entities that oper- and and ate such facilities to allow access via the (4) facilitating industry-led partnerships (2) approaches and techniques for scaling Internet, and support the costs associated between the Program and industry sectors, the synthesis of new nanoscale materials to with the provision of such access, by sec- including regional partnerships. achieve industrial-level production rates. (c) COORDINATION WITH STATE, REGIONAL, ondary school students and teachers, to in- (b) GREEN NANOTECHNOLOGY.—Interdiscipli- struments and equipment within such facili- AND LOCAL INITIATIVES.—Section 2(b)(5) of nary research centers supported under the ties for educational purposes. The agencies the 21st Century Nanotechnology Research Program in accordance with section 2(b)(4) of and Development Act (15 U.S.C. 7501(b)(5)) is may waive this requirement for cases when the 21st Century Nanotechnology Research amended to read as follows: particular facilities would be inappropriate and Development Act (15 U.S.C. 7501(b)(4)) ‘‘(5) ensuring United States global leader- for educational purposes or the costs for pro- that are focused on nanomanufacturing re- ship in the development and application of viding such access would be prohibitive. search shall include as part of the activities nanotechnology, including through the co- (2) PROCEDURES.—The agencies identified of such centers— ordination and leveraging of Federal invest- in paragraph (1) shall require the entities (1) research on methods and approaches to ments with nanotechnology research, devel- that operate such nanotechnology research develop environmentally benign nanoscale opment, and technology transition initia- facilities to establish and publish proce- products and nanoscale manufacturing proc- tives supported by the States and regions dures, guidelines, and conditions for the sub- esses, taking into consideration relevant across the country;’’. mission and approval of applications for the findings and results of research supported use of the facilities for the purpose identified SEC. 116. SIGNATURE INITIATIVES IN AREAS OF under the Environmental, Health, and Safety NATIONAL IMPORTANCE. in paragraph (1) and shall authorize per- program component area, or any successor sonnel who operate the facilities to provide (a) IN GENERAL.—The Program shall in- clude support for nanotechnology research program component area; necessary technical support to students and (2) fostering the transfer of the results of teachers. and development activities directed toward topical and application areas that have the such research to industry; and SEC. 115. TECHNOLOGY TRANSFER. potential for significant contributions to na- (3) providing for the education of scientists (a) PROTOTYPING.— tional economic competitiveness and for and engineers through interdisciplinary (1) ACCESS TO FACILITIES.—In accordance other significant societal benefits. The ac- studies in the principles and techniques for with section 2(b)(7) of 21st Century Nano- tivities supported shall be designed to ad- the design and development of environ- technology Research and Development Act vance the development of research discov- mentally benign nanoscale products and (15 U.S.C. 7501(b)(7)), the agencies supporting eries by demonstrating technical solutions processes. nanotechnology research facilities as part of to important national challenges. The Advi- SEC. 118. DEFINITIONS. the Program shall provide access to such fa- sory Panel shall make recommendations to In this subtitle, terms that are defined in cilities to companies for the purpose of as- the Program for candidate research and de- section 10 of the 21st Century Nanotechnol- sisting the companies in the development of velopment areas for support under this sec- ogy Research and Development Act (15 prototypes of nanoscale products, devices, or tion. U.S.C. 7509) have the meaning given those processes (or products, devices, or processes (b) CHARACTERISTICS.— terms in that section. enabled by nanotechnology) for determining (1) IN GENERAL.—Research and develop- Subtitle C—Engineering Biology proof of concept. The agencies shall publicize ment activities under this section shall— the availability of these facilities and en- (A) include projects selected on the basis of SEC. 121. SHORT TITLE. courage their use by companies as provided applications for support through a competi- This subtitle may be cited as the ‘‘Engi- for in this section. The agencies may waive tive, merit-based process; neering Biology Research and Development this requirement for academic facilities for (B) involve collaborations among research- Act of 2015’’. which the costs of providing such access ers in academic institutions and industry, SEC. 122. FINDINGS. would be prohibitive. and may involve nonprofit research institu- The Congress makes the following findings: (2) PROCEDURES.—The agencies identified tions and Federal laboratories, as appro- (1) Cellular and molecular processes may in paragraph (1)— priate; be used, mimicked, or redesigned to develop (A) shall establish and publish procedures, (C) when possible, leverage Federal invest- new products, processes, and systems that guidelines, and conditions for the submission ments through collaboration with related improve societal well-being, strengthen na- and approval of applications for use of nano- State initiatives; and tional security, and contribute to the econ- technology facilities; (D) include a plan for fostering the transfer omy. (B) shall publish descriptions of the capa- of research discoveries and the results of (2) Engineering biology relies on scientists bilities of facilities available for use under technology demonstration activities to in- and engineers with a diverse and unique set this subsection, including the availability of dustry for commercial development. of skills combining the biological, physical, technical support; and (2) JOINT SOLICITATIONS.—Projects sup- and information sciences and engineering. (C) may waive recovery, require full recov- ported under this section shall include (3) Long-term research and development is ery, or require partial recovery of the costs projects for which determination of the re- necessary to create breakthroughs in engi- associated with use of the facilities for quirements for applications, review and se- neering biology. Such research and develop- projects under this subsection. lection of applications for support, and sub- ment requires government investment as the (3) SELECTION AND CRITERIA.— sequent funding of projects shall be carried benefits are too distant or uncertain for in- (A) IN GENERAL.—In cases when less than out by a collaboration of no fewer than 2 dustry to support alone. full cost recovery is required pursuant to agencies participating in the Program. In se- (4) The Federal Government can play an paragraph (2)(C), projects provided access to lecting applications for support, agencies important role by facilitating the develop- nanotechnology facilities in accordance with may, as appropriate, give special consider- ment of tools and technologies to further ad- this subsection shall be selected through a ation to projects that include cost sharing vance engineering biology, including mul- competitive, merit-based process, and the from non-Federal sources. tiple user facilities that the Federal Govern- criteria for the selection of such projects (3) INTERDISCIPLINARY RESEARCH CENTERS.— ment is uniquely able to support. shall include at a minimum the readiness of Research and development activities under (5) Since other countries are investing sig- the project for technology demonstration. this section may be supported through inter- nificant resources in engineering biology, (B) SPECIAL CONSIDERATION.—The agencies disciplinary nanotechnology research cen- the United States is at risk of losing its com- may give special consideration in selecting ters, as authorized by section 2(b)(4) of the petitive lead in this emerging area if it does projects to applications that are relevant to 21st Century Nanotechnology Research and not invest the necessary resources and have important national needs or requirements. Development Act (15 U.S.C. 7501(b)(4)), that a national strategy.

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DEFINITIONS. Program. gram; In this subtitle— (c) EXPANDING PARTICIPATION.—The Pro- (5) develop a plan to utilize Federal pro- (1) the term ‘‘Advisory Committee’’ means gram shall include, to the maximum extent grams, such as the Small Business Innova- the advisory committee designated under practicable, outreach to primarily under- tion Research Program and the Small Busi- section 125; graduate and minority-serving institutions ness Technology Transfer Program, in sup- about Program opportunities, and shall en- (2) the term ‘‘biomanufacturing’’ means port of the goals described in subsection courage the development of research collabo- the manufacturing of products using biologi- (b)(4); and rations between research-intensive univer- cal manufacturing technologies; (6) in carrying out its responsibilities sities and primarily undergraduate and mi- (3) the term ‘‘engineering biology’’ means under this section, take into consideration nority-serving institutions. the science and engineering of cellular and the recommendations of the Advisory Com- (d) ETHICAL, LEGAL, ENVIRONMENTAL, AND molecular processes to advance fundamental mittee, the results of the workshop convened SOCIETAL ISSUES.—Program activities shall under section 126, existing reports on related understanding of complex natural systems take into account ethical, legal, environ- and to develop new and advance existing topics, and the views of academic, State, in- mental, and other appropriate societal dustry, and other appropriate groups. products, processes, and systems that will issues, including the need for safeguards and contribute significantly to societal well- monitoring systems to protect society (f) ANNUAL REPORT.—The Interagency being, national security, and the economy; against the unintended release of engineered Committee shall prepare an annual report, (4) the term ‘‘Interagency Committee’’ materials produced, by— to be submitted to the Committee on means the interagency committee des- (1) supporting research, including in the Science, Space, and Technology of the House ignated under section 124(e); and social sciences, and other activities address- of Representatives and the Committee on (5) the term ‘‘Program’’ means the Na- ing ethical, legal, environmental, and other Commerce, Science, and Transportation of tional Engineering Biology Research and De- appropriate societal issues related to engi- the Senate not later than 90 days after sub- velopment Program established under sec- neering biology, including integrating re- mission of the President’s annual budget re- tion 124. search on these topics with the research and quest, that includes— SEC. 124. NATIONAL ENGINEERING BIOLOGY RE- development in engineering biology, and en- (1) the Program budget for the fiscal year SEARCH AND DEVELOPMENT PRO- suring that the results of such research are to which such budget request applies, and for GRAM. widely disseminated, including through the then current fiscal year, including a (a) IN GENERAL.—The President shall im- interdisciplinary engineering biology re- breakout of spending for each agency par- plement a National Engineering Biology Re- search centers described in subsection ticipating in the Program, and for the devel- search and Development Program to advance (b)(1)(C); and opment and acquisition of any research fa- societal well-being, national security, and (2) ensuring, through the agencies and de- cilities and instrumentation; and economic productivity and competitiveness partments that participate in the Program, (2) an assessment of how Federal agencies through— that public input and outreach are inte- are implementing the plan described in sub- (1) advancing areas of research at the grated into the Program by the convening of section (e)(5), and a description of the intersection of the biological, physical, and regular and ongoing public discussions amount and number of Small Business Inno- information sciences and engineering; through mechanisms such as citizen panels, vation Research and Small Business Tech- (2) supporting social science research that consensus conferences, and educational nology Transfer awards made in support of advances the field of engineering biology and events, as appropriate. the Program. contributes to the adoption of new products, (e) INTERAGENCY COMMITTEE.—The Presi- SEC. 125. ADVISORY COMMITTEE. processes, and technologies; dent shall designate an interagency com- (a) IN GENERAL.—The President shall des- (3) expanding the number of researchers, mittee on engineering biology, which shall ignate an advisory committee on engineer- educators, and students with engineering bi- include representatives from the Office of ing biology research and development with ology training; Science and Technology Policy, the National at least 12 members, including representa- (4) accelerating the translation and com- Science Foundation, the Department of En- tives of research and academic institutions, mercialization of engineering biology re- ergy, the National Aeronautics and Space industry, and nongovernmental entities, who search and development by the private sec- Administration, the National Institute of are qualified to provide advice on the Pro- tor; and Standards and Technology, the Environ- gram. (5) improving the interagency planning and mental Protection Agency, and any other coordination of Federal Government activi- agency that the President considers appro- (b) ASSESSMENT.—The Advisory Committee ties related to engineering biology. priate. The Director of the Office of Science shall assess— (b) PROGRAM ACTIVITIES.—The activities of and Technology Policy shall select a chair- (1) progress made in implementing the Pro- the Program shall include— person from among the members of the gram; (1) sustained support for engineering biol- Interagency Committee. The Interagency (2) the need to revise the Program; ogy research and development through— Committee shall oversee the planning, man- (3) the balance of activities and funding (A) grants to individual investigators and agement, and coordination of the Program. across the Program; interdisciplinary teams of investigators; The Interagency Committee shall— (4) whether the Program priorities and (B) projects funded under joint solicita- (1) provide for interagency coordination of goals developed by the Interagency Com- tions by a collaboration of no fewer than two Federal engineering biology research, devel- mittee are helping to maintain United agencies participating in the Program; and opment, and other activities undertaken pur- States leadership in engineering biology; (C) interdisciplinary research centers that suant to the Program; (5) the management, coordination, imple- are organized to investigate basic research (2) establish and periodically update goals mentation, and activities of the Program; questions and carry out technology develop- and priorities for the Program; and ment and demonstration activities; (3) develop, not later than 12 months after (6) whether ethical, legal, environmental, (2) education and training of under- the date of enactment of this subtitle, and and other appropriate societal issues are ade- graduate and graduate students in research update every 5 years, a strategic plan to quately addressed by the Program. at the intersection of biological, physical, guide the activities of the Program and meet (c) REPORTS.—The Advisory Committee and information sciences and engineering; the goals and priorities established under shall report within 3 years after the date of (3) activities to develop robust mechanisms paragraph (2) and describe— enactment of this Act, and thereafter not for tracking and quantifying the outputs and (A) the Program’s support for long-term less frequently than once every 5 years, to economic benefits of engineering biology; funding for interdisciplinary engineering bi- the President, the Committee on Science, and ology research and development; Space, and Technology of the House of Rep- (4) activities to accelerate the translation (B) the Program’s support for education resentatives, and the Committee on Com- and commercialization of new products, and public outreach activities; merce, Science, and Transportation of the processes, and technologies by— (C) the Program’s support for research and Senate, on its findings of the assessment car- (A) identifying precompetitive research op- other activities on ethical, legal, environ- ried out under this section and its rec- portunities; mental, and other appropriate societal issues ommendations for ways to improve the Pro- (B) facilitating public-private partnerships related to engineering biology; and gram. in engineering biology research and develop- (D) how the Program will move results out (d) FEDERAL ADVISORY COMMITTEE ACT AP- ment; of the laboratory and into application for the PLICATION.—Section 14 of the Federal Advi- (C) connecting researchers, graduate stu- benefit of society and United States com- sory Committee Act (5 U.S.C. App.) shall not dents, and postdoctoral fellows with entre- petitiveness; apply to the Advisory Committee.

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EXTERNAL REVIEW OF ETHICAL, cluding in the field of synthetic biology, and budgets or functions for STEM education LEGAL, ENVIRONMENTAL, AND SOCI- related to Earth and space sciences, aero- programs or activities between agencies, at ETAL ISSUES. nautics, space technology, and space explo- the time of submission of such proposals to (a) IN GENERAL.—Not later than 12 months ration and experimentation, consistent with Congress, the Director shall report to Con- after the date of enactment of this Act, the the priorities established in the National gress on activities undertaken by the Office Director of the National Science Foundation Academies’ decadal surveys; and of Science and Technology Policy or by rel- shall enter into an agreement with the Na- (2) award grants, on a competitive basis, evant agencies to take into consideration tional Academies to convene a workshop to that enable institutions to support graduate relevant input from the STEM Education review the ethical, legal, environmental, and students and postdoctoral fellows who per- Advisory Panel established under subsection other appropriate societal issues related to form some of their engineering biology re- (e) and other relevant education stake- engineering biology research and develop- holders. ment. The goals of the workshop shall be search in an industry setting. (e) ENVIRONMENTAL PROTECTION AGENCY.— ‘‘(2) INTRAAGENCY CONSOLIDATION.—For all to— As part of the Program, the Environmental agency proposals to internally consolidate or (1) assess the current research on such Protection Agency shall support research on terminate STEM education programs with issues; how products, processes, and systems of en- budgets exceeding $10,000,000, at the time of (2) evaluate the research gaps relating to gineering biology will affect the environ- submission of such proposals to Congress, such issues; and ment. the head of the relevant agency shall report (3) provide recommendations on how the to Congress on activities to solicit and take Program can address the research needs TITLE II—STEM EDUCATION AND into consideration input on such proposals identified. DIVERSITY from the STEM Education Advisory Panel (b) REPORT TO CONGRESS.—Not later than 2 Subtitle A—STEM Education and Workforce years after the date of enactment of this established under subsection (e) and other SEC. 201. SENSE OF CONGRESS. relevant education stakeholders. Act, the Director of the National Science It is the sense of Congress that the Na- ‘‘(e) STEM EDUCATION ADVISORY PANEL.— Foundation shall transmit to the Committee tional Science and Technology Council’s ‘‘(1) IN GENERAL.—The President shall es- on Science, Space, and Technology of the Committee on STEM Education (CoSTEM), tablish or designate a STEM Education Advi- House of Representatives and the Committee established under section 101 of the America sory Panel. The cochairs of the Advisory on Commerce, Science, and Transportation COMPETES Reauthorization Act of 2010 (42 Panel shall meet the qualifications of Panel of the Senate a summary report containing U.S.C. 6621), has taken important initial membership required in paragraph (2) and the findings of the workshop convened under steps toward developing and implementing a may be members of the President’s Council this section. strategic plan for Federal investments in of Advisors on Science and Technology. SEC. 127. AGENCY ACTIVITIES. STEM education, but that more work must ‘‘(2) QUALIFICATIONS.—The Advisory Panel (a) NATIONAL SCIENCE FOUNDATION.—As be done to solicit and take into account established or designated by the President part of the Program, the National Science views and experience from stakeholders who under this subsection shall consist of mem- Foundation shall— help implement or are the beneficiaries of bers from academic institutions, industry, (1) support basic research at the intersec- Federal STEM programs across the Nation. informal education providers, nonprofit tion of the biological, physical, and informa- It is further the sense of Congress that STEM education organizations, foundations, tion sciences and engineering through indi- science mission agencies such as the Na- and local and State educational agencies. vidual grants and through interdisciplinary tional Aeronautics and Space Administra- Members of the Advisory Panel shall be research centers; tion, the National Oceanic and Atmospheric qualified to provide advice on Federal STEM (2) support research on the environmental Administration, and the Department of En- education programs, best practices in STEM and social effects of engineering biology; ergy are essential partners in contributing education, assessment of STEM education (3) provide research instrumentation sup- to the goals and implementation of a Federal programs, STEM education standards, indus- port for engineering biology disciplines; and STEM strategic plan because such agencies try needs for STEM graduates, and public- (4) award grants, on a competitive basis, to have unique scientific and technological fa- private STEM education partnerships. enable institutions to support graduate stu- cilities as well as highly trained scientists ‘‘(3) DUTIES.—The Advisory Panel shall ad- dents and postdoctoral fellows who perform who are eager and able to contribute to im- vise the President and the committee estab- some of their engineering biology research in proved STEM learning outcomes in their lished under subsection (a) on implementing an industry setting. own communities. the Federal STEM education strategic plan (b) DEPARTMENT OF COMMERCE.—As part of SEC. 202. COORDINATION OF FEDERAL STEM the Program, the Director of the National EDUCATION. required under subsection (b)(5) and coordi- Institute of Standards and Technology Section 101 of America COMPETES Reau- nating Federal STEM programs with non- shall— thorization Act of 2010 (42 U.S.C. 6621) is governmental STEM initiatives and State (1) establish a bioscience research program amended— and local educational agencies. to advance the development of standard ref- (1) in subsection (b)(5)— ‘‘(4) REPORT.—The Advisory Panel shall re- erence materials and measurements and to (A) by redesignating subparagraphs (A) port, not more than 1 year after enactment create new data tools, techniques, and proc- through (D) as subparagraphs (B) through of the America Competes Reauthorization esses necessary to advance engineering biol- (E), respectively; and Act of 2015, on options for evidence-based im- ogy and biomanufacturing; (B) by inserting before subparagraph (B), plementation of the Federal STEM strategic (2) provide access to user facilities with ad- as so redesigned by subparagraph (A) of this plan required under subsection (b)(5), includ- vanced or unique equipment, services, mate- paragraph, the following new subparagraph: ing options for designating certain agencies rials, and other resources to industry, insti- ‘‘(A) have as its primary goal to leverage as coordinating leads for different priority tutions of higher education, nonprofit orga- the limited STEM education funding and investment areas, timelines for implementa- nizations, and government agencies to per- other assets, including intellectual capital, tion, and specific management, budget, pol- form research and testing; and invested by Federal STEM agencies for max- icy, or other steps that agencies must take (3) provide technical expertise to inform imum benefit to student learning;’’; to effectively implement the strategic plan. the development of guidelines and safeguards (2) by striking the second subsection (b); ‘‘(5) SUNSET.—The authorization for the for new products, processes, and systems of (3) by redesignating subsection (c) as sub- Advisory Panel established under this sub- engineering biology. section (f); section shall expire 3 years after the date of (c) DEPARTMENT OF ENERGY.—As part of (4) by inserting after subsection (b), the enactment of the America Competes Reau- the Program, the Secretary of Energy shall— following new subsections: thorization Act of 2015.’’; and (1) conduct and support basic research, de- ‘‘(c) COORDINATOR FOR STEM EDUCATION.— (5) in subsection (f), as so redesignated by velopment, demonstration, and commercial The Director of the Office of Science and paragraph (3) of this section— application activities in engineering biology Technology Policy shall designate an asso- (A) by inserting ‘‘progress made in imple- disciplines, including in the areas of syn- ciate director of the Office of Science and menting’’ after ‘‘describing’’; thetic biology, advanced biofuel develop- Technology Policy as the Coordinator for (B) by striking paragraph (3); and ment, biobased materials, and environ- STEM Education. When an appropriate asso- (C) by redesignating paragraphs (4) and (5) mental remediation; and ciate director is not available, the Director as paragraphs (3) and (4), respectively. (2) provide access to user facilities with ad- may designate another appropriate senior SEC. 203. GRAND CHALLENGES IN EDUCATION vanced or unique equipment, services, mate- government official as the Coordinator for RESEARCH. rials, and other resources, as appropriate, to STEM Education. The Coordinator shall (a) IN GENERAL.—The Director of the Na- industry, institutions of higher education, chair the committee established under sub- tional Science Foundation and the Secretary nonprofit organizations, and government section (a). The Coordinator shall, with the of Education shall collaborate in— agencies to perform research and testing. assistance of appropriate senior officials (1) identifying, prioritizing, and developing (d) NATIONAL AERONAUTICS AND SPACE AD- from other Committee on STEM Education strategies to address grand challenges in re- MINISTRATION.—As part of the Program, the agencies, ensure that the requirements of search and development, including assess- National Aeronautics and Space Administra- this section are satisfied. ment, on the teaching and learning of STEM tion shall— ‘‘(d) STAKEHOLDER INPUT.— at the pre-K–12 level, in formal and informal (1) conduct and support basic and applied ‘‘(1) INTERAGENCY CONSOLIDATION.—For all settings, for diverse learning populations, in- research in engineering biology fields, in- agency proposals to consolidate or transfer cluding individuals identified in section 33 or

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(c) REPORT.—Not later than 18 months (b) STAKEHOLDER INPUT.—In identifying the (a) SENSE OF CONGRESS.—It is the sense of after the date of enactment of this Act, the grand challenges under subsection (a), the Congress that— National Research Council shall submit a re- Director and the Secretary shall— (1) the Science, Technology, Engineering, port to Congress providing a summary de- (1) take into consideration critical re- and Mathematics (STEM) Talent Expansion scription of the discussion and findings from search gaps identified in existing reports, in- Program set an important goal of increasing the workshop required under subsection (b). cluding reports by the National Academies, the number of students graduating with as- SEC. 205. ENGAGING FEDERAL SCIENTISTS AND on the teaching and learning of STEM at the sociate or baccalaureate degrees in the ENGINEERS IN STEM EDUCATION. pre-K–12 level in formal and informal set- STEM fields, and this should continue to be The Director of the Office of Science and tings; and a focus of that program; Technology Policy shall develop guidance for (2) solicit input from a wide range of stake- (2) to further the goal of the STEM Talent Federal agencies to increase opportunities holders, including officials from State edu- Expansion Program, as well as STEM edu- and training, as appropriate, for Federal sci- cational agencies and local educational cation promotion programs across the Fed- entists and engineers to participate in STEM agencies, STEM teachers, STEM education eral Government, innovative approaches are engagement activities through their respec- researchers, scientific and engineering soci- needed to enhance STEM education in the tive agencies and in their communities. eties, STEM faculty at institutions of higher United States; Subtitle B—Broadening Participation in education, informal STEM education pro- (3) STEAM, which is the integration of arts STEM viders, businesses with a large STEM work- and design, broadly defined, into Federal SEC. 211. SHORT TITLE. force, and other stakeholders in the teaching STEM programming, research, and innova- This subtitle may be cited as the ‘‘STEM and learning of STEM at the pre-K–12 level, tion activities, is a method-validated ap- Opportunities Act of 2015’’. and may enter into an arrangement with the proach to maintaining the competitiveness SEC. 212. PURPOSE. National Research Council for these pur- of the United States in both workforce and (a) IN GENERAL.—The Director of the Office poses. innovation and to increasing and broadening of Science and Technology Policy, acting (c) TOPICS TO CONSIDER.—In identifying the students’ engagement in the STEM fields; through the Federal science agencies, shall grand challenges under subsection (a), the (4) STEM graduates need more than tech- carry out programs and activities with the Director and the Secretary shall, at a min- nical skills to thrive in the 21st century purpose of ensuring that Federal science imum, consider research and development workforce; they also need to be creative, in- agencies and institutions of higher education on— novative, collaborative, and able to think receiving Federal research and development (1) scalability, sustainability, and replica- critically; funding are fully engaging their entire talent tion of successful STEM activities, pro- (5) STEAM should be recognized as pro- pool. grams, and models, in formal and informal viding value to STEM research and edu- (b) PURPOSES.—The purposes of this sub- environments; cation programs across Federal agencies, title are as follows: (2) model systems that support improved without supplanting the focus on the tradi- (1) To promote research on and increase teaching and learning of STEM across entire tional STEM disciplines; understanding of the participation and tra- local educational agencies and States, in- (6) Federal agencies should work coopera- jectories of women and underrepresented mi- cluding rural areas, and encompassing and tively on interdisciplinary initiatives to sup- norities in STEM careers at institutions of integrating the teaching and learning of port the integration of arts and design into higher education and Federal science agen- STEM in formal and informal venues; STEM, and current interdisciplinary pro- cies, including Federal laboratories. (3) implementation of new State mathe- grams should be strengthened; (2) To raise awareness within Federal matics and science standards; (7) Federal agencies should allow for science agencies, including Federal labora- (4) what makes a STEM teacher effective STEAM activities under current and future tories, and institutions of higher education and STEM teacher professional development grant-making and other activities; and about cultural and institutional barriers effective, including development of tools and (8) Federal agencies should clarify that, limiting the recruitment, retention, pro- methodologies to measure STEM teacher ef- where appropriate, data collection, surveys, motion, and other indicators of participation fectiveness; and reporting on STEM activities and grant- and achievement of women and underrep- (5) cyber-enabled and other technology making should examine activities that in- resented minorities in academic and Govern- tools for teaching and learning, including volve cross-disciplinary learning that inte- ment STEM research careers at all levels. massive open online courses; grates specialized skills and expertise from (3) To identify, disseminate, and imple- (6) STEM teaching and learning in infor- both art and science. ment best practices at Federal science agen- mal environments, including development of (b) NATIONAL RESEARCH COUNCIL WORK- cies, including Federal laboratories, and at tools and methodologies for assessing STEM SHOP.—The National Science Foundation institutions of higher education to remove or teaching and learning in informal environ- shall enter into an arrangement with the Na- reduce cultural and institutional barriers ments; and tional Research Council to conduct a work- limiting the recruitment, retention, and suc- (7) how integrating engineering with math- shop on the integration of arts and design cess of women and underrepresented minori- ematics and science education may— with STEM education. The workshop shall ties in academic and Government STEM re- (A) improve student learning of mathe- include a discussion of— search careers. matics and science; (1) how the perspectives and experience of (4) To provide grants to institutions of (B) increase student interest and persist- artists and designers may contribute to the higher education to recruit, retain, and ad- ence in STEM; or advancement of science, engineering, and in- vance STEM faculty members from under- (C) improve student understanding of engi- novation, for example through the develop- represented minority groups and to imple- neering design principles and of the built ment of visualization aids for large experi- ment or expand reforms in undergraduate world. mental and computational data sets; STEM education in order to increase the (d) REPORT TO CONGRESS.—Not later than (2) how arts and design-based education ex- number of students from underrepresented 12 months after the date of enactment of this periences might support formal and informal minority groups receiving degrees in these Act, the Director and the Secretary shall re- STEM education at the pre-K–12 level, par- fields. port to Congress with a description of— ticularly in fostering creativity and risk SEC. 213. FEDERAL SCIENCE AGENCY POLICIES (1) the grand challenges identified pursu- taking, and encourage more students to pur- FOR CAREGIVERS. ant to this section; sue STEM studies, including students from (a) OSTP GUIDANCE.—Not later than 6 (2) the role of each agency in supporting groups historically underrepresented in months after the date of enactment of this research and development activities to ad- STEM; Act, the Director of the Office of Science and dress the grand challenges; (3) how the teaching of design principles Technology Policy shall provide guidance to (3) the common metrics that will be used can be better integrated into undergraduate Federal science agencies to establish policies to assess progress toward meeting the grand engineering and other STEM curricula, in- that— challenges; cluding in the first two years of under- (1) apply to all— (4) plans for periodically updating the graduate studies, to enhance student capac- (A) intramural and extramural research grand challenges; ity for creativity and innovation and im- awards; and (5) how the agencies will disseminate and prove student retention, including students (B) primary investigators who have promote the utilization of the results of re- from groups historically underrepresented in caregiving responsibilities, including care search and development activities carried STEM; and for a newborn or newly adopted child and out under this section to STEM education (4) what additional steps, if any, Federal care for an immediate family member who is practitioners, to other Federal agencies that science agencies should take to promote the sick or disabled; and support STEM programs and activities, and inclusion of arts and design principles in (2) provide— to non-Federal funders of STEM education; their respective STEM programs and activi- (A) flexibility in timing for the initiation and ties in order to improve student STEM learn- of approved research awards;

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(B) no-cost extensions of research awards; (b) GUIDANCE TO ALL FEDERAL SCIENCE (1) DEVELOPMENT OF GUIDANCE.—Not later (C) grant supplements as appropriate to re- AGENCIES.—The Director of the Office of than 6 months after the date of enactment of search awards for research technicians or Science and Technology Policy shall dis- this Act, the Director of the National equivalent to sustain research activities; and seminate the information and best practices Science Foundation shall develop written (D) any other appropriate accommodations identified in subsection (a) to all Federal guidance for institutions of higher education at the discretion of the head of each agency. science agencies and provide guidance as on the best practices for— (b) UNIFORMITY OF GUIDANCE.—In providing necessary on policies to implement such (A) conducting periodic campus culture such guidance, the Director of the Office of practices within each agency. surveys of STEM departments, with a par- Science and Technology Policy shall encour- (c) ESTABLISHMENT OF POLICIES.—Con- ticular focus on identifying any cultural or age uniformity and consistency in the poli- sistent with the guidance provided in sub- institutional barriers to or successful cies across all agencies. section (b), Federal science agencies shall enablers for the recruitment, retention, pro- (c) ESTABLISHMENT OF POLICIES.—Con- maintain or develop and implement policies motion, and other indicators of participation sistent with the guidance provided under and practices to minimize the effects of im- and achievement, of women and underrep- this section, Federal science agencies shall plicit bias in the review of extramural and resented minorities in STEM degree pro- maintain or develop and implement policies intramural Federal research grants. grams and academic STEM careers; and for caregivers and shall broadly disseminate (d) REPORT TO CONGRESS.—Not later than 2 (B) providing educational opportunities, such policies to current and potential grant- years after the date of enactment of this including workshops as described in sub- ees. Act, the Director of the Office of Science and section (c), for STEM faculty and adminis- (d) DATA ON USAGE.—Federal science agen- Technology Policy shall report to Congress trators to learn about current research on cies shall— on what steps all Federal science agencies implicit bias in recruitment, evaluation, and (1) collect data on the usage of the policies have taken to implement policies and prac- promotion of faculty in STEM and recruit- under subsection (c), by gender, at both in- tices to minimize the effects of bias in the ment and evaluation of undergraduate and stitutions of higher education and Federal review of extramural and intramural Federal graduate students in STEM degree programs. research grants. laboratories; and (2) EXISTING GUIDANCE.—In developing the (2) report such data on an annual basis to SEC. 216. COLLECTION OF DATA ON DEMO- guidance in paragraph (1), the Director of the the Director of the Office of Science and GRAPHICS OF FACULTY. National Science Foundation shall utilize (a) COLLECTION OF DATA.— Technology Policy in such form as required guidance already developed by the National (1) IN GENERAL.—Not later than 3 years by the Director. Aeronautics and Space Administration, the after the date of enactment of this Act, and SEC. 214. COLLECTION AND REPORTING OF DATA Department of Energy, and the Department at least every 5 years thereafter, the Direc- ON FEDERAL RESEARCH GRANTS. of Education. tor of the National Science Foundation shall (a) COLLECTION OF DATA.— (3) DISSEMINATION OF GUIDANCE.—The Di- (1) IN GENERAL.—Each Federal science carry out a survey to collect institution- rector of the National Science Foundation agency shall collect standardized record- level data on the demographics of STEM fac- shall broadly disseminate the guidance de- level annual information on demographics, ulty, by broad fields of STEM, at different veloped in paragraph (1) to institutions of primary field, award type, budget request, types of institutions of higher education. higher education that receive Federal re- funding outcome, and awarded budget for all (2) CONSIDERATIONS.—To the extent prac- search funding. applications for merit-reviewed research and ticable, the Director of the National Science (4) REPORTS TO THE NATIONAL SCIENCE FOUN- development grants to institutions of higher Foundation shall consider, by gender, race, DATION.—The Director of the National education and Federal laboratories sup- ethnicity, citizenship status, age, and years Science Foundation shall develop a policy ported by that agency. since completion of doctoral degree— that— (2) UNIFORMITY AND STANDARDIZATION.—The (A) the number and percentage of faculty; (A) applies to, at a minimum, the institu- Director of the Office of Science and Tech- (B) the number and percentage of faculty tions classified under the Indiana University nology Policy shall establish a policy to en- at each rank; Center for Postsecondary Research Carnegie sure uniformity and standardization of the (C) the number and percentage of faculty Classification on January 1, 2015, as a doc- data collection required under paragraph (1). who are in nontenure-track positions, in- torate-granting university with a very high (3) RECORD-LEVEL DATA.— cluding teaching and research; level of research activity; and (A) REQUIREMENT.—On an annual basis, be- (D) the number and percentage of faculty (B) requires each institution identified in ginning with the deadline under subpara- who are reviewed for promotion, including subparagraph (A), not later than 3 years graph (C), each Federal science agency shall tenure, and the percentage of that number after the date of enactment of this Act, to submit to the Director of the National who are promoted, including being awarded report to the Director of the National Science Foundation record-level data col- tenure; Science Foundation on activities and poli- lected under paragraph (1) in the form re- (E) faculty years in rank; cies developed and implemented based on the quired by such Director. (F) the number and percentage of faculty guidance provided in paragraph (1). (B) PREVIOUS DATA.—As part of the first to leave tenure-track positions; (b) BEST PRACTICES AT FEDERAL LABORA- submission under subparagraph (A), each (G) the number and percentage of faculty TORIES.— Federal science agency, to the extent prac- hired, by rank; and (1) DEVELOPMENT OF GUIDANCE.—Not later ticable, shall also submit comparable record- (H) the number and percentage of faculty than 6 months after the date of enactment of level data for the 5 years preceding the dead- in leadership positions. this Act, the Director of the Office of Science line under subparagraph (C). (b) EXISTING SURVEYS.—The Director of the and Technology Policy shall develop written National Science Foundation— (C) DEADLINE.—The deadline under this guidance for Federal laboratories to develop paragraph is 2 years after the date of enact- (1) may carry out the requirements under and implement practices and policies to— ment of this Act. subsection (a) by collaborating with statis- (A) conduct periodic laboratorywide cul- (b) REPORTING OF DATA.—The Director of tical centers at other Federal agencies to ture surveys of research personnel at all lev- the National Science Foundation shall pub- modify or expand, as necessary, existing Fed- els, with a particular focus on identifying lish statistical summary data collected eral surveys of higher education; or any cultural or institutional barriers to the under this section, disaggregated and cross- (2) may award a grant or contract to an in- recruitment, retention, and success of tabulated by race, ethnicity, gender, age, stitution of higher education or other non- women and underrepresented minorities in and years since completion of doctoral de- profit organization to design and carry out STEM careers at Federal laboratories; and gree, including in conjunction with the Na- the requirements under subsection (a). (B) provide educational opportunities, in- tional Science Foundation’s report required (c) REPORTING DATA.—The Director of the cluding workshops as described in subsection National Science Foundation shall publish by section 37 of the Science and Technology (c), for STEM research personnel to learn statistical summary data collected under Equal Opportunities Act (42 U.S.C. 1885d; about current research in implicit bias in re- this section, including as part of the Na- Public Law 96–516). cruitment, evaluation, and promotion of re- tional Science Foundation’s report required SEC. 215. POLICIES FOR REVIEW OF FEDERAL RE- search personnel at Federal laboratories. by section 37 of the Science and Technology SEARCH GRANTS. Equal Opportunities Act (42 U.S.C. 1885d; (2) ESTABLISHMENT OF POLICIES.—Con- (a) IN GENERAL.—The Director of the Office Public Law 96–516). sistent with the guidance provided in para- of Science and Technology Policy, in col- (d) AUTHORIZATION OF APPROPRIATIONS.— graph (1), Federal science agencies with Fed- laboration with the Director of the National There are authorized to be appropriated to eral laboratories shall maintain or develop Science Foundation, shall identify informa- the Director of the National Science Founda- and implement policies for their respective tion and best practices useful for educating tion $3,000,000 for each of fiscal years 2016 Federal laboratories. program officers and members of standing through 2018 to develop and carry out the (c) WORKSHOPS TO ADDRESS CULTURAL BAR- peer review committees at Federal science initial survey required in subsection (a). RIERS TO EXPANDING THE ACADEMIC AND FED- agencies about— ERAL STEM WORKFORCE.— SEC. 217. CULTURAL AND INSTITUTIONAL BAR- (1) research on implicit bias based on gen- RIERS TO EXPANDING THE ACA- (1) IN GENERAL.—Not later than 6 months der, race, or ethnicity; and DEMIC AND FEDERAL STEM WORK- after the date of enactment of this Act, the (2) methods to minimize the effect of such FORCE. Director of the National Science Foundation bias in the review of extramural and intra- (a) BEST PRACTICES AT INSTITUTIONS OF shall recommend a uniform policy for Fed- mural Federal research grants. HIGHER EDUCATION.— eral science agencies to carry out a program

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of workshops that educate STEM depart- (7) DATA ON WORKSHOPS.—Any proposal for (2) a description of any significant updates ment chairs at institutions of higher edu- funding by an organization seeking to carry to the policies for review of Federal research cation, senior managers at Federal labora- out a workshop under this subsection shall grants required under section 215, and any tories, and other federally funded research- include a description of how such organiza- evidence of the impact of such policies on ers about methods that minimize the effects tion will— the review or awarding of Federal research of implicit bias in the career advancement, (A) collect data on the rates of attendance grants; and including hiring, tenure, promotion, and se- by invitees in workshops, including informa- (3) a description and evaluation of the sta- lection for any honor based in part on the re- tion on the home institution and department tus of Federal laboratory policies and prac- cipient’s research record, of academic and of attendees, and the rank of faculty tices required under section 217(b), including Federal STEM researchers. attendees; any recommendations for revising or expand- (2) INTERAGENCY COORDINATION.—The Direc- (B) conduct attitudinal surveys on work- ing such policies. tor of the National Science Foundation shall shop attendees before and after the work- SEC. 220. NATIONAL SCIENCE FOUNDATION SUP- ensure that workshops supported under this shops; and PORT FOR INCREASING DIVERSITY subsection are coordinated across Federal (C) collect follow-up data on any relevant AMONG STEM FACULTY AT INSTITU- TIONS OF HIGHER EDUCATION. science agencies and jointly supported as ap- institutional policy or practice changes re- (a) GRANTS.—The Director of the National propriate. ported by attendees not later than 1 year Science Foundation shall award grants to in- (3) MINIMIZING COSTS.—To the extent prac- after attendance in such a workshop. stitutions of higher education (or consortia ticable, workshops shall be held in conjunc- (8) REPORT TO NSF.—Organizations receiv- ing funding to carry out workshops under thereof) for the development of innovative tion with national or regional STEM dis- reform efforts designed to increase the re- ciplinary meetings to minimize costs associ- this subsection shall report the data required in paragraph (7) to the Director of the Na- cruitment, retention, and advancement of in- ated with participant travel. dividuals from underrepresented minority (4) PRIORITY FIELDS FOR ACADEMIC PARTICI- tional Science Foundation in such form as required by such Director. groups in academic STEM careers. PANTS.—In considering the participation of (b) MERIT REVIEW; COMPETITION.—Grants (d) REPORT TO CONGRESS.—Not later than 4 STEM department chairs and other aca- shall be awarded under this section on a demic researchers, the Director of the Na- years after the date of enactment of this Act, the Director of the National Science merit-reviewed, competitive basis. tional Science Foundation shall prioritize (c) USE OF FUNDS.—Activities supported by Foundation shall submit a report to Con- workshops for the broad fields of STEM in grants under this section may include— gress that includes— which the national rate of representation of (1) institutional assessment activities, (1) a summary and analysis of the types women among tenured or tenure-track fac- such as data analyses and policy review, in and frequency of activities and policies de- ulty or non-faculty researchers at doctorate- order to identify and address specific issues veloped and carried out under subsection (a) granting institutions of higher education is in the recruitment, retention, and advance- based on the reports submitted under para- less than 25 percent, according to the most ment of faculty members from underrep- graph (4) of such subsection; and recent data available from the National Cen- resented minority groups; (2) a description and evaluation of the sta- ter for Science and Engineering Statistics. (2) implementation of institution-wide im- tus and effectiveness of the program of work- (5) ORGANIZATIONS ELIGIBLE TO CARRY OUT provements in workload distribution, such shops required under subsection (c), includ- WORKSHOPS.—Federal science agencies may that faculty members from underrepresented ing a summary of any data reported under carry out the program of workshops under minority groups are not disadvantaged in paragraph (8) of such subsection. this subsection by making grants to eligible (e) AUTHORIZATION OF APPROPRIATIONS.— the amount of time available to focus on re- organizations. In addition to any other orga- There are authorized to be appropriated to search, publishing papers, and engaging in nizations made eligible by the Federal the Director of the National Science Founda- other activities required to achieve tenure science agencies, the following organizations tion $2,000,000 for each of fiscal years 2016 status and run a productive research pro- are eligible for grants under this subsection: through 2020 to carry out this section. gram; (A) Nonprofit scientific and professional SEC. 218. RESEARCH AND DISSEMINATION AT (3) development and implementation of societies and organizations that represent THE NATIONAL SCIENCE FOUNDA- training courses for administrators and one or more STEM disciplines. TION. search committee members to ensure that (B) Nonprofit organizations that have the (a) IN GENERAL.—The Director of the Na- candidates from underrepresented minority primary mission of advancing the participa- tional Science Foundation shall award re- groups are not subject to implicit biases in tion of women or underrepresented minori- search grants and carry out dissemination the search and hiring process; ties in STEM. activities consistent with the purposes of (4) development and hosting of intra- or (6) CHARACTERISTICS OF WORKSHOPS.—The this subtitle, including— inter-institutional workshops to propagate workshops shall have the following charac- (1) research grants to analyze the record- best practices in recruiting, retaining, and teristics: level data collected under section 214 and advancing faculty members from underrep- (A) Invitees to workshops shall include at section 216, consistent with policies to en- resented minority groups; least— sure the privacy of individuals identifiable (5) professional development opportunities (i) the chairs of departments in the rel- by such data; for faculty members from underrepresented evant STEM discipline or disciplines from at (2) research grants to study best practices minority groups; least the top 50 institutions of higher edu- for work-life accommodation; (6) activities aimed at making under- cation, as determined by the amount of Fed- (3) research grants to study the impact of graduate STEM students from underrep- eral research and development funds obli- policies and practices that are implemented resented minority groups aware of opportu- gated to each institution of higher education under this subtitle or that are otherwise con- nities for academic careers in STEM fields; in the prior year based on data available sistent with the purposes of this subtitle; (7) activities to identify and engage excep- from the National Science Foundation; and (4) collaboration with other Federal tional graduate students from underrep- (ii) in the case of Federal laboratories, in- science agencies and professional associa- resented minority groups at various stages dividuals with personnel management re- tions to exchange best practices, harmonize of their studies and to encourage them to sponsibilities comparable to those of an in- work-life accommodation policies and prac- enter academic careers; and stitution of higher education department tices, and overcome common barriers to (8) other activities consistent with sub- chair. work-life accommodation; and section (a), as determined by the Director of (B) Activities at the workshops shall in- (5) collaboration with institutions of high- the National Science Foundation. clude research presentations and interactive er education in order to clarify and catalyze (d) SELECTION PROCESS.— discussions or other activities that increase the adoption of a coherent and consistent set (1) APPLICATION.—An institution of higher the awareness of the existence of implicit of work-life accommodation policies and education (or consortia thereof) seeking bias in recruitment, hiring, tenure review, practices. funding under this section shall submit an promotion, and other forms of formal rec- (b) AUTHORIZATION OF APPROPRIATIONS.— application to the Director of the National ognition of individual achievement for fac- There are authorized to be appropriated to Science Foundation at such time, in such ulty and other federally funded STEM re- the Director of the National Science Founda- manner, and containing such information searchers and shall provide strategies to tion $5,000,000 for each of fiscal years 2016 and assurances as such Director may require. overcome such bias. through 2020 to carry out this section. The application shall include, at a minimum, (C) Research presentations and other work- SEC. 219. REPORT TO CONGRESS. a description of— shop programs, as appropriate, shall include Not later than 4 years after the date of en- (A) the reform effort that is being proposed a discussion of the unique challenges faced actment of this Act, the Director of the Of- for implementation by the institution of by underrepresented subgroups, including fice of Science and Technology Policy shall higher education; minority women, minority men, and first submit a report to Congress that includes— (B) any available evidence of specific dif- generation minority graduates in research. (1) a description and evaluation of the sta- ficulties in the recruitment, retention, and (D) Workshop programs shall include infor- tus and usage of caregiver policies at all advancement of faculty members from mation on best practices for mentoring un- Federal science agencies, including any rec- underrepresented minority groups in STEM dergraduate and graduate women and under- ommendations for revising or expanding academic careers within the institution of represented minority students. such policies; higher education submitting an application,

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3469 and how the proposed reform effort would ad- ment to increasing the participation of stu- (B) the degree to which the proposed re- dress such issues; dents from underrepresented minority form effort will contribute to change in in- (C) how the institution of higher education groups in STEM fields; stitutional culture and policy such that submitting an application plans to sustain (6) expansion of successful reforms aimed greater value is placed on faculty engage- the proposed reform effort beyond the dura- at increasing the number of STEM students ment in the retention of students from tion of the grant; and from underrepresented minority groups be- underrepresented minority groups; (D) how the success and effectiveness of yond a single course or group of courses to (C) the likelihood that the institution will the proposed reform effort will be evaluated achieve reform within an entire academic sustain or expand the proposed reform effort and assessed in order to contribute to the na- unit, or expansion of successful reform ef- beyond the period of the grant; and tional knowledge base about models for cata- forts beyond a single academic unit to other (D) the degree to which evaluation and as- lyzing institutional change. STEM academic units within an institution sessment plans are included in the design of (2) REVIEW OF APPLICATIONS.—In selecting of higher education; the proposed reform effort. grant recipients under this section, the Di- (7) expansion of opportunities for students (3) PRIORITY.—For applications that in- rector of the National Science Foundation from underrepresented minority groups to clude an expansion of existing reforms be- shall consider, at a minimum— conduct STEM research in industry, at Fed- yond a single academic unit, the Director of (A) the likelihood of success in under- eral laboratories, and at international re- the National Science Foundation shall give taking the proposed reform effort at the in- search institutions or research sites; priority to applications for which a senior stitution of higher education submitting the (8) provision of stipends for students from institutional administrator, such as a dean application, including the extent to which underrepresented minority groups partici- or other administrator of equal or higher the administrators of the institution are pating in research; rank, serves as the principal investigator. committed to making the proposed reform (9) development of research collaborations (4) GRANT DISTRIBUTION.—The Director of effort a priority; between research-intensive universities and the National Science Foundation shall en- (B) the degree to which the proposed re- primarily undergraduate minority-serving sure, to the extent practicable, that grants form effort will contribute to change in in- institutions; awarded under this section are made to a va- stitutional culture and policy such that (10) support for graduate students and riety of types of institutions of higher edu- greater value is placed on the recruitment, postdoctoral fellows from underrepresented cation, including two-year and minority- retention, and advancement of faculty mem- minority groups to participate in instruc- serving institutions of higher education. bers from underrepresented minority groups; tional or assessment activities at primarily (e) EDUCATION RESEARCH.— (C) the likelihood that the institution of undergraduate institutions, including pri- (1) IN GENERAL.—All grants made under higher education will sustain or expand the marily undergraduate minority-serving in- this section shall include an education re- proposed reform effort beyond the period of stitutions and two-year institutions of high- search component that will support the de- the grant; and er education; and sign and implementation of a system for (D) the degree to which evaluation and as- (11) other activities consistent with sub- data collection and evaluation of proposed sessment plans are included in the design of section (a), as determined by the Director of reform efforts in order to build the knowl- the proposed reform effort. the National Science Foundation. edge base on promising models for increasing (3) GRANT DISTRIBUTION.—The Director of (d) SELECTION PROCESS.— recruitment and retention of students from the National Science Foundation shall en- (1) APPLICATION.—An institution of higher underrepresented minority groups in STEM sure, to the extent practicable, that grants education (or consortium thereof) seeking a education at the undergraduate level across awarded under this section are made to a va- grant under this section shall submit an ap- a diverse set of institutions. riety of types of institutions of higher edu- plication to the Director of the National (2) DISSEMINATION.—The Director of the cation. Science Foundation at such time, in such National Science Foundation shall coordi- (e) AUTHORIZATION OF APPROPRIATIONS.— manner, and containing such information nate with relevant Federal agencies in dis- There are authorized to be appropriated to and assurances as such Director may require. seminating the results of the research under the Director of the National Science Founda- The application shall include, at a min- this subsection to ensure that best practices tion $10,000,000 for each of fiscal years 2016 imum— in broadening participation in STEM edu- through 2020 to carry out this section. (A) a description of the proposed reform ef- cation at the undergraduate level are made SEC. 221. NATIONAL SCIENCE FOUNDATION SUP- fort; readily available to all institutions of higher PORT FOR BROADENING PARTICIPA- (B) a description of the research findings education, other Federal agencies that sup- TION IN UNDERGRADUATE STEM EDUCATION. that will serve as the basis for the proposed port STEM programs, non-Federal funders of (a) GRANTS.—The Director of the National reform effort or, in the case of applications STEM education, and the general public. Science Foundation shall award grants to in- that propose an expansion of a previously (f) AUTHORIZATION OF APPROPRIATIONS.— stitutions of higher education (or consortia implemented reform, a description of the There are authorized to be appropriated to thereof) to implement or expand research- previously implemented reform effort, in- the Director of the National Science Founda- based reforms in undergraduate STEM edu- cluding data about the recruitment, reten- tion $15,000,000 for each of fiscal years 2016 cation for the purpose of recruiting and re- tion, and academic achievement of students through 2020 to carry out this section. from underrepresented minority groups; taining students from minority groups who SEC. 222. DEFINITIONS. are underrepresented in STEM fields, with a (C) evidence of an institutional commit- priority focus on natural science and engi- ment to, and support for, the proposed re- (a) THIS SUBTITLE.—In this subtitle: neering fields. form effort, including a long-term commit- (1) FEDERAL LABORATORY.—The term ‘‘Fed- (b) MERIT REVIEW; COMPETITION.—Grants ment to implement successful strategies eral laboratory’’ has the meaning given such shall be awarded under this section on a from the current reform beyond the aca- term in section 4 of the Stevenson-Wydler merit-reviewed, competitive basis. demic unit or units included in the grant Technology Innovation Act of 1980 (15 U.S.C. (c) USE OF FUNDS.—Activities supported by proposal; 3703). grants under this section may include— (D) a description of existing or planned in- (2) FEDERAL SCIENCE AGENCY.—The term (1) implementation or expansion of innova- stitutional policies and practices regarding ‘‘Federal science agency’’ means any Federal tive, research-based approaches to broaden faculty hiring, promotion, tenure, and teach- agency with at least $100,000,000 in research participation of underrepresented minority ing assignment that reward faculty contribu- and development expenditures in fiscal year groups in STEM fields; tions to improving the education of students 2014. (2) implementation or expansion of bridge, from underrepresented minority groups in (3) INSTITUTION OF HIGHER EDUCATION.—The cohort, tutoring, or mentoring programs de- STEM; and term ‘‘institution of higher education’’ has signed to enhance the recruitment and reten- (E) how the success and effectiveness of the the meaning given such term in section tion of students from underrepresented mi- proposed reform effort will be evaluated and 101(a) of the Higher Education Act of 1965 (20 nority groups in STEM fields; assessed in order to contribute to the na- U.S.C. 1001(a)). (3) implementation or expansion of out- tional knowledge base about models for cata- (4) STEM.—The term ‘‘STEM’’ means reach programs linking institutions of high- lyzing institutional change. science, technology, engineering, and mathe- er education and K–12 school systems in (2) REVIEW OF APPLICATIONS.—In selecting matics, including other academic subjects order to heighten awareness among pre-col- grant recipients under this section, the Di- that build on these disciplines such as com- lege students from underrepresented minor- rector of the National Science Foundation puter science. ity groups of opportunities in college-level shall consider, at a minimum— (b) NATIONAL SCIENCE FOUNDATION AUTHOR- STEM fields and STEM careers; (A) the likelihood of success of the pro- IZATION ACT OF 2002.—Section 4 of the Na- (4) implementation or expansion of faculty posed reform effort at the institution sub- tional Science Foundation Authorization development programs focused on improving mitting the application, including the extent Act of 2002 (42 U.S.C. 1862n note) is amend- retention of undergraduate STEM students to which the faculty, staff, and administra- ed— from underrepresented minority groups; tors of the institution are committed to (1) by redesignating paragraph (16) as para- (5) implementation or expansion of mecha- making the proposed institutional reform a graph (17); and nisms designed to recognize and reward fac- priority of the participating academic unit (2) by inserting after paragraph (15) the fol- ulty members who demonstrate a commit- or units; lowing new paragraph:

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AUTHORIZATION OF APPROPRIATIONS. contracts; and cybersecurity, transportation, and national (a) FISCAL YEAR 2016.— (F) $16,080,000 shall be made available for defense, supporting informed decisionmaking (1) IN GENERAL.—There are authorized to be the Office of Inspector General. in foreign and domestic policy. appropriated to the Foundation $7,723,550,000 (b) SENSE OF CONGRESS.—It is the sense of for fiscal year 2016. (d) FISCAL YEAR 2019.— (1) IN GENERAL.—There are authorized to be Congress that in order to achieve its mission (2) SPECIFIC ALLOCATIONS.—Of the amount ‘‘to promote the progress of science; to ad- authorized under paragraph (1)— appropriated to the Foundation $8,907,820,000 vance the national health, prosperity, and (A) $6,186,300,000 shall be made available for for fiscal year 2019. welfare; to secure the national defense’’ the research and related activities; (2) SPECIFIC ALLOCATIONS.—Of the amount Foundation must continue to support unfet- (B) $962,570,000 shall be made available for authorized under paragraph (1)— tered, competitive, merit-reviewed basic re- education and human resources; (A) $7,161,420,000 shall be made available for search across all fields of science and engi- (C) $200,310,000 shall be made available for research and related activities; neering, including the social, behavioral, and major research equipment and facilities con- (B) $1,114,300,000 shall be made available for economic sciences. struction; education and human resources; (D) $354,840,000 shall be made available for (C) $200,000,000 shall be made available for SEC. 303. NATIONAL SCIENCE FOUNDATION agency operations and award management; major research equipment and facilities con- MERIT REVIEW. (E) $4,370,000 shall be made available for struction; (a) SENSE OF CONGRESS.—It is the sense of the Office of the National Science Board, in- (D) $410,770,000 shall be made available for Congress that— cluding salaries and compensation for mem- agency operations and award management; (1) the Foundation’s Intellectual Merit and bers of the Board and staff appointed under (E) $4,780,000 shall be made available for Broader Impacts criteria remain appropriate section 4 of the National Science Foundation the Office of the National Science Board, in- for evaluating grant proposals, as concluded Act of 1950 (42 U.S.C. 1863), travel and train- cluding salaries and compensation for mem- by the 2011 National Science Board Task ing costs for members of the Board and such bers of the Board and staff appointed under Force on Merit Review; staff, general and Board operating expenses, section 4 of the National Science Foundation (2) evaluating proposals on the basis of the representational expenses for the Board, Act of 1950 (42 U.S.C. 1863), travel and train- Foundation’s Intellectual Merit and Broader honorary awards made by the Board, Board ing costs for members of the Board and such Impacts criteria ensures that— reports (other than the report entitled staff, general and Board operating expenses, (A) proposals funded by the Foundation are ‘‘Science and Engineering Indicators’’), and representational expenses for the Board, of high quality and advance scientific knowl- contracts; and honorary awards made by the Board, Board edge; and (F) $15,160,000 shall be made available for reports (other than the report entitled (B) the Foundation’s overall funding port- the Office of Inspector General. ‘‘Science and Engineering Indicators’’), and folio addresses societal needs through re- (b) FISCAL YEAR 2017.— contracts; and search findings or through related activities; (1) IN GENERAL.—There are authorized to be (F) $16,570,000 shall be made available for and appropriated to the Foundation $8,099,010,000 the Office of Inspector General. (3) as evidenced by the Foundation’s con- for fiscal year 2017. (e) FISCAL YEAR 2020.— tributions to scientific advancement, eco- (2) SPECIFIC ALLOCATIONS.—Of the amount (1) IN GENERAL.—There are authorized to be nomic development, human health, and na- authorized under paragraph (1)— appropriated to the Foundation $9,342,790,000 tional security, its peer review and merit re- (A) $6,495,620,000 shall be made available for for fiscal year 2020. view processes have successfully identified research and related activities; (2) SPECIFIC ALLOCATIONS.—Of the amount and funded scientifically and societally rel- (B) $1,010,700,000 shall be made available for authorized under paragraph (1)— evant research, remain the gold standard for education and human resources; (A) $7,519,490,000 shall be made available for the world, and must be preserved. (C) $200,000,000 shall be made available for research and related activities; (b) CRITERIA.—The Foundation shall main- major research equipment and facilities con- (B) $1,170,010,000 shall be made available for tain the Intellectual Merit and Broader Im- struction; education and human resources; pacts criteria as the basis for evaluating (D) $372,580,000 shall be made available for (C) $200,000,000 shall be made available for grant proposals in the merit review process. agency operations and award management; major research equipment and facilities con- SEC. 304. MANAGEMENT AND OVERSIGHT OF (E) $4,500,000 shall be made available for struction; LARGE FACILITIES. the Office of the National Science Board, in- (D) $431,310,000 shall be made available for (a) LARGE FACILITIES OFFICE.—The Direc- cluding salaries and compensation for mem- agency operations and award management; tor shall maintain a Large Facilities Office bers of the Board and staff appointed under (E) $4,920,000 shall be made available for within the Foundation. The functions of the section 4 of the National Science Foundation the Office of the National Science Board, in- Large Facilities Office shall be to support Act of 1950 (42 U.S.C. 1863), travel and train- cluding salaries and compensation for mem- the research directorates in the development ing costs for members of the Board and such bers of the Board and staff appointed under and implementation of major research facili- staff, general and Board operating expenses, section 4 of the National Science Foundation ties, including by— representational expenses for the Board, Act of 1950 (42 U.S.C. 1863), travel and train- (1) serving as the Foundation’s primary re- honorary awards made by the Board, Board ing costs for members of the Board and such source for all policy or process issues related reports (other than the report entitled staff, general and Board operating expenses, to the development and implementation of ‘‘Science and Engineering Indicators’’), and representational expenses for the Board, major research facilities; contracts; and honorary awards made by the Board, Board (2) serving as a Foundation-wide resource (F) $15,610,000 shall be made available for reports (other than the report entitled on project management, including providing the Office of Inspector General. ‘‘Science and Engineering Indicators’’), and expert assistance on nonscientific and non- (c) FISCAL YEAR 2018.— contracts; and technical aspects of project planning, budg- (1) IN GENERAL.—There are authorized to be (F) $17,060,000 shall be made available for eting, implementation, management, and appropriated to the Foundation $8,493,560,000 the Office of Inspector General. oversight; and for fiscal year 2018. SEC. 302. FINDINGS AND SENSE OF CONGRESS ON (3) coordinating and collaborating with re- (2) SPECIFIC ALLOCATIONS.—Of the amount SUPPORT FOR ALL FIELDS OF search directorates to share best manage- authorized under paragraph (1)— SCIENCE AND ENGINEERING. ment practices and lessons learned from (A) $6,820,400,000 shall be made available for (a) FINDINGS.—Congress finds that the prior projects. research and related activities; Foundation’s investments in social, behav- (b) OVERSIGHT OF LARGE FACILITIES.—The (B) $1,061,230,000 shall be made available for ioral, and economic research have addressed Director shall appoint a senior agency offi- education and human resources; challenges, including— cial within the Office of the Director whose (C) $200,000,000 shall be made available for (1) in medicine, matching organ donors to primary responsibility is oversight of major major research equipment and facilities con- patients, leading to a dramatic growth in research facilities. The duties of this official struction; paired kidney transplants; shall include— (D) $391,210,000 shall be made available for (2) in policing, implementing predictive (1) oversight of the development, construc- agency operations and award management; models that help to yield significant reduc- tion, and operation of major research facili- (E) $4,640,000 shall be made available for tions in crime; ties across the Foundation; the Office of the National Science Board, in- (3) in resource allocation, developing the (2) in collaboration with the directors of cluding salaries and compensation for mem- theories underlying the Federal Communica- the research directorates and other senior

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agency officials as appropriate, ensuring (c) REPORT.—Not later than 2 years after the meaning given such term in section that the requirements of section 14(a) of the the date of enactment of this Act, the Direc- 101(a) of the Higher Education Act of 1965 (20 National Science Foundation Authorization tor shall provide a report to Congress on in- U.S.C. 1001(a)). Act of 2002 are satisfied; stitutional research partnerships identified (4) STEM.—The term ‘‘STEM’’ means (3) serving as a liaison to the National in subsection (a) funded in the 2 previous fis- science, technology, engineering, and mathe- Science Board for approval and oversight of cal years and make any recommendations matics, including other academic subjects major research facilities; and for how such partnerships can continue to be that build on these disciplines such as com- (4) periodically reviewing and updating as strengthened. puter science. necessary Foundation policies and guidelines SEC. 307. INNOVATION CORPS. Subtitle B—STEM Education (a) SENSE OF CONGRESS.—It is the sense of for the development and construction of SEC. 321. NATIONAL SCIENCE BOARD REPORT ON major research facilities. Congress that— CONSOLIDATION OF STEM EDU- (c) POLICIES FOR COSTING LARGE FACILI- (1) the National Science Foundation’s In- CATION ACTIVITIES AT THE FOUN- TIES.— novation Corps (I-Corps) was established to DATION. (1) IN GENERAL.—The Director shall ensure foster a national innovation ecosystem by (a) IN GENERAL.—The National Science that the Foundation’s policies for developing encouraging institutions, scientists, engi- Board shall review and evaluate the appro- and managing major research facility con- neers, and entrepreneurs to identify and ex- priateness of the Foundation’s portfolio of struction costs are consistent with the best plore the innovation and commercial poten- STEM education programs and activities at practices described in the March 2009 General tial of Foundation-funded research well be- the pre-K–12 and undergraduate levels, in- Accountability Office Report GAO–09–3SP. yond the laboratory; cluding informal education, taking into ac- (2) REPORT.—Not later than 12 months (2) the Foundation’s I-Corps includes in- count the mission of the Foundation and the after the date of enactment of this Act, the vestments in entrepreneurship and commer- 2013 Federal STEM Education 5-Year Stra- Director shall submit to Congress a report cialization education, training, and men- tegic Plan. describing the Foundation’s policies for de- toring, ultimately leading to the practical (b) REPORT.—Not later than 1 year after veloping and managing major research facil- deployment of technologies, products, proc- the date of enactment of this Act, the Na- ity construction costs, including a descrip- esses, and services that improve the Nation’s tional Science Board shall submit to Con- tion of any aspects of the policies that di- competitiveness, promote economic growth, gress a report summarizing their findings verge from the best practices recommended and benefit society; and and including— in General Accountability Office Report (3) by building networks of entrepreneurs, (1) an analysis of how well the Founda- GAO–09–3SP. educators, mentors, institutions, and col- tion’s portfolio of STEM education programs SEC. 305. SUPPORT FOR POTENTIALLY TRANS- laborations, and supporting specialized edu- is contributing to the mission of the Founda- FORMATIVE RESEARCH. cation and training, I-Corps is at the leading tion; (a) IN GENERAL.—The Director shall estab- edge of a strong, lasting foundation for an (2) an analysis of how well STEM edu- lish and periodically update grant solicita- American innovation ecosystem. cation programs and activities are coordi- tion, merit review, and funding policies and (b) PROGRAM.— nated and best practices are shared across mechanisms designed to identify and provide (1) IN GENERAL.—The Director shall carry the Foundation; support for high-risk, high-reward basic re- out a program to award grants for entrepre- (3) an analysis of how well the Founda- search proposals. neurship and commercialization education tion’s portfolio of STEM education programs (b) POLICIES AND MECHANISMS.—Such poli- to Foundation-funded researchers to increase is aligned with and contributes to priority cies and mechanisms may include— the economic and social impact of federally STEM education investment areas described (1) development of solicitations specifi- funded research. in the 2013 Federal STEM Education 5-Year cally for high-risk, high-reward basic re- (2) PURPOSES.—The purpose of the program Strategic Plan; search; shall be to increase the capacity of STEM re- (4) any Board recommendations regarding (2) establishment of review panels for the searchers and students to successfully en- internal reorganization, including consolida- primary purpose of selecting high-risk, high- gage in entrepreneurial activities and to tion, of the Foundation’s STEM education reward proposals; help transition the results of federally fund- programs and activities, taking into account (3) development of guidance to standard re- ed research into the marketplace by— both the mission of the Foundation and the view panels to encourage the identification (A) identifying STEM research that can 2013 Federal STEM Education 5-Year Stra- and consideration of high-risk, high-reward lead to the practical deployment of tech- tegic Plan; proposals; and nologies, products, processes, and services (5) any Board recommendations regarding (4) support for workshops and other con- that improve the Nation’s economic com- the Foundation’s role in helping to imple- ferences with the primary purpose of identi- petitiveness; ment the Federal STEM Education 5-Year fying new opportunities for high-risk, high- (B) bringing STEM researchers and stu- Strategic Plan, including opportunities for reward basic research, especially at inter- dents together with entrepreneurs, venture the Foundation to more effectively partner disciplinary interfaces. capitalists, and other industry representa- and collaborate with other Federal agencies; (c) DEFINITION.—For purposes of this sec- tives experienced in commercialization of and tion, the term ‘‘high-risk, high-reward basic new technologies; (6) any additional Board recommendations research’’ means research driven by ideas (C) supporting entrepreneurship and com- regarding specific management, policy, that have the potential to radically change mercialization education and training for budget, or other steps the Foundation should our understanding of an important existing faculty, students, postdoctoral fellows, and take to increase effectiveness and account- scientific or engineering concept, or leading other STEM researchers; and ability across its portfolio of STEM edu- to the creation of a new paradigm or field of (D) promoting the development of regional cation programs and activities. and national networks of entrepreneurs, ven- science or engineering, and that is character- SEC. 322. MODELS FOR GRADUATE STUDENT SUP- ized by its challenge to current under- ture capitalists, and other industry rep- PORT. standing or its pathway to new frontiers. resentatives who can serve as mentors to re- (a) IN GENERAL.—The Director shall enter SEC. 306. STRENGTHENING INSTITUTIONAL RE- searchers and students at Foundation-funded into an agreement with the National Re- SEARCH PARTNERSHIPS. institutions across the country. search Council to convene a workshop or (a) IN GENERAL.—For any Foundation re- (3) ADDITIONAL USE OF FUNDS.—Grants roundtable to examine models of Federal search grant, in an amount greater than awarded under this subsection may be used support for STEM graduate students, includ- $5,000,000, to be carried out through a part- to help support— ing the Foundation’s Graduate Research Fel- nership that includes one or more minority- (A) prototype and proof-of-concept devel- lowship program and comparable fellowship serving institutions or predominantly under- opment for the funded project; and programs at other agencies, traineeship pro- graduate institutions and one or more insti- (B) additional activities needed to build a grams, and the research assistant model. tutions described in subsection (b), the Di- national infrastructure for STEM entrepre- (b) PURPOSE.—The purpose of the workshop rector shall award funds directly, according neurship. or roundtable shall be to compare and evalu- to the budget justification described in the (4) OTHER FEDERAL AGENCIES.—The Direc- ate the extent to which each of these models grant proposal, to at least two of the institu- tor may establish agreements with other helps to prepare graduate students for di- tions of higher education in the partnership, Federal agencies that fund scientific re- verse careers utilizing STEM degrees, includ- including at least one minority-serving in- search to make researchers funded by those ing at diverse types of institutions of higher stitution or one predominantly under- agencies eligible to participate in the Foun- education, in industry, and at government graduate institution, to ensure a strong and dation’s Innovation Corps program. agencies and research laboratories, and to equitable partnership. SEC. 308. DEFINITIONS. make recommendations regarding— (b) INSTITUTIONS.—The institutions re- For purposes of this title: (1) how current Federal programs and mod- ferred to in subsection (a) are institutions of (1) DIRECTOR.—The term ‘‘Director’’ means els, including programs and models at the higher education that are among the 100 in- the Director of the Foundation. Foundation, can be improved; stitutions receiving, over the 3-year period (2) FOUNDATION.—The term ‘‘Foundation’’ (2) the appropriateness of the current dis- immediately preceding the awarding of means the National Science Foundation. tribution of funding among the different grants, the highest amount of research fund- (3) INSTITUTION OF HIGHER EDUCATION.—The models at the Foundation and across the ing from the Foundation. term ‘‘institution of higher education’’ has agencies; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3472 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (3) the appropriateness of creating a new yond a single course or group of courses to gration of industry standards and workplace education and training program for graduate achieve reform within an entire academic competencies into the curriculum; students distinct from programs that provide unit, or expansion of successful reform ef- ‘‘(2) the development and implementation direct financial support, including the grants forts beyond a single academic unit to other of faculty professional development pro- authorized in section 527 of the America STEM academic units within an institution grams that enhance a faculty member’s ca- COMPETES Reauthorization Act of 2010 (42 or to comparable academic units at other in- pabilities and teaching skills in advanced U.S.C. 1862p–15). stitutions. manufacturing, including efforts to under- (c) CRITERIA.—At a minimum, in com- ‘‘(d) SELECTION PROCESS.— stand current advanced manufacturing tech- paring programs and models, the workshop ‘‘(1) APPLICATIONS.—An institution of high- nologies and practices; or roundtable participants shall consider the er education or other eligible nonprofit orga- ‘‘(3) the establishment of centers that pro- capacity of such programs or models to pro- nization seeking a grant under this section vide models and leadership in advanced man- vide students with knowledge and skills— shall submit an application to the Director ufacturing education and serve as regional or (1) to become independent, creative, suc- at such time, in such manner, and con- national clearinghouses for educational ma- cessful researchers; taining such information as the Director terials and methods, including in rural areas; (2) to participate in large interdisciplinary may require. In addition to a description of ‘‘(4) activities to enhance the recruitment research projects, including in an inter- the proposed research, development, or scal- and retention of students into certification national context; ing effort, including a description of the re- and degree programs in advanced manufac- (3) to adhere to the highest standards for search findings that will serve as the basis turing, including the provision of improved research ethics; for the proposed effort, applications shall in- mentoring and internship opportunities; (4) to become high-quality teachers uti- clude, at a minimum— ‘‘(5) the establishment of partnerships with lizing the most currently available evidence- ‘‘(A) evidence of institutional support for, private sector entities to ensure the develop- based pedagogy; and commitment to, the proposed effort, in- ment of an advanced manufacturing work- (5) in oral and written communication, to cluding long-term commitment to imple- force with the skills necessary to meet re- both technical and nontechnical audiences; ment and scale successful strategies result- gional economic needs; and (6) in innovation, entrepreneurship, and ing from the current effort; ‘‘(6) other activities as determined appro- business ethics; and ‘‘(B) a description of existing or planned priate by the Director.’’. (7) in program management. institutional policies and practices regarding SEC. 325. STEM EDUCATION PARTNERSHIPS. (d) GRADUATE STUDENT INPUT.—The par- faculty hiring, promotion, tenure, and teach- Section 9 of the National Science Founda- ticipants in the workshop or roundtable ing assignment that reward faculty contribu- tion Authorization Act of 2002 (42 U.S.C. shall include current or recent STEM grad- tions to undergraduate STEM education; and 1862n) is amended— uate students. ‘‘(C) a description of the plans for assess- (1) in the section heading, by striking (e) REPORT.—Not later than 1 year after ment and evaluation of the effort, including ‘‘MATHEMATICS AND SCIENCE’’ and inserting the date of enactment of this Act, the Na- evidence of participation by individuals with ‘‘STEM’’; tional Research Council shall submit to Con- experience in assessment and evaluation of (2) by striking ‘‘mathematics and science’’ gress a summary report of the findings and teaching and learning programs. each place it appears in subsections (a) and recommendations of the workshop or round- ‘‘(2) REVIEW OF APPLICATIONS.—In selecting (b) and inserting ‘‘STEM’’; table convened under this section. grant recipients for funding under this sec- (3) by striking ‘‘mathematics or science’’ SEC. 323. UNDERGRADUATE STEM EDUCATION tion, the Director shall consider, as appro- each place it appears in subsection (a)(3) and REFORM. priate to the scale of the proposed effort— (4)(A) and inserting ‘‘STEM’’; Section 17 of the National Science Founda- ‘‘(A) the likelihood of success in under- (4) by striking ‘‘mathematics, science, or tion Authorization Act of 2002 (42 U.S.C. taking the proposed effort at the institution engineering’’ in subsection (a)(2)(B) and in- 1862n–6) is amended to read as follows: submitting the application, including the ex- serting ‘‘STEM’’; ‘‘SEC. 17. UNDERGRADUATE STEM EDUCATION tent to which the faculty, staff, and adminis- (5) by striking ‘‘mathematics, science, and REFORM. trators of the institution are committed to technology’’ in subsection (a)(3)(B)(ii)(II) and ‘‘(a) IN GENERAL.—The Director, through making undergraduate STEM education re- (8) and inserting ‘‘STEM’’; the Directorate for Education and Human form a priority of the participating academic (6) by striking ‘‘professional mathemati- Resources, shall award grants, on a competi- unit or units; cians, scientists, and engineers’’ in sub- tive, merit-reviewed basis, to institutions of ‘‘(B) the degree to which the proposed ef- section (a)(3)(F) and inserting ‘‘STEM profes- higher education (or to consortia thereof) fort will contribute to change in institu- sionals’’; and to other eligible nonprofit organizations tional culture and policy such that a greater (7) by striking ‘‘mathematicians, sci- to reform undergraduate STEM education value is placed on faculty engagement in un- entists, and engineers’’ in subsection (a)(3)(J) for the purpose of increasing the number and dergraduate education; and (M) and inserting ‘‘STEM professionals’’; quality of students studying toward and ‘‘(C) the likelihood that the institution (8) by striking ‘‘scientists, technologists, completing baccalaureate degrees in STEM will sustain or expand the effort beyond the engineers, or mathematicians’’ in subsection and improving the STEM learning outcomes period of the grant; and (a)(8) and inserting ‘‘STEM professionals’’; for all undergraduate students. ‘‘(D) the degree to which the proposed ef- (9) by striking ‘‘science, technology, engi- ‘‘(b) INTERDIRECTORATE WORKING GROUP ON fort will contribute to the systematic accu- neering, and mathematics’’ each place it ap- UNDERGRADUATE STEM EDUCATION.—In car- mulation of knowledge on STEM education. pears in subsection (a)(3)(K) and (10) and in- rying out the requirements of this section, ‘‘(3) PRIORITY.—The Director shall give pri- serting ‘‘STEM’’; the Directorate for Education and Human ority to proposals focused on the first 2 years (10) by striking ‘‘science, technology, engi- Resources shall collaborate and coordinate of undergraduate education, including STEM neering, or mathematics’’ in subsection with the Research Directorates, including education at 2-year institutions of higher (a)(10)(A)(ii)(II) and inserting ‘‘STEM’’; through the establishment of an interdirec- education. (11) by striking ‘‘science, mathematics, en- torate working group on undergraduate ‘‘(4) GRANT DISTRIBUTION.—The Director gineering, and technology’’ each place it ap- STEM education reform, in order to identify shall ensure, to the extent practicable, that pears in subsection (a)(5) and inserting and implement new and expanded opportuni- grants awarded under this section are made ‘‘STEM’’; ties for collaboration between STEM dis- to a variety of types of institutions of higher (12) by striking ‘‘science, mathematics, en- ciplinary researchers and education re- education.’’. gineering, or technology’’ in subsection (a)(5) searchers on the reform of undergraduate SEC. 324. ADVANCED MANUFACTURING EDU- and inserting ‘‘STEM’’; STEM education. CATION. (13) by striking ‘‘mathematics, science, en- ‘‘(c) GRANTS.—Research and development Section 506(b) of the America COMPETES gineering, and technology’’ in subsection supported by grants under this section may Reauthorization Act of 2010 (42 U.S.C. 1862p– (b)(1) and (2) and inserting ‘‘STEM’’; and encompass a single discipline, multiple dis- 1(b)) is amended to read as follows: (14) by striking subsection (d). ciplines, or interdisciplinary education at ‘‘(b) ADVANCED MANUFACTURING EDU- SEC. 326. NOYCE SCHOLARSHIP PROGRAM the undergraduate level, and may include— CATION.—The Director shall award grants, on AMENDMENTS. ‘‘(1) research foundational to the improve- a competitive, merit reviewed basis, to com- Section 10A of the National Science Foun- ment of teaching, learning, and retention; munity colleges for the development and im- dation Authorization Act of 2002 (42 U.S.C. ‘‘(2) development, implementation, and as- plementation of innovative advanced manu- 1862n–1a) is amended— sessment of innovative, research-based ap- facturing education reforms to ensure an (1) in subsection (a)(2)(B), by inserting ‘‘or proaches to transforming teaching, learning, adequate and well-trained advanced manu- bachelor’s’’ after ‘‘master’s’’; and retention; and facturing workforce. Activities supported by (2) in subsection (c)— ‘‘(3) scaling of successful efforts on learn- grants under this subsection may include— (A) by striking ‘‘and’’ at the end of para- ing and learning environments, broadening ‘‘(1) the development or expansion of edu- graph (2)(B); participation, workforce preparation, em- cational materials, courses, curricula, strat- (B) in paragraph (3), by— ploying emerging technologies, or other re- egies, and methods that will lead to im- (i) inserting ‘‘for teachers with master’s forms in STEM education, including expan- proved advanced manufacturing degree or degrees in their field’’ after ‘‘Teaching Fel- sion of successful STEM reform efforts be- certification programs, including the inte- lowships’’; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3473 (ii) by striking the period at the end of (2) teacher education and professional de- (B) $65,050,000 shall be authorized for the subparagraph (B) and inserting ‘‘; and’’; and velopment; construction and maintenance of facilities; (C) by adding at the end the following new (3) learning progressions; and paragraph: (4) assessments; (C) $310,000,000 shall be authorized for in- ‘‘(4) in the case of National Science Foun- (5) metrics for evaluating the impact of dustrial technology services activities, of dation Master Teaching Fellowships for standards; and which— teachers with bachelor’s degrees in their (6) other areas of research and development (i) $160,000,000 shall be authorized for the field— that are likely to contribute to the align- Hollings Manufacturing Extension Partner- ‘‘(A) offering academic courses leading to a ment, implementation, impact, and ongoing ship under section 25 of the National Insti- master’s degree and leadership training to improvement of standards in STEM subjects. tute of Standards and Technology Act (15 prepare individuals to become master teach- TITLE IV—NATIONAL INSTITUTE OF U.S.C. 278k) and the program under section ers in elementary and secondary schools; and STANDARDS AND TECHNOLOGY 26 of such Act (15 U.S.C. 278l), of which not ‘‘(B) offering programs both during and SEC. 401. SHORT TITLE. more than $20,000,000 shall be for the com- after matriculation in the program for which This title may be cited as the ‘‘National petitive grant program under section 25(f) of the fellowship is received to enable fellows Institute of Standards and Technology Au- such Act; and to become highly effective mathematics and thorization Act of 2015’’. (ii) $150,000,000 shall be authorized for the science teachers, including mentoring, train- SEC. 402. AUTHORIZATION OF APPROPRIATIONS. Network for Manufacturing Innovation Pro- ing, induction, and professional development (a) FISCAL YEAR 2016.— gram established under section 34 of such activities, to fulfill the service requirements (1) IN GENERAL.—There are authorized to be Act (15 U.S.C. 278s). of this section, including the requirements of appropriated to the Secretary of Commerce (d) FISCAL YEAR 2019.— subsection (e), and to exchange ideas with $1,119,700,000 for the National Institute of (1) IN GENERAL.—There are authorized to be others in their fields.’’; Standards and Technology for fiscal year appropriated to the Secretary of Commerce (3) in subsection (e), by striking ‘‘sub- 2016. $1,251,960,000 for the National Institute of section (g)’’ and inserting ‘‘subsection (h)’’; (2) SPECIFIC ALLOCATIONS.—Of the amount Standards and Technology for fiscal year and authorized by paragraph (1)— 2019. (4) by adding after subsection (f) the fol- (A) $754,700,000 shall be authorized for sci- (2) SPECIFIC ALLOCATIONS.—Of the amount lowing new subsection: entific and technical research and services authorized by paragraph (1)— ‘‘(g) SUPPORT FOR MASTER TEACHING FEL- laboratory activities; (A) $873,660,000 shall be authorized for sci- LOWS WHILE ENROLLED IN A MASTER’S DEGREE (B) $59,000,000 shall be authorized for the entific and technical research and services PROGRAM.—A National Science Foundation construction and maintenance of facilities; laboratory activities; Master Teacher Fellow may receive a max- and (B) $68,300,000 shall be authorized for the imum of 1 year of fellowship support while (C) $306,000,000 shall be authorized for in- construction and maintenance of facilities; enrolled in a master’s degree program as de- dustrial technology services activities, of and scribed in subsection (c)(4)(A), except that if which— (C) $310,000,000 shall be authorized for in- such fellow is enrolled in a part-time pro- (i) $141,000,000 shall be authorized for the dustrial technology services activities, of gram, such amount shall be prorated accord- Hollings Manufacturing Extension Partner- which— ing to the length of the program.’’. ship under section 25 of the National Insti- (i) $160,000,000 shall be authorized for the SEC. 327. INFORMAL STEM EDUCATION. tute of Standards and Technology Act (15 Hollings Manufacturing Extension Partner- (a) GRANTS.—The Director, through the Di- U.S.C. 278k) and the program under section ship under section 25 of the National Insti- rectorate for Education and Human Re- 26 of such Act (15 U.S.C. 278l), of which not tute of Standards and Technology Act (15 sources, shall continue to award competi- more than $20,000,000 shall be for the com- U.S.C. 278k) and the program under section tive, merit-reviewed grants to support— petitive grant program under section 25(f) of 26 of such Act (15 U.S.C. 278l), of which not (1) research and development of innovative such Act; and more than $20,000,000 shall be for the com- out-of-school STEM learning and emerging (ii) $150,000,000 shall be authorized for the petitive grant program under section 25(f) of STEM learning environments in order to im- Network for Manufacturing Innovation Pro- such Act; and prove STEM learning outcomes and engage- gram established under section 34 of such (ii) $150,000,000 shall be authorized for the ment in STEM; and Act (15 U.S.C. 278s). Network for Manufacturing Innovation Pro- ISCAL YEAR 2017.— (2) research that advances the field of in- (b) F gram established under section 34 of such (1) IN GENERAL.—There are authorized to be formal STEM education. Act (15 U.S.C. 278s). appropriated to the Secretary of Commerce (b) USES OF FUNDS.—Activities supported (e) FISCAL YEAR 2020.— $1,174,390,000 for the National Institute of by grants under this section may encompass (1) IN GENERAL.—There are authorized to be Standards and Technology for fiscal year a single STEM discipline, multiple STEM appropriated to the Secretary of Commerce 2017. disciplines, or integrative STEM initiatives $1,299,060,000 for the National Institute of (2) SPECIFIC ALLOCATIONS.—Of the amount and shall include— Standards and Technology for fiscal year authorized by paragraph (1)— (1) research and development that im- 2020. (A) $792,440,000 shall be authorized for sci- proves our understanding of learning and en- (2) SPECIFIC ALLOCATIONS.—Of the amount entific and technical research and services gagement in informal environments, includ- authorized by paragraph (1)— laboratory activities; ing the role of informal environments in (A) $917,340,000 shall be authorized for sci- (B) $61,950,000 shall be authorized for the entific and technical research and services broadening participation in STEM; and construction and maintenance of facilities; (2) design and testing of innovative STEM laboratory activities; and (B) $71,710,000 shall be authorized for the learning models, programs, and other re- (C) $320,000,000 shall be authorized for in- construction and maintenance of facilities; sources for informal learning environments dustrial technology services activities, of and to improve STEM learning outcomes and in- which— (C) $310,000,000 shall be authorized for in- crease engagement for K–12 students, K–12 (i) $160,000,000 shall be authorized for the dustrial technology services activities, of teachers, and the general public, including Hollings Manufacturing Extension Partner- which— design and testing of the scalability of mod- ship under section 25 of the National Insti- (i) $160,000,000 shall be authorized for the els, programs, and other resources. tute of Standards and Technology Act (15 Hollings Manufacturing Extension Partner- SEC. 328. RESEARCH AND DEVELOPMENT TO SUP- U.S.C. 278k) and the program under section ship under section 25 of the National Insti- PORT IMPROVED K–12 LEARNING. 26 of such Act (15 U.S.C. 278l), of which not tute of Standards and Technology Act (15 (a) IN GENERAL.—The Director, acting more than $20,000,000 shall be for the com- through the Directorate for Education and petitive grant program under section 25(f) of U.S.C. 278k) and the program under section Human Resources, shall award competitive, such Act; and 26 of such Act (15 U.S.C. 278l), of which not merit-reviewed grants to support research (ii) $150,000,000 shall be authorized for the more than $20,000,000 shall be for the com- and development on alignment, implementa- Network for Manufacturing Innovation Pro- petitive grant program under section 25(f) of tion, impact, and ongoing improvement of gram established under section 34 of such such Act; and standards and equivalent learning expecta- Act (15 U.S.C. 278s). (ii) $150,000,000 shall be authorized for the tions used by States in mathematics, (c) FISCAL YEAR 2018.— Network for Manufacturing Innovation Pro- science, and, as appropriate, other State- (1) IN GENERAL.—There are authorized to be gram established under section 34 of such based STEM standards. appropriated to the Secretary of Commerce Act (15 U.S.C. 278s). (b) RESEARCH AREAS.—In making awards $1,207,100,000 for the National Institute of SEC. 403. HOLLINGS MANUFACTURING EXTEN- under this section, the Director shall con- Standards and Technology for fiscal year SION PARTNERSHIP. sider proposals for research and develop- 2018. Section 25 of the National Institute of ment, including, as appropriate, large-scale (2) SPECIFIC ALLOCATIONS.—Of the amount Standards and Technology Act (15 U.S.C. research and development, of— authorized by paragraph (1)— 278k) is amended to read as follows: (1) resources, including virtual resources (A) $832,060,000 shall be authorized for sci- ‘‘SEC. 25. HOLLINGS MANUFACTURING EXTEN- such as web portals, for content, professional entific and technical research and services SION PARTNERSHIP. development, and research results; laboratory activities; ‘‘(a) ESTABLISHMENT AND PURPOSE.—

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‘‘(1) IN GENERAL.—The Secretary, through additional 5-year period. The Secretary may not received a positive evaluation by the the Director shall provide assistance for the provide to a Center up to 50 percent of the evaluation panel shall be notified by the creation and support of regional manufac- capital and annual operating and mainte- panel of the deficiencies in its performance turing extension centers for the transfer of nance funds required to create and maintain and shall be placed on a corrective action manufacturing technology and best business such Center. plan and provided the opportunity to address practices. These centers shall be known as ‘‘(2) REGULATIONS.—The Secretary shall deficiencies unless immediate action is nec- the ‘Hollings Manufacturing Extension Cen- implement, review, and update the sections essary to protect the public interest. The ters’ (in this Act referred to as the ‘Cen- of the Code of Federal Regulations related to program shall re-evaluate the Center within ters’). The program under this section shall this section at least once every 5 years. one year and if the Center has not addressed be known as the ‘Hollings Manufacturing Ex- ‘‘(3) APPLICATION.— the deficiencies identified by the panel, or tension Partnership’. ‘‘(A) IN GENERAL.—Any public or nonprofit shown a significant improvement in its per- ‘‘(2) AFFILIATIONS.—Such Centers shall be institution, or consortium thereof, may sub- formance, the Director shall conduct a new affiliated with any United States-based pub- mit to the Secretary an application for fi- competition or may close the Center. lic or nonprofit institution or organization, nancial support under this section, in ac- ‘‘(G) ADDITIONAL FINANCIAL SUPPORT.— or group thereof, that applies for and is cordance with the procedures established by After the fifth year, a Center may receive ad- awarded financial assistance under this sec- the Secretary. ditional financial support under this section tion. ‘‘(B) COST-SHARING.—In order to receive as- if it has received a positive evaluation ‘‘(3) OBJECTIVE.—The objective of the pro- sistance under this section, an applicant for through an independent review, under proce- gram is to enhance productivity, competi- financial assistance under subparagraph (A) dures established by the Institute. tiveness, and technological performance in shall provide adequate assurances that non- ‘‘(H) RECOMPETITION.—If a Center has re- United States manufacturing through— Federal assets obtained from the applicant ceived financial support for 10 consecutive ‘‘(A) the transfer of manufacturing tech- and the applicant’s partnering organizations years, the Director shall conduct a new com- nology and techniques to Centers and, will be used as a funding source to meet not petition. An existing Center may submit an through them, to manufacturing companies less than 50 percent of the costs incurred. application as part of the new competition. throughout the United States; For purposes of the preceding sentence, the ‘‘(I) RECOMPETITION PLAN.—Not later than ‘‘(B) the participation of individuals from costs incurred means the costs incurred in 180 days after the date of enactment of the industry, institutions of higher education, connection with the activities undertaken to America Competes Reauthorization Act of State governments, other Federal agencies, improve the management, productivity, 2015, the Director shall submit a plan to the and, when appropriate, the Institute in coop- competitiveness, and technological perform- Committee on Science, Space, and Tech- erative technology transfer activities; ance of small and medium-sized manufac- nology of the House of Representatives and ‘‘(C) efforts to make new manufacturing turing companies. the Committee on Commerce, Science, and technology and processes usable by United ‘‘(C) AGREEMENTS WITH OTHER ENTITIES.—In Transportation of the Senate detailing how States-based small and medium-sized compa- meeting the 50-percent requirement, it is an- the program will implement the new com- nies; ticipated that a Center will enter into agree- petitions required under subparagraph (H). ‘‘(D) the active dissemination of scientific, ments with other entities such as private in- The Director shall consult with the MEP Ad- engineering, technical, and management in- dustry, institutions of higher education, and visory Board established under subsection (f) formation about manufacturing to industrial State governments to accomplish pro- in the development and implementation of firms, including small and medium-sized grammatic objectives and access new and ex- the plan. manufacturing companies; isting resources that will further the impact ‘‘(6) OVERSIGHT BOARD.— ‘‘(E) the development of new partnerships, of the Federal investment made on behalf of ‘‘(A) IN GENERAL.—Each Center that re- networks, and services that will assist small small and medium-sized manufacturing com- ceives financial assistance under this section and medium-sized manufacturing companies panies. shall establish an oversight board that is expand into new markets, including global ‘‘(D) LEGAL RIGHTS.—Each applicant under broadly representative of regional stake- markets; subparagraph (A) shall submit a proposal for holders with a majority of board members ‘‘(F) the utilization, when appropriate, of the allocation of the legal rights associated drawn from local small and medium-sized the expertise and capability that exists in with any invention that may result from the manufacturing firms. Federal laboratories other than the Insti- proposed Center’s activities. ‘‘(B) BYLAWS AND CONFLICT OF INTEREST.— tute; and ‘‘(4) MERIT REVIEW.—The Secretary shall Each board under subparagraph (A) shall ‘‘(G) the provision to community colleges subject each such application to merit re- adopt and submit to the Director bylaws to and area career and technical education view. In making a decision whether to ap- govern the operation of the board, including schools of information about the job skills prove such application and provide financial a conflict of interest policy to ensure rel- needed in small and medium-sized manufac- support under this section, the Secretary evant relationships are disclosed and proper turing businesses in the regions they serve. shall consider, at a minimum, the following: recusal procedures are in place. ‘‘(b) ACTIVITIES.—The activities of the Cen- ‘‘(A) The merits of the application, par- ‘‘(C) LIMITATION.—Board members may not ters shall include— ticularly those portions of the application serve simultaneously on more than one Cen- ‘‘(1) the establishment of automated manu- regarding technology transfer, training and ter’s oversight board or serve as a contractor facturing systems and other advanced pro- education, and adaptation of manufacturing providing services to a Center. duction technologies, based on research by technologies to the needs of particular indus- ‘‘(7) PROTECTION OF CONFIDENTIAL INFORMA- the Institute and other entities, for the pur- trial sectors. TION.—The Secretary shall ensure that the pose of demonstrations and technology ‘‘(B) The quality of service to be provided. following are not publically disclosed: transfer; ‘‘(C) Geographical diversity and extent of ‘‘(A) Confidential information on the busi- ‘‘(2) assistance to Federal agencies in sup- service area. ness operations of— porting United States-based manufacturing ‘‘(D) The percentage of funding and ‘‘(i) a participant under the program; or by identifying and providing technical as- amount of in-kind commitment from other ‘‘(ii) a client of a Center. sistance to small and medium-sized manu- sources. ‘‘(B) Trade secrets possessed by any client facturers to help them meet Federal agency ‘‘(5) EVALUATION.— of a Center. procurement and acquisition needs; ‘‘(A) IN GENERAL.—Each Center that re- ‘‘(8) PATENT RIGHTS.—The provisions of ‘‘(3) the active transfer and dissemination ceives financial assistance under this section chapter 18 of title 35, United States Code, of research findings and Center expertise to shall be evaluated during its third year of shall apply, to the extent not inconsistent a wide range of companies and enterprises, operation by an evaluation panel appointed with this section, to the promotion of tech- particularly small and medium-sized manu- by the Secretary. nology from research by Centers under this facturers; and ‘‘(B) COMPOSITION.—Each such evaluation section except for contracts for such specific ‘‘(4) the facilitation of collaborations and panel shall be composed of independent ex- technology extension or transfer services as partnerships between small and medium- perts, none of whom shall be connected with may be specified by statute or by the Direc- sized manufacturing companies and commu- the involved Center, and Federal officials. tor. nity colleges and area career and technical ‘‘(C) CHAIR.—An official of the Institute ‘‘(d) REPORTING AND AUDITING REQUIRE- education schools to help such colleges and shall chair the panel. MENTS.—The Director shall establish proce- schools better understand the specific needs ‘‘(D) PERFORMANCE MEASUREMENT.—Each dures regarding Center financial reporting of manufacturers and to help manufacturers evaluation panel shall measure the involved and auditing to ensure that awards are used better understand the skill sets that stu- Center’s performance against the objectives for the purposes specified in this section and dents learn in the programs offered by such specified in this section. are in accordance with sound accounting colleges and schools. ‘‘(E) POSITIVE EVALUATION.—If the evalua- practices. ‘‘(c) FINANCIAL ASSISTANCE AND REQUIRE- tion is positive, the Secretary may provide ‘‘(e) ACCEPTANCE OF FUNDS.— MENTS.— continued funding through the fifth year. ‘‘(1) IN GENERAL.—In addition to such sums ‘‘(1) FINANCIAL SUPPORT.—The Secretary ‘‘(F) CORRECTIVE ACTION PLAN.—The Sec- as may be appropriated to the Secretary and may provide financial support to any Center retary may not provide funding for the re- Director to operate the Hollings Manufac- created under subsection (a) for an initial pe- maining years of a Center’s operation unless turing Extension Partnership, the Secretary riod of 5 years, which may be renewed for an the evaluation is positive. A Center that has and Director also may accept funds from

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other Federal departments and agencies and, ‘‘(1) ESTABLISHMENT.—The Director shall ‘‘(A) reducing their energy usage, green- under section 2(c)(7), from the private sector, establish, within the Hollings Manufacturing house gas emissions, and environmental to be available to the extent provided by ap- Extension Partnership, a program of com- waste to improve profitability; propriations Acts, for the purpose of petitive awards among participants de- ‘‘(B) accelerating the domestic commer- strengthening United States manufacturing. scribed in paragraph (2) for the purposes de- cialization of new product technologies, in- ‘‘(2) ALLOCATION OF FUNDS.— scribed in paragraph (3). cluding components for renewable energy ‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL ‘‘(2) PARTICIPANTS.—Participants receiving and energy efficiency systems; and DEPARTMENTS OR AGENCIES.—The Director awards under this subsection shall be the ‘‘(C) identifying and diversifying to new shall determine whether funds accepted from Centers, or a consortium of such Centers. markets, including support for transitioning other Federal departments or agencies shall ‘‘(3) PURPOSE.—The purpose of the program to the production of components for renew- be counted in the calculation of the Federal under this subsection is to add capabilities able energy and energy efficiency systems. share of capital and annual operating and to the Hollings Manufacturing Extension ‘‘(2) MARKET DEMAND.—The Director may maintenance costs under subsection (c). Partnership, including the development of not undertake any activity to accelerate the ‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE projects to solve new or emerging manufac- domestic commercialization of a new prod- SECTOR.—Funds accepted from the private turing problems as determined by the Direc- uct technology under this subsection unless sector under section 2(c)(7), if allocated to a tor, in consultation with the Director of the an analysis of market demand for the new Center, may not be considered in the calcula- Hollings Manufacturing Extension Partner- product technology has been conducted. ‘‘(i) EXPORT ASSISTANCE TO SMALL AND ME- tion of the Federal share under subsection ship, the MEP Advisory Board, and small (c) of this section. DIUM-SIZED MANUFACTURERS.— and medium-sized manufacturers. ‘‘(f) MEP ADVISORY BOARD.— ‘‘(1) IN GENERAL.—The Director shall— ‘‘(4) THEMES.—One or more themes for the ‘‘(1) ESTABLISHMENT.—There is established ‘‘(A) evaluate obstacles that are unique to within the Institute a Manufacturing Exten- competition may be identified, which may small and medium-sized manufacturers that sion Partnership Advisory Board (in this vary from year to year, depending on the prevent such manufacturers from effectively subsection referred to as the ‘MEP Advisory needs of manufacturers and the success of competing in the global market; Board’). previous competitions. These themes may ‘‘(B) implement a comprehensive export as- ‘‘(2) MEMBERSHIP.— include— sistance initiative through the Centers to ‘‘(A) IN GENERAL.—The MEP Advisory ‘‘(A) supply chain integration and quality help small and medium-sized manufacturers Board shall consist of not fewer than 10 management; address such obstacles; and members broadly representative of stake- ‘‘(B) the creation of partnerships to en- ‘‘(C) to the maximum extent practicable, holders, to be appointed by the Director. At courage the development of a workforce with ensure that the activities carried out under least 2 members shall be employed by or on the skills necessary to meet the needs of a this subsection are coordinated with, and do an advisory board for the Centers, at least 1 region, including the creation of apprentice- not duplicate the efforts of, other export as- member shall represent a community col- ship opportunities and the adoption of uni- sistance programs within the Federal Gov- lege, and at least 5 other members shall be versally recognized credential programs, as ernment. from United States small businesses in the appropriate; ‘‘(2) REQUIREMENTS.—The initiative shall manufacturing sector. No member shall be ‘‘(C) energy efficiency, including efficient include— an employee of the Federal Government. building technologies and environmentally ‘‘(A) export assistance counseling; ‘‘(B) TERM.—Except as provided in subpara- friendly materials, products, and processes; ‘‘(B) the development of partnerships that graph (C) or (D), the term of office of each ‘‘(D) enhancing the competitiveness of will provide small and medium-sized manu- member of the MEP Advisory Board shall be small and medium-sized manufacturers in facturers with greater access to and knowl- 3 years. the global marketplace; edge of global markets; and ‘‘(C) VACANCIES.—Any member appointed ‘‘(E) the transfer of technology based on ‘‘(C) improved communication between the to fill a vacancy occurring prior to the expi- the technological needs of manufacturers Centers to assist such manufacturers in im- ration of the term for which his predecessor and available technologies from institutions plementing appropriate, targeted solutions was appointed shall be appointed for the re- of higher education, laboratories, and other to such obstacles. mainder of such term. technology producing entities; and ‘‘(j) DEFINITIONS.—In this section: ‘‘(D) SERVING CONSECUTIVE TERMS.—Any ‘‘(F) areas that extend beyond traditional ‘‘(1) AREA CAREER AND TECHNICAL EDU- person who has completed two consecutive areas of manufacturing extension activities, CATION SCHOOL.—The term ‘area career and full terms of service on the MEP Advisory including projects related to construction in- technical education school’ has the meaning Board shall thereafter be ineligible for ap- dustry modernization. given such term in section 3 of the Carl D. pointment during the one-year period fol- ‘‘(5) REIMBURSEMENT.—Centers may be re- Perkins Career and Technical Education Im- lowing the expiration of the second such imbursed for costs incurred under the pro- provement Act of 2006 (20 U.S.C. 2302). term. gram under this subsection. ‘‘(2) COMMUNITY COLLEGE.—The term ‘com- ‘‘(3) MEETINGS.—The MEP Advisory Board ‘‘(6) APPLICATIONS.—Applications for munity college’ means an institution of shall meet not less than 2 times annually awards under this subsection shall be sub- higher education (as defined under section and shall provide to the Director— mitted in such manner, at such time, and 101(a) of the Higher Education Act of 1965 (20 ‘‘(A) advice on Hollings Manufacturing Ex- containing such information as the Director U.S.C. 1001(a))) at which the highest degree tension Partnership programs, plans, and shall require, in consultation with the MEP that is predominately awarded to students is policies; Advisory Board. an associate’s degree.’’. ‘‘(B) assessments of the soundness of Hol- ‘‘(7) SELECTION.—Awards under this sub- SEC. 404. NATIONAL ACADEMIES REVIEW. lings Manufacturing Extension Partnership section shall be peer reviewed and competi- Not later than 6 months after the date of plans and strategies; and tively awarded. The Director shall endeavor enactment of this Act, the Director of the ‘‘(C) assessments of current performance to have broad geographic diversity among se- National Institute of Standards and Tech- against Hollings Manufacturing Extension lected proposals. The Director shall select nology shall enter into a contract with the Partnership program plans. proposals to receive awards that will— National Academies to conduct a single, ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP- ‘‘(A) utilize innovative or collaborative ap- comprehensive review of the Institute’s lab- PLICABILITY.— proaches to solving the problem described in oratory programs. The review shall— ‘‘(A) IN GENERAL.—In discharging its duties (1) assess the technical merits and sci- the competition; under this subsection, the MEP Advisory entific caliber of the research conducted at ‘‘(B) improve the competitiveness of indus- Board shall function solely in an advisory the laboratories; tries in the region in which the Center or capacity, in accordance with the Federal Ad- (2) examine the strengths and weaknesses Centers are located; and visory Committee Act. of the 2010 laboratory reorganization on the ‘‘(C) contribute to the long-term economic ‘‘(B) EXCEPTION.—Section 14 of the Federal Institute’s ability to fulfill its mission; stability of that region, including the cre- Advisory Committee Act shall not apply to (3) evaluate how cross-cutting research and ation of jobs or training employees. the MEP Advisory Board. development activities are planned, coordi- ‘‘(8) PROGRAM CONTRIBUTION.—Recipients of ‘‘(5) REPORT.—The MEP Advisory Board nated, and executed across the laboratories; awards under this subsection shall not be re- shall transmit an annual report to the Sec- and quired to provide a matching contribution. retary for transmittal to Congress within 30 (4) assess how the laboratories are engag- ‘‘(9) DURATION.—Awards under this sub- days after the submission to Congress of the ing industry, including the incorporation of section shall last no longer than 5 years. President’s annual budget request in each industry need, into the research goals and year. Such report shall address the status of ‘‘(h) INNOVATIVE SERVICES INITIATIVE.— objectives of the Institute. the program established pursuant to this ‘‘(1) ESTABLISHMENT.—The Director, in co- SEC. 405. IMPROVING NIST COLLABORATION section and comment on the relevant sec- ordination with the Advanced Manufacturing WITH OTHER AGENCIES. tions of the programmatic planning docu- Office of the Department of Energy, shall es- Section 8 of the National Bureau of Stand- ment and updates thereto transmitted to tablish, within the Hollings Manufacturing ards Authorization Act for Fiscal Year 1983 Congress by the Director under subsections Extension Partnership, an innovative serv- (15 U.S.C. 275b) is amended— (c) and (d) of section 23. ices initiative to assist small and medium- (1) in the section heading, by inserting ‘‘(g) COMPETITIVE GRANT PROGRAM.— sized manufacturers in— ‘‘AND WITH’’ after ‘‘PERFORMED FOR’’; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3476 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (2) by adding at the end the following: Federal agencies to foster innovation and $20,000 to small and medium-sized manufac- ‘‘The Secretary may accept, apply for, use, commercialization across the United States; turers for use at eligible research institu- and spend Federal, State, and non-govern- and tions to acquire the services described in mental acquisition and assistance funds to ‘‘(C) provide a summary of the activities, paragraph (1)(B). further the mission of the Institute without including the development of metrics to ‘‘(3) STREAMLINED PROCEDURES.—The Sec- regard to the source or the period of avail- evaluate regional innovation strategies un- retary shall streamline and simplify the ap- ability of these funds as well as share per- dertaken through the Regional Innovation plication, administrative, and reporting pro- sonnel, associates, facilities, and property Research and Information Program estab- cedures for vouchers administered under the with these partner organizations, with or lished under section 27(e);’’; program. without reimbursement, upon mutual agree- (3) by amending subsection (c) to read as ‘‘(4) REGULATIONS.—Prior to awarding any ment.’’. follows: vouchers under the program, the Secretary SEC. 406. MISCELLANEOUS PROVISIONS. ‘‘(c) ADVISORY COMMITTEE.— shall promulgate regulations— (a) FUNCTIONS AND ACTIVITIES.—Section 15 ‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(A) establishing criteria for the selection of the of the National Institute of Standards establish or designate an advisory com- of recipients of awards under this subsection; and Technology Act (15 U.S.C. 278e) is mittee, which shall meet at least twice each ‘‘(B) establishing procedures regarding fi- fiscal year, to provide advice to the Sec- amended— nancial reporting and auditing— retary on carrying out the duties and respon- (1) by striking ‘‘of the Government; and’’ ‘‘(i) to ensure that awards are used for the sibilities of the Office of Innovation and En- and inserting ‘‘of the Government;’’; purposes of the program; and trepreneurship. (2) by striking ‘‘transportation services for ‘‘(ii) that are in accordance with sound ac- ‘‘(2) REPORT TO CONGRESS.—The advisory employees of the Institute’’ and inserting counting practices; and ‘‘transportation services for employees, asso- committee shall prepare a report, to be sub- mitted to the Committee on Science, Space, ‘‘(C) describing any other policies, proce- ciates, or fellows of the Institute’’; and dures, or information necessary to imple- (3) by striking ‘‘Code.’’ and inserting and Technology of the House of Representa- tives and the Committee on Commerce, ment this subsection, including those in- ‘‘Code; and (i) the protection of Institute Science, and Transportation of the Senate tended to streamline and simplify the pro- buildings and other plant facilities, equip- every 3 years. The first report shall be sub- gram in accordance with paragraph (3). ment, and property, and of employees, asso- mitted not later than 1 year after the date of ‘‘(5) TRANSFER AUTHORITY.—The Secretary ciates, visitors, or other persons located enactment of the America Competes Reau- may transfer funds appropriated to the De- therein or associated therewith, notwith- thorization Act of 2015 and shall include— partment of Commerce to other Federal standing any other provision of law.’’. ‘‘(A) an assessment of the strategic plan agencies for the performance of services au- (b) POST-DOCTORAL FELLOWSHIP PRO- developed under subsection (b)(5) and the thorized under this subsection. GRAM.—Section 19 of the National Institute progress made in implementing the plan and ‘‘(6) ADMINISTRATIVE COSTS.—All of the of Standards and Technology Act (15 U.S.C. the duties of the Office of Innovation and En- amounts appropriated to carry out this sub- 278g–2) is amended to read as follows: trepreneurship; section for a fiscal year shall be used for ‘‘SEC. 19. POST-DOCTORAL FELLOWSHIP PRO- ‘‘(B) an assessment of how the Office of In- vouchers awarded under this subsection, ex- GRAM. novation and Entrepreneurship is working cept that the Secretary may set aside a per- ‘‘The Director, in conjunction with the Na- with other Federal agencies to meet the centage of such amounts for eligible research tional Academy of Sciences, shall establish goals and duties of the office; and institutions performing the services de- and conduct a post-doctoral fellowship pro- ‘‘(C) any recommendations for how the Of- scribed in paragraph (1)(B) to defray admin- gram that shall include not less than 20 new fice of Innovation and Entrepreneurship istrative costs associated with the services. fellows per fiscal year. In evaluating applica- could be improved.’’; and The Secretary shall establish a single, fixed tions for fellowships under this section, the (4) by adding at the end the following: percentage for such purposes that will apply Director shall give consideration to the goal ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— to all eligible research institutions. of promoting the participation of underrep- There are authorized to be appropriated to ‘‘(7) OUTREACH.—The Secretary may use resented minorities in research areas sup- the Secretary $5,000,000 for each of fiscal centers established under section 25 of the ported by the Institute.’’. years 2016 through 2020 to carry out this sec- National Institute of Standards and Tech- TITLE V—INNOVATION tion.’’. nology Act (15 U.S.C. 278k) to provide infor- SEC. 501. OFFICE OF INNOVATION AND ENTRE- SEC. 502. FEDERAL LOAN GUARANTEES FOR IN- mation about the program established under PRENEURSHIP. NOVATIVE TECHNOLOGIES IN MANU- this subsection and to conduct outreach to Section 25 of the Stevenson-Wydler Tech- FACTURING. potential applicants, as appropriate. nology Innovation Act of 1980 (15 U.S.C. 3720) Section 26(t) of the Stevenson-Wydler ‘‘(8) REPORTS TO CONGRESS.— is amended— Technology Innovation Act of 1980 (15 U.S.C. ‘‘(A) PLAN.—Not later than 180 days after (1) in subsection (a) by inserting ‘‘with a 3721(t)) is amended by striking ‘‘fiscal years the date of enactment of the America Com- Director and full-time staff’’ after ‘‘Office of 2011 through 2013’’ and inserting ‘‘fiscal years petes Reauthorization Act of 2015, the Sec- Innovation and Entrepreneurship’’; 2016 through 2020’’. retary shall transmit to Congress a plan that (2) in subsection (b)— SEC. 503. INNOVATION VOUCHER PILOT PRO- will serve as a guide for the activities of the (A) by amending paragraph (3) to read as GRAM. program. The plan shall include a descrip- Section 25 of the Stevenson-Wydler Tech- follows: tion of the specific objectives of the program nology Innovation Act of 1980 (15 U.S.C. 3720) ‘‘(3) providing access to relevant data, re- and the metrics that will be used in assess- as amended by section 501 of this Act, is fur- search, and technical assistance on innova- ing progress toward those objectives. ther amended by adding at the end the fol- UTCOMES.—Not later than 3 years tion and commercialization, including best lowing: ‘‘(B) O practices for university-based incubators and ‘‘(e) INNOVATION VOUCHER PILOT PRO- after the date of enactment of the America accelerators;’’; GRAM.— Competes Reauthorization Act of 2015, the (B) by redesignating paragraphs (4) and (5) ‘‘(1) IN GENERAL.—The Secretary, acting Secretary shall transmit to Congress a re- as paragraphs (6) and (7), respectively; and through the Office of Innovation and Entre- port containing— (C) by inserting the following after para- preneurship and in conjunction with the ‘‘(i) a summary of the activities carried graph (3): States, shall establish an innovation voucher out under this subsection; ‘‘(4) overseeing the implementation of the pilot program to accelerate innovative ac- ‘‘(ii) an assessment of the impact of such loan guarantee programs and the Regional tivities and enhance the competitiveness of activities on the innovative capacity of Innovation Program established under sec- small and medium-sized manufacturers in small and medium-sized manufacturers re- tions 26 and 27, respectively; the United States. The pilot program shall— ceiving assistance under the pilot program; ‘‘(5) developing, within 180 days after the ‘‘(A) foster collaborations between small and date of enactment of the America Competes and medium-sized manufacturers and re- ‘‘(iii) any recommendations for adminis- Reauthorization Act of 2015, and updating at search institutions; and trative and legislative action that could op- least every 5 years, a strategic plan to guide ‘‘(B) enable small and medium-sized manu- timize the effectiveness of the pilot program. the activities of the Office of Innovation and facturers to access technical expertise and ‘‘(9) COORDINATION AND NONDUPLICATION.— Entrepreneurship that shall— capabilities that will lead to the develop- To the maximum extent practicable, the ‘‘(A) specify and prioritize near-term and ment of innovative products or manufac- Secretary shall ensure that the activities long-term goals, objectives, and policies to turing processes, including through— carried out under this subsection are coordi- accelerate innovation and advance the com- ‘‘(i) research and development, including nated with, and do not duplicate the efforts mercialization of research and development, proof of concept, technical development, and of, other programs within the Federal Gov- including federally funded research and de- compliance testing activities; ernment. velopment, set forth the anticipated time for ‘‘(ii) early-stage product development, in- ‘‘(10) ELIGIBLE RESEARCH INSTITUTIONS DE- achieving the objectives, and identify cluding engineering design services; and FINED.—For the purposes of this subsection, metrics for use in assessing progress toward ‘‘(iii) technology transfer and related ac- the term ‘eligible research institution’ such objectives; tivities. means— ‘‘(B) describe how the Department of Com- ‘‘(2) AWARD SIZE.—The Secretary shall ‘‘(A) an institution of higher education, as merce is working in conjunction with other competitively award vouchers worth up to such term is defined in section 101(a) of the

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3477 Higher Education Act of 1965 (20 U.S.C. tion of the program established under sub- and neutron sources, and facilities for study- 1001(a)); section (a). ing complex molecular systems and the ‘‘(B) a Federal laboratory; ‘‘(2) REQUIREMENTS.—The evaluation nanoworld. ‘‘(C) a federally funded research and devel- shall— ‘‘(e) SUPPORTING ACTIVITIES.—The activi- opment center; or ‘‘(A) assess whether the program is achiev- ties described in subsection (d) shall include ‘‘(D) a Hollings Manufacturing Extension ing its goals; providing for relevant facilities and infra- Center established under section 25 of the ‘‘(B) include any recommendations for how structure, programmatic analysis, inter- National Institute of Standards and Tech- the program may be improved; and agency coordination, and workforce develop- nology Act (15 U.S.C. 278k). ‘‘(C) include a recommendation as to ment and outreach activities. ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— whether the program should be continued or ‘‘(f) USER FACILITIES.— There are authorized to be appropriated to terminated. ‘‘(1) IN GENERAL.—The Director shall carry the Secretary to carry out the pilot program ‘‘(g) DEFINITIONS.—In this section— out the construction, operation, and mainte- in this subsection $5,000,000 for each of fiscal ‘‘(1) the term ‘State’ has the meaning nance of user facilities, including under- years 2016 through 2020.’’. given that term in section 3 of the Public ground research facilities, to support the ac- tivities described in subsection (d). As prac- SEC. 504. FEDERAL ACCELERATION OF STATE Works and Economic Development Act of ticable, these facilities shall serve the needs TECHNOLOGY COMMERCIALIZATION 1965 (42 U.S.C. 3122); and PILOT PROGRAM. ‘‘(2) the term ‘commercialization’ has the of the Department, industry, the academic The Stevenson-Wydler Technology Innova- meaning given that term in section 9(e)(10) community, and other relevant entities for the purposes of advancing the missions of tion Act of 1980 (15 U.S.C. 3701 et seq.) is of the Small Business Act (15 U.S.C. the Department. amended by adding at the end the following: 638(e)(10)). ‘‘(2) COORDINATION WITH OTHER FEDERAL ‘‘SEC. 28. FEDERAL ACCELERATION OF STATE ‘‘(h) DURATION.—Each award shall be for a AGENCIES.—The Director may form partner- TECHNOLOGY COMMERCIALIZATION 5-year period. ships to enhance the utilization of and en- PILOT PROGRAM. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— sure access to user facilities, including un- ‘‘(a) AUTHORITY.— There are authorized to be appropriated to derground research facilities, by other Fed- ‘‘(1) ESTABLISHMENT.—The Secretary shall the Secretary $50,000,000 for each of fiscal eral agencies. establish a Federal Acceleration of State years 2016 through 2018 to carry out this sec- ‘‘(g) OTHER AUTHORIZED ACTIVITIES.—In ad- Technology Commercialization Pilot Pro- tion.’’. gram or FAST Commercialization Pilot Pro- dition to the activities authorized under the gram to award grants to States, or consortia TITLE VI—DEPARTMENT OF ENERGY Department of Energy Office of Science Au- thereof, for the purposes described in para- Subtitle A—Office of Science thorization Act of 2015, the Office of Science shall carry out other such activities as it is graph (2). Awards under this section shall be SEC. 601. SHORT TITLE. made through a competitive, merit-based authorized or required to carry out by law. This subtitle may be cited as the ‘‘Depart- ‘‘(h) COORDINATION AND JOINT ACTIVITIES process. ment of Energy Office of Science Authoriza- WITH OTHER DEPARTMENT OF ENERGY PRO- ‘‘(2) PURPOSE.—The purpose of the program tion Act of 2015’’. GRAMS.—The Under Secretary shall ensure under this section is to advance United SEC. 602. DEFINITIONS. the coordination of activities under the De- States productivity and global competitive- Except as otherwise provided, in this sub- partment of Energy Office of Science Au- ness by accelerating commercialization of title: thorization Act of 2015 with the other activi- innovative technology by leveraging Federal (1) DEPARTMENT.—The term ‘‘Department’’ ties of the Department, and shall support support for State commercialization efforts. means the Department of Energy. joint activities among the programs of the The program shall provide matching funds to (2) DIRECTOR.—The term ‘‘Director’’ means Department. a State, or consortium thereof, for the accel- the Director of the Office of Science. ‘‘(i) DOMESTIC MANUFACTURING CAPABILITY eration of commercialization activities and (3) OFFICE OF SCIENCE.—The term ‘‘Office of FOR OFFICE OF SCIENCE FACILITIES REPORT.— the promotion of small manufacturing enter- Science’’ means the Department of Energy Not later than one year after the date of en- prises in the United States. Office of Science. actment of the Department of Energy Office ‘‘(b) APPLICATION.—Applications for awards (4) UNDER SECRETARY.—The term ‘‘Under of Science Authorization Act of 2015, the under this section shall be submitted in such Secretary’’ means the Under Secretary for Secretary shall transmit a report to the a manner, at such a time, and containing Science and Energy. Committee on Science, Space, and Tech- such information as the Secretary shall re- (5) SECRETARY.—The term ‘‘Secretary’’ nology of the House of Representatives and quire, including— means the Secretary of Energy. the Committee on Energy and Natural Re- ‘‘(1) a description of the current state of sources of the Senate. The report shall— technology commercialization in the State SEC. 603. MISSION OF THE OFFICE OF SCIENCE. ‘‘(1) assess the current ability of domestic or States, including successes and barriers to Section 209 of the Department of Energy manufacturers to meet the procurement re- commercialization; and Organization Act (42 U.S.C. 7139) is amended quirements for major ongoing projects fund- ‘‘(2) a description of the State’s or consor- by adding at the end the following: ed by the Office of Science, including a cal- tium’s plan for increasing commercialization ‘‘(c) MISSION.—The mission of the Office of culation of the percentage of equipment ac- of new technologies, products, processes, and Science shall be the delivery of scientific dis- quired from domestic manufacturers for this services. coveries, capabilities, and major scientific purpose; and ‘‘(c) SELECTION CRITERIA.—The Secretary tools to transform the understanding of na- ‘‘(2) identify steps that can be taken by the shall establish criteria for the selection of ture and to advance the energy, economic, Federal Government and by private industry awardees, which shall consider at a min- and national security of the United States. to increase the capability of domestic manu- imum a review of efforts during the fiscal ‘‘(d) DUTIES.—In support of this mission, facturers to meet procurement requirements year prior to submitting an application to— the Director shall carry out programs, in- of the Office of Science for major projects.’’. ‘‘(1) promote manufacturing; and cluding those in basic energy sciences, bio- SEC. 604. BASIC ENERGY SCIENCES PROGRAM. ‘‘(2) commercialize new technologies, prod- logical and environmental research, ad- (a) PROGRAM.—As part of the activities au- ucts, processes, and services, including ac- vanced scientific computing research, fusion thorized under the amendment made by sec- tivities to translate federally funded re- energy sciences, high energy physics, and nu- tion 603, the Director shall carry out a pro- search and technologies to small manufac- clear physics, through activities focused on— gram in basic energy sciences, including ma- turing enterprises. ‘‘(1) Science for Discovery to unravel na- terials sciences and engineering, chemical ‘‘(d) MATCHING REQUIREMENT.—A State or ture’s mysteries through activities which sciences, physical biosciences, and geo- consortium receiving a grant under this sec- range from the study of subatomic particles, sciences, for the purpose of providing the sci- tion shall provide non-Federal cash contribu- atoms, and molecules that make up the ma- entific foundations for new energy tech- tions in an amount equal to 50 percent of the terials of our everyday world to the study of nologies and addressing scientific grand total cost of the project for which the grant DNA, proteins, cells, and entire biological challenges. is provided. systems; (b) BASIC ENERGY SCIENCES USER FACILI- ‘‘(e) COORDINATION AND NONDUPLICATION.— ‘‘(2) Science for National Need by— TIES.— In carrying out the program under this sec- ‘‘(A) advancing a clean energy agenda (1) IN GENERAL.—The Director shall carry tion, the Secretary shall ensure that grants through research on energy production, stor- out a subprogram to support and oversee the made under the program are coordinated age, transmission, efficiency, and use; and construction, operation, and maintenance of with, and do not duplicate, the efforts of ‘‘(B) advancing our understanding of the national user facilities that support the pro- other commercialization programs within Earth and its climate through research in at- gram under this section. As practicable, the Federal Government. mospheric and environmental sciences and these facilities shall serve the needs of the ‘‘(f) EVALUATION.— climate change; and Department, industry, the academic commu- ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘(3) National Scientific User Facilities to nity, and other relevant entities to create after the date of enactment of the America deliver the 21st century tools of science, en- and examine new materials and chemical Competes Reauthorization Act of 2015, the gineering, and technology and provide the processes for the purposes of advancing new Secretary shall enter into a contract with an Nation’s researchers with the most advanced energy technologies and improving the com- independent entity, such as the National tools of modern science including accelera- petitiveness of the United States. These fa- Academy of Sciences, to conduct an evalua- tors, colliders, supercomputers, light sources cilities shall include—

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3478 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (A) x-ray light sources; the Director shall carry out a program of re- (iii) formulate overall scientific goals for (B) neutron sources; search and development in the areas of bio- the future of low-dose radiation research in (C) nanoscale science research centers; and logical systems science and climate and en- the United States; (D) other facilities the Director considers vironmental science, including subsurface (iv) recommend a long-term strategic and appropriate, consistent with section 209(f) of science, to support the energy and environ- prioritized research agenda to address sci- the Department of Energy Organization Act mental missions of the Department. entific research goals for overcoming the (42 U.S.C. 7139(f)). (b) BIOLOGICAL SYSTEMS SCIENCE ACTIVI- identified scientific challenges in coordina- (2) FACILITY RESEARCH AND DEVELOPMENT.— TIES.— tion with other research efforts; The Director shall carry out research and de- (1) ACTIVITIES.—As part of the activities (v) define the essential components of a re- velopment on advanced accelerator and stor- authorized under subsection (a), the Director search program that would address this re- age ring technologies relevant to the Basic shall carry out research and development ac- search agenda within the universities and Energy Sciences user facilities, in consulta- tivities in fundamental, structural, com- the National Laboratories; and putational, and systems biology to increase tion with the Office of Science’s High Energy (vi) assess the cost-benefit effectiveness of systems-level understanding of the complex Physics and Nuclear Physics programs. such a program. biological systems, which shall include ac- (3) FACILITY CONSTRUCTION AND UP- (E) 5-YEAR RESEARCH PLAN.—Not later than tivities to— GRADES.—Consistent with the Office of 90 days after the completion of the assess- Science’s project management practices, the (A) accelerate breakthroughs and new knowledge that will enable cost-effective ment performed under subparagraph (C), the Director shall support construction of— Secretary shall deliver to the Committee on (A) an upgrade of the Advanced Photon sustainable production of— Science, Space, and Technology of the House Source to optimize and enhance beam (i) biomass-based liquid transportation of Representatives and the Committee on brightness; fuels; Energy and Natural Resources of the Senate (B) a Second Target Station at the Spall- (ii) bioenergy; and a five-year research plan that responds to ation Neutron Source to double user capac- (iii) biobased materials; the assessment’s findings and recommenda- ity and expand the suite of instruments to (B) improve understanding of the global meet new scientific challenges; carbon cycle, including processes for remov- tions and identifies and prioritizes research (C) the Linac Coherent Light Source II to ing carbon dioxide from the atmosphere, needs. expand the x-ray wavelength range, incor- through photosynthesis and other biological (4) REPEAL.—Section 977 of the Energy Pol- porate high repetition rate operation for soft processes, for sequestration and storage; and icy Act of 2005 (42 U.S.C. 16317) is repealed. and medium energy x-rays, and increase user (C) understand the biological mechanisms (c) CLIMATE AND ENVIRONMENTAL SCIENCE capacity of the Linac Coherent Light Source; used to transform, immobilize, or remove ACTIVITIES.— contaminants from subsurface environments. and (1) IN GENERAL.—As part of the activities (D) an upgrade to the Advanced Light (2) BIOENERGY RESEARCH CENTERS.— authorized under subsection (a), and in co- Source to improve brightness and perform- (A) IN GENERAL.—In carrying out activities ordination with activities carried out under under paragraph (1), the Director shall sup- ance. subsection (b), the Director shall carry out port at least 3 bioenergy research centers to (c) ENERGY FRONTIER RESEARCH CENTERS.— climate and environmental science research, accelerate advanced research and develop- (1) IN GENERAL.—The Director shall carry which shall include activities to— out a program to provide awards, on a com- ment of biomass-based liquid transportation (A) understand, observe, and model the re- petitive, merit-reviewed basis, to multi-in- fuels, bioenergy, or biobased materials that sponse of Earth’s atmosphere and biosphere stitutional collaborations or other appro- are produced from a variety of regionally di- to increased concentrations of greenhouse priate entities to conduct fundamental and verse feedstocks. gas emissions and any associated changes in use-inspired energy research to accelerate (B) SELECTION AND DURATION.—A center es- climate; scientific breakthroughs related to needs tablished under subparagraph (A) shall be se- (B) understand the processes for immo- identified in— lected on a competitive, merit-reviewed bilization, or removal of, and understand the (A) the Grand Challenges report of the De- basis for a period of 5 years beginning on the partment’s Basic Energy Sciences Advisory date of establishment of that center. A cen- movement of, energy production-derived Committee; ter already in existence on the date of enact- contaminants such as radionuclides and (B) the report of the Department’s Basic ment of this Act may continue to receive heavy metals, and understand the process of Energy Sciences Advisory Committee enti- support for a period of 5 years beginning on sequestration and transformation of carbon tled ‘‘From Quanta to the Continuum: Op- the date of establishment of that center. dioxide in subsurface environments; and portunities for Mesoscale Science’’; (C) RENEWAL.—After the end of the period (C) inform potential mitigation and adap- (C) the Basic Energy Sciences Basic Re- described in subparagraph (B), an awardee tation options for increased concentrations search Needs workshop report; or may apply for a second period of 5 years on of greenhouse gas emissions and any associ- (D) other relevant reports identified by the a merit-reviewed basis. ated changes in climate. Director. (D) TERMINATION.—Consistent with the ex- (2) SUBSURFACE BIOGEOCHEMICAL RE- (2) COLLABORATIONS.—A collaboration re- isting authorities of the Department, the Di- SEARCH.— ceiving an award under this subsection may rector may terminate an underperforming (A) IN GENERAL.—As part of the activities include multiple types of institutions and center for cause during the performance pe- described in paragraph (1), the Director shall private sector entities. riod. carry out research to advance a fundamental (3) SELECTION AND DURATION.— (3) LOW DOSE RADIATION RESEARCH PRO- understanding of coupled physical, chemical, (A) IN GENERAL.—A collaboration under GRAM.— and biological processes for controlling the this subsection shall be selected for a period (A) IN GENERAL.—The Director shall carry movement of sequestered carbon and sub- of 5 years. An Energy Frontier Research Cen- out a research program on low dose radi- surface environmental contaminants. ter already in existence and supported by the ation. The purpose of the program is to en- (B) COORDINATION.— Director on the date of enactment of this hance the scientific understanding of and re- (i) DIRECTOR.—The Director shall carry out Act may continue to receive support for a duce uncertainties associated with the ef- activities under this paragraph in accord- period of 5 years beginning on the date of es- fects of exposure to low dose radiation in ance with priorities established by the Under tablishment of that center. order to inform improved risk management Secretary to support and accelerate the de- (B) REAPPLICATION.—After the end of the methods. contamination of relevant facilities managed period described in subparagraph (A), an (B) DEFINITION.—In this paragraph, the by the Department. awardee may reapply for selection for a sec- term ‘‘low dose radiation’’ means a radiation (ii) UNDER SECRETARY.—The Under Sec- ond period of 5 years on a competitive, dose of less than 100 millisieverts. retary shall ensure the coordination of ac- merit-reviewed basis. (C) STUDY.—Not later than 60 days after tivities of the Department, including activi- (C) TERMINATION.—Consistent with the ex- the date of enactment of this Act, the Direc- ties under this paragraph, to support and ac- isting authorities of the Department, the Di- tor shall enter into an agreement with the celerate the decontamination of relevant fa- rector may terminate an underperforming National Academies to conduct a study as- cilities managed by the Department. center for cause during the performance pe- sessing the current status and development (3) CLIMATE AND EARTH MODELING.—As part riod. of a long-term strategy for low dose radi- of the activities described in paragraph (1), (4) NO FUNDING FOR CONSTRUCTION.—No ation research. The study shall be conducted the Director, in collaboration with the Ad- funding provided pursuant to this subsection in coordination with Federal agencies that vanced Scientific Computing Research pro- may be used for the construction of new perform ionizing radiation effects research. gram described in section 606, shall carry out buildings or facilities. (D) CONTENTS.—The study performed under research to develop, evaluate, and use high- SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RE- subparagraph (C) shall— resolution regional climate, global climate, SEARCH. (i) identify current scientific challenges for and Earth models to inform decisions on re- (a) IN GENERAL.—As part of the activities understanding the long-term effects of ion- ducing the impacts of a changing climate. authorized under section 209 of the Depart- izing radiation; Such modeling shall include, among other ment of Energy Organization Act (42 U.S.C. (ii) assess the status of current low dose critical elements, greenhouse gas emissions, 7139), and coordinated with the activities au- radiation research in the United States and land use, and interaction among human and thorized under section 604 and section 606, internationally; Earth systems.

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SEC. 606. ADVANCED SCIENTIFIC COMPUTING RE- velop exascale computing systems to ad- (f) DEFINITIONS.—Section 2 of the Depart- SEARCH PROGRAM. vance the missions of the Department. ment of Energy High-End Computing Revi- (a) IN GENERAL.—As part of the activities ‘‘(2) EXECUTION.—The Secretary shall, talization Act of 2004 (15 U.S.C. 5541) is authorized under section 209 of the Depart- through competitive merit review, establish amended by striking paragraphs (1) through ment of Energy Organization Act (42 U.S.C. two or more National Laboratory-industry- (5) and inserting the following: 7139), the Director shall carry out a research, university partnerships to conduct inte- ‘‘(1) CO-DESIGN.—The term ‘co-design’ development, demonstration, and commer- grated research, development, and engineer- means the joint development of application cial application program to advance com- ing of multiple exascale architectures, and— algorithms, models, and codes with computer putational and networking capabilities for ‘‘(A) conduct mission-related co-design ac- technology architectures and operating sys- data-driven discovery and to analyze, model, tivities in developing such exascale plat- tems to maximize effective use of high-end simulate, and predict complex phenomena forms; computing systems. relevant to the development of new energy ‘‘(B) develop those advancements in hard- ‘‘(2) DEPARTMENT.—The term ‘Department’ technologies and the competitiveness of the ware and software technology required to means the Department of Energy. United States. fully realize the potential of an exascale pro- ‘‘(3) EXASCALE.—The term ‘exascale’ means (b) COORDINATION.—The Under Secretary duction system in addressing Department computing system performance at or near 10 shall ensure the coordination of the activi- target applications and solving scientific to the 18th power floating point operations ties of the Department, including activities per second. problems involving predictive modeling and under this section, to determine and meet ‘‘(4) HIGH-END COMPUTING SYSTEM.—The simulation and large-scale data analytics the computational and networking research term ‘high-end computing system’ means a and management; and and facility needs of the Office of Science computing system with performance that ‘‘(C) explore the use of exascale computing and all other relevant energy technology and substantially exceeds that of systems that technologies to advance a broad range of energy efficiency programs within the De- are commonly available for advanced sci- science and engineering. partment. entific and engineering applications. ‘‘(3) ADMINISTRATION.—In carrying out this (c) RESEARCH TO SUPPORT ENERGY APPLICA- ‘‘(5) LEADERSHIP SYSTEM.—The term ‘Lead- program, the Secretary shall— TIONS.— ership System’ means a high-end computing ‘‘(A) provide, on a competitive, merit-re- (1) IN GENERAL.—As part of the activities system that is among the most advanced in viewed basis, access for researchers in United authorized under subsection (a), the program the world in terms of performance in solving States industry, institutions of higher edu- shall support research in high-performance scientific and engineering problems. cation, National Laboratories, and other computing and networking relevant to en- ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— Federal agencies to these exascale systems, ergy applications including modeling, sim- The term ‘institution of higher education’ as appropriate; and ulation, and advanced data analytics for has the meaning given the term in section 2 ‘‘(B) conduct outreach programs to in- basic and applied energy research programs of the Energy Policy Act of 2005 (42 U.S.C. crease the readiness for the use of such plat- carried out by the Secretary. 15801). forms by domestic industries, including (2) REPORT.—Not later than 1 year after ‘‘(7) NATIONAL LABORATORY.—The term ‘Na- manufacturers. the date of enactment of this Act, the Sec- tional Laboratory’ has the meaning given ‘‘(4) REPORTS.— retary shall transmit to the Congress a plan the term in section 2 of the Energy Policy ‘‘(A) INTEGRATED STRATEGY AND PROGRAM to integrate and leverage the expertise and Act of 2005 (42 U.S.C. 15801). MANAGEMENT PLAN.—The Secretary shall capabilities of the program described in sub- ‘‘(8) SECRETARY.—The term ‘Secretary’ submit to Congress, not later than 90 days section (a), as well as other relevant com- means the Secretary of Energy. after the date of enactment of the Depart- putational and networking research pro- ‘‘(9) SOFTWARE TECHNOLOGY.—The term ment of Energy Office of Science Authoriza- grams and resources supported by the Fed- ‘software technology’ includes optimal algo- tion Act of 2015, a report outlining an inte- eral Government, to advance the missions of rithms, programming environments, tools, grated strategy and program management the Department’s applied energy and energy languages, and operating systems for high- plan, including target dates for prototypical efficiency programs. end computing systems.’’. (d) APPLIED MATHEMATICS AND SOFTWARE and production exascale platforms, interim milestones to reaching these targets, func- SEC. 607. FUSION ENERGY RESEARCH. DEVELOPMENT FOR HIGH-END COMPUTING SYS- (a) PROGRAM.—As part of the activities au- tional requirements, roles and responsibil- TEMS.—The Director shall carry out activi- thorized under section 209 of the Department ities of National Laboratories and industry, ties to develop, test, and support mathe- of Energy Organization Act (42 U.S.C. 7139) acquisition strategy, and estimated re- matics, models, and algorithms for complex and section 972 of the Energy Policy Act of systems, as well as programming environ- sources required, to achieve this exascale 2005 (42 U.S.C. 16312), the Director shall carry ments, tools, languages, and operating sys- system capability. The report shall include out a fusion energy sciences research and en- tems for high-end computing systems (as de- the Secretary’s plan for Departmental orga- abling technology development program to fined in section 2 of the Department of En- nization to manage and execute the Exascale effectively address the scientific and engi- ergy High-End Computing Revitalization Act Computing Program, including definition of neering challenges to building a cost-com- of 2004 (15 U.S.C. 5541)). the roles and responsibilities within the De- petitive fusion power plant and to establish (e) EXASCALE COMPUTING PROGRAM.—Sec- partment to ensure an integrated program a competitive fusion power industry in the tion 3 of the Department of Energy High-End across the Department. The report shall also United States. As part of this program, the Computing Revitalization Act of 2004 (15 include a plan for ensuring balance and Director shall carry out research activities U.S.C. 5542) is amended— prioritizing across ASCR subprograms in a to expand the fundamental understandings of (1) in subsection (a)— flat or slow-growth budget environment. plasmas and matter at very high tempera- (A) in paragraph (1), by striking ‘‘pro- ‘‘(B) STATUS REPORTS.—At the time of the tures and densities for fusion applications gram’’ and inserting ‘‘coordinated program budget submission of the Department for and for other plasma science applications. across the Department’’; each fiscal year, the Secretary shall submit (b) TOKAMAK RESEARCH AND DEVELOP- (B) by striking ‘‘and’’ at the end of para- a report to Congress that describes the sta- MENT.— graph (1); tus of milestones and costs in achieving the (1) IN GENERAL.—As part of the program de- (C) by striking the period at the end of objectives of the exascale computing pro- scribed in subsection (a), the Director shall paragraph (2) and inserting ‘‘; and’’; and gram. support research and development activities (D) by adding at the end the following new ‘‘(C) EXASCALE MERIT REPORT.—At least 18 and facility operations to— paragraph: months prior to the initiation of construc- (A) optimize the tokamak approach to fu- ‘‘(3) partner with universities, National tion or installation of any exascale-class sion energy; and Laboratories, and industry to ensure the computing facility, the Secretary shall (B) determine the viability of the tokamak broadest possible application of the tech- transmit a plan to the Congress detailing— approach to fusion energy to lead to a com- nology developed in this program to other ‘‘(i) the proposed facility’s cost projections mercial fusion power plant. challenges in science, engineering, medicine, and capabilities to significantly accelerate (2) ITER.— and industry.’’; the development of new energy technologies; (A) RESPONSIBILITIES.—The Director shall (2) in subsection (b)(2), by striking ‘‘vec- ‘‘(ii) technical risks and challenges that coordinate and carry out the responsibilities tor’’ and all that follows through ‘‘architec- must be overcome to achieve successful com- of the United States with respect to the tures’’ and inserting ‘‘computer technologies pletion and operation of the facility; and ITER international fusion project pursuant that show promise of substantial reductions ‘‘(iii) an independent assessment of the sci- to the Agreement on the Establishment of in power requirements and substantial gains entific and technological advances expected the International Fusion Energy Organiza- in parallelism of multicore processors, con- from such a facility relative to those ex- tion for the Joint Implementation of the currency, memory and storage, bandwidth, pected from a comparable investment in ex- ITER Project. and reliability’’; and panded research and applications at (B) REPORT.—Not later than 1 year after (3) by striking subsection (d) and inserting terascale-class and petascale-class com- the date of enactment of this Act, the Sec- the following: puting facilities, including an evaluation of retary shall submit to Congress a report pro- ‘‘(d) EXASCALE COMPUTING PROGRAM.— where investments should be made in the viding an assessment of— ‘‘(1) IN GENERAL.—The Secretary shall con- system software and algorithms to enable (i) the most recent schedule for ITER that duct a coordinated research program to de- these advances.’’. has been approved by the ITER Council; and

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3480 CONGRESSIONAL RECORD — HOUSE May 20, 2015 (ii) progress of the ITER Council and the ties to identify, characterize, and create ma- tectors to create and study interactions of ITER Director-General toward implementa- terials that can endure the neutron, plasma, novel particles and investigate fundamental tion of the recommendations of the Third Bi- and heat fluxes expected in a commercial fu- forces. ennial International Organization Manage- sion power plant. As part of the activities (c) NEUTRINO RESEARCH.—As part of the ment Assessment Report. authorized under subsection (g), the Sec- program described in subsection (a), the Di- (C) FAIRNESS IN COMPETITION FOR SOLICITA- retary shall— rector shall carry out research activities on TIONS FOR INTERNATIONAL PROJECT ACTIVI- (1) provide an assessment of the need for a rare decay processes and the nature of the TIES.—Section 33 of the Atomic Energy Act facility or facilities that can examine and neutrino, which may include collaborations of 1954 (42 U.S.C. 2053) is amended by adding test potential fusion and next generation fis- with the National Science Foundation or at the end the following: ‘‘For purposes of sion reactor materials and other enabling international collaborations on relevant re- this section, with respect to international technologies relevant to the development of search projects. research projects, the term ‘private facilities commercial fusion power plants; and (d) DARK ENERGY AND DARK MATTER RE- or laboratories’ shall refer to facilities or (2) provide an assessment of whether a sin- SEARCH.—As part of the program described in laboratories located in the United States.’’. gle new facility that substantially addresses subsection (a), the Director shall carry out (D) SENSE OF CONGRESS.—It is the sense of magnetic fusion, inertial fusion, and next research activities on the nature of dark en- Congress that the United States should sup- generation fission materials research needs ergy and dark matter. These activities shall port a robust, diverse program in addition to is feasible, in conjunction with the expected be consistent with the research priorities meeting its commitments to ITER. It is fur- capabilities of facilities operational at the identified by the High Energy Physics Advi- ther the sense of Congress that developing time of this assessment. sory Panel or the National Academy of the scientific basis for fusion, providing re- (f) GENERAL PLASMA SCIENCE AND APPLICA- Sciences, and may include— search results key to the success of ITER, TIONS.—Not later than 2 years after the date (1) collaborations with the National Aero- and training the next generation of fusion of enactment of this Act, the Secretary shall nautics and Space Administration, the Na- scientists are of critical importance to the provide to Congress an assessment of oppor- tional Science Foundation, or international United States and should in no way be di- tunities in which the United States can pro- collaborations on relevant research projects; minished by participation of the United vide world-leading contributions to advanc- and States in the ITER project. ing plasma science and non-fusion energy ap- (2) the development of space-based, land- (c) INERTIAL FUSION ENERGY RESEARCH AND plications, and identify opportunities for based, and underground facilities and experi- DEVELOPMENT PROGRAM.—The Secretary partnering with other Federal agencies both ments. shall carry out a program of research and within and outside of the Department of En- (e) FACILITY CONSTRUCTION AND MAJOR technology development in inertial fusion ergy. ITEMS OF EQUIPMENT.—Consistent with the Office of Science’s project management prac- for energy applications, including ion beam, (g) IDENTIFICATION OF PRIORITIES.— laser, and pulsed power fusion systems. tices, the Director shall support construc- (1) REPORT.—Not later than 2 years after (d) ALTERNATIVE AND ENABLING CON- the date of enactment of this Act, the Sec- tion or fabrication of— CEPTS.— retary shall transmit to Congress a report on (1) an international Long-Baseline Neu- (1) IN GENERAL.—As part of the program de- the Department’s proposed fusion energy re- trino Facility based in the United States; scribed in subsection (a), the Director shall search and development activities over the (2) the Muon to Electron Conversion Exper- support research and development activities following 10 years under at least 3 realistic iment; and facility operations at United States uni- budget scenarios, including a scenario based (3) Second Generation Dark Matter experi- versities, national laboratories, and private on 3 percent annual growth in the non-ITER ments; facilities for a portfolio of alternative and portion of the budget for fusion energy re- (4) the Dark Energy Spectroscopic Instru- enabling fusion energy concepts that may search and development activities. The re- ment; provide solutions to significant challenges to port shall— (5) the Large Synoptic Survey Telescope the establishment of a commercial magnetic (A) identify specific areas of fusion energy camera; fusion power plant, prioritized based on the research and enabling technology develop- (6) upgrades to components of the Large ability of the United States to play a leader- ment in which the United States can and Hadron Collider; and ship role in the international fusion research should establish or solidify a lead in the (7) other high priority projects rec- community. Fusion energy concepts and ac- global fusion energy development effort; ommended in the most recent report of the tivities explored under this paragraph may (B) identify priorities for initiation of fa- Particle Physics Project Prioritization include— cility construction and facility decommis- Panel of the High Energy Physics Advisory (A) high magnetic field approaches facili- sioning under each of those scenarios; Panel. tated by high temperature superconductors; (f) ACCELERATOR RESEARCH AND DEVELOP- (C) provide a roadmap addressing critical (B) advanced stellarator concepts; MENT.—As part of the program described in scientific challenges to ensure that within 10 (C) non-tokamak confinement configura- subsection (a), the Director shall carry out years after the date of enactment of this Act tions operating at low magnetic fields; research and development in advanced accel- there is sufficient basis to justify and moti- (D) magnetized target fusion energy con- erator concepts and technologies, including vate the initiation of an applied fusion en- cepts; laser technologies, to reduce the necessary ergy development program; and (E) liquid metals to address issues associ- scope and cost for the next generation of par- (D) assess the ability of the United States ated with fusion plasma interactions with ticle accelerators, in coordination with the fusion workforce to carry out the activities the inner wall of the encasing device; Office of Science’s Basic Energy Sciences identified in subparagraphs (A) through (C), (F) immersion blankets for heat manage- and Nuclear Physics programs. including the adequacy of college and uni- ment and fuel breeding; (g) INTERNATIONAL COLLABORATION.—The versity programs to train the leaders and (G) advanced scientific computing activi- Director, as practicable and in coordination workers of the next generation of fusion en- ties: and with other appropriate Federal agencies as ergy researchers. (H) other promising fusion energy concepts necessary, shall ensure the access of United (2) PROCESS.—In order to develop the re- identified by the Director. States researchers to the most advanced ac- port required under paragraph (1), the Sec- (2) COORDINATION WITH ARPA–E.—The Under celerator facilities and research capabilities retary shall leverage best practices and les- Secretary and the Director shall coordinate in the world, including the Large Hadron sons learned from the process used to de- with the Director of the Advanced Research Collider. velop the most recent report of the Particle Projects Agency–Energy (in this paragraph SEC. 609. NUCLEAR PHYSICS PROGRAM. Physics Project Prioritization Panel of the referred to as ‘‘ARPA–E’’) to— (a) PROGRAM.—As part of the activities au- High Energy Physics Advisory Panel. No (A) assess the potential for any fusion en- thorized under section 209 of the Department member of the Fusion Energy Sciences Advi- ergy project supported by ARPA–E to rep- of Energy Organization Act (42 U.S.C. 7139), sory Committee shall be excluded from par- resent a promising approach to a commer- the Director shall carry out a research pro- ticipating in developing or voting on final cially viable fusion power plant; gram, and support relevant facilities, to dis- approval of the report required under para- (B) determine whether the results of any cover and understand various forms of nu- graph (1). fusion energy project supported by ARPA–E clear matter. merit the support of follow-on research ac- SEC. 608. HIGH ENERGY PHYSICS PROGRAM. (b) FACILITY CONSTRUCTION.— tivities carried out by the Office of Science; (a) IN GENERAL.—As part of the activities (1) IN GENERAL.—Consistent with the Office and authorized under section 209 of the Depart- of Science’s project management practices, (C) avoid unintentional duplication of ac- ment of Energy Organization Act (42 U.S.C. the Director shall continue to support the tivities. 7139), the Director shall carry out a research construction of the Facility for Rare Isotope (e) FUSION MATERIALS RESEARCH AND DE- program on the elementary constituents of Beams. VELOPMENT.—As part of the activities au- matter and energy and the nature of space (2) REPEAL.—Section 981 of the Energy Pol- thorized in section 978 of the Energy Policy and time. icy Act of 2005 (42 U.S.C. 16321) is repealed. Act of 2005 (42 U.S.C. 16318), the Director, in (b) ENERGY FRONTIER RESEARCH.—As part (c) ISOTOPE DEVELOPMENT AND PRODUCTION coordination with the Assistant Secretary of the program described in subsection (a), FOR RESEARCH APPLICATIONS.— for Nuclear Energy of the Department, shall the Director shall carry out research using (1) IN GENERAL.—The Director shall carry carry out research and development activi- high energy accelerators and advanced de- out a program for the production of isotopes

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3481 that the Director determines are needed for the awardee provided in return for such in- through competitive selection processes. In research and applications, including— vestments. selecting consortia, the Secretary shall con- (A) the development of techniques to ‘‘(3) Additional financial support that the sider the information a consortium must dis- produce isotopes; and awardee plans to invest or has invested into close according to subsection (b), as well as (B) support for infrastructure required for the technology developed under the award, any existing facilities a consortium will pro- isotope research and production. or that the awardee is seeking from third vide for Hub activities. Awards made to a (2) COORDINATION.—In making the deter- parties. Hub shall be for a period not to exceed 5 mination described in paragraph (1), the Sec- ‘‘(4) Revenue from the licensing or sale of years, after which the award may be re- retary shall— new products or services resulting from the newed, subject to a rigorous merit review. A (A) ensure that isotope production activi- research conducted under the award.’’; and Hub already in existence on the date of en- ties do not compete with private industry (2) in paragraph (2) of subsection (o), as so actment of this Act may continue to receive unless critical national interests necessitate redesignated by paragraph (1) of this section, support for a period of 5 years beginning on the Federal Government’s involvement; and by— the date of establishment of that Hub. (B) consider any relevant recommenda- (A) striking ‘‘and’’ at the end of subpara- (d) HUB OPERATIONS.— tions made by Federal advisory committees, graph (D); (1) IN GENERAL.—Each Hub shall conduct or the National Academies, and interagency (B) striking the period at the end of sub- provide for multidisciplinary, collaborative working groups in which the Department paragraph (E) and inserting a semicolon; and research, development, demonstration, and, participates. (C) adding at the end the following: where appropriate, commercial application ‘‘(F) $325,000,000 for fiscal year 2016; of advanced energy technologies within the SEC. 610. SCIENCE LABORATORIES INFRASTRUC- technology development focus designated TURE PROGRAM. ‘‘(G) $341,250,000 for fiscal year 2017; under subsection (a)(2). Each Hub shall— (a) PROGRAM.—The Director shall carry out ‘‘(H) $358,312,500 for fiscal year 2018; (A) encourage collaboration and commu- a program to improve the safety, efficiency, ‘‘(I) $376,228,125 for fiscal year 2019; and nication among the member qualifying enti- and mission readiness of infrastructure at ‘‘(J) $395,039,531 for fiscal year 2020.’’. ties of the consortium and awardees by con- Office of Science laboratories. The program Subtitle C—Energy Innovation ducting activities whenever practicable at shall include projects to— SEC. 641. ENERGY INNOVATION HUBS. one centralized location; (1) renovate or replace space that does not (a) AUTHORIZATION OF PROGRAM.— (B) develop and publish on the Department meet research needs; (1) IN GENERAL.—The Secretary of Energy of Energy’s website proposed plans and pro- (2) replace facilities that are no longer cost shall carry out a program to enhance the Na- grams; effective to renovate or operate; tion’s economic, environmental, and energy (C) submit an annual report to the Sec- (3) modernize utility systems to prevent security by making awards to consortia for retary summarizing the Hub’s activities, in- failures and ensure efficiency; establishing and operating Energy Innova- cluding detailing organizational expendi- (4) remove excess facilities to allow safe tion Hubs to conduct and support, whenever tures, and describing each project under- and efficient operations; and practicable at one centralized location, mul- taken by the Hub; and (5) construct modern facilities to conduct tidisciplinary, collaborative research, devel- (D) monitor project implementation and advanced research in controlled environ- opment, demonstration, and commercial ap- coordination. mental conditions. plication of advanced energy technologies. (2) CONFLICTS OF INTEREST.— (b) APPROACH.—In carrying out this sec- (2) TECHNOLOGY DEVELOPMENT FOCUS.—The (A) PROCEDURES.—Hubs shall maintain tion, the Director shall utilize all available Secretary shall designate for each Hub a conflict of interest procedures, consistent approaches and mechanisms, including cap- unique advanced energy technology focus. with those of the Department of Energy, to ital line items, minor construction projects, (3) COORDINATION.—The Secretary shall en- ensure that employees and consortia des- energy savings performance contracts, util- sure the coordination of, and avoid unneces- ignees for Hub activities who are in decision- ity energy service contracts, alternative fi- sary duplication of, the activities of Hubs making capacities disclose all material con- nancing, and expense funding, as appro- with those of other Department of Energy flicts of interest. priate. research entities, including the National (B) DISQUALIFICATION AND REVOCATION.— (c) DEFINITION.—The term ‘‘Office of Laboratories, the Advanced Research The Secretary may disqualify an application Science laboratory’’ means a subset of Na- Projects Agency-Energy, Energy Frontier or revoke funds distributed to a Hub if the tional Laboratories as defined in section 2(3) Research Centers, and within industry. Secretary discovers a failure to comply with of the Energy Policy Act of 2005 (42 U.S.C. (b) CONSORTIA.— conflict of interest procedures established 15801) consisting of subparagraphs (A), (B), (1) ELIGIBILITY.—To be eligible to receive under subparagraph (A). (C), (D), (F), (K), (L), (M), (P), and (Q). an award under this section for the estab- (3) PROHIBITION ON CONSTRUCTION.— SEC. 611. AUTHORIZATION OF APPROPRIATIONS. lishment and operation of a Hub, a consor- (A) IN GENERAL.—No funds provided pursu- There are authorized to be appropriated to tium shall— ant to this section may be used for construc- the Secretary for the activities of the Office (A) be composed of no fewer than 2 quali- tion of new buildings or facilities for Hubs. of Science— fying entities; and Construction of new buildings or facilities (1) $5,339,794,000 for fiscal year 2016; (B) operate subject to an agreement en- shall not be considered as part of the non- (2) $5,606,783,700 for fiscal year 2017; tered into by its members that documents— Federal share of a Hub cost-sharing agree- (3) $5,887,122,885 for fiscal year 2018; (i) the proposed partnership agreement, in- ment. (4) $6,181,479,029 for fiscal year 2019; and cluding the governance and management (B) TEST BED AND RENOVATION EXCEPTION.— (5) $6,490,552,981 for fiscal year 2020. structure of the Hub; Nothing in this subsection shall prohibit the Subtitle B—ARPA–E (ii) measures to enable cost-effective im- use of funds provided pursuant to this sec- plementation of the program under this sec- SEC. 621. SHORT TITLE. tion, or non-Federal cost share funds, for re- tion; search or for the construction of a test bed This subtitle may be cited as the ‘‘ARPA– (iii) a proposed budget, including financial E Reauthorization Act of 2015’’. or renovations to existing buildings or facili- contributions from non-Federal sources; ties for the purposes of research if the Sec- SEC. 622. ARPA–E AMENDMENTS. (iv) a plan for managing intellectual prop- retary determines that the test bed or ren- Section 5012 of the America COMPETES erty rights; and ovations are limited to a scope and scale Act (42 U.S.C. 16538) is amended— (v) an accounting structure that enables necessary for the research to be conducted. (1) by redesignating subsection (n) as sub- the Secretary to ensure that the consortium (e) TERMINATION.—Consistent with the ex- section (o) and inserting after subsection (m) has complied with the requirements of this isting authorities of the Department, the the following new subsection: section. Secretary may terminate an underper- ‘‘(n) PROTECTION OF PROPRIETARY INFORMA- (2) APPLICATION.—A consortium seeking to forming Hub for cause during the perform- TION.—The following categories of informa- establish and operate a Hub under this sec- ance period. tion collected by the Advanced Research tion, acting through a prime applicant, shall (f) DEFINITIONS.—For purposes of this sec- Projects Agency-Energy from recipients of transmit to the Secretary an application at tion: financial assistance awards shall be consid- such time, in such form, and accompanied by (1) ADVANCED ENERGY TECHNOLOGY.—The ered privileged and confidential and not sub- such information as the Secretary shall re- term ‘‘advanced energy technology’’ means— ject to disclosure pursuant to section 552 of quire, including a detailed description of the (A) an innovative technology— title 5, United States Code: elements of the consortium agreement re- (i) that produces energy from solar, wind, ‘‘(1) Plans for commercialization of tech- quired under paragraph (1)(B). If the consor- geothermal, biomass, tidal, wave, ocean, or nologies developed under the award, includ- tium members will not be located at one cen- other renewable energy resources; ing business plans, technology to market tralized location, such application shall in- (ii) that produces nuclear energy; plans, market studies, and cost and perform- clude a communications plan that ensures (iii) for carbon capture and sequestration; ance models. close coordination and integration of the (iv) that enables advanced vehicles, vehicle ‘‘(2) Investments provided to an awardee Hub’s activities. components, and related technologies that from third parties, such as venture capital, (c) SELECTION AND SCHEDULE.—The Sec- result in significant energy savings; hedge fund, or private equity firms, includ- retary shall select consortia for awards for (v) that generates, transmits, distributes, ing amounts and percentage of ownership of the establishment and operation of Hubs utilizes, or stores energy more efficiently

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3482 CONGRESSIONAL RECORD — HOUSE May 20, 2015 than conventional technologies, including (3) by inserting after subsection (e) the fol- ‘‘(ii) identifies opportunities to improve through Smart Grid technologies; or lowing new subsections: the effectiveness of the pilot program; (vi) that enhances the energy independence ‘‘(f) AGREEMENTS FOR COMMERCIALIZING ‘‘(iii) assesses the potential for program ac- and security of the United States by ena- TECHNOLOGY PILOT PROGRAM.— tivities to interfere with the responsibilities bling improved or expanded supply and pro- ‘‘(1) IN GENERAL.—The Secretary shall of the National Laboratories to the Depart- duction of domestic energy resources, in- carry out the Agreements for Commer- ment; and cluding coal, oil, and natural gas; cializing Technology pilot program of the ‘‘(iv) provides a recommendation regarding (B) research, development, demonstration, Department, as announced by the Secretary the future of the pilot program. and commercial application activities nec- on December 8, 2011, in accordance with this ‘‘(B) TRANSPARENCY.—The Secretary, in co- essary to ensure the long-term, secure, and subsection. ordination with directors of the National sustainable supply of energy critical ele- ‘‘(2) TERMS.—Each agreement entered into Laboratories, shall submit to the Committee ments; or pursuant to the pilot program referred to in on Science, Space, and Technology of the (C) another innovative energy technology paragraph (1) shall provide to the contractor House of Representatives and the Committee area identified by the Secretary. of the applicable National Laboratory, to the on Energy and Natural Resources of the Sen- (2) ENERGY CRITICAL ELEMENT.—The term maximum extent determined to be appro- ate an annual report that accounts for all ‘‘energy critical element’’ means any of a priate by the Secretary, increased authority incidences of, and provides a justification class of chemical elements that have a high to negotiate contract terms, such as intellec- for, non-Federal entities using funds derived risk of a supply disruption and are critical to tual property rights, payment structures, from a Federal contract or award to carry one or more new, energy-related tech- performance guarantees, and multiparty col- out agreements pursuant to this subsection. laborations. nologies such that a shortage of such ele- ‘‘(g) INCLUSION OF TECHNOLOGY MATURATION ‘‘(3) ELIGIBILITY.— ment would significantly inhibit large-scale IN AUTHORIZED TECHNOLOGY TRANSFER AC- ‘‘(A) IN GENERAL.—Any director of a Na- deployment of technologies that produce, TIVITIES.—The Secretary shall permit the di- tional Laboratory may enter into an agree- transmit, store, or conserve energy. rectors of the National Laboratories to use ment pursuant to the pilot program referred (3) HUB.—The term ‘‘Hub’’ means an En- funds authorized to support technology to in paragraph (1). ergy Innovation Hub established or oper- transfer, following the standard practices of ‘‘(B) AGREEMENTS WITH NON-FEDERAL ENTI- ating in accordance with this section, includ- the Department, to carry out technology TIES.—To carry out subparagraph (A) and ing any Energy Innovation Hub existing as maturation activities to identify and im- of the date of enactment of this Act. subject to subparagraph (C), the Secretary shall permit the directors of the National prove potential commercial application op- (4) QUALIFYING ENTITY.—The term ‘‘quali- Laboratories to execute agreements with a portunities and demonstrate applications of fying entity’’ means— non-Federal entity, including a non-Federal research and technologies arising from Na- (A) an institution of higher education; entity already receiving Federal funding tional Laboratory activities.’’. (B) an appropriate State or Federal entity, that will be used to support activities under (c) DELEGATION OF AUTHORITY FOR TECH- including the Department of Energy Feder- agreements executed pursuant to subpara- NOLOGY TRANSFER AGREEMENTS.— ally Funded Research and Development Cen- graph (A), provided that such funding is sole- (1) AUTHORITY.—The Secretary of Energy ters; ly used to carry out the purposes of the Fed- shall delegate to directors of the National (C) a nongovernmental organization with eral award. Laboratories signature authority for any expertise in advanced energy technology re- ‘‘(C) RESTRICTION.—The requirements of technology transfer agreement with a total search, development, demonstration, or com- chapter 18 of title 35, United States Code cost of not more than $500,000, including both mercial application; or (commonly known as the ‘Bayh-Dole Act’) National Laboratory contributions and the (D) any other relevant entity the Sec- shall apply if— project recipient cost share contribution, if retary considers appropriate. ‘‘(i) the agreement is a funding agreement such an agreement falls within the scope of SEC. 642. PARTICIPATION IN THE INNOVATION (as that term is defined in section 201 of that a strategic plan for the National Laboratory CORPS PROGRAM. title); and that has been approved by the Department. (a) AGREEMENT.—The Secretary of Energy ‘‘(ii) at least 1 of the parties to the funding (2) AGREEMENTS INCLUDED.—The agree- shall enter into an agreement with the Di- agreement is eligible to receive rights under ments to which this subsection applies in- rector of the National Science Foundation to that chapter. clude— enable researchers funded by the Department ‘‘(4) SUBMISSION TO SECRETARY.—Each af- (A) Cooperative Research and Development of Energy to participate in the Innovation fected director of a National Laboratory Agreements; and Corps program authorized by section 307. shall submit to the Secretary, with respect (B) non-Federal Work for Others Agree- (b) AUTHORIZATION.—The Secretary of En- ergy may also establish a Department of En- to each agreement entered into under this ments. ergy Innovation Corps program, modeled subsection— (3) AVAILABILITY OF RECORDS.— after the National Science Foundation Inno- ‘‘(A) a summary of information relating to (A) Not later than 7 days after the date on vation Corps program, to incorporate experts the relevant project; which the director of a National Laboratory from the Department of Energy National ‘‘(B) the total estimated costs of the enters into an agreement under this sub- Laboratories in the training curriculum of project; section, such director shall submit to the the program. ‘‘(C) estimated commencement and com- Secretary of Energy for monitoring and re- SEC. 643. TECHNOLOGY TRANSFER. pletion dates of the project; and view all records of the National Laboratory (a) REPORT.—Not later than 1 year after ‘‘(D) other documentation determined to relating to the agreement. the date of enactment of this Act, and annu- be appropriate by the Secretary. (B) Not later than 30 days after the date on ally thereafter, the Secretary of Energy ‘‘(5) CERTIFICATION.—The Secretary shall which the director of a specific National shall transmit to the Committee on Science, require the contractor of the affected Na- Laboratory enters into an agreement under Space, and Technology of the House of Rep- tional Laboratory to certify that each activ- this subsection, the Secretary may termi- resentatives and the Committee on Energy ity carried out under a project for which an nate the agreement and the authority of any and Natural Resources of the Senate a report agreement is entered into under this sub- director of such National Laboratory to which shall include— section— enter into agreements under this subsection (1) an assessment of the Department’s cur- ‘‘(A) is not in direct competition with the if— rent ability to carry out the goals of section private sector; and (i) all records of the National Laboratory 1001 of the Energy Policy Act of 2005 (42 ‘‘(B) does not present, or minimizes, any relating to the agreement have not been U.S.C. 16391), including an assessment of the apparent conflict of interest, and avoids or transmitted to the Secretary in accordance role and effectiveness of the Director of the neutralizes any actual conflict of interest, as with subparagraph (A); or Office of Technology Transitions; and a result of the agreement under this sub- (ii) the Secretary determines that this (2) recommended departmental policy section. agreement is inconsistent with the mission changes and legislative changes to section ‘‘(6) EXTENSION.—The pilot program re- of the Department. 1001 of the Energy Policy Act of 2005 (42 ferred to in paragraph (1) shall be extended (4) LIMITATION.—This subsection does not U.S.C. 16391) to improve the Department’s until October 31, 2017. apply to any agreement with a majority for- ability to successfully transfer new energy ‘‘(7) REPORTS.— eign-owned company. technologies to the private sector. ‘‘(A) OVERALL ASSESSMENT.—Not later than (5) SUNSET.— (b) AMENDMENTS.—Section 1001 of the En- 60 days after the date described in paragraph (A) IN GENERAL.—This subsection shall ergy Policy Act of 2005 (42 U.S.C. 16391) is (6), the Secretary, in coordination with di- apply only during the 4-year period begin- amended— rectors of the National Laboratories, shall ning on the date of enactment of this Act. (1) in subsection (e), by striking ‘‘for com- submit to the Committee on Science, Space, (B) ASSESSMENT.—Not later than the date mercial purposes’’ and inserting ‘‘of any sort and Technology of the House of Representa- that is 180 days prior to the last day of the for commercial purposes, including energy tives and the Committee on Energy and Nat- period described in subparagraph (A), the technologies not currently supported by the ural Resources of the Senate a report that— Secretary shall submit to the Committee on Department of Energy’’; ‘‘(i) assesses the overall effectiveness of Science, Space, and Technology of the House (2) by redesignating subsections (f) and (g) the pilot program referred to in paragraph of Representatives and the Committee on as subsections (h) and (i), respectively; and (1); Energy and Natural Resources of the Senate

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3483 an assessment of the effectiveness of the au- (A) $25,000. mense economic return on our basic re- thority provided to the directors of the Na- (B) The amount equal to 25 percent of the search investments. The original Ris- tional Laboratories under this subsection to annual rate of basic pay of that employee. ing Above the Gathering Storm report accelerate the development of new tech- (C) The amount of the limitation that is called for even greater increases. nologies, and an assessment of any applicable for a calendar year under section My amendment also reauthorizes and incidences of potential misuse of this author- 5307(a)(1) of title 5, United States Code. fully funds ARPA-E, which was created ity in the opinion of the Secretary. (b) TERM.— SEC. 644. FUNDING COMPETITIVENESS FOR IN- (1) IN GENERAL.—The term of any employee in the 2007 COMPETES Act and has ex- STITUTIONS OF HIGHER EDUCATION appointed under this section shall not exceed ceeded every expectation for creating AND OTHER NONPROFIT INSTITU- 3 years. innovative new energy technologies TIONS. (2) TERMINATION.—The Under Secretary and spurring private sector follow-on Section 988(b) of the Energy Policy Act of shall have the authority to terminate any investment. 2005 (42 U.S.C. 16352(b)) is amended— employee appointed under this section at (1) in paragraph (1), by striking ‘‘Except as In addition, my amendment author- any time based on performance or changing provided in paragraphs (2) and (3)’’ and in- izes and funds important innovation project or research needs of the Department. serting ‘‘Except as provided in paragraphs programs at the Department of Com- (2), (3), and (4)’’; and The Acting CHAIR. Pursuant to merce, including an innovation vouch- (2) by adding at the end the following: House Resolution 271, the gentlewoman er pilot program that will help small- ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER from Texas (Ms. EDDIE BERNICE JOHN- and medium-sized manufacturers EDUCATION AND OTHER NONPROFIT INSTITU- SON) and a Member opposed each will across the country grow their busi- TIONS.— control 10 minutes. nesses and create new jobs. ‘‘(A) IN GENERAL.—Paragraph (1) shall not The Chair recognizes the gentle- My amendment fully funds the stand- apply to a research or development activity ards work of NIST, in addition to their performed by an institution of higher edu- woman from Texas. cation or nonprofit institution (as defined in Ms. EDDIE BERNICE JOHNSON of work to help accelerate growth in U.S. section 4 of the Stevenson-Wydler Tech- Texas. Mr. Chairman, I yield myself advanced manufacturing. We need to nology Innovation Act of 1980 (15 U.S.C. such time as I may consume. bring those manufacturing jobs back 3703)). Mr. Chairman, so much of today’s de- home, and we need to Make It In Amer- ‘‘(B) TERMINATION DATE.—The exemption bate has been about how harmful the ica. NIST is an essential partner in this under subparagraph (A) shall apply during effort. the 6-year period beginning on the date of underlying legislation is for our Nation enactment of this paragraph.’’. and how it violates every one of the b 1745 SEC. 645. UNDER SECRETARY FOR SCIENCE AND principles of the original COMPETES Finally, my amendment takes seri- ENERGY. bill. I am now pleased to be offering a ously the issue of STEM education, in- (a) IN GENERAL.—Section 202(b) of the De- positive way forward in the form of a cluding broadening participation in partment of Energy Organization Act (42 substitute bill cosponsored by every STEM. Our STEM language is not just U.S.C. 7132(b)) is amended— Democratic member of the committee (1) by striking ‘‘Under Secretary for senses of Congress about how impor- Science’’ each place it appears and inserting in addition to the minority leader, Mr. tant STEM is and other filler provi- ‘‘Under Secretary for Science and Energy’’; HOYER. sions. and I spoke earlier about the history of Our language directs real important (2) in paragraph (4)— the COMPETES bill and the principles policy changes to help ensure that all (A) in subparagraph (F), by striking ‘‘and’’ it has embodied since the Rising Above U.S. students and researchers have the at the end; the Gathering Storm report set us on opportunity to fully develop their tal- (B) in subparagraph (G), by striking the pe- this path 10 years ago. The substitute ents in STEM and pursue successful riod at the end and inserting a semicolon; and amendment, which we introduced as STEM careers. (C) by inserting after subparagraph (G) the H.R. 1898, stays true to one of these We are facing a demographic impera- following: principles. tive. If we do not find a way to turn ‘‘(H) establish appropriate linkages be- It sets targets that provide for steady around the underrepresentation of tween offices under the jurisdiction of the and sustained real growth in funding women and minorities in STEM fields, Under Secretary; and for our research and development agen- our Nation will fall well short of the ‘‘(I) perform such functions and duties as cies. It makes a strong statement that skilled workforce our industries de- the Secretary shall prescribe, consistent the U.S. Congress sees funding for re- mand. Our substitute puts our money with this section.’’. before where our mouth is when it (b) CONFORMING AMENDMENTS.— search across all fields of basic re- (1) Section 3164(b)(1) of the Department of search as a top national priority. It comes to STEM and corrects a glaring Energy Science Education Enhancement Act does not include false and detrimental deficit in the underlying legislation. (42 U.S.C. 7381a(b)(1)) is amended by striking choices and tradeoffs among different I am proud of my work that I have ‘‘Under Secretary for Science’’ and inserting fields of science and engineering. It en- done on this committee for many years ‘‘Under Secretary for Science and Energy’’. sures that scientific experts, not politi- and of the contributions that many of (2) Section 641(h)(2) of the United States cians, continue to set priorities for my colleagues made to this substitute Energy Storage Competitiveness Act of 2007 amendment. It truly is a COMPETES (42 U.S.C. 17231(h)(2)) is amended by striking funding within and among different fields of basic research and for indi- Reauthorization Act in every way. ‘‘Under Secretary for Science’’ and inserting I urge my colleagues on both sides of ‘‘Under Secretary for Science and Energy’’. vidual grants. the aisle to carefully consider the fork SEC. 646. SPECIAL HIRING AUTHORITY FOR SCI- The principles embodied in my sub- in the road before us. If you really ENTIFIC, ENGINEERING, AND stitute amendment continue a pact PROJECT MANAGEMENT PER- want to do right by this great Nation that the Federal Government made SONNEL. and by our children and our grand- with our Nation’s great research uni- (a) IN GENERAL.—The Under Secretary children, you will vote for the sub- shall have the authority to— versities following our victory in World stitute amendment and replace the un- (1) make appointments of scientific, engi- War II and the onset of the space race derlying legislation with a positive neering, and professional personnel, without that led us to the creation of NSF and path forward. regard to civil service laws, to assist the De- NASA. partment in meeting specific project or re- This amendment will open the doors search needs; This pact is what has made NSF, the for innovation and education for our (2) fix the basic pay of any employee ap- National Institute of Standards and Nation’s future. It will not be trade, as pointed under this section at a rate to be de- Technology, or NIST, and the Depart- many have said, that will cause us to termined by the Under Secretary at rates ment of Energy among the world’s lose these jobs; it will be our compa- not in excess of the Executive Schedule (EX– greatest and most admired research nies searching around the world look- II) without regard to the civil service laws; agencies. and ing for talent and innovation. Specifically, my amendment fully Look out for America’s future. Vote (3) pay any employee appointed under this funds these agencies at the fiscal year section payments in addition to basic pay, for this amendment. except that the total amount of additional 2016 request level and continues to pro- I reserve the balance of my time payments paid to an employee under this vide 5 percent annual increases for 5 Mr. SMITH of Texas. Mr. Chairman, I subsection for any 12-month period shall not years. This modest investment is al- claim the time in opposition to the exceed the least of the following amounts: ready a compromise, given the im- amendment.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.043 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3484 CONGRESSIONAL RECORD — HOUSE May 20, 2015 The Acting CHAIR. The gentleman is the principles of the original America Mr. SMITH of Texas. Mr. Chairman, I recognized for 10 minutes. COMPETES Act. yield 2 minutes to the gentleman from Mr. SMITH of Texas. Mr. Chairman, I Mr. Chairman, in 2007, I served on the Texas (Mr. BABIN), who is a member of oppose the gentlewoman’s amendment. conference committee that worked out the Science, Space, and Technology As I mentioned in my opening re- the House-Senate compromise on the Committee. marks, I support a responsible and sus- original COMPETES bill. In 2010, I Mr. BABIN. Mr. Chairman, I rise in tainable path forward for U.S. science, wrote the NSF title on the reauthoriza- opposition to the gentlewoman’s research, and development. We must tion. These are two of my proudest mo- amendment. prioritize the areas of basic research to ments in Congress because those were The gentlewoman’s amendment ensure future U.S. economic competi- bipartisan bills that set us on a path to makes everything a priority so that tiveness and spur private sector inno- continue leading the world in scientific nothing really is. This amendment vation. research and innovation for the next rubberstamps the administration’s This amendment ignores the caps set generation. budget request, which fails to make by the Budget Control Act, which the Sadly, in recent years, we have let choices, spreading a little bit of re- ranking member herself supported, and that progress stall. Make no mistake, search funding around to try to please ignores the tough choices that must be other nations are continuing to invest everyone. made to protect the American taxpayer and are continuing to innovate. If we Compared to the gentlewoman’s pro- and future generations from more debt. don’t come together to send a strong posal, H.R. 1806 funds 329 more new It is irresponsible not to adhere to the message and provide strong support for grants in biology next year, 398 more Budget Control Act, which was signed scientific research, America will no new grants in computer science, 457 into law by President Obama. longer be able to compete. more new grants in engineering, and The Budget Control Act was a bipar- The COMPETES bill is an investment 955 more new grants in math and the tisan agreement that 95 Democrats bill. I understand the threat of our physical sciences. voted for, including the ranking mem- enormous Federal debt; but, without These are research grants that are ber. Now, she wants to ignore that par- the types of investments that are made going to universities and research in- ticular law. Although many Members in the COMPETES bill, we will not pro- stitutions across the country, fueling would like to see the Budget Control mote the economic growth that we innovation and driving economic com- Act replaced, it is the law of the land, need to end our deficits and pay down petitiveness in the United States. and we should abide by it. our debt. Ms. EDDIE BERNICE JOHNSON of Of course, it is easy just to propose Ranking Member JOHNSON’s alter- Texas. Mr. Chairman, how much time more spending, knowing it will sound native makes those investments. Un- do I have remaining? good, even if it is irresponsible and like the base bill, it does not make The Acting CHAIR. The gentlewoman against the law. In fiscal year 2016 drastic cuts to Advanced Research from Texas has 11⁄2 minutes remaining. alone, this amendment would increase Projects Agency-Energy, which pro- Ms. EDDIE BERNICE JOHNSON of spending by $600 million over the cur- motes and funds research and develop- Texas. Mr. Chairman, I yield 1 minute rent level and the underlying bill. The ment of advanced energy technologies. to the gentlewoman from Oregon (Ms. amendment increases spending on It does not make drastic cuts to the BONAMICI). later-stage research and technology, Office of Energy Efficiency and Renew- Ms. BONAMICI. Mr. Chairman, I best done by the private sector. able Energy that invests in high-risk, thank the gentlewoman for yielding. Since last Congress, we have worked high-value research and development I rise today in support of the sub- hard to reach an agreement with the in the fields of energy efficiency and stitute amendment to H.R. 1806 and minority on numerous policy issues, renewable energy technologies. It focus on one issue. The underlying bill and we have accepted many of their doesn’t cut the geosciences or make a would set a harmful new precedent by provisions and ideas to make this bill more than 50 percent cut to research in authorizing funding at the directorate stronger. the social, behavioral, and economic level. For example, we strengthened STEM sciences. Currently, funding levels for the Na- provisions related to a new advisory Some might think that last one is tional Science Foundation for each di- panel and coordinating office. We also warranted; but, in the Science Com- rectorate are based on strategic prior- included language in support of NIST mittee, we are constantly hearing from ities and science-based recommenda- that passed the House floor on a bipar- witnesses about how social science is tions from the National Science Board. tisan vote last year. vital to the work going on in other This is how it should be and how it re- Also, in title III of the bill are three fields. Members of Congress have fre- mains under the substitute amend- pieces of bipartisan legislation that quently relied on spectrum auctions, ment. passed the Science Committee by voice developed by NSF social science re- By setting authorization levels ac- vote in March. Two of those three search, to raise billions of dollars. cording to directorate, this bill would pieces of legislation were sponsored by Social science is perhaps the most limit the flexibility NSF needs to set Democrats. critical component to preventing cyber strategic priorities and adapt and cap- I urge my colleagues to support a crimes. Considering that the majority italize on unanticipated discoveries. balanced approach of fiscal responsi- of all cyber breaches occur because of I share the concerns of many experts bility and targeted investments in pri- social factors, like using easy-to-guess that the underlying bill would reduce ority science and basic research and passwords or clicking on a link in a authorized funding levels for specific vote ‘‘no’’ on the Democratic sub- phishing attack, we should want to in- directorates: the Directorate for So- stitute. The Democratic substitute ig- crease funding in these areas. cial, Behavioral, and Economic nores the Budget Control Act and does Mr. Chairman, Ms. JOHNSON’s amend- Sciences and the Directorate for Geo- not advance good science in America. ment provides robust support in all of sciences. I reserve the balance of my time. these areas. I agree that the chair- Some of this funding has been used, Ms. EDDIE BERNICE JOHNSON of man’s bill has gotten better and things for example, for Oregon State Univer- Texas. Mr. Chairman, I yield 3 minutes have been added to the bill which have sity to conduct research on ocean to the gentleman from Illinois (Mr. made it a better bill, but still, I think acidification. It has also been used LIPINSKI). there is no question that Ms. JOHNSON’s critically to support the work in Or- Mr. LIPINSKI. Mr. Chairman, I substitute is a much better bill for egon to develop our understanding of thank Ms. JOHNSON for yielding. making the types of investments we the risks posed by a Cascadia I am proud to rise in support of Ms. need in scientific research right now if subduction zone earthquake. Other ex- JOHNSON’s amendment in the nature of we want to make sure that America amples are around the country. a substitute, and I am also proud to co- still competes. This is critical to the In summary, the underlying bill di- sponsor H.R. 1898, which contains the future of our country; this is critical to minishes the ability of the National same language, because this alter- innovation. Science Foundation to make strategic native is much more in keeping with I urge my colleagues to support it. science-based decisions.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.090 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3485 I urge my colleagues to join me in 120 on which further proceedings were Pingree Schiff Tiberi supporting the substitute amendment. postponed, in the following order: Pocan Scott (VA) Titus Polis Scott, David Tonko Mr. SMITH of Texas. Mr. Chairman, Amendment No. 2 by Ms. EDDIE BER- Price (NC) Serrano Torres we are prepared to close, so I reserve NICE JOHNSON of Texas. Quigley Sewell (AL) Van Hollen the balance of my time. Amendment No. 6 by Mr. GRIFFITH of Rangel Sherman Vargas Ms. EDDIE BERNICE JOHNSON of Virginia. Richmond Sires Veasey Texas. Mr. Chairman, I simply will Roybal-Allard Slaughter Vela Amendment No. 8 by Mr. LOWENTHAL Ruiz Smith (WA) Vela´ zquez close by saying, as we have been on of California. Rush Speier Visclosky this floor, we continue to get emails Amendment No. 10 by Ms. BONAMICI Ryan (OH) Stivers Walz and letters from universities and sci- of Oregon. Sa´ nchez, Linda Swalwell (CA) Waters, Maxine T. Takai Watson Coleman entists around this Nation. Amendment No. 11 by Mr. BEYER of I am not presenting this substitute Sanchez, Loretta Takano Welch Virginia. Sarbanes Thompson (CA) Wilson (FL) to be funny; I am presenting this sub- Amendment No. 12 by Ms. EDDIE BER- Schakowsky Thompson (MS) Yarmuth stitute to take us to the professional NICE JOHNSON of Texas. NOES—243 level that the research brought us The Chair will reduce to 2 minutes when we first had America COM- the minimum time for any electronic Abraham Grothman Pearce Aderholt Guinta Perry PETES. It is not a picking and choos- vote after the first vote in this series. ing; it is a professional approach to Allen Guthrie Peterson Amash Hanna funding scientific projects. AMENDMENT NO. 2 OFFERED BY MS. EDDIE Pittenger BERNICE JOHNSON Amodei Hardy Pitts If we mean to look out for the future Babin Harper Poe (TX) of the Nation, as we say we are, this is The Acting CHAIR. The unfinished Barletta Harris Poliquin the legislation that will do it. business is the demand for a recorded Barr Hartzler Pompeo I urge everyone to support it, and I vote on the amendment printed in part Barton Heck (NV) Posey A of House Report 114–120 offered by Benishek Hensarling Price, Tom yield back the balance of my time. Bilirakis Herrera Beutler Ratcliffe Mr. SMITH of Texas. Mr. Chairman, the gentlewoman from Texas (Ms. Bishop (MI) Hice, Jody B. Reed the gentlewoman’s amendment ignores EDDIE BERNICE JOHNSON) on which fur- Bishop (UT) Hill Reichert Black the law of the land. She and more than ther proceedings were postponed and Holding Renacci on which the noes prevailed by voice Blackburn Hudson Ribble 90 other Democrats supported the Blum Huelskamp Rice (NY) Budget Control Act, which was signed vote. Bost Huizenga (MI) Rice (SC) into law by the President. This amend- The Clerk will redesignate the Boustany Hultgren Rigell Brady (TX) Hunter Roby ment ignores those budget caps. amendment. Brat Hurd (TX) The Clerk redesignated the amend- Roe (TN) I support a responsible and sustain- Bridenstine Hurt (VA) Rogers (AL) able path forward for U.S. science, re- ment. Brooks (AL) Issa Rogers (KY) Brooks (IN) Jenkins (KS) Rohrabacher search, and development; but it is nei- RECORDED VOTE Buchanan Jenkins (WV) Rokita ther responsible, nor sustainable, to Buck Johnson (OH) The Acting CHAIR. A recorded vote Rooney (FL) Bucshon Johnson, Sam spend more and more taxpayer dollars has been demanded. Ros-Lehtinen Burgess Jolly and increase the debt that future gen- Roskam A recorded vote was ordered. Byrne Jones erations will inherit. We must The vote was taken by electronic de- Calvert Jordan Ross prioritize the areas of basic research to Carter (GA) Joyce Rothfus vice, and there were—ayes 177, noes 243, Rouzer ensure future economic competitive- Carter (TX) Katko not voting 12, as follows: Chabot Kelly (PA) Royce ness and spur private sector innova- [Roll No. 252] Clawson (FL) King (IA) Ruppersberger tion. Coffman King (NY) Russell AYES—177 Since the last Congress, we have Cole Kinzinger (IL) Ryan (WI) worked hard to reach an agreement Adams DelBene Kilmer Collins (GA) Kline Salmon Aguilar DeSaulnier Kind Collins (NY) Knight Sanford with the minority on numerous policy Ashford Deutch Kuster Conaway LaMalfa Scalise issues, but we have been clear since the Bass Dingell Langevin Cook Lamborn Schrader beginning that increases in spending Beatty Doggett Larsen (WA) Costa Lance Schweikert Becerra Dold Larson (CT) Costello (PA) Latta Scott, Austin need to have reasonable offsets. This Beyer Doyle, Michael Lawrence Cramer Lipinski Sensenbrenner amendment fails to include any offsets Bishop (GA) F. Lee Crenshaw LoBiondo Sessions and openly ignores the Budget Control Blumenauer Duckworth Levin Culberson Long Shimkus Act. Bonamici Edwards Lewis Davis, Rodney Loudermilk Shuster Boyle, Brendan Ellison Lieu, Ted Denham Love Simpson I urge my colleagues to support a F. Engel Loebsack Dent Lucas Sinema balanced approach of fiscal responsi- Brady (PA) Eshoo Lofgren DeSantis Luetkemeyer Smith (MO) bility and targeted investments in pri- Brown (FL) Esty Lowenthal DesJarlais Lummis Smith (NE) ority, science, and basic research. Vote Brownley (CA) Farr Lowey Diaz-Balart MacArthur Smith (NJ) Bustos Fattah Lujan Grisham Duffy Marchant Smith (TX) ‘‘no’’ on the amendment and ‘‘yes’’ on Butterfield Foster (NM) Duncan (SC) Marino Stefanik the underlying bill. Capuano Frankel (FL) Luja´ n, Ben Ray Duncan (TN) Massie Stewart I yield back the balance of my time. Ca´ rdenas Fudge (NM) Ellmers (NC) McCarthy Stutzman The Acting CHAIR. The question is Carney Gabbard Lynch Emmer (MN) McCaul Thompson (PA) Cartwright Gallego Maloney, Farenthold McClintock on the amendment offered by the gen- Thornberry Castor (FL) Grayson Carolyn Fincher McHenry Tipton tlewoman from Texas (Ms. EDDIE BER- Castro (TX) Green, Al Maloney, Sean Fitzpatrick McKinley Trott Chu, Judy Green, Gene Fleischmann McMorris NICE JOHNSON). Matsui Turner Cicilline Grijalva McCollum Fleming Rodgers Upton The question was taken; and the Act- Clark (MA) Gutie´rrez McDermott Flores McSally Valadao ing Chair announced that the noes ap- Clarke (NY) Hahn McGovern Forbes Meadows Wagner Clay Hastings McNerney Fortenberry Meehan peared to have it. Walberg Cleaver Heck (WA) Meeks Foxx Messer Ms. EDDIE BERNICE JOHNSON of Walden Clyburn Higgins Meng Franks (AZ) Mica Texas. Mr. Chairman, I request a re- Cohen Himes Moore Frelinghuysen Miller (FL) Walker corded vote. Connolly Hinojosa Moulton Garamendi Miller (MI) Walorski Conyers Honda Murphy (FL) Garrett Moolenaar Walters, Mimi The Acting CHAIR. Pursuant to Weber (TX) clause 6 of rule XVIII, further pro- Cooper Hoyer Nadler Gibbs Mooney (WV) Courtney Huffman Napolitano Gibson Mullin Webster (FL) ceedings on the amendment offered by Crowley Israel Neal Gohmert Mulvaney Wenstrup the gentlewoman from Texas will be Cuellar Jackson Lee Nolan Goodlatte Murphy (PA) Westerman postponed. Cummings Jeffries Norcross Gosar Neugebauer Westmoreland Curbelo (FL) Johnson (GA) O’Rourke Gowdy Newhouse Whitfield ANNOUNCEMENT BY THE ACTING CHAIR Davis (CA) Johnson, E. B. Pallone Graham Nugent Williams The Acting CHAIR. Pursuant to Davis, Danny Kaptur Pascrell Granger Nunes Wilson (SC) clause 6 of rule XVIII, proceedings will DeFazio Keating Payne Graves (GA) Olson Wittman DeGette Kelly (IL) Pelosi Graves (LA) Palazzo Womack now resume on those amendments Delaney Kennedy Perlmutter Graves (MO) Palmer Woodall printed in part A of House Report 114– DeLauro Kildee Peters Griffith Paulsen Yoder

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.091 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3486 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Yoho Young (IA) Zeldin LaMalfa Paulsen Smith (MO) Swalwell (CA) Torres Walz Young (AK) Young (IN) Zinke Lamborn Pearce Smith (NE) Takai Van Hollen Waters, Maxine Lance Perry Smith (NJ) Takano Vargas Watson Coleman NOT VOTING—12 Latta Pittenger Smith (TX) Thompson (CA) Veasey Welch Bera Crawford Tsongas LoBiondo Pitts Stefanik Thompson (MS) Vela Wilson (FL) Capps Donovan Wasserman Long Poe (TX) Stewart Titus Vela´ zquez Yarmuth Carson (IN) Kirkpatrick Schultz Loudermilk Poliquin Stivers Tonko Visclosky Zeldin Chaffetz Labrador Love Pompeo Stutzman NOT VOTING—15 Comstock Noem Lucas Posey Thompson (PA) Luetkemeyer Price, Tom Thornberry Amodei Crawford Schrader Lummis Ratcliffe Becerra Doggett b 1827 Tiberi Tsongas MacArthur Reed Bera Donovan Tipton Wasserman Messrs. TIPTON, LUCAS, FORBES, Marchant Reichert Capps King (IA) Trott Schultz MCCLINTOCK, and STEWART changed Marino Renacci Carson (IN) Noem Turner their vote from ‘‘aye’’ to ‘‘no.’’ Massie Ribble Chaffetz Rokita McCarthy Rice (SC) Upton Mr. ASHFORD, Ms. DEGETTE, McCaul Rigell Valadao ANNOUNCEMENT BY THE ACTING CHAIR Messrs. STIVERS, YARMUTH, and McClintock Roby Wagner The Acting CHAIR (during the vote). DOLD changed their vote from ‘‘no’’ to McHenry Roe (TN) Walberg There is 1 minute remaining. ‘‘aye.’’ McKinley Rogers (AL) Walden McMorris Rogers (KY) Walker So the amendment was rejected. Rodgers Rohrabacher Walorski b 1831 The result of the vote was announced McSally Rooney (FL) Walters, Mimi as above recorded. Meadows Ros-Lehtinen Weber (TX) So the amendment was agreed to. Stated against: Meehan Roskam Webster (FL) The result of the vote was announced Messer Ross Wenstrup as above recorded. Mrs. COMSTOCK. Mr. Chair, on rollcall No. Mica Rothfus Westerman Miller (FL) AMENDMENT NO. 8 OFFERED BY MR. LOWENTHAL 252, I was unavoidably detained. Had I been Rouzer Westmoreland Miller (MI) Royce Whitfield The Acting CHAIR. The unfinished present, I would have voted ‘‘no.’’ Moolenaar Russell Williams AMENDMENT NO. 6 OFFERED BY MR. GRIFFITH Mooney (WV) Ryan (WI) business is the demand for a recorded Wilson (SC) The Acting CHAIR. The unfinished Mullin Salmon vote on the amendment printed in part Mulvaney Sanford Wittman A of House Report 114–120 offered by business is the demand for a recorded Womack Murphy (PA) Scalise the gentleman from California (Mr. vote on the amendment printed in part Neugebauer Schweikert Woodall A of House Report 114–120 offered by Newhouse Scott, Austin Yoder LOWENTHAL) on which further pro- Yoho the gentleman from Virginia (Mr. Nugent Sensenbrenner ceedings were postponed and on which Nunes Sessions Young (AK) the noes prevailed by voice vote. GRIFFITH) on which further proceedings Olson Shimkus Young (IA) were postponed and on which the ayes Palazzo Shuster Young (IN) The Clerk will redesignate the prevailed by voice vote. Palmer Simpson Zinke amendment. The Clerk redesignated the amend- The Clerk will redesignate the NOES—183 amendment. ment. Adams Farr Lynch RECORDED VOTE The Clerk redesignated the amend- Aguilar Fattah Maloney, ment. Ashford Foster Carolyn The Acting CHAIR. A recorded vote RECORDED VOTE Bass Frankel (FL) Maloney, Sean has been demanded. Beatty Fudge Matsui A recorded vote was ordered. The Acting CHAIR. A recorded vote Beyer Gabbard McCollum has been demanded. Bishop (GA) Gallego McDermott The Acting CHAIR. This is a 2- A recorded vote was ordered. Blumenauer Garamendi McGovern minute vote. The Acting CHAIR. This is a 2- Bonamici Gibson McNerney The vote was taken by electronic de- Boyle, Brendan Graham Meeks vice, and there were—ayes 187, noes 236, minute vote. F. Grayson Meng The vote was taken by electronic de- Brady (PA) Green, Al Moore not voting 9, as follows: vice, and there were—ayes 234, noes 183, Brown (FL) Green, Gene Moulton [Roll No. 254] Brownley (CA) Grijalva Murphy (FL) not voting 15, as follows: Bustos Gutie´rrez Nadler AYES—187 [Roll No. 253] Butterfield Hahn Napolitano Adams Davis, Danny Hoyer Capuano Hastings Neal Aguilar DeFazio Huffman AYES—234 Ca´ rdenas Heck (WA) Nolan Ashford DeGette Israel Abraham Cook Graves (MO) Carney Higgins Norcross Bass Delaney Jackson Lee Aderholt Costello (PA) Griffith Cartwright Himes O’Rourke Beatty DeLauro Jeffries Allen Cramer Grothman Castor (FL) Hinojosa Pallone Beyer DelBene Johnson (GA) Amash Crenshaw Guinta Castro (TX) Honda Pascrell Bishop (GA) DeSaulnier Johnson, E. B. Babin Culberson Guthrie Chu, Judy Hoyer Payne Blumenauer Deutch Kaptur Barletta Curbelo (FL) Hanna Cicilline Huffman Pelosi Bonamici Dingell Keating Barr Davis, Rodney Hardy Clark (MA) Israel Perlmutter Boyle, Brendan Doggett Kelly (IL) Barton Denham Harper Clarke (NY) Jackson Lee Peters F. Dold Kennedy Benishek Dent Harris Clay Jeffries Peterson Brady (PA) Doyle, Michael Kildee Bilirakis DeSantis Hartzler Cleaver Johnson (GA) Pingree Brown (FL) F. Kilmer Bishop (MI) DesJarlais Heck (NV) Clyburn Johnson, E. B. Pocan Brownley (CA) Duckworth Kind Bishop (UT) Diaz-Balart Hensarling Cohen Jones Polis Bustos Edwards Kirkpatrick Black Dold Herrera Beutler Connolly Kaptur Price (NC) Butterfield Ellison Kuster Blackburn Duffy Hice, Jody B. Conyers Keating Quigley Capuano Engel Langevin Blum Duncan (SC) Hill Cooper Kelly (IL) Rangel Ca´ rdenas Eshoo Larsen (WA) Bost Duncan (TN) Holding Costa Kennedy Rice (NY) Carney Esty Larson (CT) Boustany Ellmers (NC) Hudson Courtney Kildee Richmond Carson (IN) Farr Lawrence Brady (TX) Emmer (MN) Huelskamp Crowley Kilmer Roybal-Allard Cartwright Fattah Lee Brat Farenthold Huizenga (MI) Cuellar Kind Ruiz Castor (FL) Foster Levin Bridenstine Fincher Hultgren Cummings Kirkpatrick Ruppersberger Castro (TX) Frankel (FL) Lewis Brooks (AL) Fitzpatrick Hunter Davis (CA) Kuster Rush Chu, Judy Fudge Lieu, Ted Brooks (IN) Fleischmann Hurd (TX) Davis, Danny Langevin Ryan (OH) Cicilline Gabbard Lipinski Buchanan Fleming Hurt (VA) DeFazio Larsen (WA) Sa´ nchez, Linda Clark (MA) Gallego Loebsack Buck Flores Issa DeGette Larson (CT) T. Clarke (NY) Garamendi Lofgren Bucshon Forbes Jenkins (KS) Delaney Lawrence Sanchez, Loretta Clay Gibson Lowenthal Burgess Fortenberry Jenkins (WV) DeLauro Lee Sarbanes Cleaver Graham Lowey Byrne Foxx Johnson (OH) DelBene Levin Schakowsky Clyburn Grayson Lujan Grisham Calvert Franks (AZ) Johnson, Sam DeSaulnier Lewis Schiff Cohen Green, Al (NM) Carter (GA) Frelinghuysen Jolly Deutch Lieu, Ted Scott (VA) Connolly Green, Gene Luja´ n, Ben Ray Carter (TX) Garrett Jordan Dingell Lipinski Scott, David Conyers Grijalva (NM) Chabot Gibbs Joyce Doyle, Michael Loebsack Serrano Cooper Gutie´rrez Lynch Clawson (FL) Gohmert Katko F. Lofgren Sewell (AL) Costa Hahn Maloney, Coffman Goodlatte Kelly (PA) Duckworth Lowenthal Sherman Courtney Hastings Carolyn Cole Gosar King (NY) Edwards Lowey Sinema Crowley Heck (WA) Maloney, Sean Collins (GA) Gowdy Kinzinger (IL) Ellison Lujan Grisham Sires Cuellar Higgins Matsui Collins (NY) Granger Kline Engel (NM) Slaughter Cummings Himes McCollum Comstock Graves (GA) Knight Eshoo Luja´ n, Ben Ray Smith (WA) Curbelo (FL) Hinojosa McDermott Conaway Graves (LA) Labrador Esty (NM) Speier Davis (CA) Honda McGovern

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.044 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3487 McNerney Reichert Smith (WA) Weber (TX) Williams Yoho McCollum Price (NC) Smith (NE) Meeks Rice (NY) Speier Webster (FL) Wilson (SC) Young (AK) McDermott Quigley Smith (WA) Meng Richmond Swalwell (CA) Wenstrup Wittman Young (IA) McGovern Rangel Speier Moore Ros-Lehtinen Takai Westerman Womack Young (IN) McMorris Reichert Stefanik Moulton Roybal-Allard Takano Westmoreland Woodall Zeldin Rodgers Rice (NY) Stewart Murphy (FL) Ruiz Thompson (CA) Whitfield Yoder Zinke McNerney Richmond Swalwell (CA) Nadler Ruppersberger Meeks Rokita Thompson (MS) NOT VOTING—9 Takai Napolitano Rush Titus Meng Roybal-Allard Takano Neal Ryan (OH) Tonko Becerra Crawford Wasserman Moore Ruiz Thompson (CA) Nolan Sa´ nchez, Linda Moulton Ruppersberger Torres Bera Donovan Schultz Thompson (MS) Norcross T. Capps Noem Murphy (FL) Rush Van Hollen Titus O’Rourke Sanchez, Loretta Chaffetz Tsongas Nadler Ryan (OH) Vargas Tonko Pallone Sarbanes Napolitano Salmon Torres Pascrell Schakowsky Veasey ANNOUNCEMENT BY THE ACTING CHAIR Neal Sa´ nchez, Linda Van Hollen Payne Schiff Vela The Acting CHAIR (during the vote). Newhouse T. Vela´ zquez Vargas Pelosi Schrader There is 1 minute remaining. Nolan Sanchez, Loretta Perlmutter Scott (VA) Visclosky Norcross Sarbanes Veasey Peters Scott, David Walz O’Rourke Schakowsky Vela ´ Pingree Serrano Waters, Maxine b 1835 Pallone Schiff Velazquez Pocan Sewell (AL) Watson Coleman Pascrell Schrader Visclosky Polis Sherman Welch So the amendment was rejected. Payne Scott (VA) Walz Price (NC) Sinema Wilson (FL) The result of the vote was announced Pelosi Scott, David Waters, Maxine Quigley Sires Yarmuth as above recorded. Perlmutter Serrano Watson Coleman Rangel Slaughter Peters Sewell (AL) Welch AMENDMENT NO. 10 OFFERED BY MS. BONAMICI Peterson Sherman Wilson (FL) NOES—236 The Acting CHAIR. The unfinished Pingree Sinema Yarmuth Pocan Sires Yoder Abraham Graves (GA) Mullin business is the demand for a recorded Polis Slaughter Young (IA) Aderholt Graves (LA) Mulvaney vote on the amendment printed in part Allen Graves (MO) Murphy (PA) NOES—215 Amash Griffith Neugebauer A of House Report 114–120 offered by Amodei Grothman Newhouse the gentlewoman from Oregon (Ms. Abraham Graves (MO) Olson Babin Guinta Nugent BONAMICI) on which further proceedings Aderholt Griffith Palazzo Barletta Guthrie Nunes were postponed and on which the noes Allen Grothman Palmer Barr Hanna Olson Amash Guinta Paulsen Barton Hardy Palazzo prevailed by voice vote. Amodei Guthrie Pearce Benishek Harper Palmer The Clerk will redesignate the Babin Hanna Perry Bilirakis Harris Paulsen amendment. Barletta Hardy Pittenger Bishop (MI) Hartzler Pearce Barr Harper Pitts Bishop (UT) Heck (NV) Perry The Clerk redesignated the amend- Barton Harris Poe (TX) Black Hensarling Peterson ment. Benishek Hartzler Poliquin Blackburn Herrera Beutler Pittenger RECORDED VOTE Bilirakis Heck (NV) Pompeo Blum Hice, Jody B. Pitts Bishop (MI) Hensarling Posey Bost Hill Poe (TX) The Acting CHAIR. A recorded vote Bishop (UT) Hice, Jody B. Price, Tom Boustany Holding Poliquin has been demanded. Black Hill Ratcliffe Brady (TX) Hudson Pompeo A recorded vote was ordered. Blackburn Holding Reed Brat Huelskamp Posey Boustany Hudson Renacci Bridenstine Huizenga (MI) Price, Tom The Acting CHAIR. This will be a 2- Brady (TX) Huelskamp Ribble Brooks (AL) Hultgren Ratcliffe minute vote. Brat Huizenga (MI) Rice (SC) Brooks (IN) Hunter Reed The vote was taken by electronic de- Bridenstine Hultgren Rigell Buchanan Hurd (TX) Renacci vice, and there were—ayes 208, noes 215, Brooks (AL) Hunter Roby Buck Hurt (VA) Ribble Brooks (IN) Hurd (TX) Roe (TN) Bucshon Issa Rice (SC) not voting 9, as follows: Buchanan Hurt (VA) Rogers (AL) Burgess Jenkins (KS) Rigell [Roll No. 255] Buck Issa Rogers (KY) Byrne Jenkins (WV) Roby Bucshon Jenkins (KS) Rohrabacher Calvert Johnson (OH) Roe (TN) AYES—208 Burgess Jenkins (WV) Rooney (FL) Carter (GA) Johnson, Sam Rogers (AL) Adams Davis, Rodney Honda Byrne Johnson (OH) Ros-Lehtinen Carter (TX) Jolly Rogers (KY) Aguilar DeFazio Hoyer Calvert Johnson, Sam Roskam Chabot Jones Rohrabacher Ashford DeGette Huffman Carter (GA) Jolly Ross Clawson (FL) Jordan Rokita Bass Delaney Israel Carter (TX) Jordan Rothfus Coffman Joyce Rooney (FL) Beatty DeLauro Jackson Lee Chabot Joyce Rouzer Cole Katko Roskam Beyer DelBene Jeffries Clawson (FL) Katko Royce Collins (GA) Kelly (PA) Ross Bishop (GA) DeSaulnier Johnson (GA) Coffman Kelly (PA) Russell Collins (NY) King (IA) Rothfus Blum Deutch Johnson, E. B. Cole King (NY) Ryan (WI) Comstock King (NY) Rouzer Blumenauer Dingell Jones Collins (GA) Kline Sanford Conaway Kinzinger (IL) Royce Bonamici Doggett Kaptur Collins (NY) Knight Scalise Cook Kline Russell Bost Dold Keating Comstock Labrador Schweikert Costello (PA) Knight Ryan (WI) Boyle, Brendan Doyle, Michael Kelly (IL) Conaway LaMalfa Scott, Austin Cramer Labrador Salmon F. F. Kennedy Cook Lamborn Sensenbrenner Crenshaw LaMalfa Sanford Brady (PA) Duckworth Kildee Costello (PA) Latta Sessions Culberson Lamborn Scalise Brown (FL) Edwards Kilmer Cramer Long Shimkus Davis, Rodney Lance Schweikert Brownley (CA) Ellison Kind Crenshaw Loudermilk Shuster Denham Latta Scott, Austin Bustos Emmer (MN) King (IA) Culberson Love Simpson Dent LoBiondo Sensenbrenner Butterfield Engel Kinzinger (IL) Denham Lucas Smith (MO) DeSantis Long Sessions Capuano Eshoo Kirkpatrick Dent Luetkemeyer Smith (NJ) DesJarlais Loudermilk Shimkus Ca´ rdenas Esty Kuster DeSantis Lummis Smith (TX) Diaz-Balart Love Shuster Carney Farr Lance DesJarlais MacArthur Stivers Duffy Lucas Simpson Carson (IN) Fattah Langevin Diaz-Balart Marchant Stutzman Duncan (SC) Luetkemeyer Smith (MO) Cartwright Fitzpatrick Larsen (WA) Duffy Marino Thompson (PA) Duncan (TN) Lummis Smith (NE) Castor (FL) Fortenberry Larson (CT) Duncan (SC) Massie Thornberry Ellmers (NC) MacArthur Smith (NJ) Castro (TX) Foster Lawrence Duncan (TN) McCarthy Tiberi Emmer (MN) Marchant Smith (TX) Chu, Judy Frankel (FL) Lee Ellmers (NC) McCaul Tipton Farenthold Marino Stefanik Cicilline Fudge Levin Farenthold McClintock Trott Fincher Massie Stewart Clark (MA) Gabbard Lewis Fincher McHenry Turner Fitzpatrick McCarthy Stivers Clarke (NY) Gallego Lieu, Ted Fleischmann McKinley Upton Fleischmann McCaul Stutzman Clay Garamendi Lipinski Fleming McSally Valadao Fleming McClintock Thompson (PA) Cleaver Gibson LoBiondo Flores Meadows Wagner Flores McHenry Thornberry Clyburn Graham Loebsack Forbes Meehan Walberg Forbes McKinley Tiberi Cohen Grayson Lofgren Foxx Messer Walden Fortenberry McMorris Tipton Connolly Green, Al Lowenthal Franks (AZ) Mica Walker Foxx Rodgers Trott Conyers Green, Gene Lowey Frelinghuysen Miller (FL) Walorski Franks (AZ) McSally Turner Cooper Grijalva Lujan Grisham Garrett Miller (MI) Walters, Mimi Frelinghuysen Meadows Upton Costa Gutie´rrez (NM) Gibbs Moolenaar Weber (TX) Garrett Meehan Valadao Courtney Hahn Luja´ n, Ben Ray Gohmert Mooney (WV) Webster (FL) Gibbs Messer Wagner Crowley Hastings (NM) Goodlatte Mullin Wenstrup Gohmert Mica Walberg Cuellar Heck (WA) Lynch Gosar Mulvaney Westerman Goodlatte Miller (FL) Walden Cummings Herrera Beutler Maloney, Gowdy Murphy (PA) Westmoreland Gosar Miller (MI) Walker Curbelo (FL) Higgins Carolyn Granger Neugebauer Whitfield Gowdy Moolenaar Walorski Davis (CA) Himes Maloney, Sean Graves (GA) Nugent Williams Granger Mooney (WV) Walters, Mimi Davis, Danny Hinojosa Matsui Graves (LA) Nunes Wilson (SC)

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.051 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3488 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Wittman Yoho Zeldin Pocan Schrader Thompson (PA) NOT VOTING—10 Womack Young (AK) Zinke Polis Scott (VA) Titus Becerra Crawford Tsongas Woodall Young (IN) Price (NC) Scott, David Tonko Bera Donovan Wasserman Quigley Serrano Torres NOT VOTING—9 Capps Noem Schultz Rangel Sewell (AL) Van Hollen Chaffetz Stivers Becerra Crawford Wasserman Rice (NY) Sherman Vargas Bera Donovan Schultz Richmond Sinema Veasey b 1844 Capps Noem Roybal-Allard Sires Vela Chaffetz Tsongas Ruiz Slaughter Vela´ zquez So the amendment was rejected. Ruppersberger Smith (WA) Visclosky The result of the vote was announced b 1840 Rush Speier Walz as above recorded. Mr. EMMER of Minnesota and Ms. Ryan (OH) Stefanik Waters, Maxine Sa´ nchez, Linda Stewart Watson Coleman AMENDMENT NO. 12 OFFERED BY MS. EDDIE KAPTUR changed their vote from ‘‘no’’ T. Swalwell (CA) Welch BERNICE JOHNSON OF TEXAS to ‘‘aye.’’ Sanchez, Loretta Takai Wilson (FL) The Acting CHAIR. The unfinished So the amendment was rejected. Sarbanes Takano Yarmuth business is the demand for a recorded The result of the vote was announced Schakowsky Thompson (CA) Schiff Thompson (MS) vote on the amendment printed in part as above recorded. A of House Report 114–120 offered by AMENDMENT NO. 11 OFFERED BY MR. BEYER NOES—232 the gentlewoman from Texas (Ms. The Acting CHAIR. The unfinished Abraham Guinta Pearce EDDIE BERNICE JOHNSON) on which fur- business is the demand for a recorded Aderholt Guthrie Perry ther proceedings were postponed and vote on the amendment printed in part Allen Hanna Pittenger on which the noes prevailed by voice A of House Report 114–120 offered by Amash Hardy Pitts Amodei Harper Poe (TX) vote. the gentleman from Virginia (Mr. Babin Harris Poliquin The Clerk will redesignate the BEYER) on which further proceedings Barletta Hartzler Pompeo amendment. were postponed and on which the noes Barr Heck (NV) Posey The Clerk redesignated the amend- prevailed by voice vote. Barton Hensarling Price, Tom Benishek Herrera Beutler Ratcliffe ment. The Clerk will redesignate the Bilirakis Hice, Jody B. Reed RECORDED VOTE amendment. Bishop (MI) Hill Reichert The Acting CHAIR. A recorded vote Bishop (UT) Holding The Clerk redesignated the amend- Renacci has been demanded. ment. Black Hudson Ribble Blackburn Huelskamp Rice (SC) A recorded vote was ordered. RECORDED VOTE Blum Huizenga (MI) Rigell The Acting CHAIR. This is a 2- The Acting CHAIR. A recorded vote Bost Hultgren Roby minute vote. Boustany Hunter has been demanded. Roe (TN) The vote was taken by electronic de- Brady (TX) Hurd (TX) Rogers (AL) A recorded vote was ordered. Brat Hurt (VA) Rogers (KY) vice, and there were—ayes 179, noes 239, The Acting CHAIR. This is a 2- Bridenstine Issa Rohrabacher not voting 14, as follows: Brooks (AL) Jenkins (KS) minute vote. Rokita [Roll No. 257] Brooks (IN) Jenkins (WV) Rooney (FL) The vote was taken by electronic de- Buchanan Johnson (OH) AYES—179 vice, and there were—ayes 190, noes 232, Ros-Lehtinen Buck Johnson, Sam Roskam Adams Ellison Lowey not voting 10, as follows: Bucshon Jolly Ross Aguilar Engel Lujan Grisham [Roll No. 256] Burgess Jones Rothfus Bass Eshoo (NM) Byrne Jordan Beatty Esty Luja´ n, Ben Ray AYES—190 Rouzer Calvert Joyce Royce Beyer Farr (NM) Adams Deutch Kind Carter (GA) Kelly (PA) Russell Bishop (GA) Fattah Lynch Carter (TX) Aguilar Dingell Kirkpatrick King (IA) Ryan (WI) Blumenauer Foster Maloney, Chabot Ashford Doggett Kuster King (NY) Salmon Bonamici Frankel (FL) Carolyn Clawson (FL) Kinzinger (IL) Bass Dold Langevin Sanford Boyle, Brendan Fudge Maloney, Sean Coffman Kline Beatty Doyle, Michael Larsen (WA) Scalise F. Gabbard Matsui Cole Knight Beyer F. Larson (CT) Schweikert Brady (PA) Gallego McCollum Collins (GA) Labrador Bishop (GA) Duckworth Lawrence Scott, Austin Brown (FL) Garamendi McDermott Blumenauer Edwards Lee Collins (NY) LaMalfa Brownley (CA) Graham McGovern Sensenbrenner Bonamici Ellison Levin Comstock Lamborn Bustos Grayson McNerney Sessions Boyle, Brendan Engel Lewis Conaway Lance Butterfield Green, Al Meeks Shimkus F. Eshoo Lieu, Ted Cook Latta Capuano Green, Gene Meng Shuster Brady (PA) Esty Lipinski Costello (PA) LoBiondo Ca´ rdenas Grijalva Moore Simpson Brown (FL) Farr Loebsack Cramer Long Carney Gutie´rrez Moulton Smith (MO) Brownley (CA) Fattah Lofgren Crenshaw Loudermilk Carson (IN) Hahn Murphy (FL) Smith (NE) Bustos Foster Lowenthal Culberson Love Cartwright Hastings Nadler Smith (NJ) Butterfield Frankel (FL) Lowey Davis, Rodney Lucas Castor (FL) Heck (WA) Napolitano Capuano Fudge Lujan Grisham Denham Luetkemeyer Smith (TX) Castro (TX) Higgins Neal Ca´ rdenas Gabbard (NM) Dent Lummis Stutzman Chu, Judy Himes Nolan Carney Gallego Luja´ n, Ben Ray DeSantis MacArthur Thornberry Cicilline Hinojosa Norcross Carson (IN) Garamendi (NM) DesJarlais Marchant Tiberi Clark (MA) Honda O’Rourke Cartwright Gibson Lynch Diaz-Balart Marino Tipton Clarke (NY) Hoyer Pallone Castor (FL) Graham Maloney, Duffy Massie Trott Clay Huffman Pascrell Castro (TX) Grayson Carolyn Duncan (SC) McCarthy Turner Cleaver Israel Payne Chu, Judy Green, Al Maloney, Sean Duncan (TN) McCaul Upton Clyburn Jackson Lee Pelosi Cicilline Green, Gene Matsui Cohen Jeffries Perlmutter Ellmers (NC) McClintock Valadao Clark (MA) Grijalva McCollum Connolly Johnson (GA) Peters Emmer (MN) McHenry Wagner Clarke (NY) Gutie´rrez McDermott Conyers Johnson, E. B. Peterson Farenthold McKinley Walberg Clay Hahn McGovern Cooper Kaptur Pingree Fincher McMorris Walden Cleaver Hastings McNerney Costa Keating Pocan Fitzpatrick Rodgers Walker Clyburn Heck (WA) Meeks Courtney Kelly (IL) Polis Fleischmann McSally Walorski Cohen Higgins Meng Walters, Mimi Crowley Kennedy Price (NC) Connolly Himes Moore Fleming Meadows Cuellar Kildee Quigley Weber (TX) Conyers Hinojosa Moulton Flores Meehan Cummings Kilmer Rangel Webster (FL) Cooper Honda Murphy (FL) Forbes Messer Davis (CA) Kind Rice (NY) Wenstrup Costa Hoyer Nadler Fortenberry Mica Davis, Danny Kirkpatrick Richmond Westerman Courtney Huffman Napolitano Foxx Miller (FL) DeFazio Kuster Ruiz Crowley Israel Neal Franks (AZ) Miller (MI) Westmoreland DeGette Langevin Ruppersberger Cuellar Jackson Lee Nolan Frelinghuysen Moolenaar Whitfield Delaney Larsen (WA) Ryan (OH) Cummings Jeffries Norcross Garrett Mooney (WV) Williams DeLauro Larson (CT) Sa´ nchez, Linda Curbelo (FL) Johnson (GA) O’Rourke Gibbs Mullin Wilson (SC) DelBene Lawrence T. Davis (CA) Johnson, E. B. Pallone Gohmert Mulvaney Wittman DeSaulnier Lee Sanchez, Loretta Davis, Danny Kaptur Pascrell Goodlatte Murphy (PA) Womack Deutch Levin Sarbanes DeFazio Katko Payne Gosar Neugebauer Woodall Dingell Lewis Schakowsky DeGette Keating Pelosi Gowdy Newhouse Yoder Doggett Lieu, Ted Schiff Delaney Kelly (IL) Perlmutter Granger Nugent Yoho Doyle, Michael Lipinski Schrader DeLauro Kennedy Peters Graves (GA) Nunes Young (AK) F. Loebsack Scott (VA) DelBene Kildee Peterson Graves (LA) Olson Young (IA) Duckworth Lofgren Scott, David DeSaulnier Kilmer Pingree Graves (MO) Palazzo Young (IN) Edwards Lowenthal Serrano Griffith Palmer Zeldin Grothman Paulsen Zinke

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.052 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3489 Sewell (AL) Thompson (CA) Vela´ zquez b 1848 Buchanan Hurd (TX) Ribble Sinema Thompson (MS) Visclosky Bucshon Hurt (VA) Rice (SC) Sires Titus Walz So the amendment was rejected. Burgess Issa Rigell Slaughter Tonko Waters, Maxine The result of the vote was announced Byrne Jenkins (WV) Roby Smith (WA) Torres Watson Coleman as above recorded. Calvert Johnson (OH) Roe (TN) Carter (GA) Johnson, Sam Rogers (AL) Speier Van Hollen Welch Stated for: Swalwell (CA) Vargas Wilson (FL) Carter (TX) Jolly Rogers (KY) Takai Veasey Yarmuth Mr. SHERMAN. Mr. Chair, on rollcall No. Chabot Jordan Rohrabacher Takano Vela 257, had I been present, I would have voted Clawson (FL) Katko Rokita Coffman Kelly (PA) ‘‘yes.’’ Rooney (FL) NOES—239 Cole King (IA) Ros-Lehtinen The Acting CHAIR. The question is Collins (GA) Kinzinger (IL) Roskam Abraham Grothman Pearce on the amendment in the nature of a Collins (NY) Kline Ross Aderholt Guinta Perry substitute, as amended. Comstock Knight Rothfus Allen Guthrie Pittenger Conaway Labrador The amendment was agreed to. Rouzer Amash Hanna Pitts Cook LaMalfa Royce Amodei Hardy Poe (TX) The Acting CHAIR. Under the rule, Costello (PA) Lamborn Russell Babin Harper Poliquin the Committee rises. Cramer Lance Ryan (WI) Barletta Harris Pompeo Accordingly, the Committee rose; Crenshaw Latta Salmon Barr Hartzler Posey Culberson Long Sanford Barton Heck (NV) Price, Tom and the Speaker pro tempore (Mr. Denham Loudermilk Scalise Benishek Hensarling Ratcliffe FLEISCHMANN) having assumed the DeSantis Love Schweikert Bilirakis Herrera Beutler Reed DesJarlais Lucas chair, Mr. POE of Texas, Acting Chair Scott, Austin Bishop (MI) Hice, Jody B. Reichert Diaz-Balart Luetkemeyer Sessions Bishop (UT) Hill of the Committee of the Whole House Duffy Lummis Renacci Shimkus Black Holding Ribble Duncan (SC) MacArthur on the state of the Union, reported that Shuster Blackburn Hudson Rice (SC) Duncan (TN) Marchant that Committee, having had under con- Simpson Blum Huelskamp Rigell Ellmers (NC) Marino Smith (MO) Bost Huizenga (MI) Roby sideration the bill (H.R. 1806) to pro- Emmer (MN) Massie Smith (NE) Boustany Hultgren Roe (TN) vide for technological innovation Farenthold McCarthy Smith (NJ) Brady (TX) Hunter Rogers (AL) Fincher McCaul through the prioritization of Federal Smith (TX) Brat Hurd (TX) Rogers (KY) Fitzpatrick McHenry investment in basic research, funda- Stefanik Bridenstine Hurt (VA) Rohrabacher Fleischmann McKinley Stewart Brooks (AL) Issa Rokita mental scientific discovery, and devel- Fleming McMorris Stivers Brooks (IN) Jenkins (KS) Rooney (FL) opment to improve the competitive- Flores Rodgers Stutzman Buchanan Jenkins (WV) Ros-Lehtinen ness of the United States, and for other Forbes Meadows Buck Johnson (OH) Roskam Foxx Messer Thornberry Bucshon Johnson, Sam Ross purposes, and, pursuant to House Reso- Franks (AZ) Mica Tiberi Burgess Jolly Rothfus lution 271, he reported the bill back to Frelinghuysen Miller (FL) Tipton Byrne Jones Rouzer Garrett Miller (MI) Trott the House with an amendment adopted Turner Calvert Jordan Royce in the Committee of the Whole. Gibbs Moolenaar Carter (GA) Joyce Russell Gohmert Mooney (WV) Upton Carter (TX) Katko Ryan (WI) The SPEAKER pro tempore. Under Goodlatte Mullin Valadao Chabot Kelly (PA) Salmon the rule, the previous question is or- Gosar Mulvaney Wagner Clawson (FL) King (IA) Sanford dered. Gowdy Murphy (PA) Walberg Coffman King (NY) Scalise Granger Neugebauer Walden Cole Kinzinger (IL) Schweikert Is a separate vote demanded on any Graves (GA) Newhouse Walker Collins (GA) Kline Scott, Austin amendment to the amendment re- Graves (LA) Nugent Walorski Collins (NY) Knight Sensenbrenner ported from the Committee of the Graves (MO) Nunes Walters, Mimi Weber (TX) Comstock Labrador Sessions Whole? Griffith Olson Conaway LaMalfa Shimkus Grothman Palazzo Webster (FL) Cook Lamborn Shuster If not, the question is on the amend- Guinta Palmer Wenstrup Costello (PA) Lance Simpson ment in the nature of a substitute, as Guthrie Paulsen Westerman Cramer Latta Smith (MO) amended. Hardy Pearce Westmoreland Crenshaw LoBiondo Smith (NE) Harper Perry Whitfield Culberson Long Smith (NJ) The amendment was agreed to. Harris Pittenger Williams Curbelo (FL) Loudermilk Smith (TX) The SPEAKER pro tempore. The Hartzler Pitts Wilson (SC) Davis, Rodney Love Stefanik question is on the engrossment and Heck (NV) Poe (TX) Wittman Denham Lucas Stewart third reading of the bill. Hensarling Poliquin Womack Dent Luetkemeyer Stivers Herrera Beutler Pompeo Woodall DeSantis Lummis Stutzman The bill was ordered to be engrossed Hice, Jody B. Posey Yoder DesJarlais MacArthur Thompson (PA) and read a third time, and was read the Hill Price, Tom Yoho Diaz-Balart Marchant Thornberry third time. Holding Ratcliffe Young (AK) Dold Marino Tiberi Hudson Reed Young (IA) Duffy Massie Tipton The SPEAKER pro tempore. The Hultgren Reichert Young (IN) Duncan (SC) McCarthy Trott question is on the passage of the bill. Hunter Renacci Zinke Duncan (TN) McCaul Turner The question was taken; and the Ellmers (NC) McClintock Upton Speaker pro tempore announced that NOES—205 Emmer (MN) McHenry Valadao Farenthold McKinley Wagner the ayes appeared to have it. Adams Clyburn Eshoo Aguilar Cohen Esty Fincher McMorris Walberg RECORDED VOTE Fitzpatrick Rodgers Walden Amash Connolly Farr Fleischmann McSally Walker Ms. EDDIE BERNICE JOHNSON of Ashford Conyers Fattah Fleming Meadows Walorski Texas. Mr. Speaker, I demand a re- Bass Cooper Fortenberry Flores Meehan Walters, Mimi Beatty Costa Foster corded vote. Beyer Courtney Frankel (FL) Forbes Messer Weber (TX) A recorded vote was ordered. Fortenberry Mica Webster (FL) Bishop (GA) Crowley Fudge Foxx Miller (FL) Wenstrup The SPEAKER pro tempore. Pursu- Blum Cuellar Gabbard Franks (AZ) Miller (MI) Westerman ant to clause 8 of rule XX, and the Blumenauer Cummings Gallego Bonamici Curbelo (FL) Garamendi Frelinghuysen Moolenaar Westmoreland order of the House of today, this 5- Garrett Mooney (WV) Whitfield Boyle, Brendan Davis (CA) Gibson Gibbs Mullin Williams minute vote on passage of the bill will F. Davis, Danny Graham Gibson Mulvaney Wilson (SC) be followed by 5-minute votes on the Brady (PA) Davis, Rodney Grayson Gohmert Murphy (PA) Wittman Brown (FL) DeFazio Green, Al motion to recommit on H.R. 880, and Brownley (CA) DeGette Green, Gene Goodlatte Neugebauer Womack passage of H.R. 880, if ordered. Gosar Newhouse Yoder Buck Delaney Grijalva ´ Gowdy Nugent Yoho The vote was taken by electronic de- Bustos DeLauro Gutierrez Granger Nunes Young (AK) vice, and there were—ayes 217, noes 205, Butterfield DelBene Hahn Graves (GA) Olson Young (IA) Capuano Dent Hanna not voting 10, as follows: ´ Graves (LA) Palazzo Young (IN) Cardenas DeSaulnier Hastings Graves (MO) Palmer Zeldin [Roll No. 258] Carney Deutch Heck (WA) Griffith Paulsen Zinke Carson (IN) Dingell Higgins AYES—217 Cartwright Doggett Himes NOT VOTING—14 Abraham Barton Bost Castor (FL) Dold Hinojosa Aderholt Benishek Boustany Castro (TX) Doyle, Michael Honda Ashford Crawford Sherman Allen Bilirakis Brady (TX) Chu, Judy F. Hoyer Becerra Donovan Tsongas Amodei Bishop (MI) Brat Cicilline Duckworth Huelskamp Bera Noem Wasserman Babin Bishop (UT) Bridenstine Clark (MA) Edwards Huffman Capps Roybal-Allard Schultz Barletta Black Brooks (AL) Clarke (NY) Ellison Huizenga (MI) Chaffetz Rush Woodall Barr Blackburn Brooks (IN) Clay Engel Israel

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.053 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3490 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Jackson Lee McClintock Sanchez, Loretta Corps, Wildomar, California, Califor- Heck (WA) Maloney, Sa´ nchez, Linda Jeffries McCollum Sarbanes nia’s 42nd Congressional District. Higgins Carolyn T. Jenkins (KS) McDermott Schakowsky Himes Maloney, Sean Sanchez, Loretta Johnson (GA) McGovern Schiff Mr. MICA. I yield to the gentleman Hinojosa Matsui Sarbanes Johnson, E. B. McNerney Schrader from Illinois (Mr. FOSTER). Honda McCollum Schakowsky Jones McSally Scott (VA) Mr. FOSTER. Corporal Sara Abigail Hoyer McDermott Schiff Joyce Meehan Scott, David Medina, Aurora, Illinois, Illinois’ 11th Huffman McGovern Schrader Kaptur Meeks Sensenbrenner Israel McNerney Scott (VA) Keating Meng Serrano Congressional District. Jackson Lee Meeks Scott, David Kelly (IL) Moore Jeffries Meng Sewell (AL) Mr. MICA. I yield to the gentleman Serrano Kennedy Moulton Johnson (GA) Moore Sherman from Arizona (Mr. FRANKS). Sewell (AL) Kildee Murphy (FL) Johnson, E. B. Moulton Sinema Kilmer Nadler Mr. FRANKS of Arizona. Lance Cor- Kaptur Murphy (FL) Sherman Kind Napolitano Sires poral Jacob Andrew Hug, Phoenix, Ari- Keating Nadler Sinema Slaughter Sires King (NY) Neal zona, Arizona’s Eighth Congressional Kelly (IL) Napolitano Kirkpatrick Nolan Smith (WA) Kennedy Neal Slaughter Kuster Norcross Speier District. Kildee Nolan Smith (WA) Langevin O’Rourke Swalwell (CA) Mr. MICA. Mr. Speaker, I will now Kilmer Norcross Speier Larsen (WA) Pallone Takai read the name of the brave Marine Kind O’Rourke Swalwell (CA) Larson (CT) Pascrell Takano from my district: Kirkpatrick Pallone Takai Lawrence Payne Thompson (CA) Kuster Pascrell Takano Lee Pelosi Thompson (MS) Sergeant Ward Mark Johnson IV, Langevin Payne Thompson (CA) Levin Perlmutter Thompson (PA) Altamonte Springs, Florida, Florida’s Larsen (WA) Pelosi Thompson (MS) Lewis Peters Titus Seventh Congressional District. Larson (CT) Perlmutter Titus Lieu, Ted Peterson Tonko Mr. Speaker, greater love hath no Lawrence Peters Tonko Lipinski Pingree Torres Lee Peterson Torres LoBiondo Pocan Van Hollen man than this, that a man lay down his Levin Pingree Van Hollen Loebsack Polis Lewis Vargas life for his fellow man. Pocan Vargas Lofgren Price (NC) Lieu, Ted Polis Veasey We, the Members who represent those Veasey Lowenthal Quigley Lipinski Price (NC) Vela Vela Lowey Rangel brave Marines, ask you to join us in a Loebsack Quigley ´ ´ Lujan Grisham Rice (NY) Velazquez moment of silence. And we also ask, as Lofgren Rangel Velazquez Visclosky Visclosky (NM) Richmond we approach this Memorial Day, that Lowenthal Rice (NY) Luja´ n, Ben Ray Roybal-Allard Walz Lowey Richmond Walz (NM) Ruiz Waters, Maxine we remember in our thoughts and in Lujan Grisham Roybal-Allard Waters, Maxine Lynch Ruppersberger Watson Coleman our prayers all those brave Americans (NM) Ruiz Watson Coleman Maloney, Rush Welch and their families who have paid the Luja´ n, Ben Ray Ruppersberger Welch Carolyn Ryan (OH) Wilson (FL) ultimate price in service to our Nation. (NM) Rush Wilson (FL) Maloney, Sean Sa´ nchez, Linda Yarmuth Lynch Ryan (OH) Yarmuth Matsui T. Zeldin f NOT VOTING—10 NAYS—240 AMERICAN RESEARCH AND Becerra Cleaver Tsongas Abraham Fincher Knight Bera Crawford Wasserman COMPETITIVENESS ACT OF 2015 Aderholt Fitzpatrick Labrador Allen Fleischmann LaMalfa Capps Donovan Schultz The SPEAKER pro tempore. Without Chaffetz Noem Amash Fleming Lamborn objection, 5-minute voting will con- Amodei Flores Lance b 1858 tinue. Babin Forbes Latta Barletta Fortenberry LoBiondo So the bill was passed. There was no objection. Barr Foxx Long The result of the vote was announced The SPEAKER pro tempore. The un- Barton Franks (AZ) Loudermilk as above recorded. finished business is the vote on the mo- Benishek Frelinghuysen Love A motion to reconsider was laid on tion to recommit on the bill (H.R. 880) Bilirakis Garrett Lucas Bishop (MI) Gibbs Luetkemeyer the table. to amend the Internal Revenue Code of Bishop (UT) Gibson Lummis f 1986 to simplify and make permanent Black Gohmert MacArthur the research credit, offered by the gen- Blackburn Goodlatte Marchant MOMENT OF SILENCE IN HONOR tleman from Massachusetts (Mr. Blum Gosar Marino OF THE MARINES WHO LOST Bost Gowdy Massie NEAL), on which the yeas and nays THEIR LIVES ON MAY 12, 2015, IN Boustany Granger McCarthy were ordered. Brady (TX) Graves (GA) McCaul NEPAL The Clerk will redesignate the mo- Brat Graves (LA) McClintock (Mr. MICA asked and was given per- Bridenstine Graves (MO) McHenry tion. Brooks (AL) Griffith McKinley mission to address the House for 1 The Clerk redesignated the motion Brooks (IN) Grothman McMorris minute.) The SPEAKER pro tempore. The Buchanan Guinta Rodgers Mr. MICA. Mr. Speaker, I rise to- question is on the motion to recommit. Buck Guthrie McSally night to pay tribute to six United Bucshon Hanna Meadows This is a 5-minute vote. Burgess Hardy Meehan States Marines who lost their lives on The vote was taken by electronic de- Byrne Harper Messer May 12, 2015. They died not in combat vice, and there were—yeas 181, nays Calvert Harris Mica Carter (GA) Hartzler Miller (FL) but in a mission of mercy, aiding the 240, not voting 11, as follows: people of Nepal, who, as we have read, Carter (TX) Heck (NV) Miller (MI) [Roll No. 259] Chabot Hensarling Moolenaar have been devastated by a horrific and Clawson (FL) Herrera Beutler Mooney (WV) YEAS—181 deadly earthquake. Coffman Hice, Jody B. Mullin I would like to at this time yield to Aguilar Clark (MA) Doyle, Michael Cole Hill Mulvaney Ashford Clarke (NY) F. Collins (GA) Holding Murphy (PA) their Members of Congress to recognize Bass Clay Duckworth Collins (NY) Hudson Neugebauer each of the Marines who sacrificed Beatty Clyburn Edwards Comstock Huelskamp Newhouse their lives. Beyer Cohen Ellison Conaway Huizenga (MI) Nugent First, I yield to the gentleman from Bishop (GA) Connolly Engel Cook Hultgren Nunes Blumenauer Conyers Eshoo Costello (PA) Hunter Olson Kansas (Mr. POMPEO). Bonamici Cooper Esty Cramer Hurd (TX) Palazzo Mr. POMPEO. Captain Christopher Boyle, Brendan Costa Farr Crenshaw Hurt (VA) Palmer Lee Norgren, Wichita, Kansas, Kansas’ F. Courtney Fattah Culberson Issa Paulsen Fourth Congressional District. Brady (PA) Crowley Foster Curbelo (FL) Jenkins (KS) Pearce Brown (FL) Cuellar Frankel (FL) Davis, Rodney Jenkins (WV) Perry Mr. MICA. I yield to the gentleman Brownley (CA) Cummings Fudge Denham Johnson (OH) Pittenger from Nebraska (Mr. SMITH). Bustos Davis (CA) Gabbard Dent Johnson, Sam Pitts Mr. SMITH of Nebraska. Captain Butterfield Davis, Danny Gallego DeSantis Jolly Poe (TX) Dustin Ryan Lukasiewicz, Alma, Ne- Capuano DeFazio Garamendi DesJarlais Jones Poliquin Ca´ rdenas DeGette Graham Diaz-Balart Jordan Pompeo braska, Nebraska’s Third Congres- Carney Delaney Grayson Dold Joyce Posey sional District. Carson (IN) DeLauro Green, Al Duffy Katko Price, Tom Mr. MICA. I yield to the gentleman Cartwright DelBene Green, Gene Duncan (SC) Kelly (PA) Ratcliffe Castor (FL) DeSaulnier Grijalva Duncan (TN) King (IA) Reed from California (Mr. CALVERT). Castro (TX) Deutch Gutie´rrez Ellmers (NC) King (NY) Reichert Mr. CALVERT. Sergeant Eric Mat- Chu, Judy Dingell Hahn Emmer (MN) Kinzinger (IL) Renacci thew Seaman, United States Marine Cicilline Doggett Hastings Farenthold Kline Ribble

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.050 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3491 Rice (SC) Sessions Walker Johnson (OH) Miller (MI) Sanford Takano Vargas Waters, Maxine Rigell Shimkus Walorski Johnson, Sam Moolenaar Scalise Thompson (CA) Veasey Watson Coleman Roby Shuster Walters, Mimi Jolly Mooney (WV) Schweikert Thompson (MS) Vela Welch Roe (TN) Simpson Weber (TX) Jordan Mullin Scott, Austin Torres Vela´ zquez Wilson (FL) Rogers (AL) Smith (MO) Webster (FL) Joyce Mulvaney Sensenbrenner Van Hollen Visclosky Yarmuth Rogers (KY) Smith (NE) Katko Murphy (FL) Sessions Wenstrup NOT VOTING—13 Rohrabacher Smith (NJ) Westerman Keating Neal Shimkus Rokita Smith (TX) Westmoreland Kelly (PA) Neugebauer Shuster Adams Cleaver Tipton Rooney (FL) Stefanik Whitfield Kennedy Newhouse Simpson Becerra Crawford Tsongas Ros-Lehtinen Stewart Kilmer Nolan Sinema Williams Bera Donovan Wasserman Roskam Stivers King (IA) Nugent Smith (MO) Capps Murphy (PA) Wilson (SC) Schultz Ross Stutzman King (NY) Nunes Smith (NE) Chaffetz Noem Wittman Rothfus Thompson (PA) Kinzinger (IL) Olson Smith (NJ) Rouzer Thornberry Womack Kline Palazzo Smith (TX) b 1916 Royce Tiberi Woodall Knight Palmer Stefanik Russell Tipton Yoder Kuster Paulsen Stewart So the bill was passed. Ryan (WI) Trott Yoho Labrador Pearce Stivers The result of the vote was announced Salmon Turner Young (AK) LaMalfa Perry Stutzman as above recorded. Sanford Upton Young (IA) Lamborn Peters Thompson (PA) A motion to reconsider was laid on Scalise Valadao Young (IN) Lance Peterson Thornberry Schweikert Wagner Zeldin Larson (CT) Pittenger Tiberi the table. Scott, Austin Walberg Zinke Latta Pitts Titus f Sensenbrenner Walden LoBiondo Poe (TX) Tonko Loebsack Poliquin Trott PROVIDING FOR CONSIDERATION NOT VOTING—11 Long Pompeo Turner OF H.R. 1335, STRENGTHENING Adams Chaffetz Noem Loudermilk Posey Upton Becerra Cleaver Tsongas Love Price, Tom Valadao FISHING COMMUNITIES AND IN- Bera Crawford Wasserman Lucas Ratcliffe Wagner CREASING FLEXIBILITY IN FISH- Capps Donovan Schultz Luetkemeyer Reed Walberg ERIES MANAGEMENT ACT Lujan Grisham Reichert Walden Mr. BYRNE. Mr. Speaker, by direc- b 1909 (NM) Renacci Walker Lummis Ribble Walorski tion of the Committee on Rules, I call Mr. GARAMENDI changed his vote Lynch Rice (SC) Walters, Mimi up House Resolution 274 and ask for its from ‘‘nay’’ to ‘‘yea.’’ MacArthur Rigell Walz Maloney, Sean Roby Weber (TX) immediate consideration. So the motion to recommit was re- Marchant Roe (TN) Webster (FL) The Clerk read the resolution, as fol- jected. Marino Rogers (AL) Wenstrup lows: Massie Rogers (KY) Westerman The result of the vote was announced H. RES. 274 as above recorded. McCarthy Rohrabacher Westmoreland McCaul Rokita Whitfield Resolved, That at any time after adoption The SPEAKER pro tempore. The McClintock Rooney (FL) Williams of this resolution the Speaker may, pursuant question is on the passage of the bill. McDermott Ros-Lehtinen Wilson (SC) to clause 2(b) of rule XVIII, declare the The question was taken; and the McHenry Roskam Wittman McKinley Ross Womack House resolved into the Committee of the Speaker pro tempore announced that McMorris Rothfus Woodall Whole House on the state of the Union for the ayes appeared to have it. Rodgers Rouzer Yoder consideration of the bill (H.R. 1335) to amend Mr. LEVIN. Mr. Speaker, on that I McSally Royce Yoho the Magnuson-Stevens Fishery Conservation Meadows Ruiz Young (AK) and Management Act to provide flexibility demand the yeas and nays. Meehan Ruppersberger Young (IA) The yeas and nays were ordered. for fishery managers and stability for fisher- Messer Russell Young (IN) men, and for other purposes. The first read- The SPEAKER pro tempore. This is a Mica Ryan (WI) Zeldin Miller (FL) Salmon Zinke ing of the bill shall be dispensed with. All 5-minute vote. points of order against consideration of the The vote was taken by electronic de- NAYS—145 bill are waived. General debate shall be con- vice, and there were—yeas 274, nays fined to the bill and shall not exceed one Bass Frankel (FL) McCollum 145, not voting 13, as follows: Beatty Fudge McGovern hour equally divided and controlled by the [Roll No. 260] Beyer Gabbard McNerney chair and ranking minority member of the Blumenauer Gallego Meeks Committee on Natural Resources. After gen- YEAS—274 Bonamici Garamendi Meng eral debate the bill shall be considered for Abraham Clawson (FL) Franks (AZ) Boyle, Brendan Grayson Moore amendment under the five-minute rule. In Aderholt Coffman Frelinghuysen F. Green, Al Moulton lieu of the amendment in the nature of a Aguilar Cole Garrett Brady (PA) Green, Gene Nadler substitute recommended by the Committee Allen Collins (GA) Gibbs Brown (FL) Grijalva Napolitano Amash Collins (NY) Gibson Butterfield Gutie´rrez Norcross on Natural Resources now printed in the bill, Amodei Comstock Gohmert Ca´ rdenas Hahn O’Rourke it shall be in order to consider as an original Ashford Conaway Goodlatte Carney Hastings Pallone bill for the purpose of amendment under the Babin Connolly Gosar Cartwright Higgins Pascrell five-minute rule an amendment in the na- Barletta Cook Gowdy Castor (FL) Himes Payne ture of a substitute consisting of the text of Barr Costello (PA) Graham Castro (TX) Hinojosa Pelosi Rules Committee Print 114–16. That amend- Barton Courtney Granger Chu, Judy Honda Perlmutter ment in the nature of a substitute shall be Benishek Cramer Graves (GA) Cicilline Hoyer Pingree Bilirakis Crenshaw Graves (LA) Clarke (NY) Huffman Pocan considered as read. All points of order Bishop (GA) Cuellar Graves (MO) Clay Israel Polis against that amendment in the nature of a Bishop (MI) Culberson Griffith Clyburn Jackson Lee Price (NC) substitute are waived. No amendment to Bishop (UT) Curbelo (FL) Grothman Cohen Jeffries Quigley that amendment in the nature of a sub- Black Davis, Rodney Guinta Conyers Johnson (GA) Rangel stitute shall be in order except those printed Blackburn Delaney Guthrie Cooper Johnson, E. B. Rice (NY) in the report of the Committee on Rules ac- Blum DelBene Hanna Costa Jones Richmond companying this resolution. Each such Bost Denham Hardy Crowley Kaptur Roybal-Allard Boustany Dent Harper Cummings Kelly (IL) Rush amendment may be offered only in the order Brady (TX) DeSantis Harris Davis (CA) Kildee Ryan (OH) printed in the report, may be offered only by Brat DesJarlais Hartzler Davis, Danny Kind Sa´ nchez, Linda a Member designated in the report, shall be Bridenstine Diaz-Balart Heck (NV) DeFazio Kirkpatrick T. considered as read, shall be debatable for the Brooks (AL) Dold Heck (WA) DeGette Langevin Sanchez, Loretta time specified in the report equally divided Brooks (IN) Duffy Hensarling DeLauro Larsen (WA) Sarbanes and controlled by the proponent and an op- Brownley (CA) Duncan (SC) Herrera Beutler DeSaulnier Lawrence Schakowsky ponent, may be withdrawn by the proponent Buchanan Duncan (TN) Hice, Jody B. Deutch Lee Schiff Buck Ellmers (NC) Hill Dingell Levin Schrader at any time before action thereon, shall not Bucshon Emmer (MN) Holding Doggett Lewis Scott (VA) be subject to amendment, and shall not be Burgess Esty Hudson Doyle, Michael Lieu, Ted Scott, David subject to a demand for division of the ques- Bustos Farenthold Huelskamp F. Lipinski Serrano tion in the House or in the Committee of the Byrne Fincher Huizenga (MI) Duckworth Lofgren Sewell (AL) Whole. All points of order against such Calvert Fitzpatrick Hultgren Edwards Lowenthal Sherman amendments are waived. At the conclusion Capuano Fleischmann Hunter Ellison Lowey Sires of consideration of the bill for amendment Carson (IN) Fleming Hurd (TX) Engel Luja´ n, Ben Ray Slaughter Carter (GA) Flores Hurt (VA) Eshoo (NM) Smith (WA) the Committee shall rise and report the bill Carter (TX) Forbes Issa Farr Maloney, Speier to the House with such amendments as may Chabot Fortenberry Jenkins (KS) Fattah Carolyn Swalwell (CA) have been adopted. Any Member may de- Clark (MA) Foxx Jenkins (WV) Foster Matsui Takai mand a separate vote in the House on any

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.054 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3492 CONGRESSIONAL RECORD — HOUSE May 20, 2015 amendment adopted in the Committee of the real efforts to work together, across debate on this bill. This bill includes Whole to the bill or to the amendment in the the aisle, to get a bill that works for three important reforms that local sci- nature of a substitute made in order as origi- everyone. entists, stakeholders, and I believe will nal text. The previous question shall be con- Now I want to briefly talk about the get us a real red snapper season. Num- sidered as ordered on the bill and amend- ments thereto to final passage without inter- idea of science that the President and ber one, it repeals inflexible quotas vening motion except one motion to recom- my colleagues on the other side claim that have been in place up to this mit with or without instructions. the bill undermines. All too often here point. Number two, it creates jurisdic- The SPEAKER pro tempore (Mr. in D.C., what passes for science is just tional parity by expanding State political ideology dressed up with some YOUNG of Iowa). The gentleman from waters out to 9 nautical miles gulfwide. Alabama is recognized for 1 hour. technical language with no real basis Number three, it shifts the stock as- Mr. BYRNE. Mr. Speaker, for the in observable data. sessment and data collection respon- I don’t know if the gentleman from purpose of debate only, I yield the cus- sibilities from the Federal Government Colorado has ever been fishing for red tomary 30 minutes to the gentleman and gives those responsibilities to the snapper in the Gulf Coast—if he hasn’t, from Colorado (Mr. POLIS), pending Gulf States so we can get some real which I yield myself such time as I then I invite him to do so—but I can science, not flawed science. may consume. During consideration of tell you that there are more red snap- Far too often people in Washington this resolution, all time yielded is for per there than there has ever been be- think we know best; people in Wash- the purpose of debate only. fore. Despite that good news, NOAA ington think we have all the answers. and the Federal Government is consist- This is an issue where that simply is GENERAL LEAVE ently undercounting the number of fish not the case. This bill empowers our Mr. BYRNE. Mr. Speaker, I ask in the Gulf of Mexico. Nation’s fishing communities and gives unanimous consent that all Members Here is the craziest part of all: NOAA them the flexibility they need. have 5 legislative days to revise and ex- is not sampling for red snapper on So regardless of whether or not you tend their remarks. reefs, despite the fact that the red go fishing, this issue should matter to The SPEAKER pro tempore. Is there snapper is a reef fish. That is simply all Americans because this issue is objection to the request of the gen- absurd. If you look for red snapper about freedom and limiting the role of tleman from Alabama? somewhere other than the reefs, you the Federal Government in areas where There was no objection. are not going to find them because it just doesn’t belong. Mr. BYRNE. Mr. Speaker, H. Res. 274 they live on reefs. This is an extremely fair rule. I urge provides a structured rule for consider- Now, NOAA is also overestimating its support, Mr. Speaker, and I reserve ation of the Strengthening Fishing the number of red snapper caught each the balance of my time. Communities and Increasing Flexi- year. For example, last year the Fed- Mr. POLIS. The gentleman from Ala- bility in Fisheries Management Act. eral Government estimated that bama said there are more red snapper The rule makes in order eight amend- 1,041,000 pounds of red snapper were than there have ever been before, and ments, five of which are from Demo- caught off the coast of Alabama, where that would seem to indicate that the cratic sponsors. One of the amend- I am from. The Alabama red snapper policies are working, and I don’t think ments is a Democrat substitute, which reporting system, which is run by the it is a time to reverse course. will be debated for twice as long as the State, only estimated a catch of 418,000 Mr. Speaker, I yield such time as he other amendments. pounds. That is a remarkable disparity. may consume to the gentleman from As someone who has lived his whole So what has happened is a very dan- California (Mr. HUFFMAN), the ranking life on the Gulf Coast, I can tell you gerous combination of NOAA under- member of the Natural Resources Sub- just how important this bill is. For estimating how many fish are actually committee on Water, Power, and many people who live on our Nation’s out there and overestimating the num- Oceans and the author of the Demo- coast, this bill is about a way of life. ber of fish caught each year. This has cratic substitute, which is a cleaner re- This bill is for our Nation’s commer- resulted in a dramatically shortened authorization. cial fishermen, who depend on a reli- season for our red snapper fisherman. Mr. HUFFMAN. Mr. Speaker, I thank able fishing stock in order to make a Last year’s red snapper season was the gentleman from Colorado. living. This bill is also for our Nation’s only 9 days. This year it has been in- Like the gentleman from Alabama, I charter boat fleets, which are an im- creased to 10 days. That is simply un- do represent a coastal district, a fish- portant source of tourism. That means acceptable. ing district. In fact, the Second Dis- jobs, Mr. Speaker, and all too often I support science-based management, trict of California includes about one- people in this town and government and the committee supports science- third of the California coastline and scientists seem not to care about that. based management, but I don’t support many working harbors and ports where Just as importantly, this bill is for and the committee doesn’t support fishing men and women have been our recreational fishermen and every- flawed science-based management. And catching fish with their families for day anglers who just enjoy spending this House shouldn’t either. many, many generations, as well as the time on the waters. For my family, So that is why I get so frustrated Native American tribes that I rep- this is a lifelong tradition. I remember when I hear my colleagues say that resent, who have been depending on fishing with my dad on the Gulf of this bill undermines good science. healthy fisheries for hundreds, if not Mexico. I treasured opportunities to Come tell that to my fishermen on the thousands, of years. fish with my four children, and as a Gulf Coast. Come tell that to the ma- So this is important to me. I share new grandfather, I look forward to fish- rine scientists on the Gulf Coast who the gentleman’s concern that we con- ing with my grandson. have done extensive scientific research tinue to make fishing available for our- This is a good bill, and as a former on this. selves and for future generations. We member of the committee of jurisdic- This bill is important because it in- have some disagreements on how to get tion, the Natural Resources Com- cludes real reforms that are designed there, and we will talk about that. mittee, I can tell you that a great to get some better science for all of our I think the thing that we have to rec- amount of time and effort have gone fisheries, not only as it relates to red ognize at the outset of this debate is into this bill. This process started over snapper, but as it relates to the fish- that the Magnuson-Stevens Act has 2 years ago, and there was a lot of work eries all around the United States of been a great success by just about any to bring our parties together to get a America. Why don’t we encourage measure. It succeeded initially in help- bill that everyone can agree on. stronger partnerships with local col- ing us protect and rebuild fisheries Unfortunately, as happens far too leges and universities that have done from the threat of foreign fleets that often here in Washington, my col- great work in the past? were coming into U.S. waters and over- leagues on the other side of the aisle Mr. Speaker, I do want to touch on fishing and harming our American fish- have decided to make this into a par- that red snapper issue a little more be- ing communities and fishing families. tisan fight. President Obama has said cause it is so important to the people I It then went on to succeed in pre- he will veto this bill. All this despite represent, and it is very important to venting overfishing by U.S. fishermen

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.056 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3493 by a number of mechanisms in the bill their case to the regional council that Now, I appreciate that the gentleman that we will talk about in a moment. it is only fair that about half the fish has a substitute—and we are going to The other way in which Magnuson- ought to be available to them and give him an opportunity to talk about Stevens has been a huge success is that about half the fish are allocated to rec- it—but if you look at his substitute, we it has always been bipartisan. Both the reational fishermen. might as well call his substitute ‘‘The original act and the subsequent reau- In those small number of days, be- Environmental Litigation and Fish- thorizations of Magnuson-Stevens have lieve it or not, the recreational folks eries Disaster Creation Act of 2015’’ be- always been strongly bipartisan. And catch almost the same amount of fish cause that is what it is going to do. unfortunately, Mr. Speaker, we are de- that the commercial fishermen catch This amendment would allow the parting from that positive history with during a much greater number of days. Secretary of Commerce to accept out- the bill we have before us today, and There is always a little more than side funds from NGOs to support coop- we need to get it back on track. meets the eye. You hear sensational erative research projects. This gives statistics perhaps about the very small b 1930 the litigation community of the world number of days available. There is, an avenue to influence NOAA decision The keys to Magnuson-Stevens’ suc- frankly, much more to the story. making. cess have included strict rules on re- Where we do agree is, if we can get This amendment requires the Sec- building of fishery stocks and also very better data, better science, better mon- retary of Commerce to ignore current strict fishery specific quotas, so that itoring, all of this should be subject to procedure and forces the Secretary to we can make sure that we prevent discussion and revision in the councils. retroactively declare a fishery disaster overfishing and ensure a sustainable That is the flexibility of the Magnuson- in California from a January 2004 emer- fishery population. This is not so that Stevens Act, and that ought to be gency proclamation on California we stop fishing, quite the contrary. something that we can work on here drought. The purpose of these mechanisms is so together. Mr. HUFFMAN’s amendment seems to that we can continue to fish for future Unfortunately, though, Mr. Speaker, single out and blame the Central Val- generations by maintaining sustain- we have a Republican bill that is tak- ley Project for a fishery disaster. As we able populations. ing away some of the key provisions of all know, there are many factors for Absent these mechanisms, these very the act that have actually been the fish declines, mainly including ocean successful provisions in Magnuson-Ste- very source of its great success over conditions. vens’ history teaches us what would the years, so that heads in a wrong di- This amendment seeks to blame happen. We have a history that is rection. farmers for a fishery disaster. Above Then, unfortunately, we have the played out over and over again in this all, this amendment erases the flexi- obligatory runs at NEPA and various country and, frankly, around the bilities, transparency, and science im- environmental laws, including the An- world—that, without strict protections provements made in the underlying tiquities Act. This is no place to be for sustainable fish populations, we bill, but we give him the opportunity carrying out that endless assault on will overfish them, we will deplete to make his case before this House to America’s environmental laws. them. show our willingness to work with It puts us on a path where the trag- Let’s get back to that point of con- sensus, sustainable management of our them. edy of the commons plays out over and I was greatly surprised when I read over again, and the end result of that is fisheries. If we can do that, I think we have something we can work on to- the Statement of Administration Pol- fisheries closures. We are not helping icy that we received from the adminis- the folks who want to fish. When we gether in this House. Mr. BYRNE. Mr. Speaker, I yield my- tration when we were marking this bill don’t manage these populations, we are up in Rules Committee yesterday, and actually hurting them in the long run. self such time as I may consume. I appreciate the gentleman’s com- I was most surprised at what they had Now, Democrats have put forward a to say about the snapper language. substitute amendment that is much ments. It is very important that we try to find ways to try to work together Now, that language came from me. I closer to a clean reauthorization of asked the committee to put it in the Magnuson-Stevens. We think that is when the form of this bill that we worked on in the committee last year, bill, and I am greatly appreciative of really the conversation we need to be the fact that they did. having. What kind of clean reauthor- which is almost identical to the one that we adopted this year, was before Remember what I said about what ization can we have? And are there the science has done to our fishery in consensus areas where we can actually the Natural Resources Committee. In Mr. DEFAZIO’s opening statement, the Gulf of Mexico. Here is what the improve Magnuson-Stevens? administration says: The gentleman from Alabama might he said: be surprised to find Democrats strong- Thank you, Chairman, and I appreciate the H.R. 1335 would also severely undermine changes that were negotiated on a number of the authority of the Gulf of Mexico Regional ly agreeing with him, that we could provisions in the bill. Fishery Management Council by extending benefit from additional science, better Then he said: State jurisdiction over the recreational red science. There may be better data snapper fishery to 9 miles in the Gulf of Mex- This has been traditionally a very bipar- available on the red snapper in the ico. We intend to give the States more au- tisan exercise, and this is, in good part, bi- thority by going out. Gulf. We are also working with Repub- partisan. licans to try to get that science and Mr. PALLONE, same time, his opening Now, yes, that would give us some make it available to the decision- statement in the committee last year flexibility for the fishing out there, but makers who set those rules for that on a virtually identical bill was: a lot of the reefs that these red snap- fishery. I do want to say that I do appreciate the pers grow on are further out than 9 There is also more than meets the fact that you reach out to us on the Demo- miles, so it doesn’t solve the whole eye, even for that red snapper fishery cratic side of the aisle; and many of the pro- problem. because, while you are talking about a visions, as you mentioned, that are in the The administration goes on to say: small number of days for recreational bill did come from input from the Demo- This proposed extension of jurisdiction fishermen in Federal waters, you have cratic side. would create an untenable situation where got a much greater number of days in The gentleman referenced the sub- recreational and commercial fishermen fish- State waters. stitute: ing side by side would be subject to different You also can fish for red snapper and The substitute has been made in order and regulatory regimes. any other species just about any day has given more time than anything else for How do they know in advance what you want. When you are in Federal us to debate. the States are going to do? Why do waters, you can only keep them during We have really leaned over back- they presume that that is going to be those certain number of days. The rea- wards, particularly when you consider the case? They do so because they have son for that is because approximately that the majority of amendments that such an aversion to the States having half the fish caught are reserved for we have made in order in this rule are any control, any input, in the way that commercial fishermen who have made amendments offered by the Democrats. this fishery is governed.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.112 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3494 CONGRESSIONAL RECORD — HOUSE May 20, 2015 They go on to say: our oceans—something I have to admit, derstand there is some technology Absent an agreement among the States as as representing the landlocked State of that, when implemented, could have to how to allocate recreationally caught red Colorado, I had to take a crash course helped avoid this kind of accident— snapper, the bill would encourage interstate on in the last few days—I want to talk here we are again, discussing gutting conflict and jeopardize the sustainability of about some of the events from the last the Magnuson-Stevens Act that has this gulfwide resource. week that I think should merit con- successfully protected our wild fish- No one has a greater stake in making gressional attention. eries and helped restore some of the sure we keep this fish stock healthy One item that happened in the last stock so that precisely the recreational than those of us that live on the Gulf week is a 16-year-old student from the and charter fishermen and the gen- Coast do. Whether we are in commer- Atlanta Public School system in Geor- tleman from Alabama can continue to cial fishing, whether we are in charter gia was attacked in his courtyard just enjoy fishing. Absent the support of boat fishing, whether we are in rec- because he was gay. A crowd sur- the Magnuson-Stevens Act, it is likely reational fishing, if we overfish this rounded to watch as 15 people beat this we would not be able to support the stock, it is gone; I won’t get to fish it young person into a bloody pulp while level of recreational and commercial with my grandson. yelling derogatory slurs at him. fishing that we can today. Future commercial fishermen won’t Again, we could be addressing that Seven people were shot in Baltimore get to make money off of this and pro- through passing the Student Non-Dis- yesterday amid a recent spike in vio- vide jobs. Charter boat people won’t be crimination Act or the antibullying act lence following the death of Freddie able to come down to the beach and from Representative SANCHEZ, but in- Gray while in police custody; but, in- enjoy themselves. No one wants that to stead, we are talking about gutting stead of addressing nonlethal use of happen. Magnuson-Stevens’ protections of our force or video cameras on police offi- The administration presumes that we fisheries. cers, we are discussing gutting the are going to be so self-defeating that Also this week, a south Texas family Magnuson-Stevens Act. we would allow that to happen. I am detention facility, similar to facilities We all know that the Federal high- greatly disappointed that, after all the in other parts of the country for immi- way reauthorization is running up work we did to solve this problem that grants who were caught in the wrong against the May 31 deadline. The body was created by the government sci- place at the wrong time, testimony of this Congress chose to renew it for 60 entists, that still the administration is came out that women and children days and just created another crisis in attacking us, still they are trying to were severely punished, abused, and ne- another 59 days; yet we are not dis- keep us from solving this problem. glected. We could be pursuing deten- cussing what a deal would look like, a I appreciate what the gentleman had tion reform or immigration reform; bipartisan deal, for a longer-term reau- to say. I think we should try to work but, again, we are not. thorization of the Federal highway together on every bill we try to pass in This last week, Los Angeles raised its trust fund. this House; but, at some point, we have minimum wage to $15 an hour. Now, in b 1945 got to stand up for people who fish in LA, that puts families closer to a liv- One hundred eighty Democrats this country. We have a right to fish in ing wage, but the bad news is this Con- signed a discharge petition for a bill the waters of the United States, and gress refuses to take up any minimum that seeks to renew the charter of the the waters of the United States don’t wage hike. Whether it is a $12 proposal, Export-Import Bank, a critical driver belong to the government scientists; which Democrats put forward, whether for job creation and American competi- they belong to the people of America. it is a $10.10 proposal, whether it is tiveness, fully permissible under WTO Mr. Speaker, I reserve the balance of even a $9 proposal, this Congress has rules, under proposed trade agreement my time. not, instead of bringing forward a bill rules. Other countries have these kinds Mr. POLIS. Mr. Speaker, I yield my- to increase the minimum wage—by the of banks, and to unilaterally disarm self such time as I may consume. way, when somebody works full time at would cost American jobs. But instead Here we are debating the gutting of minimum wage, they earn about $14,500 of talking about how Congress gets out the Magnuson-Stevens Act, which both a year. I don’t know what we are say- of this political box on the Export-Im- sides agree has successfully helped re- ing to people where you work full time port Bank, we are discussing gutting store some of our counts of wild stock, and we are forcing you to rely on gov- the Magnuson-Stevens fisheries protec- including snapper. It hardly seems the ernment programs to subsist. tion legislation. time to reverse course without any sci- Republicans are keeping people on This Congress could do a lot better entific evidence that, somehow, we will public housing, on food stamps, on wel- with regard to dealing with issues that get to a different place than we were fare, rather than helping them support I hear about from my constituents when Congress wrote the Magnuson- their own way and regaining their dig- every day, day in and day out, whether Stevens Act to address the very issue, nity in the process, which is what rais- that is fixing our broken immigration which it seems to be successfully ad- ing the minimum wage would do; but, system, whether it is protecting our dressing. no, we are not talking about that here country from terrorism, whether it is The gentleman from Alabama men- today. We are talking about gutting preventing future Amtrak derailments. tioned some remarks from Mr. DEFA- the Magnuson-Stevens Act. Those are the kinds of topics that, I ZIO. I wanted to be clear that then- 21,000 gallons of oil spilled in the Pa- think, the American people want to see Ranking Member DEFAZIO opposed a cific Ocean off the coast of Santa Bar- us discussing here today rather than similar bill, this similar bill, in the bara County—that is probably not good gutting an important piece of legisla- last Congress. I am not sure of the con- for the fish there either—following the tion which many charter fishermen, text of the remarks he made, but he eruption of an 11-mile long under- recreational fishermen, and commer- stood here on the floor urging his col- ground pipeline; but, instead of talking cial fishermen applaud in having suc- leagues to oppose the bill. He opposed about a renewable energy future, in- cessfully sustained their livelihoods or it as well in committee. stead of talking about ending our reli- their passions for the last generation. He was not happy with the result last ance on fossil fuels or a national re- Let’s talk about fish. time; he is not happy with the result newable energy portfolio standard, we The bill we are looking at today this time, nor is our new ranking mem- are talking about gutting our fisheries would devastate our wild fisheries. It ber of either the subcommittee or the protection and gutting the Magnuson- would make our waters much more of a committee. I should add it passed out Stevens Act. ‘‘free for all.’’ Under the guise of flexi- of committee without a single Demo- Tragically, we had funerals for eight bility, it would allow for the over- cratic vote. To be clear, there was not people who were killed in the derail- fishing of critical species, risking not a bipartisan effort in committee to ment of the Amtrak train in Pennsyl- only their sustainability and the future talk about the best policy with regard vania; our House observed a moment of enjoyment of recreational fishermen to fisheries. silence earlier on that, but rather than but also the health of entire eco- Now, before I jump into the debate discussing measures that can prevent systems that rely on the fish stocks about fish populations and fisheries in future derailment accidents—and I un- that we are debating.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.114 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3495 It would set an alarming precedent confuses the debate and distracts from have been fewer that have been taken for the circumvention of our bedrock the individual merits of each bill and out of the water. If we manage our fish- environmental laws by allowing fishery the process by which it will be consid- eries for the short term, if we throw management councils to supersede ered. I have just got to tell you that it caution to the wind, people might have NEPA, the National Environmental seems to me we had a lot of confusion a good season or two, but it simply Policy Act; the Endangered Species and distraction with the interjection won’t be there either for the future Act; the Antiquities Act; and the Na- into this debate of a bunch of issues generation of recreationists or for tional Marine Sanctuaries Act. that have nothing to do with fishing. those whose livelihoods depend on a The Fishery Conservation and Man- Today, we have one rule covering one viable commercial fishing stock. agement Act was introduced in 1976 to bill; yet the gentleman just spent the Now, this bill is about fish. If this stop unregulated fishing that had de- majority of his time discussing issues rule allowed for the discussion of some monstrably led to the depletion across not covered in the rule before us. of the other bills I mentioned, I could a number of wild fisheries. In both 1996 Let me tell you that the people in my support it. If this bill allowed a debate and 2007, the legislation was reauthor- area are suffering. Charter boat people of #raisethewage, either to our Demo- ized—bipartisan bills again. This bill have lost their boats. Dads who want to cratic proposal of a $12 an hour min- passed committee without a single take their children fishing can’t take imum wage or to whatever number the Democratic vote. Each time, through a their children fishing. It is destroying gentleman from Alabama would like— comprehensive drafting process, good a way of life for people. I am not saying if he would like to propose $9 an hour, ideas from both sides of the aisle were those other issues aren’t important, $8.50—I would be willing to support this put to paper. that they are not serious, but they are rule, or if it even allowed 2 minutes of Ironically, the one thing that, I not covered by this rule, and they are debate for raising the minimum wage. think, the gentleman from Alabama not in this bill. We need to debate that. Mr. Speaker, I would support this bill and I can agree on is that the 2007 au- The gentleman said something about if it allowed for us to consider our bi- thorization has been successful. We the 2007 act, that it was successful. Let partisan immigration reform measure. have shown the increased health of our me tell you what it has been successful If we allowed that debate under this wild fish stocks. So the question is: Do in doing. It has taken a summer red bill, I would do that. I would support we want to reverse course and jeop- snapper season and reduced it to 10 this rule if it allowed debate about the ardize that, or do we want to move for- days. That is what it has been success- Student Nondiscrimination Act to ward with scientific-backed evidence? ful in doing. It has been successful in make sure that LGBT students don’t Unfortunately, the Republicans are almost decimating our charter boat face bullying in our schools and so that trying to make sweeping changes to fleets and in putting a lot of people out it is a safe learning environment for all gut the Magnuson-Stevens Fisheries of work. I hear a lot from the other students. I would support this rule if it Protection Act. This iteration of the side about needing to put people to addressed what we have learned from bill was drafted with almost no Demo- work. The people on these charter the Amtrak derailment and prevented cratic input, and it passed out of com- boats work. They lost their jobs be- future derailments and saved lives. mittee without a single Democratic cause of this. It was successful all None of those items, along with vote. right. It was successful in destroying countless others, are included under Look, if we want to go through this something that worked for people for this rule. In fact, all of the amend- kind of exercise with a bill that the generations. ments under this rule, as well as the President has said he would veto—a I have great respect for my fellow underlying bill, are related to fish. bill that breaks with the proud bipar- colleague from Colorado who is on the No, I don’t know deny that fish are tisan tradition of fisheries protection— Rules Committee. I know he doesn’t important. We might be discussing our why aren’t we spending time on some get to fish much in the Gulf of Mexico, mountain trout someday here on the of the issues I mentioned earlier, like but I extend an invitation to him. I floor of the House and defending the immigration reform, like protecting will take him out there and let him President’s efforts around clean water LGBT students from discrimination, catch some red snapper. I believe, Mr. or on protecting some of our water- like socioeconomic disparities in our Speaker, once he does that, he will be sheds in Colorado. We have a lot of in- country, how we can deal with mental as enthusiastic for this bill as I am. terest in protecting our fishing stock health among returning veterans who I reserve the balance of my time. as well. But I would be proud to be able fought overseas, or the risk of ter- Mr. POLIS. Mr. Speaker, I would like to bring forth some of the priorities rorism here at home? Let’s do that. to inquire if the gentleman has any that I hear from my constituents that If we are going to talk fish, Mr. further speakers or is prepared to are so critical. Speaker, let’s at least bring up a bill close. Rather than continually bringing up that has been drafted by all stake- Mr. BYRNE. Yes, Mr. Speaker, I am bills that attack the integrity of our holders. Let’s at least bring up a bill prepared to close. environment—in this case, a bill that that ensures that the fishing commu- Mr. POLIS. Mr. Speaker, I yield my- would gut the fisheries protections nity will have an industry in 10 years, self the balance of my time. that have been afforded under the Mag- in 20 years, in 50 years—a bill that pro- I invite the gentleman from Alabama nuson-Stevens Act and that both sides tects the interests of our recreational to come to Colorado to fish our won- have acknowledged have successfully fishermen and that preserves the derful mountain trout, which we have helped restore the red snapper popu- health of our oceans for the enjoyment in our streams and rivers. Obviously, lation—I would hope that perhaps our of all Americans and for the health of he is no stranger to a different kind of next rule will allow us to raise the our planet now into the future. fisheries management policy where, of minimum wage, that perhaps our next I reserve the balance of my time. course, our economy in Colorado relies rule will allow us to consider immigra- Mr. BYRNE. Mr. Speaker, I yield my- on fishing and sportsmen as well, and I tion reform, that perhaps our next rule self such time as I may consume. certainly understand that driver of will help us deal with the bullying in I was listening to the gentleman jobs locally. schools, that perhaps our next rule will from Colorado speak. We heard about I think the disconnect here is that save lives and prevent future immigration, minimum wage, LGBT, the gentleman talks about what the derailments, and so many other issues. renewable energy, highways, the Ex-Im 2007 Magnuson-Stevens bill has accom- I say to my colleagues that this par- Bank, and a little bit about fish. This plished in that it has reduced the num- ticular bill needs to go back to the is a bill about fish. It is not about all ber of days that people can fish. That drawing board. It needs to go back to of that stuff. was the action that was taken. The ef- the drawing board to have a bipartisan We have heard from our friends on fect of that is that the wild stocks are effort in a committee I serve on, the the other side of the aisle that we in up, so there are more snapper. I think Natural Resources Committee, to in- the majority are using too many com- both sides agree on that. I believe there clude priorities from both sides and bined rules, where you have more than is a direct causal link to the fact that good science and continue to build one bill in the rule, which they say there are more snapper because there upon the legacy of success that the 2007

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.115 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3496 CONGRESSIONAL RECORD — HOUSE May 20, 2015 bipartisan reauthorization of the Mag- half of our Nation’s coastal commu- uary 6, 2015, the gentlewoman from nuson-Stevens Act has had in increas- nities. Let’s get some real relief for our New Jersey (Mrs. WATSON COLEMAN) is ing the health of our wild fishing fishermen. I encourage my colleagues recognized for 60 minutes as the des- stocks. I encourage my colleagues to to support this rule and to support this ignee of the minority leader. vote ‘‘no’’ on this rule. commonsense bill and to support the GENERAL LEAVE I yield back the balance of my time. people of America and their freedom to Mrs. WATSON COLEMAN. Mr. Mr. BYRNE. Mr. Speaker, I yield my- fish in our waters. Speaker, I ask unanimous consent that self the balance of my time. Mr. Speaker, I yield back the balance all Members have 5 legislative days to I was listening very carefully to the of my time, and I move the previous revise and extend their remarks and in- gentleman from Colorado, and I accept question on the resolution. clude extraneous material on the sub- his invitation to go trout fishing. I The previous question was ordered. ject of my Special Order. would love to do that. Fishing of all The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there kind is great for everybody to do, and question is on the resolution. objection to the request of the gentle- I appreciate his invitation. The question was taken; and the woman from New Jersey? The reason we have the problem we Speaker pro tempore announced that There was no objection. have today is not because the Federal the ayes appeared to have it. Mrs. WATSON COLEMAN. Mr. Government knows how many fish are Mr. POLIS. Mr. Speaker, on that I Speaker, I am so pleased to join with out there. It doesn’t. Remember what I demand the yeas and nays. my distinguished colleague, the gentle- The yeas and nays were ordered. said earlier—this is a reef fish, and woman from Florida, as we discuss an The SPEAKER pro tempore. Pursu- they don’t sample for reef fish on reefs. issue of great importance to my dis- ant to clause 8 of rule XX, further pro- So, if you don’t sample for reef fish on trict and, quite frankly, to every Mem- ceedings on this question will be post- reefs, you are not going to find the ber of Congress: transportation infra- poned. fish. Now, we know there are so many structure. fish out there because we haven’t been f Last week our Nation endured a ter- allowed to fish them and that snapper b 2000 rible tragedy as Amtrak Northeast Re- are not only eating other species but HONORING THE LIFE OF gional train 188 derailed in Philadel- they are eating other snapper. phia on its way to Trenton en route to What our scientists have done is they CORPORAL SARA MEDINA New York. That accident killed eight have actually gone out there with sub- (Mr. FOSTER asked and was given Americans, including one of my con- mersible vehicles with high-def cam- permission to address the House for 1 stituents, injured more than 200, and eras, and they count the fish on the minute and to revise and extend his re- disrupted service on the busiest rail reef and sample them that way. They marks.) corridor in the Nation for nearly a have a real number. They do a real Mr. FOSTER. Mr. Speaker, today it week. sampling so they get accurate data, is with great sorrow that I rise to mark In the days since the accident, inves- and these government scientists don’t. the loss of one of Aurora’s brightest tigators have indicated that high My friend said that we should go lights. On May 12, 2015, while per- speeds may have played a significant back to the drawing board. We have forming relief work following the waited too long already. We should role in the derailment, speeds that Nepal earthquake, Corporal Sara Abi- were more than double the limit in have done this last year so that we gail Medina and five other marines could have had a real snapper season that stretch of the track. My col- tragically lost their lives in a heli- leagues on the other side of the aisle this year. If we wait again, we won’t copter crash. have a snapper season next year, and have used those details to deflect at- Corporal Medina was from Aurora, Il- tention away from discussing our Na- that is not acceptable. We have enough linois, and graduated from East Aurora fish out there—and the science from tion’s investments, or the lack thereof, High School in 2010. While still in high in rail and all of our other surface our region has proven it—to have a real school, she decided to serve her coun- snapper season. It is not just about transportation infrastructure. try by joining the Marines. Mr. Speaker, burying our heads in snapper. We have these problems in In the face of such a tragedy, we the sand and waiting until an accident other areas of the fishery that need to often ask why; and to paraphrase the indisputably caused by lack of funding be taken care of and taken care of in a President, whenever a disaster strikes, or maintenance to discuss that funding responsible way. No one is more envi- the world looks to America to lead be- is dangerous, irresponsible, and, frank- ronmentally conscious than someone cause of our extraordinary people who ly, unacceptable: dangerous because who hunts and fishes, because that is rise to the challenge. millions of Americans every day are where we get our enjoyment, and we As a father, I know that no words driving across dilapidated bridges, want it to be there for us and for our that I say on this floor will be able to riding on outdated trains, and stuck in children and, now that I have a grand- fill the hole in the hearts of all those endless traffic when traveling to work, son, for my grandchildren. who knew and loved Sara, but still we to school, and medical care; irrespon- I have appreciated this debate today. must speak because all should know sible because news coverage and the I always welcome the opportunity to that Corporal Sara Medina gave her looming highway trust fund depletion draw attention to some of the real last full measure of devotion in service have made transportation infrastruc- issues which are affecting my constitu- to her country, helping those who ture a national focus; unacceptable be- ents back on the Gulf Coast. To some needed it most. people up here, this issue doesn’t mean For her sacrifice and for her family’s cause transportation infrastructure much. To some people, they only listen terrible loss, we offer our condolences has traditionally been a bipartisan to the political talking points put out and thanks of a grateful nation. issue that affects how every single one by lobbyists or by political parties or of our constituents gets where they f by environmental groups. But to the need to go. Still we stand here today small restaurant employees in Gulf ANNOUNCEMENT BY THE SPEAKER waiting for the House majority to Shores or to the charter boat captain PRO TEMPORE bring forth a good-faith, comprehensive in Orange Beach or to the gas station The SPEAKER pro tempore (Mr. surface transportation reauthorization in Foley or to the condo owners on NEWHOUSE). The Chair will entertain that makes investments to give us the Dauphin Island or to the thousands of Special Order speeches without preju- transportation system—rail, car, air, families who spend time fishing on the dice to the resumption of legislative and sea—that we need. Gulf Coast and all around our country, business. Transportation infrastructure is crit- this bill is critically important. This f ical for the businesses and employers bill is about getting the Federal Gov- in our district that ship goods to con- ernment off our backs so that we can TRANSPORTATION sumers across the globe. Transpor- fish. INFRASTRUCTURE tation infrastructure creates good-pay- Let’s not fall back into another polit- The SPEAKER pro tempore. Under ing jobs here, jobs that can’t be ical debate. Let’s come together on be- the Speaker’s announced policy of Jan- outsourced, and jobs that will actually

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.116 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3497 give working Americans a chance to passion about the importance of fund- currently collects about $35 billion per climb into the middle class and be- ing a comprehensive transportation year for the highway account and $5 yond. bill. billion for the transit account. Accord- But like I mentioned earlier, my col- Mr. NADLER. I thank the gentle- ing to CBO, the highway trust fund leagues on the other side of the aisle woman for yielding. faces a shortfall of about $170 billion would rather have us wait until an ac- Mr. Speaker, for well over a decade over the next 10 years. By 2020, the cident that we can attribute to infra- we have failed to adequately invest in highway trust fund’s purchasing power structure decay to invest in our roads, transportation infrastructure. Accord- will have dropped by nearly half since our bridges, and our railways. In fact, a ing to DOT, there is an $808 billion 1990 because of inflation at a time when Los Angeles Times report recently backlog of investment needs on high- the country’s population will have in- noted that the last time Congress sig- ways and bridges, including $480 billion creased 30 percent. nificantly increased Amtrak funding in critical repair work. Public transit We currently spend about $50 billion was 2008, following the 2008 Union Pa- has an $86 billion backlog of critical a year on highways and transit, and cific-Metrolink crash in California that maintenance and repair needs, which most of the recent fights over revenue killed 25 people. increases by $2.5 billion each year as for the transportation bill have been This year, the day following the bus and rail infrastructure ages. merely to fill the gap to maintain cur- Philadelphia crash, my colleagues on The American Society of Civil Engi- rent funding levels. The discussion the other side of the aisle voted to cut neers has given U.S. infrastructure an should be much broader. It should be Amtrak funding by one-fifth. That is overall grade of D-minus because 54 about how we can fund the program at wrong; it is just plain wrong. It is in- percent of our major roads are rated a higher level to eliminate the backlog, sane, and it is out of touch. poor or mediocre. One out of every four increase capacity, meet a state of good Earlier this year, my Congressional bridges in the United States, or 147,000 repair, and eliminate the congestion in Progressive Caucus colleagues and I in- bridges, is structurally deficient or this country. troduced the People’s Budget, a budget functionally obsolete, and 45 percent of Today, this country spends about 1.7 that would fix our economy so that it Americans do not have access to tran- percent of GDP of the entire economy will once again provide opportunity for sit. on infrastructure. We used to spend al- everyday working class Americans. A Federal land management agencies most 4 percent on infrastructure. Eu- key provision in the People’s Budget need over $11 billion to address deferred rope is spending 4 to 5 percent, and was an investment of $820 billion to maintenance needs on our roads and China is spending 9 percent. Who do close our Nation’s infrastructure gap, bridges. The Federal Highway Adminis- you think, 30 years from now, is going funded by raising the gas tax by just 15 tration estimates that the cost of up- to have a competitive economic system cents for the first time in more than grading and repairing our deteriorating which depends on adequate up-to-date two decades so that we can maintain bridges is over $106 billion. An invest- competitive transportation infrastruc- and improve our Nation’s infrastruc- ment of $20 billion annually by all lev- ture and broadband? ture. els of government is needed through In particular, for example, we have Unfortunately, instead of the Peo- 2030 to draw down the backlog. been underinvesting in our rail infra- ple’s Budget, Congress passed a far Bringing existing transit assets just structure as well. The passenger rail more dangerous Republican budget; up to a state of good repair will require system needs at least $52 billion, or $2.5 and unfortunately, our infrastructure an annualized investment level of $18.5 billion per year for 20 years, just to continues to crumble. Our roads are billion through the year 2030, an meet ridership demands such as capac- frequently congested, limiting produc- amount far in excess of current funding ity improvements, such as tunnels to tivity for millions of American work- levels. An additional $4.3 billion over New York and to bring the system into ers; our airports appear run down com- current spending levels from all levels a state of good repair. Of that amount, pared to their competitors in Europe of government is needed annually to $21 billion is necessary for the backlog and Asia; and rail speeds around the eliminate the current backlog by 2030. of projects on the Northeast corridor. world have long eclipsed even Amtrak’s To accommodate future transit rider- The Northeast corridor serves 51 mil- fastest trains. ship growth and preserve transit sys- lion people and is the major corridor Our bridges continue to deteriorate tems, as much as $24.5 billion per year for Amtrak in the country. The $21 bil- and present real safety hazards, and would need to be invested compared to lion for the backlog of projects in- our ports are in terrible disrepair, hav- only $14.2 billion currently invested, a cludes $13.8 billion in major infrastruc- ing negative economic impact. In fact, gap of $10 billion a year. ture project backlog and $7.2 billion in a report last week in The New York The cost to our economy of not meet- basic infrastructure backlog. Times noted that while the train that ing our infrastructure needs is great. derailed was traveling well above the According to the 2013 American Soci- b 2015 speed limit, at 106 miles per hour, its ety of Civil Engineers report, 42 per- speed was about half of the average cent of America’s major urban high- Some of these major project needs in- speed of a French train from Paris to ways remain congested. Congestion clude $1.5 billion to replace the Balti- Marseille. costs commuters $121 billion a year in more and Potomac Tunnel, which dates Federal and State investments in in- wasted time and fuel, or an average of back to 1873; $950 million to replace the frastructure have plunged in recent $818 per commuter. I would guarantee Gunpowder and Bush River Bridges; years, even as economists have re- you each commuter would rather spend $850 million to replace the Susque- peated over and over and over again the equivalent amount in taxes than hanna River Bridge; $350 million to re- that infrastructure spending would waste that money sitting on a clogged place the Highline Bridge and add a bring massive economic benefits and highway. fourth track between Newark and New overhaul our transportation networks. In 2011, congestion caused urban York; $750 million to replace the Portal This has to change before it is too late, Americans to travel 5.5 billion hours Bridge, which can stop the entire Mr. Speaker. more and to purchase an extra 2.9 bil- Northeast corridor if it should fail; $1 The Congressional Progressive Cau- lion gallons of unnecessary fuel. With- billion for catenary, communication, cus is here on the floor today to im- out existing transit services in place in and signal upgrades and bridge replace- plore our colleagues to put transpor- 2011, travelers would have suffered an ments near New Haven; $2.8 billion in tation spending front and center. I additional 865 million hours of delays upgrades to other movable bridges; $1.8 know that the gentlewoman from Flor- and consumed 450 million more gallons billion in additional catenary upgrades ida (Ms. BROWN) agrees with me. I want of fuel. from Washington, D.C., to New York. to thank her for her leadership as a Despite the condition of our infra- All this is basic backlog, just to member of the House Committee on structure system caused by years of make sure that the current system Transportation and Infrastructure. underinvestment, we are spending way continues to operate and doesn’t fail. I yield to the gentleman from New too little today on roads, bridges, tran- Additional funding over and above the York (Mr. NADLER), who shares our sit, and rail. The highway trust fund $21 billion backlog, for a total of $64

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.118 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3498 CONGRESSIONAL RECORD — HOUSE May 20, 2015 billion, is needed for service improve- lion for truck and bus safety programs, gress spend the next 2 months, once ments and projected increases in ca- and $16 billion for the Highway Safety and for all, making transportation pacity on the Northeast corridor; yet Improvement Program. funding a priority. Amtrak gets just $1.4 billion in the an- It provides $7.5 for TIGER grants and We must realize that what we have nual appropriations bill—or less than 2 $6 billion for TIFIA that could support based our transportation program on percent of Federal transportation fund- $60 billion in loans. It provides $3.5 bil- since 1955, the gasoline tax, is a wast- ing. lion to leverage research and innova- ing asset. It is down 30 percent since The Appropriations Committee rec- tion to move people. 1993 because of inflation, and every ommended the other day that this be Several of the members of the Trans- year, we use fewer gallons because of reduced to $1.1 billion, with a $64 bil- portation Committee just introduced an intelligent policy of energy con- lion backlog. the GROW AMERICA Act in the House. servation, of higher mileage per gallon; The fiscal year 2016 transportation Not all of us agree with everything in but that means fewer gallons of gaso- appropriations bill, just marked up in that bill. line. We must either raise the gasoline committee the day after the accident For example, the Transportation tax or bring in a new source of revenue north of Philadelphia, cuts capital Committee’s Special Panel on Freight, or both. funding for Amtrak by $290 million, which I was the ranking Democrat on, Finally, let me say that interest providing only $1.1 billion in FY 2016, made several unanimous bipartisan rates are at negative rates now. When $1 billion below the President’s re- recommendations, including providing interest rates are at negative rates, quest. dedicated guaranteed funding for when you can borrow money and pay it The President’s request for this projects of national and regional sig- back more cheaply, that is the time to year’s budget includes $5 billion for nificance. Reauthorizing this program borrow money to invest so that our rail. Half of that is for Amtrak, to is a top priority for many of us on the children inherit not a great debt, but bring the system to a state of good re- committee and should be included in inherit an efficiently functioning econ- pair, including $550 billion for the any final bill. omy and an investment in the country Northeast corridor. It is important to start moving a that makes the economy function. As we await the results of the full in- long-term bill, where we can have an We have always known this. The Re- vestigation, the tragedy of Amtrak opportunity to shape these policy pro- publican Party and their precursor, the train 188 shows the importance of a re- visions, and the GROW AMERICA Act Whigs, have always known this. They liable rail system to the Northeast re- would serve as a good starting point. were the party in the 19th century of gion of this country. We cannot con- The last surface transportation bill, the American systems. What was the tinue the decades of neglect that have MAP–21, expired last fall. The Presi- American system? Henry Clay’s system left our system desperately under- dent first proposed the GROW AMER- to invest public funds in internal im- funded and resulted in a multibillion- ICA Act last spring to provide an alter- provements in roads and canals and dollar backlog to bring the system to a native for MAP–21 before it expired. bridges and railroads, rather than the state of good repair. Unfortunately, we failed to reauthor- European system of letting the private It should not require a tragedy to ize MAP–21 on time and passed an ex- sector do it. spur action to address the glaring defi- tension until the end of this month, to Abraham Lincoln continued that tra- ciencies in our transportation and in- give us more time to work on a long- dition with the transcontinental rail- frastructure network. We should act term bill. We just passed another 2- road at a time of civil war, and Dwight before accidents occur. month extension, the 33rd extension, to Eisenhower did the Interstate Highway Rail safety is not a luxury; it is of take us to the end of July. System, which we are still living with. fundamental importance to our citi- We have known for months that this These were Republican Party projects. zens and our economy. Thousands of day was coming; yet we have made no I only wish the Republican Party businesses and commuters in the progress in finding a solution to fund- wasn’t completely turning its back on Northeast depend on the rail for com- ing highways, transit, and other impor- its own heritage. merce and transportation every day. tant surface transportation programs. We have, for the last century, a bi- Congress must finally provide the re- MAP–21 itself was only a 2-year bill, partisan heritage of funding our infra- sources necessary for ensuring the safe- breaking the tradition of Congress structure so that the country can grow ty and reliability of our transportation passing 5- or 6-year bills to provide the and the economy can prosper, but the and infrastructure system. reliable funding necessary to complete Republican Party seems to have turned While this Congress has failed to long-term capital plans and projects this back on this. I urge you to recon- make transportation funding a pri- that require a commitment beyond 1 sider. ority, the administration has taken the fiscal year. Stop turning your back. Join us in lead and proposed a long-term surface The last time we passed a long-term the Democratic Party in continuing transportation reauthorization bill. bill was 10 years ago, in 2005, in our tradition of making this an econ- The GROW AMERICA Act provides a SAFETEA–LU. That bill was under- omy that can function for all our peo- total of $478 billion over 6 years, a 45 funded because of a resistance to rais- ple, where people can move and not percent increase for highways, bridges, ing the gasoline tax and identifying waste their time sitting in traffic jams, public transportation, highway safety, new revenue sources. where goods can move and the econ- and rail programs. It provides $317 bil- House and Senate leadership couldn’t omy can function, businesses can flour- lion for programs under the Federal come up with the additional $60 billion ish. That is what is at stake. Highway Administration, an increase needed to fill the gap in the highway Ms. BROWN of Florida. Mr. NADLER, of 29 percent over current levels. It al- trust fund just to do a long-term bill at first of all, I want to thank you for locates $18 billion for a new dedicated current levels, but this week, they put your comprehensive information about multimodal freight system. How is our on the floor a tax extender that will transportation infrastructure. economy supposed to operate without cost $182 billion over 10 years, com- In my home State of Florida, we an efficient freight transportation sys- pletely unpaid for. bring many visitors to Florida through tem? The priorities of this Congress are Amtrak through the Auto Train. We It provides $115 billion for programs completely out of whack. Our infra- have colleagues on the other side that under the Federal Transit Administra- structure is crumbling around us, and want to privatize that system, and I tion, an increase of 76 percent over cur- the majority continues to spend hun- want to know how that will affect New rent levels, and significantly boosts dreds of billions of dollars on tax cuts York, privatizing that Northeast cor- New Starts funding. for corporations and the wealthy, while ridor. It provides $28 billion for programs leaving transportation funding to with- Mr. NADLER. Well, you have to re- under the Federal Railroad Adminis- er on the vine. member the reason why Amtrak was tration, $6 billion for vehicle safety I am concerned we will be back here created in the first place. We didn’t programs under the National Highway in July having this same conversation. have public railroads in the 19th cen- Traffic Safety Administration, $4.7 bil- We must demand now that this Con- tury. We didn’t have public railroads in

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.120 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3499 the first half of the 20th century, but to funding Amtrak, and we started the Ms. BROWN of Florida. I thank the by 1960 and 1970, many of the freight rail system, and they don’t use ca- gentleman for his contribution. railroads were going bankrupt, and cer- booses any more. Mr. Speaker, Congresswoman WAT- tainly, the passenger lines could no I don’t understand why it is that we, SON COLEMAN, and Members of the longer pay for themselves. They were as Members of Congress, don’t under- House, it amazes me that the House all going bankrupt. stand the importance of having a safe, practices what I call ‘‘Reverse Robin Congress faced the reality in 1970 efficient transportation system. Rail Hood.’’ In other words, robbing from that if it didn’t create something has to be a part of it. transportation to give tax breaks to called Amtrak—it was named Am- When I think about Katrina and I their friends. trak—but something as a public cor- think about over 3,000 people died be- Recently, they passed close to $300 poration or publicly funded corpora- cause they couldn’t move out of harm’s billion for tax breaks. But, yet, we tion, there would be no passenger rail way, that is a reason why we need a can’t pass a comprehensive transpor- in the United States. comprehensive transportation system tation bill that will put people to work. The States did the same thing. What in this country. Yesterday, in the House, we passed became various commuter rail agen- Our competition in Florida is not another extension of surface transpor- cies, like MTA in New York or SEPTA Georgia, Alabama, and Mississippi— tation programs, once again, failing in in Philadelphia and others, were cre- nothing personal to the people here our duties to provide a world-class ated out of the bankrupt passenger op- from Georgia. We are competing with transportation system for our country. erations of the private rail lines. No people from other countries, and we Transportation programs are much one could make money at it. must develop an efficient rail system too critical to our economy to be de- Amtrak has survived and has flour- in conjunction with all of our other layed any longer. Unfortunately, the ished in the sense of attracting more transportation needs Republican leadership in Washington and more passengers, and it now has 77 Mr. NADLER. You are obviously continue its long-running failure to percent of the market against the air- completely right, and that is why I fund surface transportation infrastruc- quoted the figures I did earlier in my lines in the Northeast corridor; and, ture programs. remarks. thank God, it saves energy and time While our international competition Prior to 1980, roughly, we used to and congestion, despite the fact that it is investing heavily in transportation spend about 4, 41⁄2 percent of GDP on and infrastructure to move people, has been grossly underfunded by Con- infrastructure. Now, we are spending goods, and services, the leadership of gress. 1.7 percent of GDP on infrastructure. The only section of Amtrak that this House is passing tax cuts for their Of course, we are underinvesting, and makes money is the Northeast corridor wealthy contributors, while Congress our infrastructure is decaying. By in- from Washington to Boston. It sub- sticks their heads in the sand and frastructure, I mean roads, highway, sidizes everything else. There would be passed another continuing resolution. bridges, rail, airports, broadband—you no rail lines outside the Northeast cor- Just a few weeks ago, House Repub- name it. ridor—not to Florida, not to Chicago, China is spending 9 percent of GDP licans passed a bill cutting taxes by not to Denver, not to any place outside on infrastructure. We are competing $269 billion for the richest 1 percent of the Washington to Boston corridor—if with China. We are competing with Americans, with no offsets. But we they had to pay for themselves. other countries. If they can move goods have failed to pass a real transpor- We, the Northeast corridor, subsidize and people more efficiently, that tation reauthorization bill since 2005 the rest of Amtrak. From my point of means their economy is going to be because they can’t find the money. Clearly, this Nation’s transportation view as a New Yorker, I would rather more efficient; their economy is going infrastructure is not a priority for the that weren’t the case; but I am an to be more competitive; they are going Republican leadership in this House. American. I think everybody ought to to be able to sell things more cheaply, Transportation infrastructure fund- have the ability to travel and the abil- generate things more cheaply, and out- ing is absolutely critical to this Nation ity to have an economy that functions, sell us. and so we cross-subsidize. We have to compete in a world econ- and, if properly funded, serves as a tre- It would be better if Congress put omy. We can’t be insulated. If we are mendous economic boost and job cre- money in and other sections of the going to compete in a world economy ator. In fact, the Department of Trans- country could become self-sustaining and have an economy that can gen- portation statistics show that for every in rail, but the fact is the history is erate the jobs, we can only compete if billion dollars that we invest in trans- that is very difficult. we have a transportation system. We portation infrastructure, it creates I am not aware of any rail system or also need an efficient energy system 44,000 permanent jobs, along with $6.2 public transit system in the world that and other things, too, but an efficient billion in economic activity. Mr. Speaker, the traveling public is isn’t publicly subsidized. We subsidize transportation system. We are eating pleading with you to make transpor- every transportation system in this our seed corn. We benefited from prior tation infrastructure a priority. When country. We subsidize the highway; we generations’ investment, and now, we this happens, we can put millions of subsidize the airlines with the air traf- are not doing that investment. fic control, and we do it because we I hear rhetoric on this floor all the hard-working Americans back to work know the country has to move. time that we shouldn’t leave a debt. We fixing our Nation’s crumbling infra- If we want an economy that gen- have to have a balanced budget, and we structure, and preparing our country erates goods and services for people, it shouldn’t leave a debt to our children. for the future. has to move. Freight has to move. It Frankly, I would rather leave a debt In the words of Transportation Sec- has to move by rail. It has to move by to our children if we use that debt to retary Anthony Foxx: ‘‘All of us have a barge, by boat. We have to invest in it. build up the investments in this coun- role to play in shaping our Nation’s in- If Amtrak stops funding the line to try so that there are roads for our chil- frastructure.’’ Florida, that line wouldn’t exist any- dren to travel on, rails to ride on, air- And as we saw during the last tragic more; everything would be on the road. ports to land in, schools to attend. train derailment in Philadelphia, Con- The roads would be more congested; That is an investment. gress urgently needs to increase fund- people would waste more time. The one ing for our Nation’s passenger rail sys- exception to that right now is the b 2030 tems to make them safe for the trav- Northeast corridor. We are willing, be- We have to make a distinction. It is eling public and prevent future trage- cause we are Americans, to participate one thing to waste money or spend it dies on our Nation’s rail system. in a national system, and the rest of on something ephemeral. But to invest Madam COLEMAN, I understand that the country should be willing, too. it so that our children inherit a coun- the gentleman from New Jersey wants Ms. BROWN of Florida. Mr. NADLER, try with a functioning economy and to join us. And as he joins us, I would when I travel to different countries, with assets that we give them that like for him to answer that question, they always ask us about our freight they can use to make a more func- as he makes his remarks, How would rail. We are the caboose when it comes tioning economy, that is worth it. prioritizing Amtrak affect New Jersey?

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.121 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3500 CONGRESSIONAL RECORD — HOUSE May 20, 2015 Mrs. WATSON COLEMAN. Before the There is no doubt that we are falling tinue to move people, goods and serv- gentleman from New Jersey (Mr. behind other nations in the quality of ices. PAYNE) begins, I really think I want to our infrastructure. Long-term invest- Madam, I want to thank you for your share something that I think is very ments in our Nation’s infrastructure leadership in this area. germane to where the gentleman may are essential for achieving economic THIS IS OUR WATCH be going. growth and competitiveness through- Ms. BROWN of Florida. Before you Both of us live on and travel the out the world. close out, I want to mention something Northeast corridor on the train back Yet, Republicans refuse to address about veterans because we are getting and forth to New Jersey, and we depend this very real crisis. This only com- ready to have a recess, and I have to upon an efficient and a safe train ride pounds the problem, costing American thank all of the veterans for their serv- to get us back to our homes and to get jobs and undermining our economy. ice. us back down here to do the people’s We don’t need shortsighted thinking. This morning at 9 a.m. we went over business. We need to stay competitive, boost to the Women’s Memorial Wall. And it I did mention that I lost a con- commerce, invest in economic growth is what we have done for 18 years to stituent because that train was on its and job creation, and protect our com- honor women veterans who have served way to Trenton, and it was letting off munities. These are the benefits of in this country. people in my district, and that train modernizing our Nation’s infrastruc- I want to thank all who have served would have ultimately gone on up to ture. America. We have the freedoms be- Newark and then on to New York. One day after the derailment of Am- cause of their service. I want to, once I know that the Congressman has trak train 188, my Republican col- again, thank them. been tremendously impacted by the leagues voted to cut Amtrak funding. But I must mention the fact that on tragedy that took place, and knowing While the Amtrak investigation re- the 24th of this month, if the House how important it is for us to be able to mains ongoing, we know that slashing does not move, the project in Denver move back and forth efficiently, effec- funding will hamper safety improve- will shut down, and it will cost over $20 tively, and safely in the Northeast cor- ments and upgrades. million to shut down. In addition, it ridor. And I just wanted to sort of pref- We shouldn’t stand in the way of this will be $2 million a month. We are ace the introduction of your coming to wise infrastructure investment. Let’s talking about the VA facility in Den- the microphone with sort of remem- commit to ensuring modern, safe, and ver, Colorado. bering that this is really close to home reliable infrastructure that reflects the Now, we want to blame the VA, but for you and me. greatness of this Nation. this is our watch. The Denver hospital I yield to the gentleman from New And as I go to my seat, I just want has been a political hot potato for over Jersey (Mr. PAYNE.) to, once again, thank the gentlewomen 10 years; different secretaries, different Mr. PAYNE. Mr. Speaker, I thank from Florida and New Jersey respec- administrations. the gentlewoman from Florida and the tively for giving me the opportunity to But the point is, this is our watch, gentlewoman from New Jersey for af- have several moments to discuss what and it is unacceptable that we shut fording me this opportunity to discuss is an issue that impacts the safety, the down this project. One of the slogans of the Army is, a tragedy, as the gentlewoman from productiveness, the competitiveness of ‘‘Failure is not an option.’’ We need to New Jersey stated, that has hit very our Nation and our infrastructure. close to home. Ms. BROWN of Florida. Mr. Speaker, get it done. And the reason I say that is, as stat- I want to talk a little bit more about b 2045 ed by the gentlewoman from New Jer- Amtrak, because I am the past chair We appreciate the service that the sey, the Northeast corridor is the way and ranking member of the Railroads, men and women have provided for our we are able to travel back and forth Pipelines, and Hazardous Materials freedom, but we need to do our part in from our home to Washington, D.C., to Subcommittee, and I think Amtrak is making sure that we take care of them. do the people’s business. And so it is more and more important. I want to paraphrase the comments not uncommon that I could have been As more Americans are turning to of the first President of the United on train 188. I have taken it on numer- rail as their preferred mode of trans- States, George Washington. He said, No ous occasions. portation, Amtrak is building the in- matter how justified we think a war My thoughts and prayers are with frastructure and organization to meet may be, what is important is how we the victims of this horrific Amtrak that demand. treat the veterans. train derailment and their families at Amtrak carried a record total of 31.6 Now, this is our watch. This is our re- this difficult time. million passengers in 2013. Their rider- sponsibility. And we have to make sure I am grateful for the first responders ship has been growing across the sys- that we take care of the veterans. who put themselves in harm’s way to tem for over a decade, with last year’s With that, I want to thank the gen- rescue passengers, and I wish all those ridership being the largest in the his- tlewoman from New Jersey for her injured a full and speedy recovery. tory. leadership and for providing this oppor- This tragedy, as we stated, has hit so Currently, they serve more than 500 tunity to discuss transportation infra- close to home. Sometimes weekly, I destinations in 46 States and provide structure, Amtrak, and also to thank travel, as do many of my constituents the only public transportation option the veterans for their service. and colleagues, on this rail line. I have for millions of people in rural areas. A lot of us talk the talk, but we need taken Amtrak’s 188 and had my wife Let me repeat. Amtrak is the only to walk the walk and roll the roll for and children on that specific train mode of transportation for people in the veterans. leaving here going back home. certain rural areas. Mrs. WATSON COLEMAN. I thank As a Member of Congress, we have a Amtrak has increased their revenue, the gentlewoman from Florida for ev- responsibility to ensure and enhance reduced debt, has new passengers, im- erything that she has brought before us the public safety. proved their infrastructure, and pur- this evening. I thank my colleagues for The derailment of Amtrak train 188 chased trains that are built 100 percent raising the issues regarding the signifi- serves as an important reminder that if in America. That is where those parts cance, the importance of, and the eco- we are to meet this responsibility, we are made, 100 percent in America. nomic benefits, as well as the safety need to invest in our infrastructure. Amtrak reduces congestion and im- and security needs, of an efficient, ef- There is no doubt that our Nation’s proves our energy independence and fective, and safe transportation sys- infrastructure is crumbling. The Amer- plays a vital role in emergency prepa- tem. ican Society of Civil Engineers has ration. I want to also thank the gentle- rated it as a D-plus And I often talk about 9/11. Amtrak woman for reminding us that we are Now, Mr. Speaker, I know all of us was moving. It was the only way people having our Memorial Day holiday, and find education important. If you were could move in this country. And it gives us an opportunity to thank given a D-plus on the work that you do, Katrina. those who have made the ultimate sac- on the quality of your service, what So Amtrak plays a very important rifice to keep us safe and to keep the would that say? part in making sure that we can con- freedoms that we hold so dear.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.122 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 20, 2015 CONGRESSIONAL RECORD — HOUSE H3501 And at the end of this, Mr. Speaker, and improve access to safe, reliable, and af- ican Indian and Alaska Native Culture I want to take this opportunity to sim- fordable transportation alternatives. and Arts Development: ply remind us that the transportation Earlier this year, the President requested Mr. BEN RAY LUJA´ N, New Mexico needs of our community both represent $1.25 billion for TIGER in fiscal year 2016, as f safety and security that we hold very part of an expanded TIGER program that sacred in our communities, but it also would provide $7.5 billion for TIGER over 6 APPOINTMENT OF INDIVIDUALS provides an economic benefit that we years. This expanded TIGER program will cre- TO COMMISSION ON CARE all can benefit from. Irrespective of Re- ate jobs, encourage innovation, and mod- The SPEAKER pro tempore. The publican or Democrat, rural, urban, or ernize transportation infrastructure for the 21st Chair announces the Speaker’s ap- suburban, there is a benefit to a trans- century. pointment, pursuant to section 202(a) portation system that moves people, I sent a letter to the Appropriations Com- of the Veterans Access, Choice, and Ac- goods, and supplies where they are mittee urging full funding of the President’s countability Act of 2014 (Public Law needed. $1.25 billion request for TIGER in FY 2016, 113–146), and the order of the House of I yield back the balance of my time. and a total of 146 Members of Congress January 6, 2015, of the following indi- Ms. MAXINE WATERS of California. Mr. signed my letter. viduals on the part of the House to the Speaker, I thank my colleagues, Congress- Nevertheless, the House Republicans’ Commission on Care: woman BONNIE WATSON COLEMAN and Con- version of the FY 2016 Transportation and Mr. David P. Blom, Columbus, Ohio gresswoman CORRINE BROWN for organizing Housing Appropriations (THUD) bill provides Mr. Darin Selnick, Oceanside, Cali- this Congressional Progressive Caucus Spe- only $100 million for TIGER. That’s an 80 per- fornia cial Order Hour on Transportation Infrastruc- cent cut from FY 2015 and a small fraction of Dr. Toby Cosgrove, Cleveland, Ohio ture Spending. the President’s request. This kind of drastic Last night, the House passed H.R. 2353 to cut in TIGER will needlessly cripple highway f extend the federal surface transportation pro- and transit construction plans that are already APPOINTMENT OF MEMBERS TO grams for two months, through July 31st. If struggling due to the uncertainty surrounding MEXICO-UNITED STATES INTER- these programs had been allowed to expire, the future of the transportation bill. PARLIAMENTARY GROUP all federal transportation funding to states and We need more federal investment in trans- The SPEAKER pro tempore. The local governments would have stopped on portation infrastructure, and we need it now! Chair announces the Speaker’s ap- May 31st, and numerous constructions jobs on That is why I am introducing the TIGER pointment, pursuant to 22 U.S.C. 276h highways, bridges and transit systems could Grants for Job Creation Act. This bill will pro- and the order of the House of January have been cancelled. According to the Amer- vide an emergency supplemental appropriation 6, 2015, of the following Members on the ican Association of State Highway and Trans- totaling $7.5 billion dollars over the next six part of the House to the Mexico-United portation Officials, this needless crisis brought years for job creation through investments in States Interparliamentary Group: uncertainty to 6,000 critical construction transportation infrastructure. This emergency Ms. LINDA T. SA´ NCHEZ, California projects across the country, and left 660,000 supplemental appropriation will fully fund the Mr. GENE GREEN, Texas good-paying construction jobs hanging in the President’s proposal for an expanded TIGER. Mr. POLIS, Colorado balance. Passage of an emergency supplemental ap- Ms. JACKSON LEE, Texas I voted for this bill, but I did so reluctantly propriation will provide funding for TIGER free Mrs. TORRES, California because what we really need is a multi-year from sequestration and without reducing fund- transportation bill that will bring our nation’s ing for other important domestic priorities. It f transportation system into the 21st century. A will also allow states, local governments, and CRIMINAL JUSTICE REFORM multi-year transportation bill with robust fund- transit agencies to begin immediately to plan ing for highway, bridge and transit construction projects and prepare grant applications. Thus, The SPEAKER pro tempore. Under will create thousands of good jobs and provide it will ensure an efficient use of funds and the Speaker’s announced policy of Jan- certainty to states and local governments. timely job creation. uary 6, 2015, the Chair recognizes the Federal investment in our nation’s transpor- I urge all of my colleagues to support the gentleman from Georgia (Mr. JOHNSON) tation system is essential. The American Soci- TIGER Grants for Job Creation Act and fully for 30 minutes. ety of Civil Engineers gave the public infra- fund the President’s request for TIGER, and I Mr. JOHNSON of Georgia. Mr. Speak- structure of the United States a grade of ‘‘D+’’ urge my colleagues to pass a multi-year trans- er, I appear here tonight to talk about in 2013 and estimated that we will need to in- portation bill to bring our highways, bridges police and community relations vest $3.6 trillion by 2020 in order to improve and public transit systems into the 21st cen- throughout our country. The purpose the condition of our infrastructure. tury. of this Special Order is to talk about how the relationship between police Rebuilding our nation’s transportation infra- f structure creates jobs that are desperately and local communities can be repaired. needed throughout the country. The economy HOUR OF MEETING ON TOMORROW Over the last year, we have witnessed is still struggling to recover from the recession. Mr. JODY B. HICE of Georgia (during tensions rise between local law en- The unemployment rate is 5.4 percent nation- the Special Order of Mrs. WATSON forcement officers and local commu- wide and is significantly higher in some minor- COLEMAN). Mr. Speaker, I ask unani- nities. The events we have witnessed ity and disadvantaged communities. Transpor- mous consent that when the House ad- across the country have highlighted tation funding is clearly good for the economy. journs today, it adjourn to meet at 10 the need for mending the strained rela- Congressional Republicans have had a.m. tomorrow. tionships between police and commu- months to prepare a multi-year transportation The SPEAKER pro tempore. Is there nities across the country. bill. Unfortunately, all they did last night is punt objection to the request of the gen- This week, the Judiciary Committee the deadline two months deeper into the crit- tleman from Georgia? in the House held a hearing entitled, ical summer construction season. I urge my There was no objection. Policing Strategies for the 21st Cen- Republican colleagues to work with us over f tury. The purpose of this hearing was the next two months so we can finally pass a to look at how law enforcement is multi-year transportation bill before the July REAPPOINTMENT OF MEMBER TO trained and how it is received in our 31st deadline. BOARD OF TRUSTEES OF THE IN- communities across the country. Congressional Republicans are further jeop- STITUTE OF AMERICAN INDIAN The Senate also held a hearing this ardizing our nation’s transportation system by AND ALASKA NATIVE CULTURE week. Their focus was on the use of slashing funding for TIGER. TIGER—formally AND ARTS DEVELOPMENT body cameras. known as Transportation Investment Gener- The SPEAKER pro tempore. The I applaud my colleagues for holding ating Economic Recovery—is a nationwide Chair announces the Speaker’s re- hearings on criminal justice reform competitive grant program that creates jobs by appointment, pursuant to 20 U.S.C. this week, but I hope that this is just funding investments in transportation infra- 4412, and the order of the House of Jan- the beginning and not the end of the structure by states, local governments, and uary 6, 2015, of the following Member hearings that need to be held on so transit agencies. TIGER funds innovative on the part of the House to the Board many different and very important and projects that generate economic development of Trustees of the Institute of Amer- fundamental issues on the topic of

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.124 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3502 CONGRESSIONAL RECORD — HOUSE May 20, 2015 criminal justice reform. All of these consider that, we consider the fact that enable law enforcement to be most ef- issues scream out for public attention many law enforcement officers are also fective because that is where they get and for new solutions by this Congress. reservists or National Guardsmen or most of their information. There are many conversations that -women, and they have been deployed I will admit that people don’t com- need to be had about the best ways to to war zones. Then they come back to municate with law enforcement as improve policing practices, including their jobs in the Nation, and some- much as they should, and it hurts us ways to curb the use of excessive force, times they could get it twisted in all. The reasons for that are this break- the use of body cameras, and mental terms of what their actual goal and down in trust, which is exacerbated by health evaluations for law enforce- mission should be. the military equipment and by the ment. The list goes on and on. On the streets of America, the mis- military mindset, both of those going I would like to start out by talking sion is not to deploy and to engage the hand in hand. about three of my bills: the Grand Jury enemy and destroy the enemy in close b 2100 Reform Act, the Police Accountability combat. That is not what law enforce- Now, how do we stop it? Act, and the Stop Militarizing Law En- ment officers should be about. And we First, by stopping the flow of that forcement Act. don’t need to let that mindset creep free military equipment onto our Police militarization is an important into law enforcement. streets. We must cap that. I am not subject that President Obama even When you have the experience and here to say that law enforcement weighed in on yesterday with the when you have the equipment and should not have what it needs in order issuance of an executive order that in- when you have inherent biases and to do what it is supposed to do, and corporates my Stop Militarizing Law prejudices that exist in the mindset of that is to protect and serve, but it Enforcement Act. Both my bill and the all Americans, regardless of whether or should not have a pipeline directly be- President’s executive order call for a not it is law enforcement or civilian, tween the Department of Defense and ban on the transfer of certain surplus then you get a situation where your law enforcement which supplies equip- military-grade weaponry and both im- minority communities can then be at ment to law enforcement, leaving out pose strict oversight and transparency severe risk. And that, I am afraid, is the civilian authority to make the de- measures to ensure that the equipment what has occurred in this country be- termination of whether or not the that is transferred is used properly. cause so many of our young people equipment is needed. President Obama’s Law Enforcement have lost confidence in our police de- So that is what the 1033 program Equipment Working Group called for partments and in our law enforcement does. That is what President Obama’s law enforcement agencies to ‘‘embrace community. And that, ladies and gen- executive order, which tracks the lan- a guardian—rather than a warrior— tlemen, is definitely unhealthy. It is guage of the Stop Militarizing Law En- mindset’’ to build trust and legitimacy not good for our democracy. We need to forcement Act, does, and that is to stop both within agencies and with the pub- try to do something to change it. And that flow and return control of the lic. we can’t make effective changes with- process of acquisition of law enforce- This statement is at the very core of out understanding the problem. ment equipment back to the hands of what we need to change in our country. Now some would say that we need a the civilian authority. So that is the Military-grade weapons are made for military solution on the streets of first thing that we need to do. one purpose, and that is to conduct America because the streets have be- Mr. Speaker, the second thing we war. come so lawless, but I would beg to dif- need to do is to ensure good analysis of When we see tanks and grenade fer. I would beg to differ strongly, as a the personnel that we have doing the launchers and this type of equipment matter of fact. We are dealing with law enforcement, because as I said, if being used by police, it enforces a mes- citizens who still need to be protected. you have been to a war zone, the statis- sage that we are at war in the streets By the way, most people in America tics show that many of those who re- of our very own country, the same way are law-abiding citizens. There are turn from the battle suffer from post- that we are at war in the streets of some who become criminals, who stray traumatic stress and other illnesses other countries. This has to change be- and commit criminal acts. Sometimes that affect the mental health of the cause our streets are not war zones, those criminal acts actually place peo- people. So we must take better care of and we should not allow the unbridled ple’s lives at risk. And police and law the mental health of our law enforce- proliferation of military weaponry enforcement are there to make sure ment personnel, having been deployed onto our streets. that we keep people safe. or not. Being involved in law enforce- When we allow our streets to be All people want to be safe and secure ment is very stressful, and sometimes flooded with surplus weaponry from in their homes and walking down the that mental health can break down and the wars in Iraq and Afghanistan, we streets and in doing their business, in people start making bad decisions. So set the stage for a military mindset to their life, work, and play pursuits. All we really must get a handle on that in take hold throughout the law enforce- of us want to be safe, and all of us real- this country. ment community. We should not allow ize that we must have law enforcement Then once we get a handle on the things to get twisted. There is a big enforce the laws. All of us should have militarization, there are some struc- difference between the law enforce- a responsibility to each other to stay tural issues that need to be dealt with. ment mentality and the military within the boundaries of the law, and One is the loss of confidence in the mindset. we are partners in that regard. We, the criminal justice process, i.e., the grand The creed of an Army soldier is to citizens, partner among ourselves; and jury, the secret grand jury process as it ‘‘deploy, engage, and destroy the en- then we must partner with our law en- relates to law enforcement officers, be- emies of the United States of America forcement community to enable law cause what has become clear is that in close combat.’’ enforcement to do the job that we need whenever there has been a killing of a Conversely, the classic police motto them to do. civilian by law enforcement officer, it is ‘‘to protect and serve.’’ So it is a relationship that is built on often results—or it most often re- So when we start flooding our streets trust, and it is built on communication sults—in a finding of justifiable homi- with military-grade weaponry, we start because law enforcement can only be as cide. Indeed, most killings by law en- to allow the creeping in of a different effective in enforcing the law as it is forcement are justifiable; there is no mindset. And when we factor in the with respect to the relationships that question about that. But there is also fact that many of our law enforcement it has among people in the community. no question about the fact that some of officers have actually had to be de- That is why community-oriented po- the killings are unjustifiable. When ployed to war zones during the last 12 licing is so important, to get police of- they are unjustifiable, they need to be or 13 years because the wars in Iraq and ficers involved in the communities dealt with in accordance with the law, Afghanistan have been fought by a vol- within which they serve; for them to which means prosecution. unteer Army, with a healthy dose of get out of the car, go meet people, go The problem that we get with law en- deployment of Reserve and National develop relationships, and start the forcement officers who have acted out- Guard units to the battle—when we flow of dialogue. The citizens are who side of the law and have committed a

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Mr. Speaker, let and the killing was justified, you are form the investigation. That would me thank the distinguished gentleman. certainly justified in not having con- give it a little more sense of being im- Mr. Speaker, how much time is re- fidence in the process by which the partial. maining? finding that the killing was justified Once that impartial investigation The SPEAKER pro tempore. The gen- tleman from Georgia has approxi- was rendered through. Basically I am has concluded, then the matter would be presented to a judge in open court mately 4 minutes remaining. talking about a secret grand jury proc- Ms. JACKSON LEE. Let me thank by a special prosecutor appointed by ess. That is why I filed the Grand Jury the distinguished gentleman from the Governor, who would then be Reform Act, to get at this secret grand Georgia. jury process and to bring transparency charged with presenting that inde- He is right. We serve on the Judici- into the process. pendent investigation to a judge in a ary Committee. He serves with great Now, what usually happens, or what probable cause hearing in open court. distinction as the ranking member on is the course of conduct in a police And that judge could then make a de- the Regulatory Reform, Commercial killing case, is that the killing itself termination of whether or not probable and Antitrust Law Subcommittee, and will be investigated first, and often- cause existed; and if it did or if it did I have the privilege of working and times only by the very law enforce- not, that judge would then issue a writ- serving with him on the Crime, Ter- ment agency that employed the officer ten finding of fact and deliver the case rorism, Homeland Security, and Inves- involved in the incident. So what you back to the local prosecutor who would tigations Subcommittee. have are friends and coworkers inves- then, in accordance with existing State Although we have been working on tigating each other. law, proceed through the secret grand these issues for any number of years, So when that happens, it tends to not jury process or whatever other process he is a practicing lawyer, a graduate of be impartial. It tends to be biased in was available to that district attor- the distinguished Thurgood Marshall favor of the accused. What usually hap- ney—who is elected by the people, by School of Law, which I have the privi- pens is, despite what may be clear the way. lege of representing. We know that we about the facts, the decision always So this probable cause hearing would are now in a significant moment of his- comes down as a justifiable homicide enable there to be some transparency tory, and that is, if I might use lan- by the law enforcement agency that is so that the public would understand, guage that is not particularly legisla- rendering the decision against its own. hear the evidence and see the evidence. tive, we can’t fool around. Then the case goes to the local grand Then there would be accountability There are issues that the American jury or to the local prosecutor, who is that would be established on behalf of public, I believe, want remedies for, well-known and knows well the law en- the people based on what the elected and that is persons who are civilians forcement agents involved who may be prosecutor decided to do with the case. and persons who are law enforcement the subject of the investigation. They So it is hard to hold a local pros- officers. know each other. They work together ecutor accountable after a secret grand b 2115 regularly to bring cases before the jury process, and the only thing you The police accountability hearing grand jury. can rely upon is the earnest presen- that we just held, Mr. Speaker, held in So when an officer is brought before tation in a press conference by the front of the Judiciary Committee on the grand jury, often that officer is prosecutor that we did our best, we Tuesday—and we thanked Chairman known to and by the district attorney. presented the evidence, and the grand GOODLATTE and we thanked Ranking And even if not known, the fact that jury came back finding that the killing Member CONYERS for heeding our they are law enforcement gives them was justified. voices asking for this hearing. It was a an inherent benefit; it gives them We need more than that. We saw that hearing of information, but I think it credibility; it gives them an edge, a in the case of Michael Brown in Fer- did evidence that there is a divide that positive edge, with the prosecution. guson where they did release the grand must be bridged. So the prosecutor then takes the in- jury transcripts, and you could see Today, I stand on the floor to ac- vestigation by the law enforcement where the evidence, a boatload or a knowledge and honor, Mr. Johnson, a agency that knows and loves the offi- truckload, a dump truck of evidence fallen officer in my district. None of us cer, takes that investigation before a was just dumped on the confused grand want to consent to actions against law grand jury in a secret proceeding. No jury members who were charged on a enforcement officers in the line of duty one is in there from the public to un- law that was not even applicable, given protecting our communities and our derstand the quality of the evidence bad law upon which to decide the case. Nation. being presented, whether or not there So we saw what happened in the At the same time, I believe that we is any evidence being presented. We grand jury proceeding in that case, and have the opportunity to confront seri- have to just simply rely on the result that, ladies and gentlemen, is not the ous issues developing a roadmap for that comes out of the grand jury pro- only time I am sure that there has better police community relations. In ceeding because the grand jury pro- been abuse within the grand jury room. addition to the legislation that I know ceedings are secret by law. Nothing But we will never know because it is Mr. JOHNSON has already elaborated that happens inside can be revealed. secret. on—and I support him in his efforts— So it is a process that usually results Lastly, I have filed a bill which is we will be looking at legislation that in what we all are awaiting, and that is called the Police Accountability Act. deals with holding the standard matrix an exoneration of the police officer de- What it would do would be to provide to provide a roadmap of training for spite the clear evidence to the con- another tool for Federal prosecutors to police officers and law enforcement of- trary. Once you have that determina- be able to prosecute law enforcement ficers from deescalation, to ideas of tion, it is a closed case. So when you officers for the offense of murder and interaction with community, profes- have that happening repeatedly over all of the lesser included offenses sional training, educational training. and over again over the course of time, should it appear that the process with- We will also, hopefully, pass the it erodes public confidence in the in the State did not work. CADET bill, which talks about gath- criminal justice process. So those three bills I have discussed. ering the appropriate data related to So my legislation, the Grand Jury Now I see my colleague has arrived, excessive force being used by civilians Reform Act, would simply mandate SHEILA JACKSON LEE, who, out of Hous- or police officers and using that mate- that whenever there is a killing during ton, Texas, has ascended to the top rial to be able to formulate the right the course of a policeman’s use of his spot, the ranking membership on the kind of approach to protect all.

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.127 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3504 CONGRESSIONAL RECORD — HOUSE May 20, 2015 In addition, I just introduced today The Clerk read the title of the con- under its previous order, the House ad- the Private Prison Information Act, current resolution. journed until Thursday, May 21, 2015, which indicates that the same require- The SPEAKER pro tempore. Is there at 10 a.m. ments for the Federal prison system objection to the request of the gen- f should be for the private, nonpublic tleman from Texas? EXECUTIVE COMMUNICATIONS, prison system providing reports of in- There was no objection. ETC. juries or behavior that should be re- The text of the concurrent resolution ported, and we hope that bill will move is as follows: Under clause 2 of rule XIV, executive quickly. H. CON. RES. 47 communications were taken from the Speaker’s table and referred as follows: We have also introduced a good time, Resolved by the House of Representatives (the early release bill that argues for the Senate concurring), That in the enrollment of 1529. A letter from the Chief Financial Offi- early release dealing with incarcerated S. 178, an Act to provide justice for the vic- cer, Department of Energy, transmitting a persons responding to mass incarcer- tims of trafficking, the Secretary of the Sen- report of a violation of the Antideficiency Act, as required by 31 U.S.C. 1351; to the ation, which we believe is very impor- ate shall— (1) in section 702(b)(2), insert ‘‘pilot pro- Committee on Appropriations. tant. This deals with a certain age. 1530. A letter from the Secretary, Depart- gram’’ after ‘‘identified by the’’; and I am also introducing, Mr. JOHNSON, a ment of Defense, transmitting a letter on the (2) strike section 1002 and insert the fol- approved retirement of Admiral Samuel J. bill that indicates 1 day for 1 day; if lowing: you have 54 days of good time, then Locklear III, United States Navy, and his ad- SEC. 1002. PROTECTIONS FOR HUMAN TRAF- vancement to the grade of Admiral on the re- you get 54 days. Now, it is not the case. FICKING SURVIVORS. Let me just say this, as I yield back tired list; to the Committee on Armed Serv- Section 1701(c) of title I of the Omnibus ices. to you, we will not pass legislation un- Crime Control and Safe Streets Act of 1968 1531. A letter from the Under Secretary, less we can all understand each other’s (42 U.S.C. 3796dd(c)), as amended by section Personnel and Readiness, Department of De- pain. The horrific pain of losing law en- 601 of this Act, is amended— fense, transmitting a letter on the approved forcement officers and them not going (1) in paragraph (1), by striking ‘‘or’’ at the retirement of Lieutenant General Charles T. home to their families, I mourn—the end; Cleveland, United States Army, and his ad- (2) in paragraph (2)(C), by striking the pe- vancement to the grade of lieutenant general horrific pain of a Michael Brown or riod at the end and inserting ‘‘; or’’; and Eric Garner and a Tamir Rice and a on the retired list; to the Committee on (3) by inserting after paragraph (2) the fol- Armed Services. Walter Scott and any number of oth- lowing: 1532. A letter from the Chief Counsel, ers—and, of course, Freddie Gray. ‘‘(3) from an applicant in a State that has FEMA, Department of Homeland Security, What we need to do is, in under- in effect a law— transmitting the Department’s final rule — standing that pain, not be accusatory ‘‘(A) that— Suspension of Community Eligibility; Iowa: and get bills before the Judiciary Com- ‘‘(i) provides a process by which an indi- Buchanan County, Unincorporated Areas mittee to make our system the best vidual who is a human trafficking survivor [Docket ID: FEMA-2015-0001] [Internal Agen- can move to vacate any arrest or conviction cy Docket No.: FEMA-8383] received May 19, justice system in the world. That is records for a non-violent offense committed what I would like to see happen. I 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the as a direct result of human trafficking, in- Committee on Financial Services. know that you, as a practicing lawyer cluding prostitution or lewdness; 1533. A letter from the General Counsel, and who have addressed these issues, ‘‘(ii) establishes a rebuttable presumption Pension Benefit Guaranty Corporation, would like to see that happen as well. that any arrest or conviction of an indi- transmitting the Corporation’s final rule — I would like to join you on the floor vidual for an offense associated with human Benefits Payable in Terminated Single-Em- over and over again for these kinds of trafficking is a result of being trafficked, if ployer Plans; Interest Assumptions for Pay- Special Orders, to speak to our col- the individual— ing Benefits received May 19, 2015, pursuant ‘‘(I) is a person granted nonimmigrant sta- leagues about getting something done, to 5 U.S.C. 801(a)(1)(A); to the Committee on tus pursuant to section 101(a)(15) (T)(i) of the Education and the Workforce. passing comprehensive criminal re- Immigration and Nationality Act (8 U.S.C. 1534. A letter from the Secretary, Depart- form, getting it done to answer the 1101(a)(15)(T)(i)); ment of Commerce, transmitting a report pain of all Americans. ‘‘(II) is the subject of a certification by the prepared by the Department of Commerce’s We honor those who have lost their Secretary of Health and Human Services Bureau of Industry and Security on the na- lives, and we honor the men and under section 107(b)(1)(E) of the Trafficking tional emergency declared by Executive women in uniform who wear the uni- Victims Protection Act of 2000 (22 U.S.C. Order 13222 of August 17, 2001 and continued form on our behalf, to be able to walk 7105(b)(1)(E)); or through August 7, 2014, to deal with the ‘‘(III) has other similar documentation of threat to the national security, foreign pol- alongside us in dignity. trafficking, which has been issued by a Fed- icy, and economy of the United States Mr. JOHNSON of Georgia. Mr. Speak- eral, State, or local agency; and caused by the lapse of the Export Adminis- er, I yield back the balance of my time. ‘‘(iii) protects the identity of individuals tration Act of 1979, consistent with Sec. f who are human trafficking survivors in pub- 204(c) of the International Emergency Eco- lic and court records; and nomic Powers Act (50 U.S.C. 1703(c)), Sec. RECESS ‘‘(B) that does not require an individual 401(c) of the National Emergencies Act (50 The SPEAKER pro tempore. Pursu- who is a human trafficking survivor to pro- U.S.C. 1641(c)), and Sec. 1(d) of Executive ant to clause 12(a) of rule I, the Chair vide official documentation as described in Order 13313 of July 31, 2003; to the Committee subclause (I), (II), or (III) of subparagraph on Foreign Affairs. declares the House in recess subject to (A)(ii) in order to receive protection under 1535. A letter from the Assistant Secretary the call of the Chair. the law.’’. for Legislative Affairs, Department of State, Accordingly (at 9 o’clock and 20 min- The concurrent resolution was agreed transmitting a report on gifts given by the utes p.m.), the House stood in recess. United States to foreign individuals in FY to. 2014, pursuant to 22 U.S.C.A. Sec. 2694; to the f A motion to reconsider was laid on Committee on Foreign Affairs. b 2200 the table. 1536. A letter from the Assistant Secretary, f Legislative Affairs, Department of State, AFTER RECESS transmitting a letter regarding commit- The recess having expired, the House LEAVE OF ABSENCE ments in the Joint Plan of Action, pursuant was called to order by the Speaker pro By unanimous consent, leave of ab- to the Iran Freedom and Counter-Prolifera- tion Act of 2012, the Iran Sanctions Act of tempore (Mr. CURBELO of Florida) at 10 sence was granted to: 1996, and Sec. 1245 of the National Defense p.m. Mr. COHEN (at the request of Ms. Authorization Act for Fiscal Year 2012; to f PELOSI) for May 18 for the first vote. the Committee on Foreign Affairs. f 1537. A letter from the Assistant Secretary, TO CORRECT THE ENROLLMENT Legislative Affairs, Department of State, OF S. 178 ADJOURNMENT transmitting a certification, pursuant to Mr. POE of Texas. Mr. Speaker, I Mr. POE of Texas. Mr. Speaker, I Sec. 3(d) of the Arms Export Control Act, Transmittal No.: DDTC 15-004; to the Com- send to the desk a concurrent resolu- move that the House do now adjourn. mittee on Foreign Affairs. tion and ask unanimous consent for its The motion was agreed to; accord- 1538. A letter from the Assistant Secretary, immediate consideration in the House. ingly (at 10 o’clock and 1 minute p.m.), Legislative Affairs, Department of State,

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transmitting a certification, pursuant to H.R. 2461. A bill to amend title XVIII of the JOHNSON of Georgia, Mr. NADLER, Mr. Sec. 36(c) of the Arms Export Control Act, Social Security Act to improve access to, COHEN, Ms. LOFGREN, Mr. LEWIS, Mr. Transmittal No.: DDTC 15-036; to the Com- and utilization of, bone mass measurement RANGEL, Mr. DANNY K. DAVIS of Illi- mittee on Foreign Affairs. benefits under part B of the Medicare pro- nois, Mr. CLAY, Mr. CUMMINGS, and 1539. A letter from the Assistant Secretary, gram by establishing a minimum payment Mr. CONYERS): Legislative Affairs, Department of State, amount under such part for bone mass meas- H.R. 2470. A bill to require non-Federal transmitting a certification, pursuant to urement; to the Committee on Energy and prisons and detention facilities holding Fed- Sec. 36(c) of the Arms Export Control Act, Commerce, and in addition to the Committee eral prisoners under a contract with the Fed- Transmittal No.: DDTC 15-020; to the Com- on Ways and Means, for a period to be subse- eral Government to make available to the mittee on Foreign Affairs. quently determined by the Speaker, in each public the same information pertaining to 1540. A letter from the Assistant Secretary, case for consideration of such provisions as facility operations and to prisoners held in Legislative Affairs, Department of State, fall within the jurisdiction of the committee such facilities that Federal prisons and de- transmitting a certification, pursuant to concerned. tention facilities are required to make avail- Sec. 36(c) of the Arms Export Control Act, By Mr. DEFAZIO (for himself and Ms. able; to the Committee on the Judiciary. Transmittal No.: DDTC 14-144; to the Com- SLAUGHTER): By Mr. BRADY of Texas: mittee on Foreign Affairs. H.R. 2462. A bill to restore the application H.R. 2471. A bill to cap noninterest Federal 1541. A letter from the Assistant Secretary, of the Federal antitrust laws to the business Spending as a percentage of potential GDP Legislative Affairs, Department of State, of health insurance to protect competition to right-size the government, grow the econ- transmitting a certification, pursuant to and consumers; to the Committee on the Ju- omy, and balance the budget; to the Com- Sec. 36(c) of the Arms Export Control Act, diciary. mittee on the Budget, and in addition to the Transmittal No.: DDTC 14-145; to the Com- By Mr. BERA (for himself and Mr. ROE Committee on Rules, for a period to be sub- mittee on Foreign Affairs. of Tennessee): sequently determined by the Speaker, in 1542. A letter from the Assistant Secretary, H.R. 2463. A bill to authorize the Attorney each case for consideration of such provi- Legislative Affairs, Department of State, General to provide grants for drug disposal sions as fall within the jurisdiction of the transmitting a certification, pursuant to sites; to the Committee on Energy and Com- committee concerned. Sec. 36(c) of the Arms Export Control Act, merce, and in addition to the Committee on By Mr. CLAY (for himself and Mr. Transmittal No.: DDTC 15-003; to the Com- the Judiciary, for a period to be subse- GRAVES of Missouri): mittee on Foreign Affairs. quently determined by the Speaker, in each H.R. 2472. A bill to amend the Public 1543. A letter from the Assistant Secretary, case for consideration of such provisions as Health Service Act to establish a National Legislative Affairs, Department of State, fall within the jurisdiction of the committee Organ and Tissue Donor Registry Resource transmitting a certification, pursuant to concerned. Center, to authorize grants for State organ Sec. 36(c) of the Arms Export Control Act, By Mr. BENISHEK (for himself and Ms. and tissue donor registries, and for other Transmittal No.: DDTC 15-007; to the Com- SINEMA): purposes; to the Committee on Energy and mittee on Foreign Affairs. H.R. 2464. A bill to amend title 38, United Commerce. 1544. A letter from the Executive Analyst, States Code, to improve the accountability By Mr. CLAY (for himself and Mr. of the Secretary of Veterans Affairs to the Department of Health and Human Services, NEUGEBAUER): Inspector General of the Department of Vet- transmitting a report pursuant to the Fed- H.R. 2473. A bill to include credit unions as erans Affairs; to the Committee on Veterans’ eral Vacancies Reform Act of 1998, Pub. L. community financial institutions under the Affairs. 105-277; to the Committee on Oversight and Federal Home Loan Bank Act; to the Com- By Mr. JOLLY (for himself and Mr. Government Reform. mittee on Financial Services. LOEBSACK): 1545. A letter from the Assistant General By Ms. DELAURO (for herself, Mr. H.R. 2465. A bill to amend title 38, United Counsel, General Law, Ethics, and Regula- WELCH, Mr. COURTNEY, Ms. MAXINE States Code, to make certain improvements tion, Department of the Treasury, transmit- WATERS of California, Mr. ELLISON, to the monthly housing stipend payable ting two reports pursuant to the Federal Va- Mr. MCGOVERN, Ms. NORTON, Ms. under the Post-9/11 Educational Assistance cancies Reform Act of 1998, Pub. L. 105-277; to SCHAKOWSKY, Ms. SLAUGHTER, and Program of the Department of Veterans Af- the Committee on Oversight and Govern- Mr. HASTINGS): fairs; to the Committee on Veterans’ Affairs. ment Reform. H.R. 2474. A bill to require the Commodity 1546. A letter from the Federal Liaison Of- By Mr. ROONEY of Florida: H.R. 2466. A bill to require the President to Futures Trading Commission to impose fees ficer, Patent and Trademark Office, Depart- submit a plan for resolving all outstanding and assessments to recover the cost of appro- ment of Commerce, transmitting the Depart- claims relating to property confiscated by priations to the Commission; to the Com- ment’s final rule — Amendments to the the Government of Cuba before taking action mittee on Agriculture. Rules of Practice for Trials Before the Pat- to ease restrictions on travel to or trade By Mr. FINCHER (for himself and Mr. ent Trial and Appeal Board [Docket No.: with Cuba, and for other purposes; to the HECK of Washington): PTO-P-2015-0032] (RIN: 0651-AD00) received Committee on Foreign Affairs. H.R. 2475. A bill to provide for a one-year May 19, 2015, pursuant to 5 U.S.C. By Mr. PEARCE (for himself, Mrs. extension of the extended period of protec- 801(a)(1)(A); to the Committee on the Judici- LUMMIS, Mr. LAMBORN, Mr. GOSAR, tions for members of uniformed services re- ary. Mr. HUDSON, Mr. SCHWEIKERT, Mr. lating to mortgages, mortgage foreclosure, 1547. A letter from the Administrator, Fed- LAMALFA, Mr. NEUGEBAUER, Mr. and eviction under the Servicemembers Civil eral Aviation Administration, Department of WENSTRUP, Mr. POSEY, Mr. BROOKS of Relief Act; to the Committee on Veterans’ Transportation, transmitting a report on As- Alabama, Mr. FLEMING, and Mr. Affairs. sistance Provided to Foreign Aviation Au- STEWART): By Mr. HECK of Nevada: thorities for FY 2014, pursuant to 49 U.S.C. H.R. 2467. A bill to clarify that the Sec- H.R. 2476. A bill to amend title XVIII of the 40113(e)(4) and the FAA Modernization and retary of Homeland Security may undertake Social Security Act to facilitate the transi- Reform Act of 2012, Pub. L. 112-95; to the law enforcement and border security activi- tion to Medicare for individuals enrolled in Committee on Transportation and Infra- ties within the Organ Mountains-Desert group health plans, to establish a 3-month structure. Peaks National Monument, and for other open enrollment period under Medicare Ad- 1548. A letter from the Administrator, Fed- purposes; to the Committee on Natural Re- vantage, and for other purposes; to the Com- eral Aviation Administration, Department of sources. mittee on Ways and Means, and in addition Transportation, transmitting a report on As- By Mr. RUSH: to the Committee on Energy and Commerce, sistance Provided to Foreign Aviation Au- H.R. 2468. A bill to improve minority inclu- for a period to be subsequently determined thorities for FY 2013, pursuant to 49 U.S.C. sion in clinical trials; to the Committee on by the Speaker, in each case for consider- 40113(e)(4) and Sec. 207 of the FAA Mod- Energy and Commerce. ation of such provisions as fall within the ju- ernization and Reform Act of 2012, Pub. L. By Mr. BLUMENAUER (for himself, risdiction of the committee concerned. 112-95; to the Committee on Transportation Ms. BONAMICI, and Mr. DEFAZIO): By Mr. ISSA (for himself, Mr. and Infrastructure. H.R. 2469. A bill to amend the Federal MCHENRY, Mr. HULTGREN, Mr. BLUM, f Water Pollution Control Act to establish Mr. SCHWEIKERT, Mr. ABRAHAM, Mr. within the Environmental Protection Agen- POLIS, Mr. QUIGLEY, Mrs. CAROLYN B. PUBLIC BILLS AND RESOLUTIONS cy a Columbia River Basin Restoration Pro- MALONEY of New York, Mr. ELLISON, Under clause 2 of rule XII, public gram; to the Committee on Transportation Mr. DELANEY, and Mr. ROYCE): bills and resolutions of the following and Infrastructure, and in addition to the H.R. 2477. A bill to amend securities, com- Committee on the Budget, for a period to be modities, and banking laws to make the in- titles were introduced and severally re- subsequently determined by the Speaker, in formation reported to financial regulatory ferred, as follows: each case for consideration of such provi- agencies electronically searchable, and for By Mr. BURGESS (for himself, Mr. sions as fall within the jurisdiction of the other purposes; to the Committee on Finan- LARSON of Connecticut, Mrs. BLACK- committee concerned. cial Services, and in addition to the Com- BURN, and Ms. LINDA T. SA´ NCHEZ of By Ms. JACKSON LEE (for herself, Mr. mittee on Agriculture, for a period to be sub- California): RUSH, Mr. SCOTT of Virginia, Mr. sequently determined by the Speaker, in

VerDate Sep 11 2014 06:19 May 21, 2015 Jkt 049060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\L20MY7.000 H20MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H3506 CONGRESSIONAL RECORD — HOUSE May 20, 2015 each case for consideration of such provi- By Mr. GRAYSON (for himself, Mr. CONSTITUTIONAL AUTHORITY sions as fall within the jurisdiction of the ISRAEL, Mr. RUSH, and Mr. LIPINSKI): STATEMENT committee concerned. H. Res. 279. A resolution urging respect for By Mr. SAM JOHNSON of Texas: freedom of expression and human rights in Pursuant to clause 7 of rule XII of H.R. 2478. A bill to amend the Internal Rev- Turkey; to the Committee on Foreign Af- the Rules of the House of Representa- enue Code of 1986 to require that ITIN appli- fairs. tives, the following statements are sub- cants submit their application in person at mitted regarding the specific powers taxpayer assistance centers, and for other f granted to Congress in the Constitu- purposes; to the Committee on Ways and tion to enact the accompanying bill or Means. MEMORIALS joint resolution. By Mr. LONG: H.R. 2479. A bill to amend the Federal Under clause 3 of rule XII, memorials By Mr. BURGESS: Food, Drug, and Cosmetic Act to provide for were presented and referred as follows: H.R. 2461. Congress has the power to enact this legis- the issuance of up-to-date regulations and 28. The SPEAKER presented a memorial of guidance applying to the dissemination by lation pursuant to the following: the Legislature of the State of Washington, This bill is enacted pursuant to Congress’ means of the Internet of information about relative to Senate Joint Memorial No. 8008, medical products; to the Committee on En- legislative powers under Article I, Section 8, asking the Congress to support the Conver- of the Constitution. Under this provision, ergy and Commerce. sion of the 81st Armored Brigade Combat By Mr. BEN RAY LUJA´ N of New Mex- Congress has the authority to regulate Team of the Washington National Guard into ‘‘commerce among the several states’’ and ico (for himself, Ms. MICHELLE LUJAN a Stryker Brigade Combat Team with bri- GRISHAM of New Mexico, and Mr. ‘‘To lay and collect Taxes, Duties, Imposts gade units stationed in Washington, Oregon, and Excises.’’ PEARCE): and California; to the Committee on Armed H.R. 2480. A bill to increase research, edu- By Mr. DEFAZIO: Services. cation, and treatment for cerebral cavernous H.R. 2462. 29. Also, a memorial of the House of Rep- malformations; to the Committee on Energy Congress has the power to enact this legis- resentatives of the State of Michigan, rel- and Commerce. lation pursuant to the following: ative to House Resolution No. 29, memori- By Mr. MEEHAN (for himself and Mr. Article I, Section 8, Clause 18 (relating to alizing the Congress to require the Depart- HOLDING): the power to make all laws necessary and ment of Defense to ensure that replacement H.R. 2481. A bill to amend the Internal Rev- proper for carrying out the powers vested in aircraft are assigned to Selfridge Air Na- enue Code of 1986 to make certain contract Congress), and Article IV, Section 3, Clause 2 tional Guard Base to compensate for the pro- research eligible for the research credit; to (relating to the power of Congress to dispose posed elimination of the A-10 fleet; to the the Committee on Ways and Means. of and make all needful rules and regulations Committee on Armed Services. By Mr. PAULSEN: respecting the territory or other property H.R. 2482. A bill to amend the Low-Income 30. Also, a memorial of the Legislature of belonging to the United States). Housing Preservation and Resident Home- the State of Florida, relative to Senate Me- By Mr. BERA: ownership Act of 1990; to the Committee on morial 866, expressing profound disagreement H.R. 2463. Financial Services. with the decision of the President of the Congress has the power to enact this legis- By Mr. PAULSEN: United States to restore full diplomatic rela- lation pursuant to the following: H.R. 2483. A bill to amend the Internal Rev- tions with Cuba; to the Committee on For- Article 1, section 8 of the Constitution of enue Code of 1986 to provide standards for de- eign Affairs. the United States. termining employment status, and for other 31. Also, a memorial of the Legislature of By Mr. BENISHEK: purposes; to the Committee on Ways and the State of Wyoming, relative to House En- H.R. 2464. Means. rolled Joint Resolution No. 3, requesting the Congress has the power to enact this legis- By Mr. ROHRABACHER (for himself, Congress and federal agencies to adequately lation pursuant to the following: fund and support all efforts to manage free- Mr. CONAWAY, Mr. GOHMERT, Mr. Article I, Section 8, of the United States roaming feral horses on rangelands in the JONES, Mr. DESJARLAIS, Mr. ZINKE, Constitution. West at the appropriate management level, Mr. SAM JOHNSON of Texas, Mr. CAR- By Mr. JOLLY: utilizing all management and control meth- TER of Georgia, Mr. KING of Iowa, Mr. H.R. 2465. ods authorized by Sec. 3(d) of the Wild Free- GOSAR, and Mr. OLSON): Congress has the power to enact this legis- H.R. 2484. A bill to amend the Immigration Roaming Horses and Burros Act; to the Com- lation pursuant to the following: and Nationality Act to provide that certain mittee on Natural Resources. Article I, Section 8 of the United States aliens who are pregnant are ineligible to re- 32. Also, a memorial of the House of Rep- Constitution. ceive visas and ineligible to be admitted to resentatives of the State of Maine, relative By Mr. ROONEY of Florida: the United States, and for other purposes; to to Joint Resolution 933, requesting the Presi- H.R. 2466. the Committee on the Judiciary. dent and the Congress to direct the U.S. Fish Congress has the power to enact this legis- By Mrs. TORRES (for herself, Mrs. and Wildlife Service and the National Marine lation pursuant to the following: BUSTOS, and Mrs. NAPOLITANO): Fisheries Service to expand hatchery oper- Article 1 section 8—to regulate commerce H.R. 2485. A bill to establish in the Depart- ations to rivers in Maine by partnering with with foreign nations, among the several ment of the Treasury an infrastructure ac- the State and with the many non-govern- states with the Indian tribes. celerator program to facilitate investments ment organizations that are focused on re- By Mr. PEARCE: in and financing of certain infrastructure storing Atlantic salmon to their historic H.R. 2467. projects, and for other purposes; to the Com- natal rivers; to the Committee on Natural Congress has the power to enact this legis- mittee on Transportation and Infrastruc- Resources. lation pursuant to the following: ture. 33. Also, a memorial of the Legislature of Article 4, Section 3, Clause 2 of the Con- By Mr. WELCH (for himself and Mr. the State of Wyoming, relative to House En- stitution of the United States grants Con- GUTIE´ RREZ): rolled Joint Resolution 5, requesting Con- gress the power to enact this law. H.R. 2486. A bill to amend the Internal Rev- gress to amend the United States Constitu- By Mr. RUSH: enue Code of 1986 to disallow deductions for tion to authorize congressional votes to ap- H.R. 2468. the payment of compensatory and punitive prove or disapprove proposed federal regula- Congress has the power to enact this legis- damages to a government, and for other pur- tions; to the Committee on the Judiciary. lation pursuant to the following: poses; to the Committee on Ways and Means. 34. Also, a memorial of the Legislature of Article I, Section 8 of the United States By Mr. BRAT: the State of Washington, relative to Senate Constitution. H.J. Res. 55. A joint resolution proposing a Joint Memorial No. 8013, requesting Congress By Mr. BLUMENAUER: balanced budget amendment to the Constitu- expedite appropriation of funds to signifi- H.R. 2469. tion of the United States; to the Committee cantly enhance monitoring and prevention Congress has the power to enact this legis- on the Judiciary. efforts and to implement the intent of the lation pursuant to the following: By Mr. POE of Texas: Water Resources Reform and Development The Constitution of the United States pro- H. Con. Res. 47. Concurrent resolution to Act; to the Committee on Transportation vides clear authority for Congress to pass correct the enrollment of S. 178; considered and Infrastructure. legislation to provide for the general welfare and agreed to. 35. Also, a memorial of the Legislature of of the United States. Article I of the Con- By Mr. MILLER of Florida (for himself the State of Wyoming, relative to House En- stitution, in detailing Congressional author- and Ms. BROWN of Florida): rolled Joint Resolution No. 2, urging Con- ity, provides that ‘‘Congress shall have H. Con. Res. 48. Concurrent resolution au- gress to lift the freeze on longer commercial Power to provide for the . . . general Welfare thorizing the use of Emancipation Hall in vehicles for the affected Western states in of the United States. . . . ’’ This legislation the Capitol Visitor Center for a ceremony to order to take advantage of new transpor- is introduced pursuant to that grant of au- commemorate the 50th anniversary of the tation strategies to improve highway effi- thority. Vietnam War; to the Committee on House ciency; to the Committee on Transportation By Ms. JACKSON LEE: Administration. and Infrastructure. H.R. 2470.

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Congress has the power to enact this legis- By Mr. ROHRABACHER: H.R. 915: Mr. SCHIFF. lation pursuant to the following: H.R. 2484. H.R. 921: Mr. AMODEI, Mr. HONDA, Mr. This bill is enacted pursuant to the power Congress has the power to enact this legis- WALZ, Mr. POCAN, and Mr. ROKITA. granted to Congress under Article I, Section lation pursuant to the following: H.R. 923: Mr. PALMER. 8, Clauses 1 and 18 of the United States Con- Article 1, Section 8, Clause 4 of the Con- H.R. 985: Mr. GOODLATTE and Mr. BOST. stitution. stitution of the United States H.R. 986: Mr. BARTON, Mr. DESJARLAIS, and By Mr. BRADY of Texas: By Mrs. TORRES: Mr. MARINO. H.R. 2471. H.R. 2485. H.R. 995: Ms. CLARK of Massachusetts. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1002: Mr. GROTHMAN and Mr. VIS- lation pursuant to the following: lation pursuant to the following: CLOSKY. Article I, Section 8 of the U.S. Constitu- Article 1, Section 8 H.R. 1019: Mr. ISRAEL, Mr. DEUTCH, Mr. tion, which gives Congress the authority to By Mr. WELCH: CONYERS, and Mr. SENSENBRENNER. borrow money on the credit of the United H.R. 2486. H.R. 1027: Mr. MCGOVERN and Ms. SCHA- States. Congress has the power to enact this legis- KOWSKY. By Mr. CLAY: lation pursuant to the following: H.R. 1057: Mr. JOYCE. H.R. 2472. Article 1, Section 8, Clause 18: The Con- H.R. 1062: Mr. SMITH of Missouri and Ms. Congress has the power to enact this legis- gress shall have Power To . . . make all ESTY. lation pursuant to the following: Laws which shall be necessary and proper for H.R. 1096: Mr. WITTMAN. Article 1, Section 8 carrying into Execution the foregoing Pow- H.R. 1101: Mr. PERLMUTTER and Mr. KIL- By Mr. CLAY: ers, and all other Powers vested by this Con- MER. H.R. 2473. stitution in the Government of the United H.R. 1190: Mr. BRADY of Texas, Mr. BOST, Congress has the power to enact this legis- States, or in any Department or Officer and Mr. LAUDERMILK. lation pursuant to the following: thereof. H.R. 1211: Mr. VAN HOLLEN. Commerce Clause Article I, Section 8 By Mr. BRAT: H.R. 1233: Mr. NUGENT, Mr. POE of Texas, By Ms. DELAURO: H.J. Res. 55. Mr. HURT of Virginia, Mr. ROUZER, Mr. LONG, H.R. 2474. Mr. YOHO, and Mrs. BLACK. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: H.R. 1247: Mr. WITTMAN. lation pursuant to the following: H.R. 1266: Mr. ASHFORD. Article I, Section 8, Clauses 3 and 18 of the Article V of the Constitution states that H.R. 1289: Mr. SWALWELL of California and United States Constitution ‘‘The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Mr. MCGOVERN. By Mr. FINCHER: H.R. 1299: Mr. SABIN, Mr. SMITH of Mis- H.R. 2475. Amendments to this Constitution . . .’’ This souri, Mr. PALMER, and Mr. WITTMAN. Congress has the power to enact this legis- joint resolution is submitted for Congress to H.R. 1300: Mr. GALLEGO. lation pursuant to the following: consider whether it is necessary to amend H.R. 1301: Mr. HINOJOSA. Article I, Section 8 the Constitution to include it. H.R. 1309: Mr. NUGENT, Mr. YOHO, and Mr. By Mr. HECK of Nevada: f BUCSHON. H.R. 2476. H.R. 1331: Mr. TAKANO. Congress has the power to enact this legis- ADDITIONAL SPONSORS H.R. 1344: Mr. RIGELL. lation pursuant to the following: H.R. 1378: Mr. BEN RAY LUJA´ N of New Mex- Article I, Section VIII: ‘‘The Congress shall Under clause 7 of rule XII, sponsors ico and Mr. LYNCH. have Power to regulate Commerce with for- were added to public bills and resolu- H.R. 1389: Mr. FLEISCHMANN, Mr. NUGENT, eign Nations, and among the several States.’’ tions, as follows: and Mr. JOLLY. By Mr. ISSA: H.R. 156: Mr. HOLDING. H.R. 2477. H.R. 1399: Mr. MEEKS. H.R. 160: Mr. CAPUANO. H.R. 1427: Mr. LANGEVIN and Mr. Congress has the power to enact this legis- H.R. 167: Mr. PALAZZO. lation pursuant to the following: LOWENTHAL. H.R. 232: Mr. PASCRELL. H.R. 1462: Mr. PIERLUISI and Mrs. BLACK. Article I, Section 8 Clause 3 H.R. 271: Mrs. BLACK, Mrs. NAPOLITANO, The Congress shall have power to regulate H.R. 1475: Ms. EDWARDS. and Mr. TAKANO. H.R. 1486: Mr. YOUNG of Iowa and Mr. CREN- commerce with foreign nations, and among H.R. 356: Mr. CARNEY. the several states, and with the Indian SHAW. H.R. 358: Mr. NOLAN. H.R. 1555: Mr. PALAZZO, Mrs. MCMORRIS tribes. H.R. 381: Mr. POCAN, Ms. BASS, and Ms. By Mr. SAM JOHNSON of Texas: RODGERS, and Mr. SIMPSON. LOFGREN. H.R. 1567: Mr. DOLD and Ms. JACKSON LEE. H.R. 2478. H.R. 425: Mr. SARBANES. Congress has the power to enact this legis- H.R. 1568: Mr. TONKO. H.R. 467: Mr. PRICE of North Carolina. lation pursuant to the following: H.R. 1599: Mr. TIBERI. H.R. 512: Mr. BUCSHON and Mr. MEEHAN. Article I, Section 8, Clause 1 H.R. 1600: Mrs. KIRKPATRICK and Mr. CREN- H.R. 540: Mrs. LAWRENCE. By Mr. LONG: SHAW. H.R. 546: Mr. CUELLAR and Mr. GUTIE´ RREZ. H.R. 2479. H.R. 1602: Ms. NORTON and Mr. HASTINGS. H.R. 550: Mr. BISHOP of Michigan. Congress has the power to enact this legis- H.R. 1608: Mr. POLIS, Mr. HIGGINS, Ms. H.R. 578: Mr. RICE of South Carolina. lation pursuant to the following: BONAMICI, Mr. NEAL, Mr. DESAULNIER, Mr. H.R. 592: Mr. KINZINGER of Illinois, Mr. Article 1, Section 8, Clause 18 of the Con- FITZPATRICK, Ms. LOFGREN, and Mr. RUIZ. MULLIN, Mr. THOMPSON of Mississippi, and stitution, which states ‘‘To make all Laws H.R. 1610: Mr. HARDY. Mr. WOMACK. which shall be necessary and proper in the H.R. 1624: Mr. TIBERI, Mrs. KIRKPATRICK, H.R. 605: Mr. WALZ. Government of the United States or in any Ms. BROWNLEY of California, Mr. BOUSTANY, H.R. 632: Mr. SAM JOHNSON of Texas and Department or Officer thereof’’ Mr. GROTHMAN, Mr. FARENTHOLD, and Mr. Mr. CLEAVER. By Mr. BEN RAY LUJA´ N of New Mex- RODNEY DAVIS of Illinois. H.R. 649: Mr. WELCH and Mrs. BEATTY. ico: H.R. 1627: Mr. DEUTCH. H.R. 2480. H.R. 662: Mr. DOLD. H.R. 1635: Mr. HECK of Nevada and Mr. Congress has the power to enact this legis- H.R. 690: Mr. LONG. GROTHMAN. lation pursuant to the following: H.R. 699: Mr. KELLY of Pennsylvania, Mr. H.R. 1655: Ms. BROWNLEY of California. Article I, Section VIII. CONAWAY, Mr. RENACCI, Mr. MILLER of Flor- H.R. 1661: Mr. RIBBLE. By Mr. MEEHAN: ida, Mr. FLEMING, and Mr. MACARTHUR. H.R. 1674: Mr. VAN HOLLEN and Mr. H.R. 2481. H.R. 702: Mr. LONG, Mr. BRADY of Texas, JEFFRIES. Congress has the power to enact this legis- Mr. BISHOP of Michigan, Mr. RODNEY DAVIS H.R. 1684: Mr. HUFFMAN. lation pursuant to the following: of Illinois, and Mr. PITTS. H.R. 1706: Mr. QUIGLEY. Article I Section 8 of the United States H.R. 721: Mr. SMITH of Washington, Mr. H.R. 1721: Mr. MCNERNEY and Ms. CLARK of Constitution SCOTT of Virginia, and Mr. COURTNEY. Massachusetts. By Mr. PAULSEN: H.R. 766: Mr. SESSIONS, Mr. FARENTHOLD, H.R. 1733: Ms. SCHAKOWSKY. H.R. 2482. and Mr. UPTON. H.R. 1734: Mr. NUGENT. Congress has the power to enact this legis- H.R. 767: Mr. HARRIS and Mr. PASCRELL. H.R. 1737: Mr. VARGAS. lation pursuant to the following: H.R. 784: Ms. HAHN and Ms. MENG. H.R. 1739: Mr. RIBBLE, Mr. WILSON of South Article I, Section 8 of the United States H.R. 787: Mr. MACARTHUR. Carolina, Mr. ROGERS of Alabama, and Mr. Constitution. H.R. 799: Mr. KILDEE. SALMON. By Mr. PAULSEN: H.R. 800: Ms. PINGREE and Mr. WELCH. H.R. 1752: Mr. PALMER and Mr. MARCHANT. H.R. 2483. H.R. 825: Mr. ALLEN and Mr. RIGELL. H.R. 1769: Mr. ELLISON and Ms. BORDALLO. Congress has the power to enact this legis- H.R. 842: Mrs. RADEWAGEN, Mr. GROTHMAN, H.R. 1817: Mr. FLEMING, Mr. RENACCI, Mr. lation pursuant to the following: and Mr. DESAULNIER. PAULSEN, and Mr. TIBERI. Clause 1 of Section 8 of Article I of the H.R. 868: Mr. RUSH and Mr. DUNCAN of Ten- H.R. 1853: Mr. FLORES, Mr. GENE GREEN of United States Constitution. nessee. Texas, Mr. HANNA, and Mr. MCGOVERN.

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H.R. 1910: Ms. TSONGAS. H.R. 2114: Mr. MCDERMOTT. H.R. 2403: Ms. MICHELLE LUJAN GRISHAM of H.R. 1932: Mrs. WALORSKI, Mr. LONG, Mr. H.R. 2132: Mr. HONDA, Mr. TED LIEU of Cali- New Mexico. CHABOT, Mr. KING of Iowa, Mr. ROE of Ten- fornia, and Miss RICE of New York. H.R. 2404: Mr. KINZINGER of Illinois. H.R. 2150: Mr. POLIS. nessee, Mr. BISHOP of Michigan, Mr. GIBBS, H.R. 2410: Mr. VAN HOLLEN. and Mr. ISSA. H.R. 2170: Mr. KEATING and Mr. H.R. 2412: Mr. HONDA and Mr. POCAN. H.R. 1935: Mr. BISHOP of Utah. MCDERMOTT. H.R. 2429: Ms. DELBENE and Mr. COURTNEY. H.R. 1942: Ms. TITUS and Mr. JOYCE. H.R. 2191: Ms. JACKSON LEE. H.R. 1943: Mr. TED LIEU of California, Ms. H.R. 2207: Mr. NEWHOUSE. H.R. 2434: Mr. BEYER. H.R. 2213: Mr. POSEY, Ms. MOORE, Mr. DUCKWORTH, Mr. BUTTERFIELD, Mr. ISRAEL, H.R. 2450: Mrs. CAROLYN B. MALONEY of WALKER, Mr. ABRAHAM, Mr. SCHWEIKERT, Mr. Mr. BISHOP of Georgia, Ms. BASS, and Mr. New York and Mr. HIMES. BLUM, Mr. TROTT, Mr. TIBERI, Mr. KENNEDY. H.J. Res. 25: Mr. BLUMENAUER. WESTERMAN, Mr. CRAWFORD, Mr. PERRY, Mr. H.R. 1964: Mr. ZELDIN and Ms. DELBENE. H. Con. Res. 17: Mr. AMODEI and Mr. WILSON of South Carolina, and Mr. BISHOP of H.R. 1974: Mr. GALLEGO. VALADAO. H.R. 1976: Mr. LEWIS. Michigan. H. Con. Res. 33: Ms. JUDY CHU of California. H.R. 1986: Mr. ALLEN. H.R. 2233: Mr. POLIS, Mr. O’ROURKE, and H. Res. 12: Mr. WILSON of South Carolina, H.R. 1989: Mr. HURD of Texas and Mr. Mr. HANNA. ARENTHOLD Ms. KELLY of Illinois, Mr. LYNCH, Mr. CARSON MULVANEY. H.R. 2246: Mr. F . H.R. 2247: Mr. WOMACK. of Indiana, and Mr. LEWIS. H.R. 1994: Mr. HILL and Mr. YOHO. H.R. 2258: Mr. PALMER. H.R. 1996: Mr. WILSON of South Carolina, H. Res. 54: Mr. SCHRADER, Ms. KELLY of Il- H.R. 2290: Mr. WITTMAN and Mr. LAMBORN. Mr. NEUGEBAUER, and Mr. ROE of Tennessee. linois, Mr. LYNCH, and Mrs. LUMMIS. H.R. 2306: Mr. MOOLENAAR and Mr. RIBBLE. H. Res. 56: Mr. PERRY. H.R. 2025: Mr. GRIJALVA. H.R. 2315: Mr. PASCRELL, Mr. WILSON of H.R. 2031: Mr. SEAN PATRICK MALONEY of South Carolina, Mr. YOUNG of Alaska, Mr. H. Res. 154: Mr. COURTNEY. New York. PERLMUTTER, Mr. WALBERG, Mr. LAMALFA, H. Res. 193: Mr. COOK and Mr. MCKINLEY. H.R. 2044: Mr. GRIFFITH. and Ms. DELBENE. H. Res. 207: Mr. SALMON and Mr. CICILLINE. H.R. 2061: Mr. ROSKAM, Mr. GOWDY, Mr. H.R. 2321: Ms. BORDALLO and Mr. GRIJALVA. H. Res. 208: Mr. JEFFRIES. MCCAUL, Mr. MARCHANT, Mr. GRIFFITH, and H.R. 2323: Mr. LOWENTHAL. H. Res. 209: Mr. WESTERMAN, Ms. BROWN of Mr. CONAWAY OSTER H.R. 2330: Mr. F . Florida, Mr. PERRY, and Mr. AUSTIN SCOTT of H.R. 2067: Mr. CURBELO of Florida, Mrs. H.R. 2331: Mr. GROTHMAN. Georgia. LOWEY, Mr. RYAN of Ohio, Mr. FORTENBERRY, H.R. 2350: Mr. KING of New York. Mr. BENISHEK, and Ms. ROS-LEHTINEN. H.R. 2393: Mr. TIBERI, Ms. STEFANIK, Mr. H. Res. 227: Mr. LEVIN, Ms. MENG, and Mr. H.R. 2072: Mr. ISRAEL and Mr. BEYER. LABRADOR, Mr. REED, Mr. SESSIONS, and Mr. CONNOLLY. H.R. 2109: Mr. CRAMER. MACARTHUR. H. Res. 256: Mr. GRIJALVA. H.R. 2111: Mr. ROE of Tennessee and Mr. H.R. 2400: Mrs. BLACKBURN, Mr. BURGESS, H. Res. 263: Mr. SEAN PATRICK MALONEY of WILSON of South Carolina. and Ms. JENKINS of Kansas. New York and Mr. MCGOVERN.

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Vol. 161 WASHINGTON, WEDNESDAY, MAY 20, 2015 No. 78 Senate The Senate met at 9:30 a.m. and was appoint the Honorable RAND PAUL, a Senator jority kept its focus on facts, sub- called to order by the Honorable RAND from the Commonwealth of Kentucky, to stance, and good policy for the people PAUL, a Senator from the Common- perform the duties of the Chair. who remained our focus throughout the wealth of Kentucky. ORRIN G. HATCH, debate, and that is the victims of mod- President pro tempore. f ern slavery. Mr. PAUL thereupon assumed the I could not be more grateful to Sen- PRAYER Chair as Acting President pro tempore. ator CORNYN for his outstanding work The Chaplain, Dr. Barry C. Black, of- f on this issue. I thank the House for fered the following prayer: passing such an important human Let us pray. RECOGNITION OF THE MAJORITY rights bill yesterday. Now I urge the O Lord, our rock, hear our praise LEADER President to sign this legislation from today, for Your faithfulness endures to The ACTING PRESIDENT pro tem- the new Congress as quickly as pos- all generations. You hear our prayers pore. The majority leader is recog- sible. The victims of such terrible and surround us with Your mercy. You nized. abuse have had to wait entirely too are our strength and our shield. Listen f long for Washington’s help. Let’s not to the melody of our gratitude, for You make them wait a moment longer. are the center of our joy. JUSTICE FOR VICTIMS OF f TRAFFICKING ACT Lord, thank You for illuminating our TRADE paths with Your precepts, dispelling Mr. MCCONNELL. Mr. President, yes- the darkness of doubt and fear. Today, terday’s House passage of the Justice Mr. MCCONNELL. Mr. President, yes- guide our lawmakers. Be their shep- for Victims of Trafficking Act rep- terday Senator WARNER, a Democrat, herd in these dangerous times. Give resents a vital ray of hope for the and Senator ERNST, a Republican, them eyes to see that You have not left countless victims of modern slavery joined me in hosting a press conference Yourself without a witness in every liv- who need our help. Victims groups and with small business owners on the ben- efits of trade for entrepreneurs. I want ing thing. Help them, Lord, to walk advocates tell us that this human to thank them both for coming. I with reverence and sensitivity through rights legislation would provide un- thank Senator WARNER, in particular, all the days of their lives. precedented support to domestic vic- for helping to lead his party on this We pray in Your Holy Name. Amen. tims of trafficking. They urged Con- issue. f gress to pass it. We were joined by small business We can now say that we have passed PLEDGE OF ALLEGIANCE owners with some pretty incredible it. We can now say that hope is on the stories. These Americans highlighted The Presiding Officer led the Pledge way for the victims who suffer in the of Allegiance, as follows: opportunities that knocking down un- shadows. Unfortunately, the victims of fair overseas barriers to American I pledge allegiance to the Flag of the modern-day slavery had to wait en- products can provide to us here at United States of America, and to the Repub- tirely too long for help. home. lic for which it stands, one nation under God, Last Congress, the House of Rep- indivisible, with liberty and justice for all. My favorite, obviously, was Chase resentatives did its job by passing sev- Robbins, a constituent of mine from f eral pieces of legislation, but the Sen- Shelbyville. After Chase was medically APPOINTMENT OF ACTING ate failed to bring any trafficking leg- discharged from the Army, he was able PRESIDENT PRO TEMPORE islation to the floor. to scrape together $1,600 with a buddy The PRESIDING OFFICER. The As a new majority, Senate Repub- and start the kind of business he had clerk will please read a communication licans were determined to make this already dreamed of as early as 2010. It to the Senate from the President pro matter a priority. Senator GRASSLEY is a business that specializes in just the promptly reported legislation out of tempore (Mr. HATCH). kind of thing you would expect a young The legislative clerk read the fol- the Judiciary Committee, and we guy such as Chase to be into—high-per- lowing letter: quickly put it on the Senate floor. formance auto parts. And, thanks to As we all know by now, there was an trade, it is now both a business that ex- U.S. SENATE, unforeseen—to put it mildly—impedi- PRESIDENT PRO TEMPORE, ports a percentage of its products and Washington, DC, May 20, 2015. ment to getting this bill done. But we one that also employs fellow Kentuck- To the Senate: were determined to see this legislation ians. Under the provisions of rule I, paragraph 3, through to successful completion. Suc- His is a small business with just of the Standing Rules of the Senate, I hereby cess was possible because the new ma- three employees for now—just three for

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S3089

.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.000 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3090 CONGRESSIONAL RECORD — SENATE May 20, 2015 now—but it is a small business that is a robust amendment process if every time. When the Republicans took over allowing him to live his dreams and to single amendment offered by Demo- the Senate, the majority leader prom- help others live theirs, too. It is a story crats or Republicans is objected to by ised to make the needs of Americans a countless other Americans know all our friends on the other side. priority. Here is what he said last No- too well and one we should do every- Our bill managers, Senator HATCH vember: ‘‘Under a new majority, our thing to encourage. Yet, while Chase and Senator WYDEN, are working hard. focus would be on passing legislation has achieved success thanks to trade, We hope to get past these objections so that improves the economy, that he knows there is still a lot more we that more amendments can be consid- makes it easier for Americans to find should be doing if the aim is to help ered. But we will need cooperation. The jobs, and that helps restore Americans’ businesses grow, help his employees Senate cannot vote on amendments confidence in their country and their earn more, and help other Kentuckians that are being prevented. government.’’ live their dreams too. We hope to see more of that coopera- Why then have we not moved toward Here is what Chase said yesterday: tion so we can pass good, fair, and en- legislation that makes it easier for As our business has grown internationally, forceable trade legislation that will Americans to find jobs or reforms that we have been confronted with barriers that benefit our country and so many of the help us restore Americans’ confidence compromise global markets. It was not long people we represent. in their government? after sending our first shipment overseas f A few months after November—actu- that we realized trade rules were outdated ally the beginning of this year—the for our business. Most of the agreements and RECOGNITION OF THE MINORITY majority leader reiterated a call for rules were written before small businesses LEADER like ours were able to fully utilize the inter- commonsense legislation that puts the net to exploit the global market. Trade The ACTING PRESIDENT pro tem- middle class first. He said: ‘‘Let’s pass agreements offer the best chance to lower pore. The Democratic leader is recog- legislation that focuses on jobs and the barriers and increase market access for nized. real concerns of the middle class.’’ small companies like mine. We see a bright f But, again, what have the Senate Re- future for . . . companies like ours in the ex- publicans done? They have stopped any ISSUES FACING THE MIDDLE port market but we need new trade deals to effort made to help the middle class, CLASS get there. whether it is minimum wage, equal pay And this, Mr. President, is a business Mr. REID. Mr. President, at the end for men and women, student debt, and with three employees that is exporting of this month, Republicans will have on and on with things that would help products. been in charge of the Senate for almost the middle class. They have been ig- So here was Chase’s solution: ‘‘Trade half a year. After all of this time, what nored. We should be focusing on mak- Promotion Authority is the first step have they done to address issues facing ing it easier for Americans to find jobs, towards modernizing trade agree- the middle class? Zero. addressing the needs of the middle ments,’’ he said, ‘‘and I encourage Con- Let’s take a quick look at what the class and restoring Americans’ faith in gress to pass TPA as soon as possible.’’ Republican leadership has achieved our government. Entrepreneurs such as Chase know this year. The Keystone Pipeline legis- It is not enough for the majority that the United States does not have lation took a month, a bill that was leader to mouth these words that he many trade barriers, but other coun- nothing more than a favor for billion- supports jobs. His agenda must reflect tries do. They know that many of these aires and special interests. It would it, as well. But it does not. It does not barriers are extremely unfair to Amer- allow foreign oil to be imported into do anything to help job creation. If we ican workers and American products. the United States to be shipped to for- want to create jobs, why don’t we do They know that passing trade pro- eign countries. It has spent almost an- something with infrastructure, the sur- motion authority is the way to address other month on the shutdown of the face transportation bill? such an unfair situation. Department of Homeland Security—the To his credit, the Presiding Officer Our friends on the far left may try to shutdown of the Department of Home- has an idea regarding how that should cynically spin their war against the fu- land Security—during a time when be paid for. I have worked with him ture of something other than what it ISIS is raging and all the other prob- and, whether his idea and my idea are truly is, but we all know better. It is lems around the world, and they—the perfect, at least it is an effort to figure no wonder President Obama has called Republicans—want to shut down the out some way to do something about them ‘‘wrong’’ and suggested that they Federal Government as it relates to jobs. Jobs—we have to do something make stuff up. What happens if the far Homeland Security. about surface transportation. Some 50 left actually succeeds in its apparent We spent 3 weeks on a senseless delay percent of America’s roads are in dis- quest to retain foreign tariffs that un- over funding for victims of human traf- repair, and 64,000 bridges are struc- fairly impact American workers and ficking, over an abortion issue that had turally deficient. Our railroad systems their paychecks? How is that good for nothing to do with human trafficking. are outdated, and we know that re- us? I would respond to my friend, the ma- cently from the headlines we have seen It would mean lost opportunities for jority leader, we would have passed with that devastating accident in American risk takers such as Chase this last Congress, except that they ob- Pennsylvania. Instead of working with and the employees who entrepreneurs jected to it—short memory, I think. Democrats to provide adequate, long- such as him care about. It would mean Now, here we are spending the last term investment into our country’s lost opportunities for American manu- week considering trade legislation that surface transportation, Republicans facturers, lost opportunities for Ken- has done nothing—nothing, not a sin- are advocating for short-term fix after tucky farmers, and lost opportunities gle thing—to help working middle- short-term fix. for more jobs, better wages, and a class Americans. In fact, it causes huge Repairing our Nation’s roads and growing economy that can lift every- job losses. As Einstein said, if you keep bridges through long-term investments one up. doing the same thing over and over could provide thousands of jobs for Jobs and a better economy are the again and you expect a different result, Americans. If the Republican leader kinds of things I am going to continue that is the definition of insanity. truly has the interests of the middle to fight for. I think the legislation be- We can look at these trade bills over class at heart, he should be leading the fore us represents a great opportunity the years. Every one of them, without charge for these investments, but he is to do so. President Obama agrees, as exception, causes job losses to Amer- leading the charge against them. well. So I am going to keep working to ican workers, millions of job losses. Today, the Senate will resume con- get votes on amendments—both Repub- Yet they are going to try the same sideration of the trade legislation. Be- lican and Democrat amendments. thing again and hope for a different re- cause of Senate Democrats, that trade There have been objections from the sult. That is insanity. legislation includes vital programs other side of the aisle. I would remind If the Senate is not actively advo- that help America’s workers retrain our colleagues that even with my cating for the well-being of middle- and find new employment if they lose strong support, the Senate cannot have class Americans, we are wasting our their jobs because of foreign trade. And

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.002 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3091 they are going to lose jobs. Even refers to people who are complaining and American businesses support it. though a majority of the Senators about what is going on here. Boeing Last year, this vital program sustained don’t support this trade legislation, we thinks something should be done with 165,000 jobs at no cost to the taxpayers. have tried hard to improve it, and this the Export-Import Bank. Why? Because If we don’t reauthorize this program, trade adjustment assistance is one way they can compete with Airbus and all American businesses will be at a com- we can try to improve it. of these other companies that build petitive disadvantage. What was the Republican’s first airplanes. If we don’t have the Bank, While the majority leader talks amendment to the trade bill? It was an they cannot compete. about restoring faith in government, amendment to strike a program known Mr. President, I could pick any State he is standing in the way of reforming as trade adjustment assistance, which I of the 50—I was given here this morn- the National Security Agency’s illegal just talked about, from the bill. This ing the State of Virginia because the spying program. I did not make up the program helps those who lose their jobs State of Virginia was mentioned in words ‘‘illegal spying program’’; the because of trade. And they will lose some of the remarks by the Republican Second Circuit Court said it. It is an il- their jobs. leader. I have page after page—millions legal program. As we talk about opening foreign and millions of dollars that benefit These are just a few areas where re- markets to American products, surely businesses in Virginia. It is the same newed focus would create jobs and we should do something so that Amer- all over the country—in Nevada, Ken- produce positive outcomes for middle- ican companies have the tools to com- tucky, everyplace. class Americans. The Republican lead- pete internationally. We have talked about trade that The Export-Import Bank is weeks won’t work. Let’s talk about the Ex- er should revisit his vision, which up to away from expiring. If it expires, fi- port-Import Bank, which does work. I this point has only been words. There nancing for billions of dollars of U.S. so admire and appreciate the persist- has been no action. The direction this exports will disappear and thousands of ence and advocacy of the Senator from Congress has taken so far has only fo- cused on the desires of a few at the ex- American jobs will be in jeopardy. How Washington, Ms. CANTWELL. But for much does it cost? Nothing. Zero. It is her, this issue would be lost. It would pense of many. an ideological mindset that the Repub- be gone with all the other stuff that Mr. President, I ask unanimous con- licans have—they don’t like govern- goes into the trash can because of the sent that the numbers I referred to ment programs. Republicans. from the State of Virginia be printed in We are losing internationally. We are The Republican leader has said over the RECORD. losing trade. I don’t think anyone can and over again that he is opposed to There being no objection, the mate- call the Boeing Company a leftwing the Bank. Well, that is too bad. The rial was ordered to be printed in the liberal group, as the Republican leader American people certainly support it RECORD, as follows: VIRGINIA COMPANIES FINANCED BY EX-IM BANK FY07–FY15 Source: Public Information; Ex–Im Bank Web Site

Total insured shipments, Exporter City District Product guaranteed credit or Total exp value disbursed loan amount

Abb Inc...... South Boston ...... 05 Electrical Equipment Manufacturing and Sales ...... $97,428 $175,030 Aeroprobe Corporation ...... Christiansburg ...... 09 Professional, Scientific and Technical Services ...... $24,960 $24,960 Alainn Llc ...... Arlington ...... 08 Administrative, Management and Support Services ...... $285,008 $285,008 Alfa Laval Thermal Inc ...... Richmond ...... 03 Fabricated Metal Product Manufacturing and Sales ...... $327,015 $397,159 All American Business Consulting Llc ...... Chantilly ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $93,760 $93,760 Alliant Techsystems Operations, Inc ...... Radford ...... 02 Fabricated Metal Product Manufacturing and Sales ...... $128,303 $128,303 Alpha Coal Sales Co., Llc ...... Bristol ...... 09 Ore & Mineral Mining and Sales ...... $212,393,085 $212,393,085 Altum, Incorporated ...... Reston ...... 11 Professional, Scientific and Technical Services ...... $854,933 $854,933 American Biosystems, Inc...... Roanoke ...... 06 Chemical Manufacturing and Sales ...... $1,734,990 $1,734,990 American Hardwood Industries, Llc ...... Waynesboro ...... 06 Wood Product Manufacturing and Sales ...... $18,000,000 $60,000,000 American Hofmann Corporation ...... Lynchburg ...... 06 Machinery Manufacturing and Sales ...... $44,728 $44,728 Amscoglobal Llc ...... Vienna ...... 11 Machinery Manufacturing and Sales ...... $192,236 $192,236 Aon International Space Brokers ...... Rosslyn ...... 08 Insurance ...... $20,592,935 $24,169,936 Aon International Space Brokers ...... Rosslyn ...... 08 Insurance ...... $20,339,686 $23,310,434 Aquamatic Inc ...... Roanoke ...... 09 Electrical Equipment Manufacturing and Sales ...... $66,129 $66,129 Augusta Lumber, Llc ...... Waynesboro ...... 06 Wood Product Manufacturing and Sales ...... $278,849 $278,849 Bakery Holdings Llc ...... Richmond ...... 03 Machinery Manufacturing and Sales ...... $3,600,000 $14,000,000 Banner Aerospace Holding Company, Inc...... McLean ...... 11 Transportation Equipment Manufacturing and Sales ...... $16,200,000 $72,000,000 Banner Aerospace, Inc...... Ashburn ...... 10 Transportation Equipment Manufacturing and Sales ...... $13,500,000 $40,000,000 Beach Mold & Tool Virginia, Inc...... Emporia ...... 04 Machinery Manufacturing and Sales ...... $65,225 $65,225 Birdsong Peanuts ...... Suffolk ...... 04 Crop Production and Sales ...... $669,955 $669,955 Blue Ridge Mountain Resources, Llc ...... Charlottesville ...... 05 Wood Product Manufacturing and Sales ...... $128,960 $128,960 Blue Ridge Numerics Inc ...... Charlottesville ...... 05 Professional, Scientific and Technical Services ...... $450,000 $4,250,000 Bone Doctors’ Bbq, Llc ...... Charlottesville ...... 05 Food Manufacturing and Sales ...... $45,158 $45,158 Bontex, Inc ...... Buena Vista ...... 06 Chemical Manufacturing and Sales ...... $6,748,307 $6,748,307 Boss Lumber Corporation ...... Galax ...... 09 Wood Product Manufacturing and Sales ...... $72,936 $72,936 Brg Machinery Consulting ...... Charlottesville ...... 05 Administrative, Management and Support Services ...... $59,219 $98,625 Bristol Compressors International, Inc...... Bristol ...... 09 Machinery Manufacturing and Sales ...... $162,000,000 $250,000,000 Cableform Incorporated ...... Troy ...... 07 Electrical Equipment Manufacturing and Sales ...... $7,091,630 $7,091,630 Cadence, Inc...... Staunton ...... 06 Other Misc Mfg and Sales of Non Capital Equipment ...... $5,553,034 $5,553,034 Campofrio Food Group America Inc ...... South Chesterfield ...... 04 Food Manufacturing and Sales ...... $4,713,286 $4,713,286 Catoctin Creek Distilling Co, Llc ...... Purcellville ...... 18 Beverage and Tobacco Product Mfg and Sales ...... $35,741 $35,741 Commercial Lynks Inc...... Alexandria ...... 08 Food Manufacturing and Sales ...... $50,357,430 $83,947,430 Delta Star, Inc ...... Lynchburg ...... 06 Electrical Equipment Manufacturing and Sales ...... $106,705 $2,022,564 Dexter W Estes ...... Lyndhurst ...... 06 Machinery Manufacturing and Sales ...... $10,062 $10,062 Dupont Teijin Films ...... Chester ...... 04 Plastics and Rubber Products Mfg and Sales ...... $245,813 $245,813 Dupont Teijin Films ...... Hopewell ...... 04 Plastics and Rubber Products Mfg and Sales ...... $373,931 $373,931 Dupont Teijin Films ...... Hopewell ...... 04 Plastics and Rubber Products Mfg and Sales ...... $297,603 $297,603 Eagle Paper International, Inc...... Virginia Beach ...... 02 Paper Manufacturing and Sales ...... $43,116,377 $43,116,377 Earthwalk Communications Inc...... Manassas ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $1,192 $1,192 East Coast Impex, Llc ...... Manassas ...... 01 Crop Production and Sales ...... $1,129,413 $1,129,413 Ekpac China Inc...... Arlington ...... 08 Other Service Providers ...... $18,179,979 $21,388,210 Erath Veneer Corporation of Virginia ...... Rocky Mount ...... 05 Wood Product Manufacturing and Sales ...... $10,443,221 $10,443,221 F R Drake Company ...... Waynesboro ...... 06 Machinery Manufacturing and Sales ...... $303,025 $356,500 Federal Pacific Transformer Company ...... Bristol ...... 09 Electrical Equipment Manufacturing and Sales ...... $55,248 $55,248 Ferguson Enterprises, Inc...... Newport News ...... 02 Fabricated Metal Product Manufacturing and Sales ...... $4,269,751 $5,441,608 Fitzgerald Lumber & Log Co., Inc...... Buena Vista ...... 06 Wood Product Manufacturing and Sales ...... $11,464,695 $11,464,695 Fleshner & Kim Llp ...... Herndon ...... 11 Judicial Systems and Public Safety Institutions ...... $900,000 $3,000,000 Flowserve Corporation ...... Chesapeake ...... 04 Machinery Manufacturing and Sales ...... $5,733,476 $7,267,029 Foley Material Handling Co., Inc ...... Ashland ...... 07 Machinery Manufacturing and Sales ...... $2,160,000 $6,000,000 Freightcar America ...... Roanoke ...... 06 Machinery Manufacturing and Sales ...... $2,842,665 $3,326,300 Gala Industries, Inc...... Eagle Rock ...... 06 Machinery Manufacturing and Sales ...... $238,145 $279,810 Gatekeeper, Inc...... Sterling ...... 10 Electrical Equipment Manufacturing and Sales ...... $2,464,016 $2,464,016 GeoScienceWorld ...... Arlington ...... 08 Professional, Scientific and Technical Services ...... $27,797 $49,118 Gigamedia Access Corporation ...... Herndon ...... 11 Internet Content & Service Providers ...... $810,000 $1,000,000 Global Food Connection, Inc...... Danville ...... 05 Food Manufacturing and Sales ...... $16,685,410 $16,685,410 Good Harbor Consulting, L.L.C...... Arlington ...... 08 Administrative, Management and Support Services ...... $3,500,000 $3,500,000 Group Logic Inc...... Arlington ...... 08 Professional, Scientific and Technical Services ...... $4,928,867 $4,928,867 H Y International Corporation ...... Great Falls ...... 10 Wood Product Manufacturing and Sales ...... $12,224,288 $12,224,288 H2gen Innovations, Inc...... Alexandria ...... 08 Electrical Equipment Manufacturing and Sales ...... $3,600,000 $12,000,000

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Total insured shipments, Exporter City District Product guaranteed credit or Total exp value disbursed loan amount

Harris Corporation ...... Lynchburg ...... 06 Other Misc Mfg and Sales of Non Capital Equipment ...... $3,050,149 $3,588,411 Honeywell International Inc...... Hopewell ...... 04 Machinery Manufacturing and Sales ...... $44,542,810 $44,542,810 Independent Project Analysis ...... Ashburn ...... 10 Professional, Scientific and Technical Services ...... $1,179,672 $2,053,027 Integrated Global Services, Inc...... Midlothian ...... 07 Fabricated Metal Product Manufacturing and Sales ...... $2,250,000 $7,000,000 International Intranco Inc...... McLean ...... 11 Food Manufacturing and Sales ...... $58,058 $58,058 International Veneer Company, Inc...... South Hill ...... 05 Wood Product Manufacturing and Sales ...... $35,204 $35,204 Interstate Resources, Inc...... Arlington ...... 08 Paper Manufacturing and Sales ...... $47,450,946 $47,450,946 Intertape Polymer Corp...... Danville ...... 05 Textile Mills, Products and Sales ...... $219,378 $219,378 K2m, Inc...... Leesburg ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $45,000,000 $68,000,000 Longwall Associates, Inc ...... Chilhowie ...... 09 Machinery Manufacturing and Sales ...... $4,649,120 $5,240,000 M.I.C. Industries, Inc...... Reston ...... 11 Building Construction...... $4,485,411 $4,485,411 Maersk Line, Limited ...... Norfolk ...... 03 Transportation Services...... $4,208,610 $5,665,164 Meadwestvaco Corporation ...... Richmond ...... 03 Paper Manufacturing and Sales ...... $10,906,229 $10,906,229 Meadwestvaco Corporation ...... Glen Allen ...... 07 Paper Manufacturing and Sales ...... $25,531,495 $25,531,495 Microxact, Inc...... Blacksburg ...... 09 Other Misc Mfg and Sales of Non Capital Equipment ...... $282,699 $282,699 Mitsubishi Plastics Composites America, Inc ...... Chesapeake ...... 04 Electrical Equipment Manufacturing and Sales ...... $70,559,724 $70,559,724 Monoflo International, Inc ...... Winchester ...... 10 Plastics and Rubber Products Mfg and Sales ...... $192,596 $192,596 Moog Inc ...... Blacksburg ...... 26 Other Misc Mfg and Sales of Non Capital Equipment ...... $64,749 $74,448 Mountain Lumber Co, Inc ...... Ruckersville ...... 05 Wood Product Manufacturing and Sales ...... $108,000 $108,000 Mpri, Inc...... Alexandria ...... 08 Electrical Equipment Manufacturing and Sales ...... $5,687,287 $5,687,287 Musser Lumber Company, Inc...... Rural Retreat ...... 09 Wood Product Manufacturing and Sales ...... $500,052 $500,052 New River Energetics ...... Radford ...... 09 Chemical Manufacturing and Sales ...... $464,493 $464,493 Ngk-Locke Polymer Insulators ...... Virginia Beach ...... 02 Nonmetallic Mineral Product Mfg and Sales ...... $353,142 $404,420 Ofic North America Inc ...... Fredericksburg ...... 07 Petroleum and Coal Products Mfg and Sales ...... $7,092,241 $7,092,241 Ontario Hardwood Company, Inc...... Keysville ...... 05 Wood Product Manufacturing and Sales ...... $978,099 $978,099 Optical Cable Corporation ...... Roanoke ...... 09 Electrical Equipment Manufacturing and Sales ...... $45,125,589 $45,125,589 Orbital Sciences Corporation ...... Dulles ...... 10 Transportation Equipment Manufacturing and Sales ...... $198,098,585 $221,843,173 Pipeline Research Council International ...... Falls Church ...... 11 Professional, Scientific and Technical Services ...... $115,189 $215,694 Potomac Supply Corporation ...... Kinsale ...... 01 Wood Product Manufacturing and Sales ...... $4,549,757 $4,549,757 Potomac Supply Llc ...... Kinsale ...... 01 Wood Product Manufacturing and Sales ...... $2,279,798 $2,279,798 Qmt Associates, Inc...... Manassas Park ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $774,329 $774,329 QubicaAMF Worldwide ...... Mechanicsville ...... 07 Other Misc Mfg and Sales of Non Capital Equipment ...... $1,036,184 $1,093,397 Questel-Orbit, Incorporated ...... Alexandria ...... 08 Internet Content & Service Providers ...... $3,482 $6,121 Reynolds Consumer Products Inc ...... Richmond ...... 07 Plastics and Rubber Products Mfg and Sales ...... $11,134,393 $11,134,393 Rock Tools Inc...... Bristol ...... 08 Not Identified...... $1,950,000 $1,950,000 Rowe Fine Furniture Inc ...... Elliston ...... 09 Furniture Manufacturing and Sales ...... $6,637,470 $6,637,470 Rubatex International Llc ...... Bedford ...... 05 Plastics and Rubber Products Mfg and Sales ...... $97,118 $97,118 Sena Mining Products Llc ...... Alexandria ...... 08 Administrative, Management and Support Services ...... $347,452 $347,452 Sherr & Jiang Pllc ...... Herndon ...... 11 Professional, Scientific and Technical Services ...... $30,324 $30,324 Sherr & Vaughn, Pllc ...... Herndon ...... 11 Professional, Scientific and Technical Services ...... $4,301,139 $4,301,139 Simplimatic Engineering Holdings, Llc ...... Evington ...... 05 Machinery Manufacturing and Sales ...... $7,496,797 $7,496,797 Spectra Quest, Inc...... Richmond ...... 07 Machinery Manufacturing and Sales ...... $24,204 $42,308 Strongwell Corporation ...... Bristol ...... 09 Plastics and Rubber Products Mfg and Sales ...... $2,156 $2,733 Sutron Corporation ...... Sterling ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $738,000 $750,000 Team Askin Technologies, Inc...... Fairfax ...... 10 Professional, Scientific and Technical Services ...... $31,749,708 $90,227,708 Telarix, Inc...... Vienna ...... 11 Internet Content & Service Providers ...... $39,150,000 $144,767,956 Test Dynamics Inc ...... Warrenton ...... 05 Electrical Equipment Manufacturing and Sales ...... $68,369 $68,369 Tetra Tech, Inc...... Fairfax ...... 11 Administrative, Management and Support Services ...... $18,069,977 $25,648,305 Thomas & Betts Corporation ...... Richmond ...... 03 Electrical Equipment Manufacturing and Sales ...... $473,944 $473,944 Transprint Usa, Inc ...... Harrisonburg ...... 06 Administrative, Management and Support Services ...... $14,812,918 $14,812,918 Tread Corporation ...... Roanoke ...... 06 Fabricated Metal Product Manufacturing and Sales ...... $38,302,375 $93,588,729 Trex Company, Inc...... Winchester ...... 10 Plastics and Rubber Products Mfg and Sales ...... $39,143 $39,143 Trinity Scientific, L.P...... Sandston ...... 03 Other Misc Mfg and Sales of Non Capital Equipment ...... $269,567 $269,567 Turkey Knob Growers, Inc...... Timberville ...... 06 Crop Production and Sales ...... $851,672 $851,672 Turman-mercer Sawmills, Inc...... Hillsville ...... 09 Specialty Trade Contractors ...... $2,297,171 $2,297,171 Universal Dynamics, Inc...... Woodbridge ...... 11 Machinery Manufacturing and Sales ...... $3,201 $3,201 Us Cosmeceutechs, Llc ...... North Chesterfield ...... 04 Chemical Manufacturing and Sales ...... $4,905,000 $7,000,000 Usa Hardwoods Llc ...... Winchester ...... 10 Administrative, Management and Support Services ...... $172,076 $172,076 Virginia Transformer Corp ...... Roanoke ...... 06 Electrical Equipment Manufacturing and Sales ...... $1,810,428 $2,566,663 Vt Idirect, Inc...... Herndon ...... 11 Telecommunication Services...... $1,552,092 $1,552,092 Williams & Lu Llc ...... Alexandria ...... 08 Professional, Scientific and Technical Services ...... $70,851 $70,851 Zamma Corporation ...... Orange ...... 07 Furniture Manufacturing and Sales ...... $3,185,044 $3,185,044 Zenith Aviation, Inc...... Fredericksburg ...... 01 Transportation Equipment Manufacturing and Sales ...... $209,024 $209,024

Mr. REID. Will the Chair be kind Hatch (for Flake) amendment No. 1243 (to Hatch modified amendment No. 1411 (to the enough to tell us what the business is amendment No. 1221), to strike the extension language proposed to be stricken by amend- today in the Senate? of the trade adjustment assistance program. ment No. 1299), of a perfecting nature. Hatch (for Inhofe/Coons) modified amend- The PRESIDING OFFICER. The Sen- f ment No. 1312 (to amendment No. 1221), to ator from Utah. amend the African Growth and Opportunity Mr. HATCH. Mr. President, I want to RESERVATION OF LEADER TIME Act to require the development of a plan for take some time today to talk about The ACTING PRESIDENT pro tem- each sub-Saharan African country for nego- proposals to include a currency manip- tiating and entering into free trade agree- pore. Under the previous order, the ments. ulation negotiating objective in trade negotiations and the impact this issue leadership time is reserved. Hatch (for McCain) amendment No. 1226 (to is having on the debate over renewing f amendment No. 1221), to repeal a duplicative inspection and grading program. trade promotion authority, or TPA. Currency manipulation has, for ENSURING TAX EXEMPT ORGANI- Stabenow (for Portman) amendment No. many, become the primary issue in the ZATIONS THE RIGHT TO APPEAL 1299 (to amendment No. 1221), to make it a TPA debate. It has certainly gotten the ACT principal negotiating objective of the United States to address currency manipulation in focus of the media and other outside The ACTING PRESIDENT pro tem- trade agreements. observers. Indeed, I suspect that every- pore. Under the previous order, the Brown amendment No. 1251 (to amendment one who has an interest in the outcome Senate will resume consideration of No. 1221), to require the approval of Congress of the TPA debate—both for and H.R. 1314, which the clerk will report. before additional countries may join the against—is watching closely to see how The legislative clerk read as follows: Trans-Pacific Partnership Agreement. the Senate will address this particular Wyden (for Shaheen) amendment No. 1227 A bill (H.R. 1314) to amend the Internal matter. (to amendment No. 1221), to make trade Revenue Code of 1986 to provide for a right to Let me begin by saying that I recog- agreements work for small businesses. an administrative appeal relating to adverse nize the frustrations many have re- Wyden (for Warren) amendment No. 1327 determinations of tax-exempt status of cer- garding exchange rate policies of some tain organizations. (to amendment No. 1221), to prohibit the ap- plication of the trade authorities procedures of our trading partners, and I have Pending: to an implementing bill submitted with re- committed to working with my col- Hatch amendment No. 1221, in the nature spect to a trade agreement that includes in- leagues to arrive at ways to improve of a substitute. vestor-state dispute settlement. currency surveillance and mechanisms

VerDate Sep 11 2014 05:43 May 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.003 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3093 for responding to problems. However, I for anyone in this Chamber to claim We have already heard accusations in want to be as plain as I can on this they support TPA and still vote in international commentaries by foreign issue. While currency manipulation is favor of the Portman-Stabenow amend- finance ministers and central bankers an important issue, it is inappropriate ment. The two, as of yesterday, have that our own Fed—Federal Reserve, and counterproductive to try to solve officially become mutually exclusive. that is—has manipulated the value of this problem solely through free-trade For me, this issue is pretty cut and the dollar to gain trade advantage. If agreements. dry. However, I do recognize that per- the Portman-Stabenow amendment is Nonetheless, I do not believe we haps not everyone will view these de- adopted into TPA and these rules be- should ignore currency manipulation, velopments the same way I do. But re- come part of our trade agreements, which is why, for the very first time, gardless of what anyone may think of how long do you think it will take for our TPA bill would elevate currency Secretary Lew’s letter, the Portman- our trading partners to enter disputes practices to a principal negotiation ob- Stabenow amendment raises enough and seek remedies against Federal Re- jective. Now, let’s get that. For the substantive policy concerns to warrant serve quantitative easing policies? Not first time in any trade bill, we elevate opposition on its own. long, I would imagine. currency practices to a principal nego- Offhand, I can think of four separate If the Portman-Stabenow amendment tiation objective. We thought that consequences we would run into if the objective becomes part of our trade would solve the problem. It means that Senate were to adopt this amendment, agreements, we will undoubtedly see if the administration fails to make and all of them would have a negative formal actions to impose sanctions on progress in achieving this or any other impact on U.S. economic interests. U.S. trade under the guise that the objectives laid out in the bill, then the First, the Portman-Stabenow negoti- Federal Reserve has manipulated our relevant trade agreement is subject to ating objective would put the Trans- currency for trade advantage. We will a procedural disapproval resolution and Pacific Partnership—or TPP—Agree- also be hearing from other countries other mechanisms that would remove ment at grave risk, meaning that our that Fed policy is causing instability procedural protections. farmers, ranchers, and manufacturers, in their financial markets and econo- Of course, I understand that a num- not to mention the workers they em- mies, and unless the Fed takes a dif- ber of my colleagues want to see more ploy, would not get access to these im- ferent path, those countries could prescriptive language which would portant foreign markets, resulting in argue for relief or justify their own ex- fewer good, high-paying jobs for Amer- limit the range of tools available and change rate policies to gain some trade ican workers, and I should say higher require that trade sanctions be used to advantage for themselves. keep monetary policies in line. paying jobs at that. While we may not agree with those We know this is the case. Virtually Most notably, we have the Portman- allegations, the point is that under the all of our major negotiating partners— Stabenow amendment, which would Portman-Stabenow formulation, judg- most notably Japan—have already create a negotiating objective requir- ments and verdicts on our policies will made clear that they will not agree to ing enforceable currency standards be taken out of our hands and, rather, an enforceable provision like the one among parties to a trade agreement. can be rendered by international trade required by the Portman-Stabenow The amendment goes on to say that tribunals. I don’t know anybody who amendment. No country I am aware of, these standards must be subject to the really wants that. including the United States, has ever same dispute settlement procedures I am well aware that in an attempt shown the willingness to have their and remedies as all other elements of to address this concern, the latest monetary policies subject to potential the trade agreement. While this ap- version of the Portman-Stabenow trade sanctions. proach may sound reasonable on the Adopting this amendment will have, amendment states that their enforce- surface, there are a number of very se- at best, an immediate chilling effect on able rules do not apply to ‘‘the exercise rious and complex policy issues to con- the TPP negotiations, and at worst, it of domestic monetary policy.’’ But for sider. I will address those specific con- will stop them in their tracks. If you those of us living here in the United cerns in some detail in just a few min- don’t believe me, then take a look at States, that clarification does not pro- utes, but first I think we need to step the letter we received from 26 leading vide much comfort. After all, the U.S. back and take a look at the big pic- food and agricultural organizations, dollar is the global currency—that is, ture. from the American Farm Bureau, to currently the global currency. If we I think I can boil this very com- the National Pork Producers Council, fail to pass this bill—we have already plicated issue down to a single point: to the Western Growers Association, seen China start to move toward hav- The Portman-Stabenow amendment urging Congress to reject the Portman- ing the yuan become the global cur- will kill TPA. I am not just saying Stabenow amendment because it will, rency. I will say again that the U.S. that; it is at this point a verifiable in their words, ‘‘most likely kill the dollar is a global currency. In fact, it is fact. TPP negotiations.’’ the primary reserve currency in the Yesterday, I received a letter from Put simply, not only will this amend- world, and its value has an impact on Treasury Secretary Lew outlining the ment kill TPA, it will very likely kill markets everywhere. So for the United Obama administration’s opposition to TPP—the Trans-Pacific Partnership— States, the question as to what is a do- this amendment. The letter addresses a as well. mestic monetary policy and what is number of issues, some of which I will Second, the Portman-Stabenow not is open to a lot of debate, and I discuss later, but most importantly, at amendment would put at risk the Fed- don’t think any of us want those de- the end of the letter, Secretary Lew eral Reserve’s independence in its abil- bates being resolved in some inter- stated very plainly that he would rec- ity to formulate and execute monetary national trade tribunal, which is what ommend that the President veto a TPA policies designed to protect and sta- is going to happen. bill that included this amendment. bilize the U.S. economy. While some in Moreover, contrary to what many of That is pretty clear. It doesn’t leave this Chamber have made decrees that my colleagues seem to be arguing, no much room for interpretation or specu- our domestic monetary policies do not one in international trade—not the lation. No TPA bill that contains the constitute currency manipulation, we Treasury, not the IMF, not the G7, not language of the Portman-Stabenow know that not all of our trading part- the G20, not anyone in the world—has amendment stands a chance of becom- ners see it that way. accurate tools in place to measure ing law. Requiring the inclusion of enforce- what is and what is not currency ma- I want to be clear. I have great re- able rules on currency manipulation nipulation or what is purely domestic spect for the authors of this amend- and subsequent trade sanctions in our policy and what is intended to be inter- ment. They are my friends, and I be- free-trade agreements would provide national. Even if we demanded enforce- lieve they are well-intentioned. They other countries with a template for able currency standards in our trade have spent a lot of time making their targeting U.S. monetary policies, sub- agreements, this simple fact will not case on their amendment, and I respect jecting our own agencies and policies change. their points of view. But at this point, to trade disputes and adjudication in Basing trade sanctions on existing it is difficult—very difficult, in fact— international trade tribunals. methods which have thus far proven to

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Given that range, what is an amendment calls for enhanced trans- trade, open markets, and high-paying international trade tribunal to do if parency, disclosure, reporting, moni- jobs for American workers, this truth asked to set trade sanctions based on toring, cooperative mechanisms, as is inescapable. allegations of currency manipulation? well as enforceable rules. Our amend- But, once again, this doesn’t mean Who in the heck knows. But if we in- ment, which would provide maximum we should stand by and do nothing sert these standards into our trade flexibility, is a better alternative for about currency manipulation. The agreements, we would not only subject addressing currency manipulation for a Hatch-Wyden amendment will provide our trading partners to possible trade number of reasons. an effective path to improve trans- sanctions based on indefinite stand- First, it would preserve the integrity parency, measurement, and monitoring ards, the United States would face of our current trade negotiations. Once of our trading partners’ currency prac- similar risks. This is a recipe for trade again, if we insert an absolute require- tices, and effective and transparent and currency wars—a situation I think ment for enforceable currency rules ways to counteract anyone seeking to we would all like to avoid. and required sanctions into the ongo- manipulate currencies for unfair trade Third, under this amendment—that ing TPP negotiations, many, if not all, advantage. is, the Portman-Stabenow amend- of our negotiating partners will almost The Hatch-Wyden amendment will ment—the traditional role of the U.S. certainly walk away. The Hatch-Wyden allow Congress to speak forcefully on Treasury in setting U.S. exchange rate amendment would pose no threat to the issue of currency manipulation policies would be watered down and po- the TPP negotiations or any other without putting our trade agreements tentially overruled in international trade deals. and domestic policies in limbo. trade tribunals. Do we want that? Second, our amendment would not For Senators who are sincerely con- Thus, adoption of the Portman-Stabe- threaten the independence of the Fed- cerned about currency manipulation— now negotiating objective cedes inde- eral Reserve or subject our own mone- and I am one of those Senators—the pendence and full authority over not tary and exchange rate policies to pos- Hatch-Wyden amendment would ad- only monetary policy for the Federal sible sanctions based on indefinite dress these issues in a far more produc- Reserve but also exchange rate policy standards. Unlike the Portman-Stabe- tive way. for the Treasury. now amendment, it does not give other So, at this point, the choice should Fourth, the Portman-Stabenow countries a roadmap to accuse the be pretty clear. We have strong indica- amendment would create incentives for United States of using its policies in- tions that the House cannot pass a our trading partners to evade regular tended for domestic growth and sta- TPA bill with the Portman-Stabenow reporting and transparency of ex- bility as tools for currency manipula- language. Even if it could pass the change rate policies. If currency stand- tion. House, Secretary Lew has made it very ards become enforceable and imme- Third, it would increase transparency clear that including that provision in diately subject to sanctions under a and accountability of our trading part- our bill would compel President Obama trade agreement, the parties on that ners’ currency practices. This is abso- to veto it. agreement would almost certainly lutely crucial. Put simply, we cannot The Hatch-Wyden amendment, on the start withholding full participation in counteract practices that we cannot other hand, would strengthen our hand reporting and monitoring mechanisms readily observe. The Portman-Stabe- by providing a workable set of tools to that would otherwise enable us to iden- now amendment would tell our trading counteract currency manipulation in a tify exchange rate interventions and partners that if you engage in full re- way that would protect our interests work against them. porting and transparency, you run the and achieve real results and, most im- Put simply, we cannot enforce rules risk of having an international tri- portantly, it would preserve our ability against unfair exchange rate practices. bunal detect your actions in ways that to enact TPA so we can negotiate If we do not have information about will generate trade sanctions. The in- strong trade agreements that will help them, we can’t enforce the rules. Under centive, then, is for countries not to be grow our economy and create jobs. the Portman-Stabenow amendment, transparent and instead to put their That is the choice we face with these our trading partners are far more like- currency policies further in the shad- two amendments. I call on my col- ly to engage in interventions in the ows, hiding away information that leagues who support TPA to oppose the shadows, hiding from detection out of could end up being used in trade dis- Portman-Stabenow currency amend- fear that they could end up being sub- putes. ment and support the Hatch-Wyden al- jected to trade sanctions. I don’t think Our trade agreements should provide ternative. anybody wants that, but that is what is incentives for countries to go in the op- With that, I yield the floor. going to happen. posite direction: full disclosure and ac- The PRESIDING OFFICER (Mr. COT- For these reasons and others, the countability of currency practices. The TON). The Senator from Oregon. Portman-Stabenow amendment is the Hatch-Wyden amendment would pro- Mr. WYDEN. Mr. President, first of wrong approach. Still, I do recognize vide a more effective incentive struc- all, I wish for colleagues to know that that currency manipulation is a legiti- ture. I think Chairman HATCH has made mate concern and one we need to ad- Finally, and in the current context, some very important points with re- dress in a serious, thoughtful way. most importantly, the Hatch-Wyden spect to the currency issue and for col- Toward that end, Senator WYDEN and amendment would not result in a veto leagues to know that the approach of I have filed an amendment that would of the TPA bill. It is, in fact, supported the chairman and me is to make sure expand on the currency negotiating ob- by the Obama administration, not to we can have tough, enforceable cur- jective that is already in the TPA bill mention business and agriculture rency rules without doing damage to to give our country more tools to ad- stakeholders across the country. American monetary policy or the abil- dress currency manipulation without I suppose one could say we have come ity to fight big economic challenges in the problems and risks that would full circle. After what I hope has been the days ahead that we think would come part and parcel with the an interesting discussion of important come about with the amendment of- Portman-Stabenow amendment. policy considerations, we are back at fered by the Senator from Ohio, Mr. The Portman-Stabenow amendment the simple, uncomplicated truth. If PORTMAN. would provide a single tool to address nothing I have said here today about By the way, I want colleagues to currency manipulation: enforceable the complexities of currency and mone- know that currency is going to be in rules subject to sanctions. As I think I tary policy has resonated with my col- the Customs conference. Chairman have demonstrated, this, for a variety leagues, this fact remains: A vote for HATCH and I have discussed this point

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.007 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3095 as well. We felt very strongly about Now, it didn’t make headlines this We were able to get important meas- making sure there is a Customs con- morning. It doesn’t make headlines ures into our Finance bill—measures ference that goes right to the heart of when you work with both sides and all that were sought by a number of our the enforcement agenda. In that Cus- the parties outside of the bright lights. colleagues. Senator BROWN had a num- toms conference—and the chairman But today we now have an opportunity ber of provisions. I was particularly in- and I have been able to secure a com- to move forward, in a bipartisan way, terested in what is called the EN- mitment from the President and from on an issue that a couple of weeks ago FORCE Act. This is something I devel- Chairman RYAN—that Customs con- was described as a poison pill, the end oped back when I was chair of the trade ference is going to take place right of TPA, causing the entire Senate to be subcommittee. when we get back. The President of the paralyzed because it wouldn’t be pos- We had put together a sting oper- United States indicated last night that sible to move forward. ation to catch scofflaws overseas who he wants us to get this done in June. I bring this up only by way of saying were trying to avoid our trade laws. In So we are going to have a chance to that I hope today—and I am going to effect, what they were doing was mer- tackle currency in that conference. be here throughout the day trying to chandise laundering. They would be Senator BENNET worked closely with work with both sides to try to find a found to be in violation of our dumping the chairman and I so we got some- way to get amendments considered and or our trade rules in one country and thing in the committee that we to do as Senator MENENDEZ did over they would just move to another and thought was a smart, practical step. the last 10 days or so to actually solve try to move it through another nation, The chairman and I are talking today a problem and make it possible for us and we caught them on it. Many par- about something that is also strong to up the ante against this plague of ties responded to the sting operation and enforceable that would not produce trafficking but also make it possible to saying: We are in. We are anxious to the downside I have outlined. move forward on this legislation. stop this merchandise laundering. So I So I want colleagues to understand I would also like to note that all this don’t take a backseat to anybody in there is an opportunity, particularly work went on when everyone under- terms of enforcing our trade laws. on the currency issue, very quickly, to stood that Senator MENENDEZ has been So after Chairman HATCH and I got put in place very tough, practical rules opposed to the legislation and Chair- that through the Finance Committee, that get us the upside in terms of pro- man HATCH and I have been for it. But the second step was we had a separate tecting the American economy without the idea was that both sides care about vote in the Senate on a very strong some of the downsides I have outlined trying to fight trafficking. Both sides Customs and Enforcement package. and that Chairman HATCH has de- understood that if we worked together, That was step No. 2. But at that time, scribed as well. there was an opportunity to really a number of observers said: Well, noth- What I want to do particularly this solve a problem. ing is going to happen. It got passed morning is, given yesterday, talk about In my view, Senator MENENDEZ de- here in the Senate, but that bill is not some of the very positive developments serves great credit for doing what is going anywhere, not going to happen. we saw yesterday. I wish to express my the most important work in the Sen- That is the end of the topic. appreciation to Chairman HATCH again ate, legislating and trying to bring peo- Chairman HATCH and I, working to- for working closely with me on these ple together of disparate views. In gether with Chairman RYAN, said: Of issues. doing so, what Senator MENENDEZ ac- course we are going to have a con- I will start by talking about Senator complished was to show the country ference. We feel very strongly about MENENDEZ. Senator MENENDEZ, as do and the Senate that we can take an- this. So we put out a statement earlier many of us, feels very strongly about other step for trade done right. in this week saying: You bet there is human trafficking, about compelled Trade done right is my vision of going to be a conference in June, and labor, about commercial sex. He has where we ought to go. We have heard we are committed to getting this done. made it very clear he wants to stop about free trade and fair trade. What Chairman RYAN has indicated that he trafficking and he wants us to come up we want is trade done right. Because is going to take each of the trade with a fresh policy. So he offered an Senator MENENDEZ was willing to put bills—all four of them—up on the same amendment in the Finance Committee in all this time on his trafficking bill, day in the other body. He is going to and it passed. All over the press for the we took, on a bipartisan basis, an issue pass them all, and then we will have a next few days—and Chairman HATCH that was a poison pill whenever it was conference. After that happened, I was remembers this—were accounts: Poison discussed just about anywhere in the told that, well, that sounds good, but pill is going to end the possibility of country and we turned it into a better we are still not going to have much. Is finding a way forward on the trade pro- approach to fight trafficking. We were the administration going to be for it? motion act. The headlines were every- able to advance the cause of being able So, yesterday, in consultation with where. The general view in the press to move forward, and I look forward to Chairman HATCH and myself and oth- was Western civilization was about to seeing that passed. ers, the President put out a very strong end because of the adoption of the A second area where we made a lot of statement explicitly stating what he Menendez amendment. progress yesterday was on enforcing wanted in that conference, and he Well, Senator MENENDEZ believes in our trade laws. Particularly important wanted it in June. He talked again legislating. He believes what we ought about this, because virtually every about Senator BROWN’s measures, 301, to be doing when there are important time I have ever talked about pro- the level playing field, and the EN- issues, contentious issues—that we moting trade—pretty important in my FORCE Act. I was very pleased he men- need to find a way to bring everyone State where one out of five jobs de- tioned child labor. together. So what Senator MENENDEZ pends on trade—I have said that pass- So a tough, strong enforcement pack- did—and I was very pleased to be able ing new trade agreements and doing a age is going to happen. I am going to to play a modest role in this—is he better job of enforcing the trade laws insist on it. Chairman HATCH has brought together all of the groups. He are two sides of the same coin. The rea- pledged to me he is going to insist on brought together the administration, son I reached that judgment was be- it. It is going to happen. All of that was the U.S. Trade Representative, and cause of what a number of skeptics essentially nailed down in the last 24 outstanding organizations that fight about this issue brought up—and I hours. trafficking and, without any headlines think it is a legitimate concern—which So two big issues, two very signifi- and without any drama, did the nuts- is: Why is everybody in Washington, cant issues, which were both consid- and-bolts work to make sure that now DC, talking about new trade laws when ered to be show-stoppers: The Menen- we are going to have a new process. We they are not doing everything to en- dez amendment, fixed. All the head- are going to have a new process that force the laws we have on the books? lines about poison pills, no longer ensures that the President is going to Chairman HATCH and I talked about valid. Senator MENENDEZ has fixed it. report to the Congress on the concrete this many times and both of us agreed Chairman HATCH, to his credit, has steps the country takes to crack down we needed a robust enforcement pack- been willing to work with me and with on trafficking. age. the President. We are going to have a

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.009 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3096 CONGRESSIONAL RECORD — SENATE May 20, 2015 strong enforcement package and we are American,’’ because when they do, it under the law. The Supreme Court going to have it in June and it is going creates the opportunity for us to have should strike down this alarming over- to become law as part of the Customs more of those export value-added, high- reach by the President. If it does, that conference. productivity jobs that pay our workers will give Congress an opportunity to The Senate spent a lot of time yes- better wages and that strengthen our address some of the devastating prob- terday debating an important issue, middle class. lems the health care law has caused. which is the future of the Export-Im- It is going to be a busy day, and I It seems like every week we see an- port Bank. I want to thank my Pacific look forward to working, again, with other headline about another damaging Northwest colleague and friend Sen- both sides so Senators, whether they side effect of the President’s health ator CANTWELL for all of her leader- are for the TPA or whether they are care law. Here is one example from a ship—all of her leadership over the against it, feel they have a chance to story yesterday morning, the front years—in trying to renew the Export- raise their issues and be treated fairly. page of Investor’s Business Daily: Import Bank. She has been the one who With that, I yield the floor. ‘‘ObamaCare Rates Will Soar In 2016, has pointed out: If you have trade laws, The PRESIDING OFFICER. The Sen- Early Data Signal.’’ Average 18.16 per- which we are trying to promote with ator from Wyoming. cent hike proposed. It is an astonishing the trade promotion act, but you aren’t Mr. BARRASSO. Mr. President, I ask fact that people are facing—increasing using the tools that you need to get the unanimous consent to speak as in rates, soaring again in 2016. maximum value—wring the maximum morning business. Insurance companies that sell plans value out of those new laws—you are The PRESIDING OFFICER. Without in the ObamaCare exchange are start- missing opportunities that are impor- objection, it is so ordered. ing to set their rates for next year. tant for our Nation. So I urge the ma- NATIONAL SECURITY There are a series of articles that con- jority leader to work closely with Sen- Mr. BARRASSO. Mr. President, tinue to come out. One says that the ator CANTWELL to make that happen. today, President Obama is heading to top ObamaCare exchange insurers in Finally, I have been pleased to see a Connecticut, where I understand he is six different States where the 2016 rate robust debate on a number of issues, going to be addressing the graduates at requests have already been filed—and particularly issues that have been im- the Coast Guard Academy. He plans to they will come in every State—are portant to Senator WARREN and Sen- talk about threats to our national se- seeking rate changes that average 18.6 ator BROWN. What I have said from the curity. percent just next year alone. Early re- very beginning and what I am going to I think many Americans would be as- ports range from an alarming 36-per- be here all day working on is this: tonished to learn the President’s cent hike sought by the dominant in- There are Senators who feel strongly planned discussion on national security surer in Tennessee to a hefty 23-per- about promoting the trade promotion is going to center on climate change. cent average increase requested by Or- act; there are Senators who are op- After all, Americans understand there egon insurers. People across the coun- posed to it. I am obviously for the are much more immediate threats fac- try saw these rates go up at the begin- agreement, but every single day I am ing our Nation, such as the fall of ning of this year, and now they are fac- looking for opportunities for both sides Ramadi in Iraq and the brutal terrorist ing it again. They are starting to learn to be heard and to be able to advance attacks by ISIS. These are clear exam- that it was not just a 1-year deal. their ideas. It started long before we ples of the real threats that must be There is another story that came out actually had votes in the Senate Fi- addressed by President Obama. May 7 in the Connecticut Mirror. The nance Committee, and it is going to I would encourage the President to article says that insurance companies continue every single day that I have spend this time today addressing selling health plans through the the opportunity to serve in the Senate. America’s most pressing national secu- State’s health insurance exchange are These are important issues. I thought rity threats. The President and his na- seeking to raise rates next year, with it was particularly important that Sen- tional security team must deliver an average increase somewhere be- ator WARREN’s investor-state provision strong leadership and an effective tween 2 and nearly 14 percent. be able to get a vote early on in the strategy to fight the terrorists who You take a look; it is outrageous. proceeding—obviously an issue that want to attack our country and kill I know the Senator from Connecticut there has been great debate on—and more Americans. This should be the has come to the floor saying that we there are many more important focus of the President’s speech today. should be celebrating ObamaCare— amendments to this package. This should be our most pressing na- celebrating it, he said. Well, with these So I want colleagues on both sides of tional security concern. rate increases for families in Con- the aisle to know I am going to be here OBAMACARE necticut, it looks to me like the party throughout the day—throughout the Mr. President, I would also like to is over. ObamaCare was supposed to day—looking for ways that all Sen- talk about an important issue that is bring costs down. That is what the ators, whether they are for the agree- facing Americans and they will soon President promised. He said premiums ment or against the agreement, will need to be seeing, which is that next would go down by an average of $2,500 have an opportunity to have their pri- month the Supreme Court is expected per year, per family. It has not hap- orities considered on this trade legisla- to announce a decision in the case of pened. For an average family who gets tion. King v. Burwell. This is a case that has coverage through their work, the pre- I will just wrap up, colleagues, by been brought on behalf of millions of miums have gone up about $3,500 since way of saying that the reason this Americans who have been harmed by the President took office in 2009. issue is so important is we debate con- the President’s unlawful expansion of Why do we still see headlines about tinually about how to get more high- his unworkable and unaffordable premiums going up by 14 percent or wage jobs in our country. Continually health care law. even 2 percent? Why are they going up we debate that because we want higher Sometime before the end of June, the at all? Why are the promises Demo- wages for our constituents. The evi- Court is going to announce if the law crats made about the health care law dence is that trade jobs pay better than passed by Congress means what it says not coming true? Why are ObamaCare do the nontrade jobs. We need more of or if it means what the President wish- rates set to soar again in 2016? Why are them. es it had said. The law, written by people in places like Connecticut still There was a report this morning that Democrats in Congress, written behind seeing headlines about their costs my State has a significant trade sur- closed doors, only authorized insurance going up by 14 percent? plus, and we are very proud of that. subsidies for one group, and the Presi- A few weeks ago, the Democratic There are other States that don’t. Let’s dent had the IRS pay subsidies to an- leader said on the floor that promote legislation that allows us to other group. ObamaCare is a ‘‘smashing success.’’ secure more exports, particularly in The President gave bureaucrats He stood right over there and said it— the developing world, where there are much more power to control the health it is a ‘‘smashing success.’’ Is there a going to be a billion middle-class con- care choices and decisions of people Democrat who thinks that a 14-percent sumers in 2025. We want them to ‘‘Buy who never should have been caught increase to families in Connecticut is a

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.011 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3097 smashing success or that an 18.6-per- most people who are considered under- equipment was pulled up out of that cent average across the country is a insured. factory, leaving a big hole, and shipped smashing success? Doubled. The number of underinsured overseas. That is what happened. We We are going to see this same story people under the health care law has lost our factories. We lost our jobs. about soaring insurance rates repeated now doubled. There has been a lot of discussion all across America. And it is not just People are paying more as a result of that this is a new trade agreement, the ObamaCare premiums that are the Democrats’ health care law, and that it establishes enforceable stand- causing problems for families. Here is a they are going to be paying even more ards for labor. Well, perhaps the single headline from the Washington Post on next year and the year after that until most important standard is minimum Friday: ‘‘Insured, but still not able to we are able to do something to stop it. wage. Minimum wage is about resisting afford care.’’ Republicans are offering real solu- the full exploitation of workers, the ‘‘For one in four who bought health tions that will end these destructive full race to the bottom. So, of course, coverage, some costs remained too and expensive ObamaCare side effects. I am sure the proponents would say: high.’’ So they have insurance, but That means giving Americans and giv- Well, of course we have addressed that. they are still not able to get care. Peo- ing States the freedom, the choice, and That is central. That is the central in- ple who have insurance have been the control over their health care deci- gredient, is to make sure that there is avoiding going to see the doctor. That sions once again. Republicans under- not a race to the bottom and that we is according to a new study by the lib- stand that coverage does not equal address the fact that every nation that eral advocacy group called Families care. Republicans understand what will be part of this agreement will have USA. This was an advocacy group who American families were asking for be- to have a minimum wage, a minimum was a huge supporter of the President’s fore this health care law was ever wage that rises over time, a minimum health care law and a huge supporter of passed. That is what they are still ask- wage that provides a basic standard of the President. Even this group has to ing for today. living so that we do not have condi- admit that coverage does not equal It is time for Democrats to admit tions of full exploitation, miserable care. There is a difference. The group’s that their health care law did not sweatshops, if you will, that are pro- executive director is quoted in this ar- work—it did not work out the way they ducing the goods we are buying here in ticle in the Washington Post as saying, promised—and to start working with America under this agreement. ‘‘The key culprit as to why people have Republicans on reforms that will give So it may come as a shock to people been unable to afford medical care de- people the care they need from a doctor across America that this most funda- spite coverage is high deductibles.’’ they choose at lower costs. mental standard of minimum wage is Well, I agree. Many people’s I yield the floor. not addressed in this agreement. deductibles are too high. The reason The PRESIDING OFFICER. The Sen- What do we have right now? We have the deductibles have gotten so high and ator from Oregon. 12 countries. We have two countries— so out of hand all of a sudden is that Mr. MERKLEY. Mr. President, re- Brunei and Singapore—with no min- the health care law included so many turning to the conversation about imum-wage standard at all. Then we coverage mandates. trade policy and its impact on Amer- have Mexico at 66 cents and Vietnam— Democrats who voted for this said ican workers and businesses, President for Vietnam, they set a monthly min- they know better than the people at Kennedy once said, ‘‘The trade of a na- imum wage and they set it regionally. home what kind of insurance they tion expresses, in a very concrete way, So the number varies according to how need. That is what the President said. its aim and its aspirations.’’ Well, what you calculate it. Some would call it 57 The President said: I know better than are our aims and aspirations in cents; others would say 74 cents. Let’s you do. I know what your family needs. crafting a new trade structure? The just put it this way: The minimum You do not. That is why the President says that his aim and aspira- wage in Vietnam is way under $1 per deductibles are so high. Insurance had tion is to be the writer of rules for hour. In Malaysia, it is $1.54; Peru, to raise their premiums to cover the trade in Asia. I have a different aspira- $1.55; Chile, $2.25. cost of all these new Washington man- tion. My aspiration is that we create So does this Trans-Pacific Partner- dates. They had to raise deductibles as trade that creates living-wage jobs in ship have a requirement that there be well. This year, the average deductible America, that puts people to work a minimum wage that will rise up for an ObamaCare Silver Plan is almost making things in America. If we don’t workers and stop these sweatshops $3,000 for a single person and more than make things in America, we will not across the world so that we are not $6,000 for a family. have a middle class in America. buying products from sweatshops with People have Washington-mandated So as we contemplate a massive new miserable, slave-like conditions? It coverage, but they still cannot afford trade deal, the Trans-Pacific Partner- does not. It has no such provision. It to get care. So people are putting off ship, and the bill before us to fast- has no minimum wage, which leads us going to the doctor. They are skipping track consideration of that Trans-Pa- to another fundamental observation. tests. They are skipping followup care cific Partnership, we should ask our- What this trade agreement does is set because of the high deductibles and selves this question: Is this about our up a dynamic between these very low copays. Why are people across the geostrategic goal of being the leader in wage countries and countries that are country having to put off getting care? writing the rules or is it about writing developed and aspiring to create living- Because they cannot afford it. Is that rules that actually work for working wage jobs here. But what happens when what Democrats mean when they say Americans? Because, you see, working you have manufacturing in these high- the law has been a smashing success, America has done very poorly under wage countries, high-environmental- when the minority leader comes to the this goal of geostrategic influence. Oh, standard countries, high-labor-stand- floor and says it is a smashing success? yeah, we had NAFTA, the North Amer- ard countries and high-enforcement All across the country, Americans are ican Free Trade Agreement. We had countries and the manufacturer looks struggling with the cost of health care CAFTA, the Central American Free out and sees a competitor, in a free- under this health care law. Trade Agreement. What was the result trade regime, in these very low-wage, There was a study out this morning. of that? Well, we lost 5 million jobs in low-labor, low-environmental, and low- In the paper The Hill, Sarah Ferris America. We lost 5 million jobs. enforcement countries? Well, it is obvi- writes: We lost 50,000 factories. If you go ous: The manufacturing migrates to ‘‘Underinsured’’ population has doubled in around Oregon, you can see those fac- the place that is the cheapest. That is the United States to 31 million. One-quarter of people with healthcare cov- tory sites. I recently visited the Blue the way free enterprise works—it goes erage are paying so much for deductibles and Heron site. Just a few years ago, there to where you can make the most profit. out-of-pocket expenses that they are consid- were hundreds of workers at the Blue So it is not some absurd, unexpected ered underinsured. Heron paper factory, but under the result that NAFTA resulted in the loss Thirty-one million Americans. structure of one trade agreement— of 5 million good-paying jobs in Amer- Rising deductibles—even under WTO—those jobs went to China. Paper ica. It is not some unexpected result ObamaCare—are the biggest problem for manufacturing went to China. The that we lost 50,000 factories.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.013 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3098 CONGRESSIONAL RECORD — SENATE May 20, 2015 When he was campaigning for Presi- one is not enforcing. Ultimately, they Yesterday, I came to the floor and I dent, Ross Perot said: If you adopt can file a case. That case can take tried to pull up amendments. We are NAFTA, you will hear the sound of the years and years and years to adju- being told the leaders on this bill want jobs leaving America. dicate, and it never gets done. to choose, pluck, and pick just the Well, that is exactly what happened— The number of labor standard en- amendments they want to allow to be exactly what happened. forcement actions that have been com- debated, unlike in the past, where we So is it a fact that this new-genera- pleted is zero. The number of environ- have had a situation where people have tion trade agreement actually address mental enforcement standards that been invited to come to the floor and this core problem? Well, the answer is, have been completed is zero—zero, make their amendments pending, and it does not. It does not do anything to zero. So if we take a broken system then we worked through those amend- address this disparity between very low from existing trade treaties and slip it ments. So we spent time addressing the wages and prosperous countries. This is into a new trade treaty, what is the ex- issues that Senators thought were im- going to be, as Ross Perot put it, an- pected result? No enforcement of these portant. That is a robust and open other situation with a giant sucking standards. All the parties know that. process. sound of jobs leaving America. They can put these laws on the books, But despite the promises of the ma- Proponents of this treaty say: Well, but there is not going to be enforce- jority leader for an open and robust we have done something very signifi- ment. amendment process, we do not have cant. We have taken the labor and en- There is one case—one case alone— that. We have a behind-the-scenes ne- vironmental side agreements and we that we have sought to proceed to en- gotiation with amendments picked and have put them in the center of the force and that is with Guatemala. With plucked according to what the pro- agreement. This is pretty much like Guatemala, they have massive labor ponents of this deal want to have, and moving deck chairs on the Titanic. You violations. They are not making the the rest of us are out in the cold. move them from one location to an- slightest attempt to follow the ILO. We So I have these four amendments other location. How does that change held consultations, more consultations, that I would be happy to pull up at any the outcome? Well, it doesn’t. It just and more consultations, and finally time that is allowed. I already tried means they are printed in a different filed a case. It has gone on and on and yesterday, so I will not try to do it part of the text. That is not very good on and never gotten to a conclusion. So again, but let me tell you the types of news, if you will, to workers across the we still have zero, zero enforcement. things they address. One is it takes on United States of America who have Now, one reason it doesn’t get to a the core deficiency in the Trans-Pacific been assured there is something fun- conclusion is because there is no en- Partnership, which is that it does not damentally different about this agree- thusiasm behind any form of enforce- have any minimum wage. So it simply ment, and why is that? First, our gov- ment. says: These labor standards and these envi- ernment says: Well, if we try to enforce FOR AGREEMENTS THAT SUBJECT ronmental standards that are in the it, it will create ripples in the relation- UNITED STATES WORKERS TO UNFAIR agreement—we have heard a lot about ship. That country will be upset with COMPETITION ON THE BASIS OF WAGES.—The trade authorities procedures enforcement, and there is nothing new us if we try to enforce a labor standard and an environmental standard. shall not apply to an implementing bill sub- to enforce in these labor and environ- Then, second, they will say: No, there mitted with respect to a trade agreement en- mental standards. be will retaliation. They will file suits tered into under section 103(b) unless the I want to take a little detour here be- agreement— against us, and we will have to spend cause there are some important en- (A) establishes a minimum wage that each all this time responding, and what is forcement standards that my col- party to the agreement is required to estab- the point of that. That is unproductive. leagues have put forward. My colleague lish and maintain before the trade agree- We say they are not meeting it. They ment is implemented; and— from Oregon has put forward the EN- say we are not meeting it. So it is not something that is done FORCE Act. This is important for en- Then, third, and very importantly, down the road; it is done before it is forcing tariffs. This is important for the companies that have invested implemented. Second— enforcing the movement of goods ille- under that trade agreement in that na- gally through third parties in order to (B) stipulates that the minimum wage re- tion, they come out and tell the gov- quired for each party to the agreement in- bypass tariffs in the United States. ernment: What are you doing? The goal crease over time, to continuously reduce the That is a good step forward, but that of the trade agreement was to create a disparity between the lowest and highest does not address the core of this issue stable environment for investments. minimum wages [in these very low countries which is enforcement of the labor and You are destabilizing that by filing a and these very high countries]. environmental standards. grievance against this country, so Now, currently, the disparity of the Now, we have the same basic stand- don’t do it. In the end, if you ever got minimum wage between the United ards in various trade agreements, and to an enforcement action, well, that States and Mexico is about tenfold. they are never enforced because there would hurt us because we put our fac- Here we are: Mexico at 66 cents, the is no effective mechanism for enforce- tory there, and now we would be sub- United States at over $7. Mexico’s min- ment. Let me expand a little bit on ject to tariffs. imum wage is 9 percent of our min- what has gone on and then point out So this combination means that imum wage—one-tenth. that nothing has been done to fix it. structure is completely dysfunctional, So, of course, it made sense that fac- You essentially have a set of standards and that structure is exactly what is in tories would be shipped from the and these standards are the Inter- TPP. So this is why we are coming for- United States to Mexico. Not only do national Labor Organization standards, ward and saying now is the time to you have poor enforcement, poor envi- ILO standards. These ILO standards ad- fully debate how we tackle this prob- ronmental standards that are not en- dress a series of things. These ILO lem so we can stop pontificating about forced, but you have a minimum wage standards are things such as child strong labor and environmental stand- that is one-tenth of what it is in the labor. That is a bad idea. It should ards and actually have a structure that United States. stop. It addresses that union orga- creates that within the 12 nations that So I don’t specify in this amendment nizing should be allowed, and that is a are considered being part of TPP. So that the minimum wage has to be set good thing. So the standards them- that is the distinction. at any particular level. That can be the selves are solid and respectable. Significant, valuable attention is subject of the negotiations. I don’t But when a nation becomes part of being paid to enforcement of tariffs specify that it has to be raised by 10 the trade agreement, how do you have and efforts to bypass through third- percent a year to narrow the difference them enforce those standards. That is party shipments, our Customs struc- between the very low countries and the what is missing—no enforcement for ture—and that is important. But the higher countries so we reduce the dis- these standards. labor standards and the environmental parity. There is a government-to-govern- standards, enforcement is zero, and This is like taking a playing field ment process for consultations when that same broken system is being im- that is tilted 10 to 1 against the work- the United States is upset that some- ported into the TPP. ers of the United States of America—10

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.014 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3099 to 1. It is not close to a level playing with Vietnam, that there should be a conflict of interest standard? They field. The American minimum wage is minimum wage so we can stop the race could be the advocates on one case and more than 10 times the Mexican min- to the bottom, and it should be gradu- the judge on the next. That is really imum wage. It is a 10-to-1 disadvantage ally raised to decrease the disparity. not in accordance with our norms of ju- to American workers. That is an issue worthy of debate, dicial conduct. So we aren’t even re- That is what we are talking about— but I can’t get that debate onto this quiring our norms of judicial conduct the proponents are talking about—em- floor because the proponents don’t to be applied to this international tri- bedding into this trade agreement. So I want to allow debates on these amend- bunal. am suggesting: OK. At a minimum, the ments. They just want to choose and Furthermore, when we pass at the negotiated process, where that playing pick the subjects that they want to State or local or national level laws de- field is gradually brought to a more allow to be debated rather than the signed to protect the health and safety level situation, where the disparity is ones the Senators want to allow to be of our citizens, foreign investors are decreased, shouldn’t that be a primary debated. That is not a robust and open granted special privileges under this negotiating objective of the United amendment process. agreement because they can file and States in these agreements? Aren’t we Now, there is another flaw in this say: Your laws for consumer protection right now talking about explaining to TPA, which is it has negotiating objec- or the health and welfare of your citi- the administration what they should tives. An objective is simply a wish, a zens or to take on significant environ- negotiate in this agreement? hope, it is a desire, it is an inclination, mental hazards have hurt our invest- My colleague from Utah spoke ear- but an objective is not an actual provi- ment, and we want to be compensated. lier about the provision regarding cur- sion. That is just wrong. Sure, if there was rency manipulation and explained why So we can say all the beautiful things an unfair expropriation of someone’s he thought it would be unproductive to we want about what our objectives assets, that is judicable under Amer- have it here—while it is very impor- should be, but instead we should be ican law. It doesn’t require an inter- tant—unproductive to have the amend- asking, What are the standards? What national tribunal. ment that SHAHEEN and PORTMAN, my are the standards that need to be in a But what about when something is colleagues, are presenting. But that is treaty that are brought back in order done for the safety and wellness of our the purpose of this debate on the floor, to benefit from fast-track? What are citizens? Take, for example, asbestos. to allow that amendment to be called the actual standards that should be in We tried to regulate asbestos in 1991. It up, to hear the views for it, to hear the an agreement that is brought back to was the last time any toxic chemical views against it, and to lay out our vi- the Senate under fast-track—because was considered under the Toxic Chemi- sion to the administration. fast-track gets special privileges on the cals Act. We have done nothing in the Now, my colleague has pointed out floor of the Senate. intervening years. But let’s say we get that the administration has said it will So setting an objective doesn’t do the over the hurdles that existed in 1991, not accept establishing a goal of en- work because it doesn’t define what and we have a new law, a new process, forceable currency manipulation provi- will come back to this body under this such as has been debated in the Com- sions. Why is that? I can tell you be- special privilege. We should convert mittee on Environment and Public cause the administration told me. They those objectives into actual require- Works. That bill had bipartisan sup- said, if we had put this on the table in ments. That is what one of my amend- port. If we create that structure and we the beginning, then we could probably ments does. regulate asbestos, now the foreign in- raise it and have it be part of the con- Then we can turn to the situation vestor says: Oh, we have an asbestos versation. But, you see, we have al- where the TPA has another deep flaw factory so you have to compensate us. ready negotiated this agreement. It is that many have pointed out that hasn’t That is a privilege that the domestic— 95 to 98 percent done, and so we can’t been addressed, and this deep flaw is it the United States; the red, white, and possibly introduce something new into sets up an international tribunal, an blue—investor would not have. this process. That would disrupt all the international tribunal that can essen- Let’s say we regulate e-cigarettes— groundwork we have laid. tially assess fines on our local govern- an effort by the tobacco company to So this is where the cart came before ment, it can assess fines on our State addict our children to become lifetime the horse. The treaty was negotiated government, it can assess fines on the users of nicotine and to do so through without consultation with Congress U.S. Government, unless our local gov- fancy flavors—chocolate, strawberry, about what should be in it. We all un- ernment or the State government or cotton candy, and every candy flavor derstand currency manipulation is a the Federal Government change their on Earth. You name it, they have a fla- form of tariff. It is a form of tariff and laws. vor of e-cigarette liquid designed to ad- subsidy. Establishing a judicial organization dict our children. So let’s say we ban When I came into the Senate, China’s with no accountability to the U.S. judi- that, and the foreign investor gets spe- currency manipulation was calculated ciary, that is a grant of sovereignty. cial privileges because they say: Oh, to be equal to a 25-percent tariff on That is our courts’ sovereignty being well, I set up a factory, and I was going American products going to China and shipped to a tribunal of three corporate to make $1 billion over the next 20 a 25-percent subsidy to Chinese prod- lawyers who get to decide whether years, so I need $1 billion of compensa- ucts coming to the United States. Well, there are massive fines levied against tion. that is a huge tariff. Combine the two our local, State, and national govern- That is the type of structure that is together—50 percent differential. That ments. Well, that is certainly some- embedded in here. So at a minimum, I is not fair and appropriate in a trade thing that should be deeply concerning think this international tribunal agreement that was supposed to re- to us. should be opt-in. If we want to attract duce—under the WTO—barriers. No. So Now, the goal of this was to have investment and we have a poor judicial we know it is a problem. Why not fix some sort of judicial process substitute system, opt in to this substitute to en- it, why not address it, why not debate in countries that have a dysfunctional courage investment. Maybe that is a it, why not discuss it, and why not judicial process, and thereby encourage win-win for a country with a poor judi- struggle to find a solution. That is international investment. So you could cial system and an investor who wants what Senators SHAHEEN and PORTMAN have a situation where Vietnam and a strong way to make sure their rights are saying; that that is an important Malaysia would say: We know our judi- are protected. But the United States element related to this unbalanced sit- cial organization is corrupt or dysfunc- would not opt in because we don’t have uation that is going to remove jobs tional, so we will opt in for this dispute a dysfunctional judicial system. from the United States. resolution structure because we want Here is an even more narrow provi- Now, I am pointing out another defi- investment to come to our country. sion. This narrow provision talks about ciency; that is, that there is no min- But why would we give away U.S. judi- when we do laws at the local, State or imum wage, that we are starting out cial powers to an international tri- Federal level that are about consumer with a 10-to-1 differential with Mexico, bunal of three corporate lawyers—cor- protections and wealth-stripping preda- approximately a 10-to-1 differential porate lawyers for whom there is no tory loans. For example, we ended

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No, we when I say we are giving the sov- In 2008, it was the big food producers are ending predatory wealth- stripping ereignty of our judicial branch away to led by the Grocery Manufacturers As- practices and replacing them with fair- an international tribunal of corporate sociation, because, presumably, in our er, 30-year amortizing mortgages with lawyers who can make decisions that economy, in our society, grocery man- full disclosure and no kickbacks, which affect our fundamental rights. That is ufacturers have more prestige than Big were allowed under the previous law. simply wrong. We must fix this. Oil. In 2010 and 2012, it was global inte- They were called steering payments. So I have an amendment that I would grated meat producers, led by Smith- We ended steering payments. like to hear debated on this floor. Oth- field Foods and the American Meat In- Or on this issue of e-cigarettes, we ers may disagree with me. We have stitute, presumably because they have are ending an effort to directly addict been elected to carry our views for- more prestige than Big Oil. our children, which is terrible for their ward. There will be people here saying: The opinion piece I am referring to in health and certainly terrible for the No, it is fine we strip consumers of the the Wall Street Journal this time was cost of our health care system. It is a ability to know where their meat is written by the head of the National lose-lose. We should be regulating it. grown. It is fine to strip consumers of Chicken Council and the National We passed a law to regulate it, but we the knowledge of what ingredients Council of Chain Restaurants. And just have never gotten the regulations have gone into their milk, if milk is under these circumstances, compared done. The FDA has now completed imported, and so on and so forth. But I to the other two instances I cited, those regulations. They have shipped fundamentally disagree. I want to see there is really no difference. They have them to OMB—Office of Management us debate. prestige that Big Oil doesn’t have. This article makes many of the same and Budget. We hope someday that reg- We are here to debate, so let us get erroneous and intellectually dishonest ulation will be in place. When it is in these amendments up. Let us debate claims we have heard dozens of times place, a foreign investor should not them, and let us quit stalling. Let us before, and I am going to take this op- have special privileges to be com- quit engaging in this process of trying portunity to do a simple fact-check of pensated because we are protecting our to rush this through in a manner where these fundamental issues have not been some of the most egregious claims. citizens. First, these two authors claim that addressed—fundamental issues such as Therefore, we should carve out and since 2005, when the renewable fuel the fact that there is no minimum say that our laws related to the envi- standard was first adopted, costs of ronment and public health and con- wage in this agreement, and that the vital food commodities, including corn, sumer protection cannot be the subject playing field is tilted deeply against grains, oilseeds, poultry, meat, eggs of ISDS—that is the name of the tri- manufacturing in America; funda- and dairy have risen dramatically. bunal, ISDS—attacks. mental issues such as that there are This is pure myth. The fact is con- Then let us look at basic consumer negotiating objectives that should be sumer food prices have increased by an information, such as the labeling of negotiating requirements for a bill to annual rate of 2.68 percent since 2005. products. A lot of manufacturers don’t have the privilege of getting fast-track In contrast, food prices increased by an like it when products are labeled. They here on the floor of the Senate; funda- average of 3.47 percent in the 25 years consider that labeling might have in- mental issues such as that we should leading up to passage of the renewable formation that might be prejudicial be- not have our environmental, public fuel standard in 2005. Prices for chicken cause consumers might prefer the con- health, and consumer laws subject to breasts have been nearly flat over the tent of one product, when honestly la- an international tribunal; fundamental past 7 years, averaging $3.43 per pound beled, over the product of another. issues such as Americans having the in 2007 and just 3 pennies more, to $3.46 We had a law in Oregon that took on right to label their products the way per pound, in 2014. Corn prices are ex- growth hormones in milk. The basic they decide, according to their stat- pected to average $3.50 per bushel this compromise was that we printed on utes, and not have that overruled by an year, according to the Department of every package of milk. If it had growth international group. Agriculture. This would be the lowest hormones, it had to say it contained I would love to see this Senate func- price in nearly 10 years and 17 percent growth hormones; and then there was a tion and to actually debate these below the average price of $4.20 a bush- little clause saying it was not shown to amendments. I hope that happens. And el in 2007 when the renewable fuel have ill health effects. But consumers any effort to shove this bill through standard was enacted. wanted to choose the milk that didn’t without having those types of debates That is a fact. With ethanol produc- have the growth hormones in it. That is certainly not the open and robust tion at record levels today, corn prices was the value of labeling. It empowered amendment process that was promised are lower now than they were in 2007. choice by the consumer, by the individ- by the majority leader. But I don’t know how many times over uals exercising their rights as to what I yield the floor. the last several years I have listened to they put into their body, their right as The PRESIDING OFFICER (Mr. SUL- this business about ethanol causing to what they feed their children. LIVAN). The Senator from Iowa. corn prices to go up and food prices We have a very similar situation RENEWABLE FUEL STANDARD would go up. And food prices went up. with regard to meat. Americans often Mr. GRASSLEY. Mr. President, while But when corn is $3.50, we don’t see want to know whether their meat was reading through the pages of the Wall food prices come down. It has been made or grown in America. So we have Street Journal last week, I was over- proven time and again by the EPA, by a law called COOL—country-of-origin come with a sense of de´ja` vu. As many the USDA, and others: There is no cor- labeling. Well, COOL is very well re- of my colleagues have heard me speak relation between corn prices or ethanol ceived. People like to choose meat on the Senate floor many times each production and retail food inflation or grown in America. Not everyone cares, year over the last several years about food prices. Once again, that is just a but some do. That is their right. They ethanol and about misconceptions simple fact. know there are different standards for about that, these misconceptions Second, these authors claim that as a how animals are treated overseas. showed up in an op-ed piece in the Wall result of the renewable fuel standard, There are different rules for what type Street Journal last week. corn is being ‘‘diverted’’ from livestock of ingredients go into the feed in other Once again, in this case it happens to feed to ethanol. Again, this claim is nations. So wanting to support good be chain restaurants and chicken pro- pure falsehood. Corn used for ethanol practices, they might choose American ducers teaming up to smear home- has come from the significant increase meat. Wanting to support something grown biofuel producers at the expense in corn production since 2005. In 2005, healthy for their children, they might of energy independence and cleaner air. American farmers produced 11.1 billion want to choose American meat. It seems as if every couple of years bushels of corn. In 2014, they produced And what just happened this week? food producers and grocery manufac- 14.1 billion bushels of corn. Why? Be- Well, one of these tribunals, in a dif- turers team up with Big Oil to try to cause the market responds and the

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The amount of corn and would be forced to pass those higher when we have biofuels that come right corn coproducts available for feed use costs on to consumers immediately. As out of the Midwest of the United is larger today than at any time in his- I have hinted before, today the price of States. tory. So it is hardly being diverted. corn is $3.50—less than half of what it Our country needs a true ‘‘all of the But time after time, a prestigious was; in fact, $1 below the cost of pro- above’’ energy policy, as we all talk newspaper such as the Wall Street duction. about, and biofuels are an important Journal continues to tell the people of With lower corn prices, have con- component of that policy. this country that 40 percent of corn sumers seen a dramatic reduction in Do you know what is really wrong production goes to make ethanol. They retail food prices? In other words, are with people who sometimes talk about are right—40 percent goes to the eth- the benefits of lower grain prices being ‘‘all of the above,’’ the way I see it, anol plant. But out of a 56-pound bush- passed on to the consumer by Big from different segments of energy? el of corn, 18 pounds is left over for ani- Food? Obviously not. Ask any person There are people who say they are for mal feed—and very efficient animal shopping in the grocery stores. Corn ‘‘all of the above,’’ but they are for feed, let me say, badly in need and wel- prices have come down by more than none of the below the ground. And then comed by farmers. In fact, some of it is half in the past 21⁄2 years, so why are there are people who say they are for even exported. But does the Wall food producers holding prices steady or ‘‘all of the above,’’ but they are for all Street Journal ever make that clear, even increasing them? We accuse Big below the ground but not the things that it isn’t 40 percent of corn that is Oil of gouging. Isn’t it about time, with that come from above the ground, such used for ethanol; it is 26 percent or 27 $3.50 corn, that we accuse Big Food of as solar energy producing corn that percent that is used for ethanol? So, price gouging? produces ethanol, as an example, or just as I said, corn is not being di- The fact is, domestic renewable fuel wind. verted. producers are feeding and fueling the The same can be said for their mis- In 2005 and again in 2007, the Federal world at the same time. The 14.3 billion leading claim that ethanol production Government made a commitment to gallons of ethanol that was produced in has contributed to global food scarcity. homegrown renewable energy when the United States could more than dis- In the 15 years prior to the enactment Congress passed the renewable fuel place the gasoline refined from all of of the renewable fuel standard in 2005, standard. The policy is working. I in- the oil imported from Saudi Arabia. U.S. corn exports averaged 1.8 billion tend to defend all attacks against this And where would we rather get our en- bushels per year. In the 10 years since successful program, whether they come ergy from—volatile parts of the Middle the renewable fuel standard’s passage, from Big Oil, the EPA, Big Food, Big East or producers right here in the corn exports have averaged yet more— Restaurant, or others. United States? And I say that not only not a whole lot more but 1.84 billion Secondly, I tried to do some fact- bushels. So with 14.33 billion gallons of for ethanol; I say that for oil, I say checking by Mr. BROWN and Mr. GREEN, corn ethanol, corn exports are slightly that for coal, I say that for nuclear, who wrote that article, and I am not higher than they were prior to the re- and I say that for all sorts of alter- very good at saying exactly whether newable fuel standard. native energy. they ought to have one Pinocchio or Another fact-check: The authors of We should be proud of our Nation’s four, but they ought to look at having the opinion piece also claim that corn farmers and biofuel producers. Effi- a Pinocchio because they are wrong on ethanol has resulted in a significant in- ciencies gained have allowed farmers so many instances. crease in the volatility of food costs, to produce ever-increasing yields, with Mr. President, I ask unanimous con- which has left prices higher, they say. greater environmental stewardship, in- sent to have printed in the RECORD the So I looked into the average food infla- cluding using less water and less fer- article from the Wall Street Journal. tion going back to 1970. During the tilizer. Ethanol production has also There being no objection, the mate- 1970s, food inflation averaged 7.8 per- seen efficiency gains. rial was ordered to be printed in the cent. In the 1980s, it was 4.6 percent. In These are facts: In 1982, 1 bushel of RECORD, as follows: the 1990s, it was 2.8 percent. In the corn produced about 2.5 gallons of eth- [From the Wall Street Journal, May 15, 2015] anol. Today’s ethanol plants are pro- 2000s, it was 2.9 percent. So far this dec- PAYING FOR ETHANOL AT THE PUMP AND ON ducing more than 2.8 billion gallons of ade, it has been 2.2 percent—or the low- THE PLATE ethanol. We have a plant in Ida Coun- est rate of increase at the same time (By Mike Brown and Rob Green) ty, IA, that can get almost 3 gallons of that we are producing record amounts What do a franchise owner of four chain of corn ethanol. ethanol from 1 bushel of corn. According to the U.S. Energy Infor- restaurants in Virginia, a food service dis- Finally, these two writers for the tributor in Ohio and a poultry farmer in chain restaurants and for the chicken mation Administration, if ethanol Kentucky have in common? They are all people claim that the increases in feed yields per bushel had remained at the small-business owners who work in local cost have affected the American pro- 1997 levels, it would have required 343 communities and help Americans put food on duction of beef, pork, and chicken. million bushels—or 7 percent more—of the table. They state that production had in- corn to produce the same amount of But they have also all felt the failure of creased consistently over the past 30 fuel last year. That corn would have re- the federal corn-ethanol mandate, known as the Renewable Fuel Standard. Congress years but has now leveled off due to the quired the use of 2.2 million additional acres—or approximately half the State doesn’t agree on much lately—but ending a higher cost of feed. failed policy that stymies small businesses, Again, this is nowhere near reality. of New Jersey—just to keep up when hurts the environment and increases food Let’s check the facts. The reality is we had the more inefficient production prices should be a bipartisan priority. that the Department of Agriculture is of ethanol. Since the RFS was implemented in 2005, projecting red meat and poultry pro- Homegrown biofuels are extending costs of vital food commodities, including duction of 95.2 billion pounds this our fuel supply and lowering prices at corn, grains and oilseeds, poultry, meat, eggs year—up 10 percent from 2005. More the pump for consumers. Biofuels ac- and dairy, have risen dramatically. Here’s growth is yet expected. The Depart- count for 10 percent of our transpor- one major reason: The federal government’s ment of Agriculture projects a produc- tation fuel today. This economic activ- corn-ethanol mandate requires that a per- centage of the nation’s corn crop be blended tion record of red meat and poultry in ity supports American farmers, rural into gasoline each year as ethanol. Every 2016, with 96.8 billion pounds—up 12 economies, and keeps the money at year the percentage required increases, di- percent from 2005. home rather than sending it abroad. verting more of the nation’s corn supply into Just a few years ago, when corn In recent years, our national security ethanol fuel. This harms the broader U.S. prices had peaked at more than $7.50 a and economic well-being have been too economy.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.019 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3102 CONGRESSIONAL RECORD — SENATE May 20, 2015 Before it hit consumers so hard, the federal Chris Kyle, a Texan whom Al Qaeda ple of a President whose policies are al- corn-ethanol mandate caused higher feed called ‘‘the Devil of Ramadi’’ and together rudderless in the Middle East, costs for poultry producers, cattle feeders, whose service was chronicled in the even as that region is riled with grow- dairy farmers and others in the food chain. book and the movie ‘‘American Snip- ing instability and grotesque violence. While food costs have always fluctuated due We can trace that to what happened in to unforeseeable factors like the weather, er,’’ and LTG Sean McFarland, whose the demand artificially created by the RFS soldiers implemented a brilliant coun- the area just a few years ago. I alluded has resulted in a significant increase in vola- terinsurgency strategy to win over the to this a moment ago. In 2011, after the tility, which has left prices higher. local population and drive out Al President ended negotiations with the Consider: Between 1973 and 2007, corn Qaeda in the process. Iraqis on a status of forces agreement, prices averaged $2.39 a bushel, according to By the way, we are proud to have the Obama administration proceeded the U.S. Agriculture Department. The aver- General McFarland today serving as with a misguided plan to pull the plug age price of corn jumped more than 110% be- commanding general of III Corps at on American presence in that country. tween 2008 and 2014, to $5.04 a bushel. Even Fort Hood, TX. In doing so, he squandered the blood though corn prices have recently declined and treasure of Americans who fought thanks to fabulous weather that produced ISIL’s latest raid and capture of two consecutive bumper crops, prices are Ramadi is a significant setback for all to give the people of Iraq a chance. still more than 59% higher than the histor- of us who seek a stable and prosperous While it is true that the Iraqis had ical average. Prices could surge even higher Iraq, and it represents this terrorist not agreed to the U.S. conditions to an if the U.S. experiences anything less than army’s biggest military victory this enduring American presence, including ideal weather. year. legal immunity for our troops, this ad- The resulting increases in feed costs have Reports of the ISIL takeover of ministration gave up and failed to ex- also affected the American production of Ramadi are staggering. Faced with the pend the political capital necessary to beef, pork and chicken, which had increased secure a status of forces agreement and consistently over the past 30 years but has oncoming ISIL forces, hundreds of Ramadi police and security officials to preserve the security gains we had now leveled off due to the higher cost of feed. made together with our allies in Iraq. As a result, a 2012 study by Pricewaterhouse fled the city, leaving behind American- Coopers estimates that the RFS costs chain made military equipment, including as As a result, those security gains made restaurants $3.2 billion every year in in- many as 50 vehicles, now in the hands in many areas of Iraq since the height creased food commodity costs. of our enemies. Those who managed to of the violence in 2005 and 2006 have Then there are restaurants. Wholesale food escape reported that many security of- since evaporated. prices have outpaced the consumer price In 2012, as terrorist groups were ficials, government workers, and even index by more than a full percentage point flourishing in Syria, the President re- civilians were quickly killed execution- since the implementation of the RFS. In fused to initiate a program to arm vet- style. many instances, especially in the restaurant ted moderate Syrian rebels, dis- In response, the Iraqi Government sector, small business owners are not able to regarding the recommendations made pass on higher retail prices to consumers be- deployed its Shiite paramilitary troops by his most senior advisers, including cause of market competition—a concept that to the province—a move that some ex- then-CIA Director David Petraeus, the corn-ethanol industry is unfamiliar with perts believe could lead to even more then-Secretary of State Hillary Clin- thanks to a government quota. sectarian strife. The Iraqis are looking As if this were not enough, ethanol produc- ton, Joint Chiefs of Staff Martin for support almost anywhere they can tion has contributed to global food scarcity Dempsey, and then-Secretary of De- get it, and in the vacuum left by Presi- and hunger. No country exports more corn fense Leon Panetta. He rejected the ad- than the U.S., but about 40% is ending up in dent Obama’s poor leadership and inde- vice from his most senior national se- gas tanks, not on the world market. So much cision, Iran is more than happy to fill curity adviser. Instead, the President corn has been blended into gasoline that the that vacuum and take up the slack. It higher percentage levels routinely render publicly remarked in January of last should come as no surprise that on year that ISIL was the JV team of ter- boat engines, motorcycles, chain saws and Monday, the day after the fall of older automobiles inoperable. rorist groups. And just a few months Fortunately, lawmakers in Congress see Ramadi, Iran’s Defense Minister ar- ago, President Obama boldly said that the chicken producer, the food service dis- rived in Baghdad to hold consultations ISIL was ‘‘on the defensive.’’ Let me tributor, the restaurant owner and others in with the Iraqi Ministry of Defense. repeat that. Just a few months ago, the food chain for what they are: major con- Obviously, I am frustrated by the President Obama claimed ISIL was ‘‘on tributors to the U.S. economy. Legislation President’s lack of leadership and by the defensive.’’ That is not exactly the has been introduced in both the House and the Obama administration’s failure to case today, nor was it really then. That the Senate this year to repeal the RFS corn- put together a strong and cohesive ethanol mandate, with broad bipartisan sup- is not exactly the kind of leadership we strategy to combat ISIL, but it is more need from our Commander in Chief. port. Congress should take up this legisla- serious than that. It is about what we tion and send it to the president’s desk. By giving our troops a difficult mis- The food industry isn’t anti-ethanol. Re- have squandered in Iraq, what we sion to degrade and ultimately destroy pealing the fuel standard would simply re- bought with the blood of Americans ISIL but not providing them with the quire the ethanol industry to compete in the and the money that came out of the strategy and the resources they need to marketplace just like restaurants, food dis- pockets of American citizens. do so, the President is essentially mak- tributors and chicken farmers do every day— Since ISIL began taking large swaths ing them operate with one more hand without a government mandate guaranteeing of territory last summer, this adminis- secure and growing sales. tied behind their back. We know we tration has taken an approach of paral- have the most capable military in the I yield the floor. ysis by analysis—in other words, doing world, but we cannot win a fight with The PRESIDING OFFICER. The ma- nothing. When they do take action, it our hands tied behind our backs or jority whip. seems ad hoc and piecemeal and not with these constraints—politically cor- THE PRESIDENT’S LEADERSHIP AND ISIL driven by overarching objectives or any rect constraints—the President wants Mr. CORNYN. Mr. President, I come strategy that is apparent to me. to make and not commit the resources to the floor today to talk about the I am not the only one who believes and the strategy and the focus we need latest example of President Obama’s we do not have a strategy in the Middle in order to win. So I hope the President failure to lead in the international East. This President’s own former Sec- will reconsider after this latest dra- arena, to the detriment of our national retary of Defense, Bob Gates, said yes- matic setback in Ramadi. I hope Presi- security and the security of our allies. terday: ‘‘We’re basically sort of playing dent Obama will provide us with a Over the weekend, the Iraqi city of this [instability in the Middle East] strategy to degrade and destroy ISIL. Ramadi in Anbar Province—which is day to day.’’ After affirming his belief In Ramadi—a major city and capital about 70 miles from Baghdad—fell to that we have enduring interests in the of Iraq’s largest province—we see much ISIL. Once a hotbed of Al Qaeda activ- region, Secretary Gates then added: more than just a symbolic setback, and ity, Ramadi had been won back and ‘‘But I certainly don’t think we have a I bet Chairman Dempsey wishes he pacified at great costs in 2006 and 2007. strategy.’’ I could not agree more with could take those words back—he called That accomplishment was made pos- him. it merely symbolic. sible due to the heroic efforts of some Unfortunately, this takeover of We see a dangerous development and great Americans, such as Navy SEAL Ramadi serves as just the latest exam- a great obstacle to a more stable Iraq

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.001 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3103 and thus a more stable Middle East. port the basic tools the American peo- This is an issue we are passionate But this is what gets to me: We had ple want to see when it comes to trade. about, and I stand with Senator CANT- more than 1,000 brave American troops They want to know that if they lose WELL from Washington and support die in Anbar Province during combat their jobs, they can get retrained. They her. Until we know there is a path for- operations since 2003. I do not want to want to know that if export markets ward and that the charter for the Ex- see their lives having been given in are open, they will have some ability Im Bank will not expire, that we will vain and squandered. So I hope that to sell their products to those devel- not play chicken with our economy and this is a wake-up call to the Obama ad- oping markets that may not have a with our exports—until we know there ministration and that they will provide bank there but can help get financial is a path forward, how can we really the Congress and the American people support from a bank in the United say we are protrade? How can we really and our troops a clear path forward to States with the help of a Federal ex- stand on the floor here as we are dis- defeat ISIL and to rid the world of this port credit agency. And yes, we have to cussing trade and trade implications of terror army. have some basic tools on enforcement. TPA and TPP and all of the initials— Mr. President, I yield the floor. So if the other side of the aisle wants TTIP, ISDS, and all of the things peo- The PRESIDING OFFICER. The Sen- to resolve these problems and move ple might be listening to and saying: ator from Washington. ahead on a trade agreement, they have What are they talking about? These Ms. CANTWELL. Mr. President, 4 to stop catering to the conservatives in are important tools and an important years ago, I joined my Republican col- the House—and probably some of them apparatus and they represent a huge leagues on the Senate Finance Com- do not even support trade overall—and part of what we need to do when 95 per- mittee and voted to give the President start working with the people who do cent of all consumers live outside this of the United States trade promotion support trade. country, but we need to do it in a way authority—4 years ago. I have been a As I said 4 years ago in the Finance that recognizes that American workers supporter of trade promotion authority Committee when I supported TPA, are part of this structure and that we for a long time, but I also realize that these policies are important tools for have to have the tools other countries when it comes to trade, there are the U.S. economy. I feel strongly that utilize in order to make sure we are issues on which we have to work on to- in the developing world, trade can be a moving forward. gether. great asset in helping stabilize regions. I give my great public thanks to Sen- We are at a juncture now where it is I do not want to hold down other grow- ator CANTWELL for her brave fight and hard to move forward here in the Sen- ing middle classes around the globe. knowing that as the chief Democratic ate. I would say to my colleagues on We do not want to lose jobs here in the sponsor of the bill we are promoting, I the other side of the aisle that there United States because of it. stand with her. I stand with her today. are basic things about the future of So let’s have the tools that go along Mr. President, I also want to talk America in a global economy—the with trade, and let’s get these bills today about an issue that is important American people want to be assured passed. But if we are going to continue to North Dakota. It is interesting that that there are going to be tools for to cater to a group in the House who we are talking about eliminating trade them to compete. claims they do not want government, I barriers and improving opportunities So the fact that the Finance Com- do not see how, in this debate, we are for access to markets when we have a mittee and the negotiators of the trade going give the American people the self-imposed access-to-market problem, promotion authority spent months and tools that will give them security. and that is the trade embargo on Cuba. months on whether we were going to I yield the floor. It is a barrier our government puts on have TAA—which is a program that The PRESIDING OFFICER. The Sen- our own farmers and ranchers, and it helps laid-off workers who are im- ator from North Dakota. holds back their ability to export and pacted by trade—because some House Ms. HEITKAMP. Mr. President, first, hurts their bottom line. I am talking conservatives did not support trade ad- I would like to offer my great thank- about the U.S. embargo with Cuba, of justment authority—workers being re- you to the Senator from Washington course, specifically on private—pri- trained when they are affected by trade for advancing this very important bi- vate, private, private—business activi- agreements—we spent months and partisan bill. ties that could enhance the sale of our months because some conservatives in We have worked long and hard in my agricultural goods to Cuba. the House do not believe in government office and with Senator KIRK to try to and do not believe in this program that fashion a bill that addresses the vast My great friend from Arkansas Sen- helps support laid-off workers. majority of issues that so many people ator BOOZMAN and I filed an amend- Then we had to spend weeks and have or allege to have regarding the ment which would free our exporters to weeks out here because people on the Export-Import Bank. At the same time provide private—private, private—cred- other side of the aisle—again at the be- we are stalling that critical piece of in- it with no risk to the government or hest of conservatives in the House—did frastructure in our trade apparatus, taxpayers for exports of agricultural not want to support enforcement. China and India are pouring billions of products to Cuba. We had a hearing on Now we are at this juncture because dollars into their similar institution to this in the agriculture committee, and the same conservatives, because of an recruit and to invest in other countries I must say it was the single issue ideological belief by the Heritage to make sure their manufacturers and raised by all of the experts on how we Foundation—not something about make sure the jobs in their country are could, in fact, open our markets to business and labor, no; actually, busi- safe. We are unilaterally disarming, Cuba if we would allow private-spon- ness and labor support export tools, and we are taking huge chances by not sored credit for these exports. This is a such as a credit agency that helps moving forward on the Export-Import simple change to our regulation that them sell their products. Again, this Bank. And I share my colleague’s com- will make our agricultural exporters conservative group is holding up trade ment: Who are we listening to? more competitive against rice growers legislation because they do not think This is one of those rare moments in Vietnam and corn growers in Brazil. that it meets their political standards, and one of those rare issues where we We know we are the highest quality as my colleague from South Carolina have the American business commu- producer of agricultural products, and said, Senator GRAHAM, that it is all nity, the chamber of commerce, Amer- many of those products are grown in about some private organization they ican manufacturers—all the people on my great State of North Dakota. Yet are trying to politically atone to. that side of the issue and American we don’t have access to that market I say to my colleagues on the other labor together. So what is the issue? because Cuban purchasers don’t have side of the aisle that I have been a sup- The issue is scoring by conservative access to credit. porter of TPA for a long time, but I do groups. The issue is that you might not Unfortunately, under the current not plan to support a cloture motion get the checkmark behind your name if regulations, our government has erect- and I do not plan to support moving you actually support American work- ed a trade barrier. While we talk about ahead until we stop catering to this ers, American jobs, and American man- TPA, trade promotion authority, and very minority group that does not sup- ufacturing. increasing export opportunities, we

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.021 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3104 CONGRESSIONAL RECORD — SENATE May 20, 2015 need to look at what we can do to in- responsibility of setting spending $38 billion more than the President re- crease opportunities for our own pro- goals. Congress has other committees quested. We know both sides want the ducers here right now. It does not take that authorize government programs caps from the Budget Control Act re- a long, drawn-out negotiation, costs no and are charged with overseeing their moved, but at what price for our Na- money, and just makes sense. efficiency and effectiveness. We also tion and its hard-working taxpayers? I urge my colleagues to join with me have committees that allocate the Our military leaders have already and Senator BOOZMAN in this impor- exact dollars for these programs every told us the debt is a threat to national tant effort to remove our self-imposed year, but the Senate Budget Com- security. Removing the threat of se- trade barriers on our agricultural pro- mittee sets the spending goals. In other quester by raising these debt caps ducers and to allow a private invest- words, we set limits. This is why pass- without increasing the debt in the ment and sponsorship of the purchase ing a budget is so important for our short term would require raising taxes. of agricultural products in Cuba. With Nation. It lets the congressional pol- When it comes to defense, we are lit- that, I yield the floor. icymakers who actually allocate the erally trying to outbid the President, The PRESIDING OFFICER. The Sen- dollars get to work immediately by fol- who, with a Democratic Congress, ator from Wyoming. lowing our spending limit. This year, raised taxes to get his budget to that Mr. ENZI. Mr. President, this has we are giving them an early start, and level. been an interesting few days as we Leader MCCONNELL is committed to al- Last year, Congress funded items the have seen the Senate operate the way lowing the Senate to do its job, and Department of Defense didn’t approve it is probably designed to operate. It is that means debates and votes on all 12 or ask for, and costs for major equip- not supposed to be the fastest legisla- appropriations bills. ment exceeded approved amounts by tive body in the world. It is supposed to What is the importance of a balanced billions—that is with a ‘‘b.’’ I know be one that goes over issues slowly and budget? A balanced budget approved by small businesses that were deprived of gives those issues full consideration. Congress will play a crucial role to bids by companies that provided prod- I am so pleased the bill before us has help make government live within its ucts different from the specs with no been through the committee process. It means and set spending limits for our consequences. That is not fair to our has been years since we have seen bills Nation. troops or to our taxpayers. We should go through that committee process. A balanced budget will allow Ameri- get what we ordered, and somebody Virtually all of the bills are coming cans to spend more time working hard needs to make sure that happens. through the committee process this to grow their businesses or to advance It is time for Congress to truly work year, and that means several hundred in their jobs instead of worrying about together to tackle our overspending amendments have already been offered taxes and inefficient and ineffective and achieve real results and real to this bill. A lot of them were consid- regulations. Most importantly, it progress for American families who are ered in committee, some of them were means every American who wants to counting on us. considered duplicative, of course, but it find a good-paying job and fulfilling ca- How do we boost economic growth? brought this bill to the floor, which is reer has the opportunity to do just American families understand that you very important for the economy of the that. cannot spend what you don’t have and United States. A balanced budget will also boost the expect us to scrutinize every dollar we I hope we can work through the proc- Nation’s economic output, but first we spend just like they have to and must ess and get the bill finished. In fact, I must get our overspending under con- do. In many ways, if the government am relatively certain we will. It is not trol because Congress is already spend- would get out of the way, we could in- the prettiest way of doing it, but it is ing more tax revenue than at any point crease jobs by expanding the economy. the way it gets done and has been get- in history. If we can do that, we can A boost in economic growth means ting done for centuries in the United help boost the economy and expand op- more real jobs from the private sector States. portunity for each and every American. and small businesses across the Nation, A BALANCED BUDGET The big question is, What happens if not government ‘‘make work jobs.’’ In Mr. President, what I really want to interest rates go to their normal his- fact, the Congressional Budget Office talk about today is the importance of a torical level? A balanced budget pro- tells us that if we were to increase the balanced budget. Over the past few vides Congress and the Nation with a gross domestic product, which is the weeks, we have seen America reacting fiscal blueprint that challenges law- private sector growth, by 1 percent, to a Congress, and especially the Sen- makers to examine every dollar we that would provide an average of near- ate, which is back to work doing the spend. This is crucial because we cur- ly $300 billion in additional tax revenue people’s business. The basic task of rently spend about $230 billion in inter- every year. governing seems to have eluded this est on our debt every year, which is a How do we do that? One way is to re- normal legislative body over the past 8 historically low interest rate of 1.7 per- verse some of the many regulations years and has decimated the faith and cent. The Congressional Budget Office that burden families and small busi- trust of hard-working Americans who tells us that for every 1 percentage nesses that provide little or no benefit. yearn for a government that is both ac- point that our interest rates rise, it For many of these policies and regula- countable and effective, and that is will increase America’s overspending tions, we need to return to common why passing a balanced budget rep- by $1,745 billion over the next 10 years. sense, and that is not being done today. resented an important step forward. That is a huge hit. When we continually overspend year Here are just a few of the headlines To provide a clearer picture of how after year, we have the opposite effect from around the Nation: ‘‘Senate dire our Nation’s fiscal outlook is, we on private sector jobs and economic passes first joint congressional budget have a looming debt of $18 trillion, and growth that can actually lead to more in six years,’’ ‘‘Senate Passes Cost-Cut- it is on its way to $27 trillion. If the in- sales and more jobs. Expanding the ting Budget Plan,’’ ‘‘Budget ‘A Feat Of terest rate were to go to a modest 5 economy is the best way to raise Considerable Importance,’ ’’ ‘‘Balanced percent, we would owe $875 billion a money for government services, not by Budget Will Focus on ‘Every Dollar year just for interest, which does not raising more taxes. Spent,’ ’’ ‘‘Balanced Budget, A Step buy us anything. That is more than we Another important way to help the Forward,’’ and ‘‘Congress approves the spend on defense; that is more than we growth of our economy is to make the first 10-year balanced budget since spend on other government agencies. government more effective. If govern- 2001.’’ Interest on the debt could soon put ment programs are not delivering re- We know passing a budget was impor- America out of the business of funding sults, they should be improved or, if tant because it symbolizes a govern- defense, education, highways, and ev- they are not needed, they ought to be ment that is back to work, but it is erything else we do. It is time to get eliminated. We need to be looking at also important to understand why serious. It is time both parties get seri- those. The government has to expect passing a balanced budget is so vital to ous about addressing our Nation’s the same tough decisions hard-working our Nation. chronic overspending. taxpayers are making every day. What is the process? The Senate In the budget, defense was given $90 This is Small Business Week, and I Budget Committee is tasked with the billion more than the budget caps and want to mention my appreciation for

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.024 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3105 Craig Kerrigan of the Oregon Trail Just think of how long it has been States that are close behind. If just Bank in Wyoming for writing a little since we have taken a close examina- seven of those nine States approve article about the real issues for small tion of what we are spending money on. moving forward on the balanced budget business. Small business is the motor In 1983, ‘‘The Return of the Jedi’’ was issue, it would bring the total number that drives this economy. He said: the top movie and Americans were ob- of States to 34 States. That would meet If they can’t make a profit, no one bene- sessed with the Rubik’s Cube. the two-thirds requirement under arti- fits. This is the reality: They will tell you Savings are usually found in the cle V of the Constitution and force that the biggest threats and challenges they spending details, but Congress has not Congress to take action on a balanced face in today’s economy are health care, examined the details. It just has the budget amendment. If this happened, taxes and excessive regulations. big picture, which was painted long ago one of the most important functions of A regulation affects a small business and has now expired. It is time for each Congress—the power of the purse— much more than it does a big business committee to take a look at these pro- would be drastically curtailed, because because they don’t have a lot of people grams and decide if they are even there would be a new constitutional to spread the work over. worth funding anymore. After all, a limit on what Congress would be al- Going back to Craig Kerrigan’s arti- project not worth doing at all would lowed to borrow. cle: not be worth doing well or would not Now, I mentioned before that I think They want to provide competitive salaries be worth continuing funding for it. But we have been overspending. We are and benefits, and in most cases they do. But how would committees know if they scheduled to overspend by $468 billion any cost that is forced upon them they ei- have not looked at the program in this year. How much do we get to actu- ther pass on to the consumer or they go out years? How would they know if they ally make decisions on? That amount of business. don’t have a way to measure how well is $1,100 billion. If we were to balance It is interesting to note that those the programs are working? the budget right now, we would have to who force these costs upon small busi- When I first came to the Senate, Yel- do a 50-percent cut in everything we ness are not the ones paying for them, lowstone Park was going broke and do, and that is not even talking about and it is always easier spending other threatening to shut down. Every year an increase in interest rates. people’s money. they said they were running out of So, in conclusion, Americans are Mr. President, I ask unanimous con- money in August, and that is the prime working harder than ever to make ends sent that the entire letter by Craig time for the season. I checked the meet. Shouldn’t their elected officials Kerrigan be printed in the RECORD at spending bill covering the park, and I be willing to work harder too? We need the conclusion of my remarks. found out it only lists how many em- to pass a balanced budget as an impor- How do we get a more effective gov- ployees and the total millions of dol- tant step, but that is just a first step ernment? One of the first places Con- lars to be spent there. I asked for the and, unfortunately, that was the easy gress should start is by reviewing the details. Both the spending committee part. Congress has to get serious about 260 programs whose authorization— and the Department of Interior told me tackling its addiction to overspending that is their right to spend more that was as much detail as they had. I and once again become good fiscal stewards of the taxes paid by each and money—has expired. Some of these pro- asked for a printout of how the money every hard-working American tax- grams expired as long ago as 1983, but was spent in the previous year. They we are still spending money on them payer. said it was not available. I heard about Earlier this month, on the 70th anni- every year. That means we have been millions of dollars in delayed mainte- paying for these expired programs for versary of Victory in Europe Day—or nance. I asked for a list of what that V–E Day—our Nation’s Capital had the more than 30 years. It is not just the consisted of, and I was sent a list of length of time these programs have rare privilege of seeing and hearing new buildings they wanted to con- World War II airplanes, our Arsenal of overstayed their welcome, the funds we struct. That is not delayed mainte- allocated to them every year are more Democracy, fly over the National Mall nance. and the U.S. Capitol Building. This than what the law called for. In some In 1999, the Park Service was cited by cases, that means we are spending as flight and these planes remind us that the Wyoming Department of Environ- as a nation, we rise together or we fall much as four times what we should be. mental Quality for raw sewage that together. Those planes also remind us You have to take care of your own was flowing into the Madison River, that when we work together, we suc- doorstep. which prompted a request to Congress ceed together. Yesterday, I had an oversight hearing for emergency repair funds. I asked Let us commit to work together to for the Congressional Budget Office, why that wasn’t taken out of the Na- end our overspending and balance our which comes under the direction of the tional Park Service emergency budget. budget. Budget Committee. It was the first There was an emergency fund with I yield the floor. oversight hearing in 33 years. Every- plenty of money available immediately There being no objection, the mate- body needs to take a look at the pro- for the problem at that time. I didn’t rial was ordered to be printed in the grams they are in charge of and see if get an answer, but I found out that RECORD, as follows: there are not some changes that ought they got more by asking for additional [From the Wyoming Tribune-Eagle, May 19, to be made since the invention of the funding at a time of crisis. That is not 2015] mobile phone, and, of course, that was how government spending is supposed FOCUS ON REAL ISSUES FOR SMALL a mobile phone about that big. to be done. BUSINESSES The 260 programs that have expired That is why we need to have a bal- (By Craig Kerrigan) are costing us $293 billion a year. That anced budget. That is why we need to In recognition of Small Business Week, I is over $2,935 billion—or $2.9 trillion— have people scrutinizing the items that thought it appropriate to share some over 10 years. Eliminating these pro- are under the jurisdiction of their com- thoughts about small businesses that are not grams alone would almost balance the mittees. discussed as much as I feel they should be. budget. A balanced budget amendment is It is frustrating how many articles are written about our economy and the effects it In business, programs are reviewed what many of the States are working has had on small businesses since the Great every year or sometimes every week to on. We better show taxpayers that Con- Recession, but they always seem to take an see if they still contribute to the busi- gress is committed to a balanced budg- approach based on surveys, statistics, theo- ness and its strategic plan, and if there et, to make it ever more effective, be- ries, opinions, analysis and general assump- is not some improvement that will cause we are running out of time. It is tions; almost illusory. make things work better, they often not just because of the increase in the Let me offer a suggestion. I am sure almost all of you have a family look for small savings to help strength- interest rates that are possible here, member, friend or acquaintance who owns a en the organization and contribute to but currently, lawmakers in 27 States small business here in Cheyenne or Laramie its bottom line. But in Washington, have passed applications for a Con- County. programs are not reviewed, let alone stitutional Convention to approve a JUST ASK THEM questioned, let alone scrutinized. Not balanced budget amendment, and there If you do, just ask them what is happening even big amounts are questioned. are new applications in nine other in their business and about the management

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.025 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3106 CONGRESSIONAL RECORD — SENATE May 20, 2015 decisions they have had to make to navigate based on a ‘‘one size fits all’’ approach that think most people would agree that it the issues they face every day as they relate they become overwhelming and result in un- is squarely within the prerogatives and to our economic and political environment. intended consequences. the constitutional duties of the U.S. No more theories as to what should be hap- How do I know this? As a banker, you can- Congress to decide. pening, just a simple question as to what is not be an effective partner in the success of Consumers in the U.S. want to know really happening, simply put, where theory any business unless you analyze financial in- meets reality. formation and communicate with manage- where their food comes from. Through For the purpose of this article, I will use ment throughout the year. a legitimate, democratic process, we businesses that employ between one and 50 Numbers can be interpreted differently, passed a law to provide consumers with employees with gross receipts or sales up to but they never lie, and they are not based on this information. But no matter how $7.5 million, although the definition varies theories. You have to know the business of we have revised the rule pursuant to from industry to industry. the business and make decisions to help the law, it is apparently still not in They are the true backbone and lifeblood them make the necessary adjustments. compliance with our WTO commit- of our local and national economy as they Sounds simple, but there are many dif- ments. It seems that we will have to create 70 percent of new jobs. They are what ferent business structures—sole proprietor- repeal the law to avoid trade sanctions. I call the forgotten many. ships, corporations, partnerships and limited You can find someone in almost all busi- While our WTO obligations are not liability companies. These are businesses the same as our commitments under a ness sectors: retail, construction, real estate, that do not have the luxury to staff human manufacturing, professional services and resources, compliance, legal or accounting free-trade agreement, it doesn’t require food service, to name a few. departments. too much imagination to see how other Many of these small businesses are owned Small businesses must handle many of U.S. laws will buckle under future and operated by our friends and neighbors, these internally, or hire third-party vendors, trade agreements. This is why the deal- people who go to work every day to provide which is added expense. The common thread breaker for me is the investor-state a service that benefits our local economy. I see at this time is frustration, uncertainty They have no set hours, no guaranteed bene- dispute settlement, or ISDS for short. and a feeling of failure due to costs beyond ISDS provides a special forum out- fits, no stock options and no perks. their control, and because of this they are In almost all cases, they started their busi- side of our well-established court sys- reluctant to reinvest profits and hire more ness with their hard-earned savings, conver- tem that is just for foreign investors. employees. sion of retirement accounts from previous So the next time you read an article about These investors are given the right to employment, gifts from family and credit what should be happening, walk across the sue governments over laws and regula- from banks. They have pledged their homes, street or drive across town and talk with tions that impact their businesses—a vehicles and other personal property just to someone you know that owns a small busi- legal right not granted to anyone else. find enough cash to start their business. ness. This forum is not available to anyone Many have second jobs and take no salary from the business until it can be profitable. THANK THEM other than foreign investors. It is not I have been blessed to have been a banker The first thing you should do is thank open to domestic businesses. It is not in Cheyenne for almost 40 years, and I have them for everything they do to make our open to labor unions, civil society been given a unique perspective from being community a better place. Many of them are groups or individuals that allege a vio- both a banker and also an owner of a small members of our Chamber of Commerce and lation of a treaty obligation. The arbi- business as many small community banks unselfishly give of their time and money to trators that preside over these cases are privately and family-owned small busi- support other small businesses. are literally not accountable to any- nesses. Don’t be indifferent to our economic and I have had the chance to be involved in one, and their decisions cannot be ap- political environment because the reality is pealed. To date, nearly 600 ISDS cases helping to facilitate business startups, ex- you are paying for any increased costs to pansions, restructures and unfortunately liq- small businesses in the prices you pay. have been filed. Of the 274 cases that uidating some that have had to close. So at the end of your visit, you will most have been concluded, almost 60 percent Every business has unique characteristics likely hear ‘‘welcome to the real world.’’ have settled or have been decided in with the type of product or service they sell, The PRESIDING OFFICER (Mrs. favor of the investor. the experience of ownership and manage- It is true that when a tribunal rules ERNST). The Senator from Hawaii. ment and the demographics of employees. in favor of the investor, the arbitrators Mr. SCHATZ. Madam President, I They are in business to make a profit, but can’t force the government to change more importantly, they have a passion for wish to join my colleagues in voicing its law, but they can order the govern- what they do. They drive economic growth my opposition to granting fast-track ment to pay the investor, which has through investment, innovation and entre- authority. I oppose the procedures con- the same effect. There is no limit to preneurship. They support not only them- tained in the bill, and I am seriously selves and their families, but they are re- what compensation foreign investors concerned about using fast-track to sponsible for the support of their employees can demand. The largest award to date pass trade agreements that don’t re- and their families. was more than $2 billion. flect the best interests of the American BIGGEST THREATS For a developing country that must If they can’t make a profit, no one bene- people and can undermine the preroga- pay this award, sometimes it rep- fits. This is the reality: They will tell you tives of the Congress. resents up to a third of their GDP. that the biggest threats and challenges they Some who support fast-track would Most governments cannot risk such a face in today’s economy are heath care, have us believe that opposing this bill settlement and end up avoiding this taxes and excessive regulations. and TPP means opposition to a free kind of conflict altogether. The gov- They want to provide competitive salaries market, to trade, and to commerce; but and benefits, and in most cases they do. But ernment often agrees to change the law that is not true. Commerce is essential, or regulation that is being challenged any cost that is forced upon them they ei- and we should be promoting it. But ther pass on to the consumer or they go out and still pays some compensation. The of business. corporate interests should not be the threat of a case can be enough to con- It is interesting to note that those who driving force for public policy decisions vince a government to back away from force these costs upon small businesses are on public health, consumer safety, and legitimate public health, safety or en- not the ones paying for them, and it is al- the environment. vironmental policies. ways easier spending other people’s money. Just this week, a WTO ruling on our ISDS cases cost millions of dollars to The new health-care law affects decisions country-of-origin food labeling law pro- defend and take years to reach their they have had to make as to the number of vided a striking example of how what employees they can have and the type of final conclusion. The high profile cases benefits they can offer. Many are limiting is called free trade can be used to erode filed by Philip Morris International full-time employees to less than 50 to avoid consumer protection. The country-of- challenging cigarette packaging laws the costs of mandated health coverage. origin labeling law was passed by Con- have had a chilling effect around the If they don’t know what the next surprise gress, and it requires producers of meat world. Several countries have been in- is going to be with our tax code, it is almost and chicken to provide information to timidated into holding off on passing impossible to project income and expenses. consumers on where the animal was their own laws to reduce smoking. And if they are forced to follow a new regula- raised and slaughtered. If we ask most Every year of delay is a victory for to- tion, they have to hire non-income producing overhead just to make sure they don’t get people, they would say they want to bacco companies. They get 1 more year fined or worse. know if their beef is from Texas or to attract new, young smokers. In the Many regulations are needed; it is when from Taiwan. And even if one isn’t par- case of tobacco, the cost of ISDS could they are inefficient, duplicative and applied ticularly passionate about that issue, I be human life.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.002 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3107 I would hope that if we empower cor- HATCH and I have thought to take a Janet Yellen has expressed serious con- porations to challenge democratically more flexible approach. cern that this type of provision could elected laws and regulations, that we I am going to outline how I have ‘‘hamper’’—these are Janet Yellen’s would be doing so for an extremely reached that judgment so that col- words—that this type of provision compelling reason. But here is the leagues, as we turn to this question of could ‘‘hamper or even hobble mone- thing: The rationale behind ISDS is ex- currency, have a bit more awareness of tary policy.’’ The Chair’s concern— tremely thin. Advocates claim that in- what is at stake. As I indicated already Janet Yellen’s concern—is that because vestor protections such as ISDS draw this morning, we will be discussing this monetary policy can impact currency foreign investment into a country, but particularly in the conference com- valuation, we could end up tying our no one has actually been able to dem- mittee that is going to take place next hands and, in effect, taking one of the onstrate that this link exists. Studies month when the House and the Senate Fed’s important tools out of their eco- have not even been able to show a sig- get together to talk about currency nomic toolbox. nificant correlation between investor and other critically important enforce- For example, a number of countries protections and the level of foreign in- ment issues. have argued that the Fed’s quan- vestment in that country. Instead of I fully agree with my colleagues who titative easing policy unfairly values driving decisions to invest, ISDS provi- have been saying this is a very impor- our dollar. Now, I want it understood sions are being manipulated by multi- tant issue and our government must do that I think those countries are dead wrong—dead wrong—in making that national corporations. more to target countries that harm our Some companies seem to be setting economy by artificially deflating their argument. But we ought to realize that up complex corporate structures ex- currency. What is at issue is making those countries that have sought to cry plicitly for the purpose of taking ad- sure we proceed in a way that really re- foul argue that what the Fed did to vantage of existing ISDS provisions. dounds to the benefit of our country, bring down the unemployment rate was in effect an unfair strategy for increas- This is what Australia is alleging that our workers, and our business. ing exports. Colleagues, as we think Philip Morris did to challenge Aus- In the process of taking aim at for- about this currency issue, consider tralia’s tobacco laws. The Philip Mor- eign currency manipulators, it is espe- what could happen if the United States ris Hong Kong entity bought shares in cially important to make sure that was subject to dispute settlement by Philip Morris’s Australian company this Senate does not cause collateral damage to the Federal Reserve and our an international tribunal on this issue. just 10 months after Australia an- That is why I am concerned that tak- nounced its cigarette plain packaging dollars. We all understand the Federal Reserve uses monetary policy as a tool ing the path of the Portman amend- rules. It seems that Philip Morris did ment would, as I have described, to stabilize prices and boost employ- this for no other purpose than to gain outsource the question of the Federal ment. The right solution is to make access to the ISDS provision in the Reserve’s intent in decisionmaking to sure that our country gets the upside Hong Kong-Australia Bilateral Invest- an international tribunal. I think of going after those who manipulate ment Treaty. Americans are going to be very skep- currency and avoids the downside of re- ISDS is just another arrow in the tical of the idea that, in effect, we are stricting the tools that Janet Yellen quiver of legal options available to going to have this international tri- and those in charge of monetary policy multinational corporations and no bunal trying to divine essentially what may want to use. other entity or person. The con- the Federal Reserve’s intent was. I per- The bipartisan trade promotion bill sequences for public health, safety, and sonally do not like the idea at all of now before the Senate includes a first— the environment far outweigh any real outsourcing this judgment to an inter- many firsts but one in particular. For or imagined benefit of ISDS. For these national tribunal. I think it could have the first time currency will be a prin- reasons, I oppose fast-track and any very detrimental consequences both to cipal negotiating objective. What trade agreement that contains an ISDS the cause of trade and to our economy. provision. Chairman HATCH and I have sought to Just yesterday, Treasury Secretary I yield the floor. do is to strengthen that and to take Lew said he would recommend a veto of I suggest the absence of a quorum. yet another step. We direct the admin- a TPA package that included this type The PRESIDING OFFICER. The istration to hold our trading partners of amendment, because he, too, clerk will call the roll. accountable when they manipulate cur- thought it would threaten our Nation’s The senior assistant legislative clerk rencies by using the most effective ability to respond to a financial crisis. proceeded to call the roll. tools available: enforceable rules, So it is going to be important to get Mr. WYDEN. Madam President, I ask transparency, recording, monitoring, this right, to make sure that our trade unanimous consent that the order for and a variety of cooperative mecha- agreements have the upside of being the quorum call be rescinded. nisms. My view is that what Chairman strong in the fight against currency The PRESIDING OFFICER. Without HATCH and I are seeking to do here manipulation, but to make sure that objection, it is so ordered. strikes the right balance. We get the we also avoid the downside of restrict- Mr. WYDEN. Madam President, I upside of confronting unfair currency ing our monetary policy tools. spoke a little bit this morning about manipulation, and we don’t pick up the I hope my colleagues will think this whole issue—and a very serious downside, tying our hands with respect about the unintended consequences of issue it is—of currency manipulation. to policy options that are completely the Portman amendment. If we were to In effect, we are going to have two legitimate and important. have another unfortunate financial cri- choices with respect to this issue, one One of those policy options that I feel sis—and no one wants that—we all offered by the chairman of the Finance especially strongly about is ensuring want to make sure that the Federal Committee, Senator HATCH, and my- that the Fed has the ability to use poli- Reserve has the full array of economic self, and one offered by Senator cies to strive towards full employment. tools to get our economy moving again PORTMAN and others. So for me, this issue really comes down and to keep workers on the job. AMENDMENT NO. 1299 to making sure we have all the tools at So we are going to be faced with this I wish to take a few minutes to raise the Fed and elsewhere for helping to judgment, and I hope my colleagues what are my biggest concerns with re- create good jobs and economic sta- will say that the approach Chairman spect to the amendment offered by the bility—jobs that pay higher wages and HATCH and I have offered is one that Senator from Ohio, Mr. PORTMAN, and help our communities prosper. will allow us to build on the first-ever try to put this issue in context. What is The Portman amendment is very dif- negotiating objective for currency that particularly troubling to me is it seems ferent than what I and Chairman is in the bill and accept our amend- to me that the Portman amendment HATCH have been talking about. Under ment and recognize that, as I stated would outsource the question of the the Portman amendment, our country earlier, we are going to have another Federal Reserve’s intent in decision- would be subject to dispute settlement bite at the apple when currency is cer- making to the whims of an inter- in an international tribunal, which tain to be an important part of a Cus- national tribunal, and I think that is means that there would be trade sanc- toms conference between the House very troubling. That is why Chairman tions. Now, Federal Reserve Chair and the Senate in June.

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Because in those who believe it is important for lationship between trade and worker some countries, including those coun- Congress to pass trade promotion au- rights . . . to promote universal ratifi- tries with which we are negotiating, thority. I don’t believe we can com- cation and full compliance with ILO there are practices where companies plete the TPP without trade promotion Convention No. 182 Concerning the Pro- that want to participate in government authority. I think TPP is an important hibition and Immediate Action for the contracts have to deal with kickbacks strategic partnership for the United Elimination of the Worst Forms of or have to deal with bribery. States as well as an economic partner- Child Labor . . .’’ Well, American companies cannot do ship for the United States. That is in our overall objective. I that. We have laws that prohibit that, Having said that, I listened carefully want to talk a moment about the prin- but there should not be anyone dealing to Senator WYDEN where the adminis- cipal negotiating objectives, because with that. In the principal negotiating tration has raised an objection to a there is greater consequence to the objectives, we instruct our negotiators particular amendment and saying if principal negotiating objectives. There to deal with these anticorruption that gets on the bill, they would veto are provisions included in the principal issues. The administration must show the trade promotion authority. I say negotiating objectives that are dif- we have made progress—not only that because many of us who support ferent from what we have done in any progress, that we have enforceable TPA have said: Look, let’s make sure other TPA bill. standards against corruption that we get it right. Let’s make sure that First, yes, it does deal with the core would disadvantage American compa- we have an open amendment process so labor rights. The principal negotiating nies doing business in those countries. that we can try to make this the objective that the administration must That is a huge step forward on our strongest possible bill, because we show us that they have done deals with anticorruption issues, but we go fur- don’t get that many opportunities to the ‘‘adopts and maintains measures ther than that. I am very proud of an take up trade legislation. implementing internationally recog- amendment I offered that was adopted I just mention that because yes, I nized core labor standards . . .’’ that is to the trade promotion authority deal- come to the floor to say that we need included in there. ing with good governance, trans- trade promotion authority. When you Included in the principal negotiating parency, the effective operation of look at the fact that we are a democ- objectives is the requirement for envi- legal regimes, and the rule of law of racy with separation of the branches of ronmental law: ‘‘its environmental trading partners. This is, again, a prin- government, we cannot negotiate—535 laws in a manner that [cannot weaken] cipal negotiating objective which says of us—with our trading partners and or reduces protections afforded in those we have to strengthen good govern- enter into an agreement. We have to laws in a manner affecting trade or in- ance, transparency, the effective oper- delegate that negotiating authority, vestment between the United States ation of legal regimes and the rule of and that is what TPA does. At the time and that party . . .’’ law of trading partners of the United we delegate that, we also must make it So what we have done is that we also States, through capacity building and clear what our trade objectives are put in there: ‘‘does not fail to effec- other appropriate means, and create a about, and we also must take advan- tively enforce its environmental or more open Democratic society and—let tage of that opportunity to protect labor laws, through a sustained or re- me add this, this is in the bill—to pro- workers’ rights legitimately and make curring course of action or inaction mote respect for internationally recog- sure we have a level playing field for . . .’’ nized human rights. American companies. I think that is I read that into the record because I That is a principal negotiating objec- our responsibility. want to make it clear that if you be- tive. We are talking about freedom of In the discussion of this bill, I want lieve we should be negotiating trade speech, freedom of assembly, associa- to acknowledge that we do have part of agreements and you believe that it tion, religious freedom. We have in- this—the trade adjustment assistance. only can be done through the adminis- structed the administration—if they That is important to American work- tration and can’t be done through accept our bill and sign it into law— ers. We have Customs legislation that I Members of Congress individually ne- come back to us on how we have dealt wish was in this bill, because I am con- gotiating a trade agreement, and you with advancing good governance, cerned as to whether both will reach believe you need to be clear as to what transparency, and respect for inter- the finishing line. But it deals with we expect, the principal negotiating nationally recognized human rights in strong enforcement, and ‘‘level the objective is where you include that lan- the trade agreement that we brought playing field’’ currency issues are all guage. And we have been very clear in forward. dealt with in a separate bill that we the principal negotiating objectives in This is the first time we have in- passed earlier. I guess last week we regards to core labor standards and en- cluded anything similar to this in a passed the legislation on the Customs. vironmental standards, because we trade promotion authority act. So this Let me just talk for a moment about know that to have a level playing is a new level of expectation of what we trade promotion authority, and say field—the countries we are negotiating expect to do in our trade agreements. I that we have to be very clear about our with do not have the same high stand- really want to emphasize that because expectations. I want to compliment ards that we have for labor, do not we have not been bashful in the past Senator WYDEN and Senator HATCH and have the same high standards we have using trade to promote human rights. the Senate Finance Committee. In for the environment—we want to make We usually do it when we have a spe- reading this legislation—and I hope sure we are not placed at a disadvan- cific opportunity. We did it well before you all had a chance to do it—you are tage. So it is in the principal negoti- our time in Congress when Jackson- going to find that this really does take ating objectives. Vanik was passed, dealing with Soviet our delegation of authority and our ex- But we have gone further than that. Jewry being able to leave the former pectations to a much higher level than In the principal negotiating objectives Soviet Union. we have ever done on areas that have we put for the first time anticorruption We also used trade as a hammer to not been traditionally as clear on Con- provisions. That is in the principal ne- bring down the apartheid government gress. gotiating provisions: ‘‘to obtain high of South Africa. Most recently, we used I will just mention a few of those. standards and effective domestic en- trade as a hammer when we needed to Our overall trading objective is very forcement mechanisms . . . [to] pro- deal with normal trade relations with clear to deal with labor standards. In hibit such attempts to influence acts, Russia in regard to a WTO issue— quoting from the bill that is before us, decisions, or omissions of foreign gov- where we attached the Magnitsky law

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So before we start picking today, the black flags of ISIL fly over did in regard to Sergei Magnitsky. So countries with which we are going to the city of Ramadi, the capital of we should take advantage of the trade do trade agreements, let’s make sure Iraq’s Anbar Province. Anbar was once promotion authority act to advance they are not gross violators of human a symbol of Iraqis working together basic human rights, particularly when rights. with brave young Americans in uni- we are dealing with countries that, Now, so everybody does not get nerv- form to defeat Al Qaeda. Today, it ap- quite frankly, are challenged in that ous—because TPP is so far advanced— pears to be a sad reminder of this ad- regard. it would not be possible to have the ministration’s indecisive air campaign I want to read one other provision free negotiating objectives certified by in Iraq and Syria and a broader lack of that is in the current bill dealing with the President on TPP. I understand strategy to achieve its stated objective trade promotion authority and dealing that. There is a blanket exemption in of degrading and destroying ISIL. with the principle negotiating objec- TPA in that regard, which applies also Equally disturbing, reports indicate tives. It spells out very clearly that it to the amendment I am offering. But I over 75,000 Iranian-backed Shiite mili- is a principal negotiating objective. We would hope our colleagues would agree tias are preparing to launch a counter- have enforcement in it. It says: that moving forward we would want offensive in the larger Sunni province. To seek provisions that treat United the President to take that into consid- Whatever the operational success Shi- States principal negotiating objectives eration, to make sure we have a game ite militias may have in Anbar would equally with respect to the ability to resort plan, if we are dealing with a country be far exceeded by the strategic dam- to dispute settlement under the applicable that has violated human rights, as to age caused by their violent sec- agreement, the availability of equivalent how we are going correct that activity tarianism and the fear and suspicion it settlement procedures, and the availability through the opening of trade. breeds among Iraqi Sunnis. of equivalent remedies. Trade with our country is a benefit. Moreover, the prominent role of What does that mean? What that It should be with countries that share these militias continues to feed the means is that this is not NAFTA agree- our basic values. Lowering trade bar- perception of a Baghdad government ment. In NAFTA, we did make ad- riers should come with further commit- unable or unwilling to protect Sunnis, vances on labor and environment, but ments to our basic values, and that is which is devastating to the political we did not include it in the core agree- what my amendment would do. I would reconciliation efforts that must be cen- ment. It was not effective. We had no urge my colleagues, at the appropriate tral to ensuring a united Iraq can rid enforcement. We had these sidebar time, to make sure this amendment is itself of ISIL. Shiite militias and Ira- agreements. We learned that was not considered. I would ask their support nian meddling will only foster the con- the way to do it. Well, this TPA says on this amendment. ditions that gave birth to ISIL in the that in regard to human rights and Let’s continue to work through the first place. good governance, in regard to labor and process. Let’s continue to improve the Liberating Ramadi and defeating the environment, that they are in the bill. Hopefully, we can reach a point ISIL requires empowering Sunnis who principal negotiating objectives and where we can send to the President the want to rise and fight ISIL themselves, there will be trade sanctions in regard appropriate legislation. including by integrating them into to violations—if there are violations. I yield the floor. Iraqi security forces, providing more We hope there are not. We hope they The PRESIDING OFFICER. The Sen- robust American military assistance. will make the progress. But we have ef- ator from Oregon. Indeed, the Obama administration and fective ways of dealing with our prin- Mr. WYDEN. Madam President, no its spokesperson have tried to save face cipal negotiating objectives that in- more than 2 minutes. Before my col- for its failed policies by diminishing clude the good governance issues that I league leaves the floor, I just want it the importance of Ramadi to the cam- think are critically important. understood in this body that Senator paign against ISIL and the future of I started my remarks by saying CARDIN has championed for decades the Iraq. As ISIL forces captured and thank you to Senator WYDEN. I thank cause of labor rights, environmental sacked Ramadi, the Pentagon’s news him very much because he has really rights, human rights. I so appreciate page ran a story with the headline, done an incredible job in where we are his leadership in this area. ‘‘Strategy to Defeat ISIL is Working.’’ today. He points out that we are not For the first time, as a result of Sen- Secretary of State John Kerry said there yet. I agree. We need an open ator CARDIN’s work, human rights will Ramadi was a mere ‘‘target of oppor- amendment process here. We need to be a principle negotiating objective be- tunity.’’ take up more amendments on the floor cause Senator CARDIN has been spot-on White House Press Secretary Josh of the Senate. I say that as one of in saying trade must be about human Earnest said yesterday we should not those Members who have not been rights. So that is No. 1. ‘‘light our hair on fire every time there bashful about trying to change the Point No. 2, my colleague was abso- is a setback in the campaign against rules of the Senate. lutely right in saying how important it ISIL.’’ Meanwhile, Ramadi, Iraq, and I am told by people who have been is that we have more votes here. That the region are on fire. How could any- here longer than I that the rules of the is why I am going to be spending all one—how could anyone say we should Senate work. You just have to be a lit- day into the night trying to bring that not light our hair on fire when news re- tle patient. OK. We will be a little pa- about. I want my colleague to know I ports clearly indicate there are burning tient. But let’s figure out a way that will also be very interested in working bodies in the streets of Ramadi, that we can have more votes on the floor of with him on this additional amend- ISIL is going from house to house, the Senate in regard to this bill. ment he has to further build on what seeking out people and executing them. We do not get a chance to take up we have in the bill. I thank my col- Tens of thousands of people are refu- trade bills very often. I have an amend- leagues for their patience. gees. What does the President’s spokes- ment that I want to see acted upon. I I yield the floor. man say? That we should not light our do not think it is controversial, but it The PRESIDING OFFICER. The Sen- hair on fire every time there is a set- is extremely important. What that ator from Arizona. back. amendment would do is require the Mr. MCCAIN. Madam President, I ask The Secretary of State of the United President, before commencing negotia- unanimous consent to address the Sen- States of America said Ramadi was a tions with potential trading partners, ate as in morning business, and when mere ‘‘target of opportunity.’’ Have we to take into account whether that po- the Senator from South Carolina ar- completely lost—have we completely

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Yesterday, as I will be catastrophic for the Iraqi peo- today? The President of the United mentioned, Press Secretary Josh Ear- ple and U.S. interests in the Middle States today says: Well, it is climate nest said: ‘‘Are we going to light our East, and a clear victory for Al Qaeda change that we have to worry about. I hair on fire every time there is a set- and Iran.’’ am worried about climate change. back?’’ It goes on and on. Time after time, Do we give a damn about what is It is one of the more incredible state- Senator GRAHAM and I warned exactly happening in the streets of Ramadi and ments I have ever heard a public figure what was going to happen in Iraq. It the thousands of refugees and the peo- make. Well, General Dempsey’s com- was not necessary to happen. It is be- ple—innocent men, women, and chil- ments are equally as absurd. cause of this President’s refusal to dren who are dying and being executed The New York Times headline: leave a force behind. and their bodies burned in the streets? ‘‘Iraq’s Sunni Strategy Collapses in Now, my friends, before I turn to my A few weeks ago, as ISIL closed in on Ramadi Rout.’’ friend from South Carolina, what was Ramadi, the Chairman of the Joint The Washington Post: ‘‘Fall of said at the same time that Senator Chiefs of Staff said the city ‘‘is not Ramadi reflects failure of Iraq’s strat- GRAHAM, Senator Lieberman, and I symbolic in any way’’ and is ‘‘not cen- egy against ISIS, analysts say.’’ were warning of this catastrophe? tral to the future of Iraq,’’ the capital Wall Street Journal: ‘‘US Rethinks What was said at the same time? of the Anbar Province, the place where Strategy to Battle Islamic State After February 2010, Vice President BIDEN: we lost the lives of some 400 brave Setback in Ramadi.’’ I am very optimistic about Iraq. I think Associated Press: ‘‘Rout in Ramadi it’s going to be one of the great achieve- Americans and some 1,000 in the first ments of this administration. You are going battle of Ramadi during the surge. calls U.S. strategy into question.’’ to see a stable government in Iraq that is ac- These are quotes from the media re- Bloomberg: ‘‘Islamic State Victory tually moving toward a representative gov- ports: Bodies, some burned, littered the Threatens to Unravel Obama’s Iraq ernment. streets as local officials reported the Strategy.’’ In December 2011, at a Fort Bragg militants carried out mass killing of The only problem with that state- event marking the end of Iraq war, Iraq security forces and civilians. ment is there is no strategy to unravel. President Obama said: Islamic state militants searched door-to- The Daily Beast: ‘‘ISIS Counterpunch But we are leaving behind a sovereign, sta- door for policemen and pro-government Stuns U.S. and Iraq.’’ ble and self-reliant Iraq. This is an extraor- fighters and threw bodies in the Euphrates According to the Associated Press: dinary achievement, nearly 9 years in the River in a bloody purge Monday after cap- ‘‘The United Nations says it is rushing making. turing the strategic city of Ramadi. . . . aid to nearly 25,000 people fleeing for In March 2012—this is perhaps my fa- Some 500 civilians and soldiers died in the the second time in a month,’’ after the vorite—Tony Blinken, then national extremist killing spree. . . . They said [ISIS] militants were going Islamic State group seized the key security adviser to Vice President door-to-door with lists of government sym- Iraqi city. BIDEN, stated: ‘‘Iraq today is less vio- pathizers and were breaking into the homes The U.N. reported 114,000 people fled lent, more democratic, and more pros- of policeman and pro-government tribesmen. Ramadi in April. The U.N. reports it perous than at any time in recent his- So the Chairman of the Joint Chiefs has helped more than 130,000 people tory.’’ of Staff said it is not symbolic in any over the past alone. This is November of 2012, and Presi- way. It is not central to the future of Continuing: ‘‘Bodies, some burned, dent Obama on the Presidential cam- Iraq. It was in response to those com- littered the streets as local officials re- paign trail said: ments that Debbie Lee sent a letter to ported the militants carried out mass The war in Iraq is over, the war in Afghani- General Dempsey. Debbie’s son, Marc killings of Iraq security forces and ci- stan is winding down, al Qaeda has been deci- mated, Osama bin Laden is dead. The war in Alan Lee, was the first Navy SEAL vilians.’’ It goes on and on. Iraq is over. The war in Afghanistan is wind- killed in the Iraq war. For his bravery ing down. Al Qaeda has been decimated. he was awarded the Silver Star and his Before I turn to my friend from Osama bin Laden is dead. South Carolina, I just want to point comrades renamed their base in So we have made real progress these out, my friends, that this did not have Ramadi ‘‘Camp Marc Alan Lee.’’ last 4 years. ‘‘I am shaking and tears are flowing to happen. This is the result of a failed, In January 2014—I guess this is my down my cheeks as I watch the news feckless policy that called for, against favorite—President Obama on ISIS: all reason, the total and complete and listen to the insensitive, pain-in- The analogy we use around here some- flicting comments made by you in re- withdrawal from Iraq after we had won times, and I think is accurate, is if a jayvee gards to the fall of Ramadi’’ Debbie with the enormous expenditure of team puts on Lakers uniforms that doesn’t wrote General Dempsey. American blood and treasure, including make them Kobe Bryant. She continues: 187 of them in the battle of Ramadi. He was talking about ISIS: My son and many others gave their future In 2011, Senator LIEBERMAN, GRAHAM, The analogy we use around here some- in Ramadi. Ramadi mattered to them. Many and I argued that the complete pullout times, and I think is accurate, is if a jayvee military analysts say that as goes Ramadi so from Iraq would ‘‘needlessly put at risk team puts on Lakers uniforms that doesn’t goes Iraq. all of the hard-worn gains the United make them Kobe Bryant. Debbie Lee is right. Ramadi does States has achieved there at enormous We are seeing a dark chapter in matter. It matters to the families of cost in blood and treasure,’’ and poten- American history, and it is the getting the 187 brave Americans who gave their tially be ‘‘a very serious foreign policy darker. In response to a slaughter in lives and another 1,150 who were and national security mistake for our Ramadi, the answer seems to be: ‘‘Let’s wounded, some of them still residing at country.’’ not set our hair on fire [over this].’’ Walter Reed hospital, who were wound- We wrote a long article in the Wash- That was by the President’s Press Sec- ed fighting to rid Ramadi of Al Qaeda ington Post. In October, 2011, on the retary, and that Ramadi isn’t impor- from August 2005 to March 2007. day President Obama announced a tant at all, from the Chairman of the And it matters to the hundreds of total withdrawal of troops from Iraq, Joint Chiefs of Staff. This is a ‘‘tem- thousands of Iraqis, mostly Sunnis, Senator MCCAIN called the decision ‘‘a porary setback.’’ This is, according to who call Ramadi home, were forced to strategic victory for our enemies in the the Secretary of State, ‘‘a target of op- flee their homes, and feel their govern- Middle East, especially the Iranian re- portunity.’’ ment cannot protect them against gime,’’ and warned that ‘‘I fear that all Where is our morality? Where is our ISIL’s terror. of the gains made possible by these decency? Where is our concern about

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.031 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3111 these thousands of people who are losing in Iraq, under our Republican Why do we need thousands of soldiers being slaughtered and displaced and President, called for the resignation of over there? To protect the millions of their lives destroyed? And we shouldn’t the Secretary of Defense and a new us here. And the only reason I would set our hair on fire? Outrageous. strategy. We saw with our own party in ever ask any soldier to go back over- I ask my friend, Senator GRAHAM, the White House that we were failing seas for any purpose is if I believed it what we should do next. in Iraq and we could not succeed. was important to protect our home- Mr. GRAHAM. Well, we should under- Mr. GRAHAM. Yes, I remember very land—and I do. So this strategy that stand that the direct threat of the vividly going to the White House after we have in place is a complete failure homeland is growing by the day. multiple visits to Iraq and telling inside of Syria, particularly, and it is If you want to be indifferent to what President Bush: When your people tell not working inside of Iraq. is going on in Iraq and say that people you this is just a few dead-enders, and We are on borrowed time, Senator are dying all over the world and that is this is the result of bad reporting by MCCAIN. no reason for us to care or get in- our media, they are wrong. President Obama, you need to listen volved, because we can’t be everywhere Mr. MCCAIN. And that stuff happens. to sound military advice. You need to all the time doing everything for ev- Mr. GRAHAM. Yes, it wasn’t that build up the Iraqi military by having erybody, I would suggest to you that stuff happens; it was that we had it more of us on the ground to help them ISIL in Syria and Iraq represents a wrong. The strategy we had in place up and turn the tide of battle before ISIL growing threat to our homeland. But to 2006 was failing. And the way you gets even stronger and they hit us here. you don’t have to believe me. Ask our know it was failing is that if you go If you don’t adjust, the price that we intelligence community. there often enough—I remember the are going to pay as a nation is, I be- Over 10,000 foreign fighters have gone first trip we took in Iraq after Baghdad lieve, another attack on the homeland. into Syria in support of ISIL over the fell. We were in three SUVs. We went So at the end of the day, you can last few months. Their goal is to hit downtown, shopping, and met with blame Bush, you can blame Obama, the American homeland, so this JV some leaders. And every time we went you can blame me, and you can blame team is becoming an existential thereafter, it was always a bit worse, Senator MCCAIN. We are where we are. threat—maybe not existential, maybe to the point that we were inside of a And I am convinced, if we had left a re- that is an overstatement—a real threat tank, virtually, to go outside the wire. sidual force behind in Iraq, we would to the American homeland. It was clear to anybody who was pay- not be here today. Ramadi is a big victory for them. It ing attention at all in Iraq that it was President Bush, like every other is a recruiting tool. They have been not working. I remember talking to a leader in the world, had certain infor- able to take on the Iraqi Army. They sergeant at one of the mess halls and mation—some of which proved to be have been able to stand up to constant asking: Sergeant, how is it going over faulty. He made his fair share of mis- air assault by the American forces. here? takes, but he adjusted. They are surviving, and they are thriv- And his answer was: Well, not very President Obama had good, sound ad- ing. well. We just drive around getting our vice in front of him to leave a residual So if you want to stop the flow of for- ass shot off. force behind. He decided to go in a dif- eign fighters into the arms of ISIL, you About 1 year later, maybe 2 years ferent direction. When they tell you at have to deliver stinging defeats on the later, we went back to the same unit, the White House that the Iraqis didn’t battlefield. Not only are they stronger to different sergeant, after the surge, want us to stay, that is a complete, ab- today in Iraq and Syria than they have and I asked another sergeant: How is it solute fabrication and a rewriting of been in quite a while, but they are ex- going? history. President Obama, Vice Presi- panding their influence to Libya, Af- Sir, we are kicking their ass. dent BIDEN got the answer they want- ghanistan, and throughout the region. So the bottom line here is that I ed. They made a campaign promise to All I can tell you is their agenda in- think Senator MCCAIN and I have been end the war in Iraq. They fulfilled that cludes three things—the purification of more right than wrong. But we were promise, but what they have actually their religion, which means 3-year-old willing to tell our own President it done is lost the war in Iraq. And the little girls are executed. Just hear wasn’t working. He did make mistakes. war in Iraq and what happens in Syria what I said: They executed a 3-year-old We all have. It is not about the mis- is directly tied to our own national se- little girl. They are enslaving women takes you make. It is how you correct curity. by the thousands as sex slaves under your own mistakes. I hope the President will seize this some twisted version of Islam. What This President—President Obama, opportunity to come up with a new they are doing to people we can’t really you are at a defining moment in your strategy that will protect the home- talk about on the floor, because I think Presidency. If you do not change your land and reset order. Radical Islam is it would be just beyond our ability to strategy regarding ISIL in Iraq and running wild in the Middle East, and as comprehend. Syria—because it is one and the same— it runs wild over there, as they rape The second thing they want to do is then this country is very likely to get and murder, plunder and kill and cru- to drive out all Western influence and attacked in another 9/11 fashion. You cify, to think those people will not create a caliphate where our allies need to listen to the people in the in- eventually harm us I think is naive. have no place. The King of Jordan telligence community and those who The only way we are going to stop would be deposed. All the friends of the have been in the military in Iraq for a ISIL and people like ISIL is to come up United States and people who live in very long time. You are about to make with a strategy that will allow us to peace with Israel, they fall. And then a huge mistake if you don’t change win. The strategy we have in place their place becomes the most radical your strategy. today will ensure the existence of ISIL Islamic regime known in the history of I know Americans are war weary, but as far as the eye can see, the fracturing the world, which will destroy Israel if let me just say this to the American of Iraq and Syria, and one day will in- they can—purify their religion, destroy people. The current strategy is going evitably lead to an attack on this Israel, and come after us. to fail, and one of the consequences of country. All of this is preventable with President Obama, President Bush failure is the likelihood of our country a new strategy. made mistakes. He adjusted, you have or our allies getting hit and hit hard. Mr. MCCAIN. Madam President, on not. President Bush had a defining mo- We don’t have enough American forces behalf of Senator GRAHAM and me and ment in his Presidency in 2006. The in Iraq to change the tide of battle. We many others, I have a message for Iraq war was going very poorly. We had need American trainers, advisers, Spe- Marc Alan Lee’s mother—the mother just gotten beaten on the Republican cial Forces units, and forward air con- of the first Navy SEAL who was killed side, and the Iraq war was one of the trollers to make sure the Iraqi Army in the Iraq war and who, for bravery, reasons we lost at the ballot box. can win any engagement against ISIL. was awarded the Silver Star—and 186 Mr. MCCAIN. Could I interrupt my If we keep the configuration we have other mothers who lost their sons in friend and point out that both of us, be- today, it is just going to result in more the battle for Ramadi: I will never cause of our perception that we were losses over time. stop. I will never stop until we have

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.033 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3112 CONGRESSIONAL RECORD — SENATE May 20, 2015 avenged their deaths. And we will bring What if we have a Republican Presi- in 18 months, and there is nothing this freedom and democracy to Iraq. dent in 2016 or 2020? Look, I hope that President can do to stop the next But more importantly than that is will not be the case, but this is a de- President from reversing direction in the threat this radical Islam and the mocracy and it is not up to me. Most the European negotiations. Iranians pose to our Nation and the Republicans—including ones currently Senator MCCONNELL certainly knows young men and women who are serving running for President—are committed this. That is why he is telling Repub- in the military. to rolling back financial reforms. With licans that ‘‘if we want the next Repub- As a result of this President’s feck- fast-track, they could weaken our fi- lican President to have a chance to do less policies, we have put the lives of nancial rules in a trade deal and then trade agreements with the rest of the the men and women who are serving in ram it through Congress with just 51 world, this bill is about that President the military in much greater danger. votes in the Senate. That is a lot easier as well as this one.’’ My highest obligation is to do every- than the 60 votes needed for a head-on That is why I am proposing this thing in my power to see that this situ- attack on the financial rules through amendment—to make sure no future ation is reversed and that they get the the normal legislative process. President can fast-track a trade agree- support and the equipment they need This is a real risk. We are already ment that weakens our financial regu- and most of all that they get a policy deep into negotiations with the Euro- lations. All of my colleagues who be- and a strategy that will succeed and pean Union over a massive trade agree- lieve in holding the big banks account- defeat ISIS and Iran in their hege- ment. The European negotiators are able and keeping our financial system monic ambitions. pressing hard to include financial re- safe should support this amendment. Mr. President, I yield the floor. forms as part of that trade deal. And I yield the floor. The PRESIDING OFFICER (Mr. SUL- lobbyists from the United States have The PRESIDING OFFICER. The Sen- LIVAN). The Senator from Massachu- recognized that the European trade ator from Ohio. setts. deal is a great opportunity to weaken Mr. PORTMAN. Mr. President, I have Ms. WARREN. Mr. President, I come America’s financial reforms. come to the floor a number of times to the floor to support an amendment I Here is what a member of the Euro- this week to talk about the trade issue, filed with Senators MERKLEY, BALDWIN, pean Parliament said just a few and we are now debating that legisla- and BLUMENTHAL. The amendment is months ago: ‘‘I have been approached tion. I have put up this sign because it simple. It says Congress shouldn’t by lobbyists that have clearly argued is being used by folks on our side of the make it easy to pass any trade deal they want to have a weak European aisle to talk about the importance of that weakens our financial rules. regulation, much weaker than Dodd- this agreement. It talks about a free In 2008, we suffered through the worst Frank, in order to use that afterwards and fair trade agreement for a healthy financial crisis in generations. Millions as a level to undercut or undermine economy. I agree that it needs to be of families lost their homes. Millions of Dodd-Frank in the transatlantic nego- fair, and I agree we need to expand ex- people lost their jobs. Millions lost tiations.’’ ports. their retirement savings. And they The big banks on both sides of the I support for the first time in 7 years watched as the government spent hun- Atlantic are pushing for changes, too. giving the U.S. Government the ability dreds of billions of their tax dollars to A letter from some of the largest finan- to knock down barriers to our farmers, bail out the giant banks. cial industry groups in Europe and the our workers, and our service providers In response, Congress passed some United States called for an ‘‘ambitious so we can get a fair shake, but we have commonsense financial reforms—the chapter’’ on financial regulations in to be sure it is fair. And so to my col- Dodd-Frank act. These new rules the European trade deal. I don’t think leagues who have put up this sign and cracked down on the cheating and they are looking to make our regula- then have opposed the amendment I am lying in the financial marketplace. tions stronger. about to talk about, I hope they will They required the big banks to raise Michael Barr, a former senior Obama focus on the fair part as well as the ex- more capital so they wouldn’t need a official at the Treasury Department pansion of trade to make sure it does bailout if they started to stumble. and one of the architects of Dodd- indeed give our farmers and workers a They gave our regulators new tools to Frank, said that the risk to Dodd- fair shake. oversee the biggest banks to make sure Frank in a European trade deal is ‘‘real There has been a lot of debate about the rules were followed. and meaningful and worth worrying a particular amendment dealing with It is no surprise the giant banks about.’’ Barr has noted that European currency manipulation. It turns out ev- don’t like the new rules, so for 5 years officials are ‘‘barnstorming the U.S., erybody is against currency manipula- now they have been on the attack. looking for support to include financial tion. Maybe that has been an evo- They have sent their armies of lobby- services as part of the talks on the pro- lution, but everybody is now saying the ists and lawyers and their Republican posed Transatlantic Trade and Invest- same thing. The question is whether it friends in Congress to try to roll back ment Partnership,’’ while the financial should be enforceable. the rules and let the giants of Wall industry looks to use talks to ‘‘over- AMENDMENT NO. 1299 Street run free again. Democrats stood turn the pesky—and highly effective— There has been a lot of discussion on strong to fight off these attacks be- rules being implemented in the U.S. the floor here today about the amend- cause we knew that thoughtful rules under the Dodd-Frank act.’’ ment I am offering with Senator STA- can help stop the next financial crisis The Obama administration, to their BENOW, and frankly there has been and protect our working families from credit, has stood strong against such some misinformation out here that I another great recession. But now, if attempts. Treasury Secretary Jack would like to clarify. this fast-track bill passes, Democrats Lew noted in testimony before the First, I want to talk about what will be handing Republicans a powerful House Financial Services Committee these two amendments do. They are tool they can use to weaken our finan- that there is ‘‘pressure to lower stand- very similar, with one exception. The cial rules. ards’’ on things such as financial regu- amendment being offered by Senator Here is how it works: This fast-track lations in trade deals but that the ad- HATCH and Senator WYDEN does not in- bill applies to any trade deal presented ministration believes that is ‘‘not ac- clude enforcement. So they say that to Congress in the next 6 years, which ceptable.’’ Our lead negotiator, U.S. this is terrible, that we ought not to is through the end of the Obama Presi- Trade Representative Michael Froman, have currency manipulation, but the dency, through the entirety of the next has said that the United States is ‘‘not amendment does not have the courage Presidency, and into the Presidency open to creating any process designed of its convictions. It doesn’t say we after that. Fast-track prevents anyone to reopen, weaken, or undermine im- should do anything about it. in Congress from offering any amend- plementation’’ of Dodd-Frank. And Here is the language. First, both ments to a trade bill. And in the Sen- President Obama’s administration says have basically the same definition— ate, with fast-track, a trade bill can our trade deals should not include reg- targeting protracted and large-scale pass with just 51 votes, not the 60 typi- ulation of financial services. I agree. intervention in the exchange markets cally required for major bills. But this President won’t be President by a party to a trade agreement to gain

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.035 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3113 an unfair advantage. What that basi- like intellectual property protection, that but at the same time ensure that cally means is that people lower their like what the tariff level ought to be, we have a more level playing field. currency deliberately by intervening in like labor and environment standards— People have said it is a poison pill be- order to make their exports less expen- and it is up to the administration to cause some of our partners in TPP sive to the United States and make our determine exactly how to proceed with don’t want to have to live up to their exports to them more expensive. That that. That flexibility is in here. It is a obligations under the International is not fair. But basically we both iden- trade negotiating objective, and that is Monetary Fund. To my colleagues I tify the same problem and ensure that appropriate, too, in my view. I am a would just say that should concern us. we are focused on this issue of real cur- former U.S. Trade Representative. I The last thing we want to do is to com- rency manipulation. used to negotiate these agreements. plete an agreement called the Trans- Second, the amendment I am offering The trade negotiation objectives are Pacific Partnership and then find out has a specific exemption for what we something we took seriously, but we after the fact that all these tariffs we call macroeconomic policy or specifi- were given some flexibility. This reduced, all these nontariff barriers cally domestic monetary policy. In amendment provides that flexibility. that got knocked down didn’t matter other words, QE1, 2, and 3 would not be Finally, there has been a lot of dis- much because these same countries de- affected by our amendment. Yet, even cussion about poison pills. I have joked cided they were going to manipulate though the Hatch-Cornyn folks are that this is more like a vitamin pill their currency, which undoes so much saying they are concerned about that than a poison pill because this would of the benefit of a trade agreement. in our amendment, that it might affect actually help strengthen this under- Paul Volcker, former Fed Chair, has domestic policy and monetary policy, lying agreement and help us get more said it well: ‘‘In five minutes, exchange they don’t have it in their amendment. support for trade. rates can wipe out what it took trade We have it in ours. The polling data on this, by the way, negotiators ten years to accomplish.’’ So we not only define currency ma- is overwhelming. Nine out of ten Amer- So it should concern us if our trading nipulation so that it is clear that it ap- icans agree that we have to deal with partners aren’t interested. plies to the kinds of standards the currency manipulation. Why? Because By the way, two of them—Japan and International Monetary Fund cur- they think it is wrong. It is wrong. Malaysia—have engaged in currency rently requires—by the way, to all of So I have heard it is a poison pill, manipulation in the past. Are they the countries that might be signatory first because it might hurt us here in doing it now? In my view, no. In the to the so-called Trans-Pacific Partner- the Senate. Just the opposite is true. IMF view, no. But they have. Japan ship; all of them—but it also explicitly There are Senators who have told me hasn’t done it since 2012, but before says in ours that this shall not be con- they would like to support trade pro- that they did it over 300 times. strued to restrict the exercise of do- motion authority but they need some- Why the heck wouldn’t we want to mestic monetary policy. Therefore, thing on currency manipulation to help have a provision in here that says: I ours is a stronger amendment with re- them get there. know you are not doing it now, but gard to that issue. Is it a poison pill in the House? Well, now that we have come up with this I also noticed something about their the vote in the House apparently is great agreement to expand access for amendment that is interesting. They tough to come by for TPA. I hope it American farmers and American work- say theirs has to be consistent with ex- does end up being a TPA that can pass ers and American service providers to isting obligations of the United States the Senate and the House. As I said Japan, let’s be sure you don’t do it in as a member of the IMF and the WTO— earlier, I think it is the right thing for the future and undo all those gains. the World Trade Organization. Ours the workers I represent to expand to And why would they be worried about says the same thing, except consistent markets overseas. But this will help, it that? Why would they not sign up for with existing principles and agree- won’t hurt, because this will give Re- that kind of commitment? Why ments, meaning the other countries publicans from my home State of Ohio wouldn’t the United States sign up and have to live up to their agreements and around the country the ability to all these other countries? Malaysia is also. go home and look their workers in the the other country that has in the past I am not quite sure why they don’t eye and say: You know what, we fo- manipulated its currency. Why think other countries should have to cused on the fair part here. We focused wouldn’t they sign up for this? If they live up to their obligations. When you on ensuring that if you work hard and are refusing to do so, if this is consid- sign up with the IMF and the WTO, you play by the rules, you will have a ered a poison pill for that reason, we are required not to manipulate your chance to compete and a chance to win. should be worried about it. currency. Yet, people do it because Finally, they say: Well, it is a poison I thank the Presiding Officer for giv- there is no enforcement. Their amend- pill because of the White House, be- ing me the time to clarify some of the ment doesn’t deal with this issue di- cause there was a veto threat rec- statements made earlier on the floor rectly. Ours does—have it be consistent ommended by the Secretary of the today. I hope every Member of the Sen- with the obligations these countries Treasury yesterday. Well, it was a rec- ate will decide, as they talk about the have already undertaken. ommendation; it wasn’t a Statement of need for more enforcement, that this is Finally and, of course, the most im- Administration Policy. exactly what we are talking about and portant part is the enforceability. I would just reference the President’s that they will ensure this trade pro- There were 60 Senators who in 2013 own statements on this. I know how he motion authority representing the signed a letter—and the letter went to feels about it; he is against currency views of the Congress includes real en- the President—regarding trade agree- manipulation. In fact, he said that he forcement and real help for the work- ments and currency manipulation. The wanted to be sure to work with col- ers we represent. letter said: We need to have enforce- leagues, ‘‘that any trade agreement The PRESIDING OFFICER. The Sen- able currency manipulation provisions. brought before the Congress is meas- ator from Kentucky. Sixty Senators. A number of those Sen- ured not against administration com- PATRIOT ACT ators are still here in the Senate, of mitments but instead against the Mr. PAUL. Mr. President, there course. I think they were genuine in rights of Americans to protection from comes a time in the history of nations signing that letter. I was one of them, unfair trade practices, including cur- when fear and complacency allow and I certainly was. I am also a signa- rency manipulation.’’ He said he power to accumulate and liberty and tory to other legislation and have been couldn’t vote for a trade agreement privacy to suffer. That time is now. working on this issue for a long time. without enforceable practices on cur- And I will not let the PATRIOT Act— Ten years ago, I testified in this Con- rency manipulation—enforceable so the most unpatriotic of acts—go un- gress about this very issue. But I hope that the rights of Americans could be challenged. those 60 Senators understand that they protected. So I know where the Presi- At the very least, we should debate. said they wanted it to be enforceable. dent stood on it, and I hope he will re- We should debate whether we are going Ours is enforceable. It says it is to be member that this is about expanding to relinquish our rights or whether we enforceable just like anything else— trade. And that is good. We need to do are going to have a full and able debate

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.036 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3114 CONGRESSIONAL RECORD — SENATE May 20, 2015 over whether we can live within the If I am the judge and they ask me for standard is. Under the Constitution, Constitution or whether we have to go the Tsarnaev boy’s records—the Boston the standard is probable cause, which around the Constitution. Bomber—the Russians had investigated means there is some evidence or sus- The bulk collection of all Americans’ him. He had gone back to Chechnya. picion that you have done something phone records all of the time is a direct Yet, nobody asked for a warrant to illegal. But the standard now is rel- violation of the Fourth Amendment. look at his stuff. We didn’t even know evance, which means, is it relevant to The Second Appeals Court has ruled it he went back to Chechnya. And then an investigation? But the court said is illegal. we had the disaster at the Boston Mar- that even that looser standard of rel- The President began this program by athon. evance completely destroys any mean- Executive order. He should imme- I would make the argument that we ing of any words if we are going to say diately end it through Executive order. spend so much time making the hay- every American’s phone record in the For over a year now, he has said the stack bigger and bigger that we can’t whole country is somehow relevant to program is illegal. Yet, he does noth- find the needle because the haystack is an investigation. ing. He says: Well, Congress can get rid too darned big. We keep making it big- But it gets worse. They don’t even of the PATRIOT Act; Congress can get ger and bigger, and we are taking re- have to prove it. The government says of the bulk collection. Yet, he has the sources away from the human analysts to the court that they think it is rel- power to do it at his fingertips. He who should be looking and seeing when evant, but there is no challenge and began this illegal program. The court Tsarnaev travels outside of our coun- there is no debate. It is just taken at has informed him that the program is try. face value—or at least it was until this illegal. He has every power to stop it. We recently had another terrorist court ruling was appealed. So we now Yet, the President does nothing. travel from Phoenix to Texas. We had have the second appeals court that said Justice Brandeis wrote that the right arrested him previously. My guess is this bulk collection of phone records is to be left alone is the most cherished of there was sufficient cause—probable illegal. rights, most prized among civilized cause—for a real warrant to look at his There are many different programs men. The Fourth Amendment incor- activities, and we should. But I don’t going on. This is the only one we know porates this right to privacy. The think we are made any safer by looking about where our government is col- Fourth Amendment incorporates this at every American’s records. lecting our records, and the only rea- right to be left alone. In fact, when this came up, the gov- son we know about it is not because When we think about the bulk collec- ernment said: Well, we have captured the government was honest with you— tion of records, we might ask, well, 52 terrorists because of this. But then the government was dishonest. The Di- maybe I am willing to give up my free- when the President’s own privacy com- rector of National Intelligence tried to dom for security. Maybe if I just give mission looked at all 52 of them, there basically lie to the American people up a little freedom, I will be more safe. was a debate about whether one had Most of the information that comes and say it didn’t exist. So we know been aided but not found by these on whether you are safe comes from about this one, but what other pro- records and would have been found by people who have secret information grams are out there? other records. you are not allowed to look at. So you There is something called Executive We have to decide as a country have to trust the people—you have to Order 12333. There are some who be- whether we value our Bill of Rights, trust those in our intelligence commu- lieve this is just the tip of the iceberg, whether we value our privacy, or nity that they are being honest with the bulk collection; that there is an whether we are willing to give that up you, that when they tell you how im- enormous amount of data being col- to feel safer, because I am not even portant these programs are and that lected on people through this other sure you really can argue that we are you must give up your freedom, you program. safer, but people will argue that they must give up part of the Fourth One question is, if there is no Fourth Amendment—when they tell you this, feel safer. But think about it. Is the Amendment protection to your you have to trust them. standard to be that if you have nothing records, are they collecting your credit The problem is, we are having a great to hide, you have nothing to fear but card bills? I don’t know the truth of deal of difficulty trusting these people. that everything should be exposed to that. I would sure like to know. I don’t When James Clapper, the head of the the government, that all of your know whether to trust their answer if I intelligence agency, the Director of records can be collected? asked them, if they will be honest with National Intelligence, was asked point Some will say these are just boring us and say are they collecting our cred- blank, are you collecting the phone old business records. Why would you it card records. records of Americans in bulk, he said care if they could find out who you People might say: Well, your credit no. It turns out that was dishonest. called and how long you spoke on the card records are just boring old busi- Yet, President Obama still has him in phone? Well, two Stanford students did ness records. Why would you care? place. a study on this. They got an app and But think about it. If the govern- So when they say how important they put the app on the phone—volun- ment has your Visa bill, they can tell these programs are and how they are tarily—of 500 people. These people then whether you drink, whether you keeping us safe from terrorists, we are made phone calls. All they looked at smoke, what restaurants you go to, having to trust someone who lied to a was how long they spoke—metadata— what your reading material is, what congressional committee. It is a felony and whom they spoke to, the phone magazines or books you read, what to lie to a congressional committee, number to which they were connected. doctors you see, what medicines you and nothing has been done about this. What they found was that without any buy? Do you buy medicine? Do you About a year ago, we began having other information, 85 percent of the gamble? All of these things can be de- this debate because a whistleblower time they could tell what their religion termined. came forward and said: Here is a war- was; more than 70 percent of the time Not only can they determine stuff di- rant for all of the phone records from they could tell who their doctor was; rectly from your phone bill and di- Verizon. they could tell what medications they rectly from your Visa bill, they now You say: Well, maybe they have evi- took; they could tell what diseases have the ability to merge all of this in- dence that people at Verizon were they had. The government shouldn’t formation. Apparently, they have the doing something wrong. have the ability to get that informa- ability to collect your contact lists, There is no evidence. This is that tion unless they have suspicion, unless and sometimes they are collecting this they want everyone’s phone records. they have probable cause that you in a way that is somewhat nefarious. I don’t have a problem with going committed a crime. We are supposed to be spying on for- after terrorists and getting their When they looked at this, the appeals eigners—foreigners who might attack records, but you should call a judge court was flabbergasted that the gov- us. I am all for that. But what happens and you should say the name of the ernment would make the argument is there is a lot of data that goes in and terrorist, and then you get their that this was somehow relevant to an out of the country. In fact, sometimes records as much as you want. investigation—because that is what the an e-mail from New Jersey to Colorado

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.038 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3115 might go through a server in Brazil. believe, James Otis was arguing before equivalent to prostitution. That did Once it gets to a server in Brazil, they the courts. He was arguing against not make the King very happy, so the can not only look at your metadata— something called the writs of assist- King wrote out a warrant for the arrest how long and whom you talked to—the ance. A writ of assistance was a type of of anybody who had to do with the content is now available. It all gets warrant, but it was a generalized war- writing of this North Briton No. 45. But scooped up. It is all being analyzed. rant. No one’s name was on it; It just the warrant did not have anybody’s They are doing the social network of said: You are welcome to search any- name on it. It was a generalized war- who your friends are. Some have said body’s house to make sure they are rant. this could potentially have a chilling paying the stamp tax. He said: Arrest anybody. effect on the First Amendment. Do you wonder why the Colonists So they broke down John Wilkes’ There was a time in our country not hated the stamp tax? It was not just door. They rifled through and ruined too long ago, in the lifetime of most of the tax; it was the fact that the gov- the contents of his house, arrested him, us, when if you called the NAACP, you ernment could break the door down, put him in irons, and took him to the might not want your neighbors to come in, and rifle through their papers. Tower of London. They did the same to know or if you were a member of the Writs of assistance were something 49 other people. But John Wilkes was NAACP, you might not want your called a general warrant. not about to take this lying down, so neighbors to know or if you were call- This same battle had gone on in com- John Wilkes actually then decided that ing the ACLU or a member of the mon law in England and developed as he would sue the King. ACLU, you might not want your neigh- one of our precious rights that we actu- I tried doing the same thing. I tried bors to know. It can have a chilling ef- ally kept from the English tradition. suing the President, and it has not fects on your expression of your John Adams wrote about James Otis gone so well. But the thing is that ev- speech, whom you associate with, and fighting against these general war- erybody ought to think they have the whether you are fearful to have asso- rants, and he said it was the spark that ability and the equality to sue even ciation with people because you are led to the American Revolution. That their leaders. fearful that knowledge might be known is how important this is. So he sued the King, and something by the government. The Fourth Amendment was a big remarkable happened. This was in the People say: Well, certainly that deal to our Founders. The right to pri- early the 1760s. When he sued the King, would never happen. vacy, as Justice Brandeis said, the he actually won. I think the award was During the civil rights era, many of most cherished of rights, is a big deal. like 1,000 pounds, which would be a sig- the civil rights leaders were spied upon We should not be so fearful that we are nificant sum of money for us in today’s illegally by the government through il- willing to relinquish our rights without terms. It was a big victory. It was part legal wiretaps. a spirited debate. of the discussion going on simulta- Many Vietnam war protesters were The debate over the PATRIOT Act, neously over here with James Otis. It also spied upon illegally by the govern- which enshrines all of this and got this was a big deal. ment. The reason we have the Fourth started, goes on about every 3 years or So often my party does such a great Amendment is to have checks and bal- so. It has a sunset provision. It is set to job talking about the Second Amend- ances. Everything that is great about expire in the next few days. But we are ment and the right to bear arms. I am our country is checks and balances. Let’s say we have a rapist or a mur- mired in a debate over trade. There is all for that. But the thing is, I do not derer in Washington, DC, today. Let’s another debate over the highway bill. think you can adequately protect the say it is 3:00 in the morning and the po- And the word is that we will not get Second Amendment unless you protect lice come to the house. They think the any time to actually debate whether the Fourth Amendment, the right to rapist or murderer is inside. They do we are going to abridge the Fourth privacy. Your house is your castle. The not just break the door down. If there Amendment, whether we are going to right to not have your castle invaded is is no commotion, no noise, no immi- accept something that one of the high- so important. nent danger, they stand outside and get est courts in our land has said is ille- I will give an example. A lot of peo- on their cell phone and call a judge. Al- gal. Are we going to accept that with- ple think we will be safer if we collect most always the judge grants a war- out any debate? gun records. A few years ago, they col- rant. Then the police go in. I, for one, say there needs to be a lected all the gun records and they had But why do you want that to happen? thorough debate, a thorough and com- them in Westchester County, near New Sometimes people come up to me and plete debate about whether we should York City. A newspaper decided they they say ‘‘I am a policeman’’ or ‘‘I allow our government to collect all of would publish them. They really did work for the FBI.’’ Many of my friends our phone records all of the time. not think this through. But you can are policemen and work for the FBI, In England, about the time of James see the danger of what happens when and they say ‘‘Don’t you trust us?’’ It Otis, there was another man by the the government has records and then is not about the individual. Laws are name of John Wilkes. I learned about releases them to everybody. not about whether we trust one person this story in reading my colleague Sen- Imagine a woman who has been or your brother is a policeman and ator LEE’s book recently. John Wilkes abused or beaten by her husband and your brother would never do anything was a rabble-rouser. He was a dis- has left him. She lives in fear of him wrong. It is not about your brother. It senter. Some called him a libertine. I finding her. Now the registration is not about your friend. It is about the do not know about his morals, but I comes out and says where she lives and potential for there to be a rotten apple, know he was not afraid of the King. that she has a gun or, worse yet, where someone who would take that power The King was becoming more and she lives and that she does not have a and abuse that power. We have laws more powerful at that time. That is gun. not for most of us. It is for the excep- one of the complaints we had as well. Think about prosecutors and our tion. It is for something out of the or- So John Wilkes began his own news- judges. I know many of them who put dinary. But it is also to prevent sys- paper. It was called the North Briton, bad people away, and many of them temic bias from entering into the situ- and he labeled it with numbers. The have concealed carry. Many of them ation. For example, there was a time in one at the time became the North Brit- travel to work. The security meets the South when it might have been on No. 45. It became so famous them in the parking lot. They go to that a White person from the govern- throughout England that it was also work, but they worry. We have had ment might have decided they were part of our idiom, part of our language sherifs and we have had prosecutors going into the home of a Black person in the United States. Everybody knew killed in Kentucky because the crimi- just because of racial bias. You get rid what 45 was if you mentioned it. But he nals were angry that they were locked of bias by having checks and balances, wrote something about the King. He up. by always saying you have to ask basically wrote what would be an op-ed We do not want all of our records by somebody else for permission. in our day. He made the mistake of the government to be put out there in When we were leading up to the war sort of saying that the King’s behavior public for everybody to know where we for our independence in about 1761, I or the Prime Minister’s behavior was live and whether we have a gun.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.039 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3116 CONGRESSIONAL RECORD — SENATE May 20, 2015 You can see the issue of privacy is ten anyone independently; we have not As the debate unfolded the first time not a small issue. It is a big issue. It found any terrorist independently of for the PATRIOT Act, something oc- was incredibly important to our this. But still some people are so fear- curred that happens frequently around Founding Fathers. ful, they are like: How can we get ter- here. There is not enough time. Hurry Some have said it is too late to even rorists? We will be overrun with terror- up, hurry up, there is not enough time. get this back. There have been articles ists, and ISIS will be in every drug- It is kind of like the debate right now. written in the last few weeks that say store and in every house in America if Unless we insert ourselves at this that whether or not the PATRIOT Act we do not get rid of the Constitution, if moment, I am not sure we will have expires, the government will just keep we do not let the Fourth Amendment any debate on the PATRIOT Act. It has on doing what they are doing. In fact, lapse, and if we do not just let every- been set to expire for 3 years. We have there is a provision in the PATRIOT body pass out warrants. known it was coming, and the question Act that says any investigation al- That is what we do under the PA- is, Do we not have enough time because ready begun before the deadline can go TRIOT Act. The PATRIOT Act allows we just don’t care enough? Are we on in perpetuity. the police to write their own warrants. going to relinquish our rights or con- The other thing is that there are peo- This is one of the fundamental separa- strict our rights to the Bill of Rights, ple now writing—John Napier Tye, who tions we did with the Fourth Amend- even though we know it is coming up was the Internet watchdog for this pro- ment. This was probably the most im- and that we have to do something else gram, wrote that he believes that Exec- portant thing we did, to separate police that occupies all of our time? utive Order 12333 is really allowing all power from the judiciary, to have a Senator WYDEN and I have a series of this bulk collection under what the check and a balance so you would amendments. Our amendments would President says are article II authori- never get systemic bias, so you would try to reform some of this. Our amend- ties. never get political or religious or ra- ments would say that NSLs, national Article II gives the President and the cial bias in your judicial system. We security letters, cannot just be signed executive branch different powers, but separated these powers. by the police, that they would have to these are not unlimited powers. Some We now let the police write their own go to a judge. think they are. Some say the President warrants. It is a special form of police. People argue: Well, how would we has the absolute power when it comes It is the FBI, but they are domestic po- catch terrorists? The same way we to war. Article II actually comes after lice. The FBI is allowed to write their catch other people who are dangerous, article I. In article I, section 8, the own warrants. These are called na- such as murderers and rapists, anybody President was told he does not get to tional security letters. They do not in our society. In fact, when you look initiate war. The most basic of powers have to be signed by a judge. There is at the criminal process for criminal with regard to war were not actually no probable cause. If they come into warrants, warrants are almost never given to the President; they were given your house, there is no ability for you turned down. But just that simple to Congress. to complain. In fact, sometimes they check and balance of having the police What is sad about this, what is going are now coming into our houses with- call a judge is one of the fundamental on now is that Congress has not shown out us knowing about it. This is called aspects of our jurisprudence, and we sufficient interest in what the execu- a sneak-and-peek warrant. Like every- gave it up so quickly on the heels of 9/ tive branch does on a host of things, thing else, the government says we will 11 because of the fear. whether it be regulation, whether it be be overrun with terrorists if we do not The thing is, when the PATRIOT Act the enormous bureaucracy, but really let the government quietly sneak into came forward, most people didn’t even so much power has shifted and gone our house when we are gone and put in read it. There was a committee bill and from Congress and wound up in the ex- listening devices, search through our this and that and there was a last- ecutive. papers and read all of our stuff while minute substitution. It was given It is the same way with intelligence. we are gone. hours, and it was simply passed in a We have intelligence committees, but They do not have to have probable spate of fear. the question is, Are they asking suffi- cause necessarily for these. It is a As we look at what happened at that cient questions? There are some. Sen- lower standard. But we are letting the time, I think we now have the ability ator WYDEN has been a leader in this. FBI write this without a judge review- to look backward and say: Is there an- He and I have worked together. He ing it. other way? When we start with the doc- really has been the leader because he I have a friend who is an FBI agent. trine that a man’s house or a woman’s has been on the Intelligence Com- I play golf with him. He is like: Don’t house is their castle, it was a very old mittee. He has more information, real- you trust me? I do trust him. I do not notion, maybe even dating back to the ly, than the rest of us do, but he at trust everybody. times of Magna Carta. Our castle and times has been hamstrung because Madison said that if government was our papers are a little bit different once you know information, if it is told comprised of angels, we would not need now, and the Supreme Court has not to you in a classified setting, you are restrictions, we would not need laws. quite caught up to where we are tech- not allowed to talk about it. Some- Patrick Henry said that the Constitu- nologically. They are getting there, times it actually makes sense, if you tion is about restraining the power of but this really needs to be debated and want to speak out, not to actually government. It is not about the vast discussed at the Supreme Court level learn through the official channels but majority of good people who work in because the thing is we don’t keep our to read on the Internet because if you government. It is about preventing the papers in our house anymore. In fact, learn about it through official chan- bad apple. It is about preventing the we have gone to such a paperless soci- nels, you cannot say anything about it one bad person who might get into gov- ety that 90 percent of your paper—or if even if the government is lying about ernment and decide to abuse the rights you are under 30 years old, 100 percent it. of individuals. of your paper—is held somewhere else. We are talking about an enormous Some say: Well, the NSA has never The question we have to ask is: Do amount of information. We are talking abused anyone’s rights. That may or you retain a privacy interest in your about all of your phone records all of may not be true. They are giving us records? When the phone company the time. the information. We do not get to inde- holds your records, do they have an ob- Recently, there were some com- pendently look at the information. ligation to keep them private? Do you plaints by people in the newspaper. They are telling us. It is the same retain a privacy interest? If the gov- They said: Well, the government is group who says they were not doing ernment wants the records from the really only getting one-third of your any bulk collection of data at all. But phone company, should they be allowed records; they are not getting enough of even if we presume they are telling us to write the name Verizon and get all your records. Some want them to get the truth, it is not really the end of the of the records from Verizon? I, frankly, more of your records. story because the story should be that think that if John Smith has his phone The objective evidence shows, we do not want to allow the abuse of service with Verizon and he is a ter- though, that we really have never got- power to happen. rorist, the warrant should say John

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However, they companies hold the records. I am also going inside of the software. They are found out you were not being perfectly concerned about this for one big rea- asking companies such as Facebook or honest with your taxes. They have got- son: The recent court case has now said demanding that companies such as ten in through a lower standard. the PATRIOT Act does not justify the Facebook give them access through Ultimately, if we let them collect all collection of records, that it is actually their source code so the government of your records and we let a domestic illegal. I am concerned that since the can get in. Now, to Facebook’s credit, crime be prosecuted by this, we could court is now saying section 215 doesn’t they are fighting them, and I think have the government sifting through allow a bulk collection, that in trying more companies are now standing up your credit card records because they to reform this, what is called the USA and trying to fight against this. But in say the Fourth Amendment doesn’t FREEDOM Act, we will actually be a nefarious way, the government is protect records, including your phone granting new power to section 215 that going into the code of Facebook and records—not the content, just all of the court says is not there. The court then inserting malware into other peo- this data. After they put it together is saying that it stands logic on its ple’s Facebook and spreading it and mesh it, they decide, by looking at head to say relevance means nothing, throughout the Internet. your digital footprint, that maybe you that everybody’s records in the whole The government is also looking at are somebody who runs traffic lights. country could be relevant. communications between two nodes. Now we are taking something that We have even changed, over time, the Let’s say you communicate with was intended to capture foreigners and investigations and whether there is a Google and it is encrypted, but then we will capture people domestically full-blown investigation at the begin- when Google has a data center that and prosecute them for domestic ning of an investigation. Who gets to talks to another data center which is crimes, the specific thing they prom- decide or define what an investigation nonencrypted, the government just ised us they would never do. So things is? The bottom line is that we look at hooks up to a cable and siphons off morph and get bigger and bigger. this, and as we move forward, we have records. There is a danger that you will We could have a valid debate about to decide whether our fear is going to have no privacy left at the end of this. whether we have gone too far, but we get the better of us. The Fourth Amendment is very spe- should at least have a debate. Once upon a time, we had a standard cific. The Fourth Amendment says you Shouldn’t we get together and say: in our country that was innocent until have to individualize a warrant and put Let’s have a debate. Let’s devote all proven guilty. We have given up on so a name on the warrant. You have to week to this. much. Now people are talking about a say specifically what records you want, For a while, I have asked to have a standard that is: If you have nothing to you have to say where they are lo- full day and have five or six amend- hide, you have nothing to fear. Think cated, and then you have to ask a judge ments that Senator WYDEN and I could about it. Is that the standard we are for permission. put forward and have a full-fledged de- willing to live under? Think about The sneak-and-peek warrant I was bate over whether the bulk collection whether you believe you still have a talking about before is section 213. It is of our records is something we should privacy interest in the records that are now permanent law. We don’t even get continue to do. held by the credit card companies, your a chance to talk about it. We could re- I think if you look at this and say: bank or the phone company. peal it, and I will have an amendment Where are the American people on this, In the PATRIOT Act, they did some- to repeal it. This is where the govern- well, there has been poll after poll. thing to make it easier to collect ment goes in secretly and says: Well, Well over half the people—maybe well records and to override your privacy we need this lower standard because over 60 percent of the people—think agreement. If you read the nitty-gritty terrorists will get us if we don’t. Well, the government has gone too far. But if of any of these agreements that you we have now had it on the books for a you want an example of why the Sen- have when you use a search engine or decade and do you know who they are ate or Congress doesn’t represent the when you are on the Internet, you do getting? Drug people—people who are people very well or why we are maybe voluntarily say that your information buying, selling or using drugs. That is a decade behind, I would bet that 20 will be shared in an anonymous way, a domestic problem, which also leads percent of the people here would vote but they promise they will not give me to something else about the PA- to just stop this—to truly just stop it— your name to somebody. TRIOT Act that really bothers me. at the most; whereas, 60 to 70 percent The phone company has the same When we first started talking about of the public would stop these things. sort of privacy agreement, but what the standards of the PATRIOT Act and You are not well represented. What has happened through the PATRIOT going from probable cause, which is has happened is that I think the Con- Act is that we have given them liabil- what the Constitution has, to gress is maybe a decade behind the peo- ity protection. At first blush, you articulable suspicion, down to rel- ple. I think this is an argument for why might say we have too many damn law- evance, we said: Well, we are going to we should limit terms. I think it is an suits. I am kind of that way. I am a lower standards because we are going argument for why we should have more physician. We have way too many law- after foreigners. They are not Ameri- turnover in office because we get up suits. I am for cutting back on law- cans and they are not here. We are here and stay too long and get sepa- suits. But at the same time, if you give going to lower the standard, and really rated from the people. The people don’t the phone, Internet or credit card com- there could be some debate in favor of want the bulk collection of their pany immunity to ignore your privacy that. records, and if we were listening, we agreement, they will. When we first did it, we said we could would hear that. Instead of the government storing not use that information for a domes- The vote in the House, while I don’t billions and billions of records in Utah, tic crime. I will give an example. I think the bill is perfect, and I think it the new system is still going to store asked one of the intelligence folks at may well continue bulk collection, was billions and billions of records in the one time to answer a question and was over 300 votes to end this program and phone company, but still the question dissatisfied with the response. Let’s to say we are no longer going to have is: Will we access them in a general say the government comes in through a bulk collection. Yet it looks like the way? It says we are going to look at a sneak-and-peek warrant. They don’t majority in this body says we still need specific person, but if you look at the tell you that they are in your house. bulk collection. In fact, the biggest way ‘‘person’’ is defined, a person could Guess what. They find out you are not complaint from the majority of this be a corporation. I don’t think you a terrorist, but you have paint in your body is that we are not collecting

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The problem is not so I had breakfast with a high-ranking that we are still going to have bulk much going after foreign communica- official from our intelligence commu- collection. tions but going after incidental and nity maybe 6 months ago, and I asked The debate we really need to have is collecting incidental communications him: How much information do you get whether, if someone else is holding that involve American citizens. from metadata and how much do you your records, if you still have any kind John Napier Tye was a section chief end up getting from a warrant? He of privacy interest in your records. I for Internet freedom in the State De- said, without question, you get more personally think your phone records partment’s Bureau of Democracy. He from a warrant. People talk about are still partially yours, in a way, or was going to give a speech—and I think whether we can go one hop or two hops. that you have a privacy interest in this is very telling. This is reported in That means if you are suspected of ter- them. This is going to become very im- the Washington Post. He had written rorism and you called 100 people—if we portant because your records ulti- out his speech and he sent it for re- look at your records, that is one hop. If mately—there probably will not even view. In his speech, he said: If U.S. citi- we look at the next 100 records, that is be any records in your house, they will zens disagree with congressional and a second hop. As you go in, this pyr- be on your phone, and then your phone executive determinations about the amid gets bigger and bigger until you records are connected to the company. proper scope of intelligence activities, are talking about tens of thousands of Who owns them? Do you have a right they have the opportunity to change people. to privacy in those records? I think policy through democratic process. As you get further and further away you can have security and freedom at And we think, Who could object to from the suspect, I see no reason you the same time, but I think if we are that? What would his censors say? How couldn’t keep getting warrants. If they not careful, this is going to get away could he possibly say we don’t have the say that warrants are slow and labo- from us. right through democratic process to rious and there is not a judge, put more When they found out that 9 out of 10 change policies? They had him strike judges on the court. If they say they intercepts were actually not the in- ‘‘through intelligence processes’’ be- need them at 3 in the morning, put the tended target, just ancillary informa- cause I guess they apparently think we judges on 24-hour alert and you can tion they picked up, they also found don’t have the democratic ability to call them at 3 in the morning. We call that 50 percent contained email ad- change these things. The sad truth is it judges for a warrant in the middle of dresses that were U.S. citizens. So let’s may be true because a lot of this is say you collect a million pieces of in- the night all across America. I see no being done by Executive order. formation and you are just gathering Executive Order No. 12333 has no con- reason why you can’t have security and this up and you are intending to go gressional oversight. In fact, the ques- the Constitution at the same time. The President instituted the Privacy after foreign targets who might be ter- tion was asked recently of one of the and Civil Rights Board. They went rorists, but over half of this informa- Senate leaders, Will you investigate through a lot of this, and some of the tion, much of it incidentally gained, is this? Now, there may well be a secret actually U.S. citizens. So this is sort of investigation going on, but there was things they came up with, I think, an end run—they call it backdoor some indication it was really outside of were truly astounding. The amount of searches—but it is sort of an end run our purview. information, I think, is mindboggling— that has gone around the Constitution, I don’t think anything the executive of what is being sucked up in this. gone around the Fourth Amendment, branch does should be outside of our There is something called section 702 of to collect information that we have ac- purview. The whole idea of having co- FISA, and this has allowed them to tually said should be illegal to be col- equal branches was to have checks and collect information on Americans who lected that way, but we are doing it be- balances. One of the biggest problems I might have been communicating with a cause we have done an end run around. find in Washington is that sometimes foreigner. You say: Well, that Amer- Also realize you can send an email the opposition party—if we have a ican is probably suspicious. Well, it from Virginia to South Carolina and it Democratic President and a Republican goes out in ripples and it becomes this might go over a server in Brazil. If Congress, you will get a little bit of ad- enormous amount of—cache of infor- your email goes over a foreign server, versity and a little bit of pitting ambi- mation. all of a sudden, boom, everything is tion against ambition and check and When they looked at some of this re- done. The Constitution is out the door. balance. But the party that is the same cently—the Washington Post looked at They can collect that, even the con- party as the President just doesn’t this—they found that 9 of 10 inter- tent. It is never revealed to you; noth- tend to push back, probably for par- cepted conversations were not the in- ing is ever presented to you. It is all tisan reasons. Now, it is not just the tended target. So I think there was one done within the executive branch, with other party; it happens when Repub- estimate that in the last year we had no advocate on your side. licans are in power also. What happens 89,000 targets. If you multiply that and There are several programs that is the political party that is the same say it is only one-tenth of what we ac- came out through this that are being power as the President tends to sort of tually take, you are now looking at collected. It is not just the bulk collec- be open to letting things move on, just 900,000 records of people who had noth- tion. There is a program called PRISM letting the President accumulate more ing to do with terrorism. They didn’t that has been out there for a while and power. But I think this should be tell- even really talk to the person. They in- there is another one called Upstream. ing that when he said we could change cidentally talked to a person who In PRISM, it is a surveillance program things through democratic action, talked to the person. It could be the that collects Internet communications President Obama’s White House Coun- terrorist called Papa John’s and you of foreign nationals from at least nine sel told him that, no, that wasn’t true. called Papa John’s, so now you are in major Internet companies. He was instructed to amend the line the same phone tree network. That can I think this wouldn’t have happened and make a general reference to our ripple out in waves. That information if the Internet companies were not laws and policies but to leave out intel- should not be collected, it should not given liability protection. I think what ligence policies as if we don’t really get be put in a database, and it should not would have happened is they would a say in what they do as far as what in- be stored. Ultimately, we are col- have said we are violating our obliga- formation they collect on us. lecting so much information that it is tion to our customers and we are going John Napier Tye goes on to warn us. all of your information. to fight against this. But the PATRIOT He says: Unlike section 215, Executive One thing that should concern us Act even made it worse. The PATRIOT Order No. 12333 authorizes collection of about simply going from a system Act made it a crime to reveal that you the content of communications, not where the government collects all of had been served with a warrant. So we just metadata, even for U.S. citizens. these records and stores them in Utah have gone way beyond any typical con- So quite often we are told—we were to one where the phone company does stitutional mechanisms. told for years—don’t worry, they are

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.043 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3119 not collecting your data; they are just There are rumors we are doing this. about. Yet it goes on with no debate. collecting the data of foreigners. It There are rumors that intelligence The Executive order from 1981 has been turns out that wasn’t true. warrants, which are nonconstitutional, transformed into a monster with tenta- Now, the big thing they tell us is, which are a lower standard, are being cles that reach into every home in our Well, we are not collecting the content, used to get regular criminals. What country. The collection of records that we are just collecting the numbers. But they do is collect information through is going on is beyond your imagination, when we read John Napier Tye, he says data, metadata analysis, all of this, and we need to know about it. There the Executive order authorizes collec- they get enough to be convinced that needs to be a public debate. It has be- tion of the content of the communica- you are a drug dealer, and then they come even more pressing that we have tions also, not just metadata, and also arrest you by getting a traditional this public debate because the problem for U.S. persons. warrant, but they are using informa- is that we have the President and we So the question is, If we get rid of tion they got illegally to get to you. have the Congress and we have the in- bulk collection, will the Executive con- Section 213, this whole sneak-and- telligence community not being honest tinue to do it anyway? peak, where they go in without an- with us. So the fact that the Director The other question is, Why doesn’t nouncing that they have been in your the Executive stop this? It was started of National Intelligence would come to house, 99.5 percent of the people ar- Congress and lie and say they are not by Executive action and can be ended rested are actually people who com- by Executive action at any time. collecting this information, and then mitted a domestic crime. They are not when they do admit to it say: Oh, by Where is the Executive? How come the terrorists. So we are told you have to press gives him a free pass just to say the way, it is working really well. We have a PATRIOT Act to get terrorists. are capturing all kinds of terrorists— Congress needs to fix this? Sure, I Yet what we really find is that they are but they hold all the information, and messed it up, I broke it; I am doing using it in a way that is not honest. we rely on them to be honest and to something that the second appeals They are using a lower standard—a present truthful information to us. court said is illegal, and I am going to standard less than the Constitution— This is a big problem. keep on doing it until Congress does and they are using that standard then something. Why don’t we see any ques- to arrest people for basic domestic Currently, the courts haven’t tions from the press? Why don’t we see crime. brought their rulings up to date. The anybody from the media saying, Mr. The President’s Review Commission debate has been going on for a long President, it is illegal. You started it. in recommendation No. 12 rec- time. In 1928 there was the Olmstead You were performing a program that is ommended that this incidentally col- case. The Olmstead case went against collecting all of the phone records from lected data not be used criminally those of us who believe in privacy. I be- all Americans. It has been declared il- against anybody. They gave their rec- lieve that case still lingers on, even legal from the second highest court in ommendations to the White House. The though it has been reversed. the land. Why don’t you stop? I have White House stated that the adoption In the Olmstead case, Ray Olmstead not ever heard the question asked of of these recommendations they re- him. was a bootlegger, and the government With the Executive order, apparently quested would require significant decided to eavesdrop on his conversa- because this, they say, is article II, and changes and indicated it had no plans tions, but they didn’t have a warrant. then article II to them means they can to make any changes. So the Presi- They could have gotten a warrant. Who do whatever they want without any dent’s own review commission says knows why they didn’t get the warrant, oversight by Congress, the conclusion there is great danger in using a lower, but they didn’t get a warrant. But the by John Napier Tye is that there is less-than-constitutional standard to Court ended up ruling that phone con- nothing to prevent the NSA from col- collect great amounts of information versations were not protected by the lecting and storing all communica- that can be searched. There is great Fourth Amendment. This was a sad day tions. This concerns me. danger to privacy. There is also great in our history when this happened in The President instituted or brought danger to using information collected 1928. together a group called the Review outside of the Constitution. There is Group on Intelligence and Communica- great danger in then using that for do- The dissent in that case was Justice tion Technologies. In it, they came for- mestic prosecution, and the President Brandeis. As so often occurs in our his- ward with some recommendations. said he has no intention of any tory, sometimes the dissent becomes Recommendation No. 12 was that all of changes. the majority opinion and becomes pro- this data—all of this incidental data When I think of this President, it is found because it was there at the time. that is becoming part of these data- probably what disappoints me most. Harlan’s opinion, the dissent in bases that is collected under these au- There were fleeting times when this Plessy v. Ferguson, is what everybody thorities—the Executive order—should President was in the U.S. Senate that refers to. Nobody refers to the majority be immediately purged unless there is he stood up for the Constitution. In in saying that separate is equal. They a foreign intelligence component to it. fact, there is a quote from the Presi- were wrong—the same as in the The Review Group further rec- dent when he was running for office— Olmstead case. People remember Jus- ommended that a U.S. person’s inciden- there are many quotes—but there was tice Brandeis. It is probably one of the tally collected data should never be one quote saying that the warrants most famous quotes in jurisprudence: used in a criminal proceeding against that are issued by police—national se- ‘‘The right to be let alone is the most that person. curity letters—should be signed by a cherished of rights.’’ It is ‘‘the [right] So now we are back to what I was judge. The very amendment that I will most valued among civilized men.’’ talking about earlier. If you are going try to get a vote on he seemed to have We have this debate still sometimes, to go away from the Constitution, if supported, but now his administration though, because some conservatives you are going to say to catch bad guys is issuing hundreds of thousands—it say: There is no right to privacy. I we can’t really have the Constitution, starts out with a few, then 47, then a don’t see it in the Constitution. And we are going to have to have a bar that couple hundred, and now it is in the conservatives who argue that there is is a lot easier to cross that allows us to thousands. Any time you give power to no right to privacy aren’t remembering do kind of what we want, wouldn’t you government, they love it and they will the 9th and 10th Amendments very want to exclude American citizens accumulate more. Any time you give well, particularly the 9th Amendment. from being convicted or put in jail for power to government and expect them a crime under a lower standard? It is to live within the confines of the The Ninth Amendment says that all kind of like this: The question is, If the power, they will not live within the the rights aren’t listed, but those that government can come in without a confines of power unless you watch aren’t listed are not to be disparaged. valid search warrant, without announc- them like a hawk. You have to watch Even our Founding Fathers worried ing they are in your house, collect all them. You have to have oversight. about this. Our Founding Fathers came of your data, would you want them to We are at a point now where we have forward and they at first thought we have hours and hours in your house enormous bulk collection, enormous would just do the Constitution without without any probable cause and then collection of American citizens’ data; the Bill of Rights. Some of them wor- start arresting you for this? one program we know almost nothing ried. They said: If we do the Bill of

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.044 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3120 CONGRESSIONAL RECORD — SENATE May 20, 2015 Rights, people will think that is all we isn’t so much for the high school quar- out of 10 pieces of data pulled in aren’t have. If we list ten different amend- terback. Many people in life always about terrorists; they are just inci- ments, they will think that is all of our seem to be treated fairly. The Bill of dental stuff. rights. So they finally convinced every- Rights is for those who are less fortu- What the President’s review commis- body to go along with it by saying: We nate, for those who might be a minor- sion says is we should delete that once will put in the 9th and 10th amend- ity of thought, deed or race. We have to we find it is not relevant to an inves- ment, with the 10th Amendment lim- be concerned about the individualiza- tigation. The amazing thing to me is iting the powers, saying only the pow- tion of our policies or we run the risk that even people who support the PA- ers enumerated are given to the Fed- and the danger of people being treated TRIOT Act—and I don’t; I think the eral Government and everything else is in categories. PATRIOT Act lowers the constitu- left to the States and the people, re- Right now we are treating every tional standards and risks all freedom spectively. But the Ninth Amendment, American in one category. There is a and our liberty. But even for those who which is in many ways sort of the step- general veil of suspicion that is placed think the PATRIOT Act is fine, they child of our amendments, hasn’t been on every American now. Every Amer- said that the PATRIOT Act never was adequately, I think, adhered to or rec- ican is somehow said to be under sus- intended to do this. ognized. It says that those rights not picion, because we are collecting the So if you want to ask yourself is the listed are not to be disparaged. records of every American. government overstepping, even the au- Sometimes we have this discussion We talk about metadata and whether thors of the PATRIOT Act are now because some people say it has to be or how much it means or what the gov- telling us that the overstepping is to enumerated. I agree completely if we ernment thinks it can determine from such a degree that they think the PA- are talking that the powers given to metadata. There are some people who TRIOT Act doesn’t justify it. government should be enumerated. say: Don’t worry. It is just your phone In fact, that is really what the court They are few—few and limited, the logs. It is no big deal. It is just boring ruled recently. I had hoped the court powers given to the government. But it old business records. We should be a would rule that the bulk collection— is the opposite with your rights. Your little bit concerned by the words of one the grabbing up of all your records— rights are many and infinite. Your former intelligence officer who said, was unconstitutional, but they actu- rights are unenumerated, and you do that ‘‘we kill people based on ally simply ruled that the PATRIOT have a right to privacy. So while the metadata.’’ He wasn’t referring to Act does not sanction it. The PATRIOT word ‘‘privacy’’ is not in the Constitu- Americans. He was talking about ter- Act does not give authority to the gov- tion, in the Fourth Amendment, rorists. But we should be concerned ernment to do this. It is a pretty amaz- though, they do talk a lot about your that they are so confident of metadata ing sort of set of circumstances—that privacy. It is about your home, that that they would kill someone. the government has taken something your home is your castle. Instead of our believing that that was intended in one way, com- The exact words of the Fourth metadata is no big deal and it just pletely transformed it, and then when Amendment are: should be public information and any- they are rebuked by the court, they are The right of the people to be secure in body can have it, realize that your gov- not chastened at all. their persons, houses, papers, and effects, ernment is so certain of metadata that I wonder why no one has had the guts against unreasonable searches and seizures, they would kill an individual over it. or the wherewithal to ask the Presi- shall not be violated, and no Warrants shall That seems to me to make the point dent why he doesn’t stop this now. The issue, but upon probable cause, supported by that metadata is incredibly important, President could today listen to this Oath or affirmation, and particularly de- if we would make a decision to kill speech on the floor of the Senate, and scribing the place to be searched, and the someone based on their metadata. he could change his mind. He could, persons and things to be seized. The Electronic Frontier Foundation this afternoon, with his pen—he says The reason why we should worry has done a lot of work for privacy and he has his pen and his cell phone—he about whether a warrant is individual- deserves a lot of credit. Mark Jaycox can immediately stop the bulk collec- ized is we have had some tragic times writes in an issue from last year that tion of data. In fact, all of the alter- in our history. During World War II we ‘‘it is likely that the NSA conducts natives he could continue and he could didn’t individualize the arrests of Japa- much more of its spying power under probably do now. He could also say he nese Americans. We didn’t say: That is the President’s claimed ‘inherent’ pow- is going to collect the data with a war- so-and-so who lives in California, and ers and only governed by a document rant. He has all of that power. we think they are communicating with originally approved by Executive Someone should ask the President: Japan and telling our secrets. We indis- order.’’ Mr. President, why do you keep doing criminately rounded up all of the Japa- So while we are superficially having something the court has said is illegal? nese and incarcerated them. a debate over the bulk collection of Why do you continue doing this, and There have been times in our history records that some claim are authorized why won’t you stop? And how could we when we haven’t acted in an individ- under the PATRIOT Act, section 215, possibly think that it is a responsible ualized manner. It happened through- there is a whole other section that answer to say: Oh, I will stop when out the South in the old Jim Crow some privacy advocates are worried they make me. His own privacy com- South. We told people that we were about that is even bigger. mission says that what he is doing is going to relegate them to a certain sta- I had a meeting recently with one of illegal and should stop. tus based on a general category. the founders of one of the huge social One of the things that people are So when we talk about individ- communication companies, and he told worried about is that the government ualizing warrants, we are talking about me that he thinks we are missing some is forcing its way into the code source trying to prevent bias from occurring. of the debate here, because he says ev- of different Facebook, Google, and dif- Now, bias can occur for a lot of dif- erybody is talking about bulk collec- ferent Internet companies. There are a ferent reasons. I tell people that you tion of your phone records. He is con- couple of things that are occurring be- can be a minority because of the color vinced that there is ever so much more cause of this. If you live in Europe, if of your skin or the shade of your ide- being collected through backdoor chan- you are Angela Merkel or if you are ology. You can be a minority because nels. These backdoor channels can anybody in Europe, you might not of your religion. You can be a minority occur in two ways. They can occur one want American stuff anymore. because you are home-schooled. But way by going and looking at foreigners’ There are already rumors in discus- the thing is, if you are a minority, if information and then coming through sion that billions of dollars—there has you are a dissenter, if you dissent from the backdoor back into our country been some estimating of over $100 bil- the majority, you need to be very, very and looking at Americans’ informa- lion—have been lost to where we have aware of your constitutional rights. Be tion. That American’s information has been a dynamic leader in software, in very, very aware of the Bill of Rights. tentacles and spreads and it becomes hardware, in the Internet. People don’t The Bill of Rights isn’t so much for this enormous grouping of incidental want our stuff because they don’t trust the prom queen. The Bill of Rights information. In fact, some have said 9 us anymore.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.046 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3121 One of the reasons they don’t trust us tion.’’ They tell me ‘‘Our way of life’’ versations have no protection. So we is this. We have a group called the Tai- or ‘‘Our Bill of Rights.’’ Don’t you started out with a bad history. The lored Access Operations that targets think they would be disappointed to phone was just coming around and be- system administrators and installs find out that they went over there and coming commonplace. The Supreme malware while masquerading as they risked life and limb and gave up Court said: Your conversations do not Facebook servers. That is a little part of their bodies and they came have any protection. scary—that if you go on Facebook, home, and while they were gone we This went on for 40-some-odd years somehow malware is getting into your gutted the Bill of Rights? until we hit the late 1960s—I think computer and then searching and al- Not only did we get it—we can have 1968—and the Katz case. Then they say lowing them to know everything you a difference of opinion on this, but not there is an expectation of privacy. So are doing on your computer. If you only did we gut it, we don’t have time that was a big blow for those of us who have a warrant, to my mind you can do to debate it. We just willy-nilly say: believe in privacy, that we finally de- a host of these things, but do it to That is fine. We are not even going to cided your phone conversations are pri- someone you have suspicion of. have time to debate it. We have known vate and that you have an expectation I think we have made the haystack for 3 years that this debate was coming of privacy and that it should take a so big that no one is ever getting up. Yet, we squashed a bunch of bills in warrant with your name on it, individ- through the haystack to find the nee- the last week, and we have no time for ualized, with probable cause. dle. What we really need to do is iso- debate, no time for amendments, no But we go another dozen years, 10, 12 late the haystack into a group of sus- time to discuss whether we are willing years, and we get another court case picious people and spend enormous re- to trade our liberty for security. called Maryland v. Smith. Here, sources looking at suspicious people— Franklin said that those who trade though, the Court ruled that your con- people for whom we have probable their liberty for security may wind up versation are protected from the gov- cause. If you think of almost every in- with neither. ernment, that the government has to stance—I mean, go back to 9/11. You This is a very important debate that have a valid warrant, but they end up will have people come forward with a we need to have in the public, in the saying that your records don’t and that ridiculous assumption that if we had open. We worry about—or some of us the government is allowed to eavesdrop the PATRIOT Act, we wouldn’t have worry that just in discussion of bulk and pick up and accumulate records had 9/11. We would have caught those records, we may not get to other pro- about your phone calls without a war- two terrorists in San Diego. And I am grams the government just simply will rant. I think that was a big mistake. like, you mean the two terrorists that not tell us about. A lot of them are The case in Maryland v. Smith, were living with a confidential inform- written about, though. though, is one sort of petty criminal ant for a year? In another episode of the Electronic and a few records over a few-day pe- We knew who these people were. Frontier Foundation’s newsletter, they riod. The question that I would like to These people were talking to each talk about a program called Muscular. see before the Supreme Court would be, other. It wasn’t a lack of gathering in- Muscular is a program that is siphon- is that equivalent to all Americans’ formation. All of these incidentals and ing off the data between different data phone records all the time? There was all of this grabbing up of bulk records centers. Yahoo and Google sometimes at least some kind of investigation isn’t what we needed. We needed the have—at least did have communication going on of this person. They did not CIA to call the FBI. We needed further between them that was not encrypted. do it the right way. I think they should that FBI call Washington and for some- Your information was encrypted going have gotten a warrant. body to listen to them. to the data center, but then between But in this case, what the govern- The 20th hijacker, a guy named data centers, it was not encrypted, and ment is arguing is that every one of Moussaoui, was captured a month in the government is simply siphoning all you is somehow relevant to an inves- advance. We got him in Minnesota. We this off through Executive order. I do tigation for terrorism. That is absurd. got his computer. He was captured be- not whether it is foreign. I do not know Finally, we get to the appellate court cause people said—he was from a for- whether there is incidental American. I last week, and the appellate court says eign country, and he was attempting to do not know what is being collected. that. They say that, frankly, it is ab- learn to take off planes but not land We have no oversight, no ability to surd to say that everybody in America them. The FBI agent there ought to be vote on whether we continue this pro- is relevant to an investigation. Not given a Medal of Honor. Instead of giv- gram or discontinue this program. The only is it absurd, not only is it trifling ing the Medal of Honor to the head of companies are sometimes not notified with your privacy and your right to be the FBI, we should have fired the head of the warrants or if they are notified left alone, but it takes our eye off the of the FBI and this FBI agent should of the warrants are told they cannot prize. have been made the head of the FBI. He talk about them; they are gagged. This Why do you think it is that there are wrote 70 letters to his superiors. He is the kind of stuff we need to have in not enough human analysts to know caught the 20th hijacker. He should be the open. that Tsarnaev, the Boston Bomber, was a well-known name to every American Some of the information people are plotting to bomb the Boston Mara- and a hero. He caught the 20th hi- talking about that the NSA collects on thon? Why did we not know he got on jacker. He saved lives. But his superior Americans is contacts from your ad- a plane to go to Chechnya? One of the got 70 letters and did squat. I have no dress book, buddy lists, calling records, things that we were told at least in the idea what happened to his superior, but phone records, emails, and then they newspaper was that he had an alternate nobody was fired for 9/11. Instead of fir- put it all into a data—I think the pro- spelling of his name. So we have been ing the people who did not do a good gram is called SNAC. They put it all 15 years and we cannot figure out that job, we gave them medals. The guy who into this data program, and they de- sometimes these names are spelled a did a good job, I don’t know what hap- velop a network of who you are and little differently and we did not know pened to him. who your friends are through all of the he flew back and was radicalized in an- (Mr. SCOTT assumed the Chair.) interconnection of all of your contacts other country. What we did is we decided we would and friends. I am for spending more money and just collect everybody’s information, If you ask them ‘‘Is any of this pro- more time on analysts to investigate that we would sort of scrap the Bill of tected by the Fourth Amendment,’’ the and look at the data connected to peo- Rights. answer you will get is ‘‘The Fourth ple of suspicion. But I do not want to I have met a lot of our wounded sol- Amendment does not protect third- spend a penny on collecting all of the diers. I have met young men who have party records.’’ So, really, we are going information from all of the innocent lost two, three arms, two, three limbs, to have this go to the Supreme Court. Americans and giving up who we are in sometimes four limbs. I have met peo- I said earlier that in the Olmstead the process. We have to fight against ple who are paralyzed. And to a person, case in 1928, Justice Brandeis was in terrorism. We have to protect our- when I ask them ‘‘What were you fight- the dissent. The vote was 6 to 3, I be- selves. But if we give up who we are in ing for?’’ they tell me ‘‘The Constitu- lieve. The Court ruled that phone con- the process, has it been worth it? Are

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.047 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3122 CONGRESSIONAL RECORD — SENATE May 20, 2015 you really willing to give up your lib- Center. They talk about suspicious ac- they are obligated to report you to the erty for security? What if the security tivity reports. Those are reports your government. Does it sound something you are getting is not even real? They bank has to file whenever you deal in like ‘‘1984’’? Does it sound like you said the 52 people who were caught cash at the bank. There are certain have informants out there every- through the bulk collection program— dollar limits. They think, well, gosh, where—see something, say something; the President’s own privacy group in- someone is probably a bad person if that your banker is going to call the vestigated and said not one person was they are putting $9,500 in cash in the government if you put cash into the captured. There is a possibility of one, bank. Well, it turns out that a lot of bank? but they already had information on honest, law-abiding people do that. The burden should always be on the him from some other source. Not too long ago, there was a Korean government to prove you are guilty of Under the Executive order, we are husband and wife. They owned a gro- something. You should never be con- still not talking about the PATRIOT cery store. They dealt with a lot of victed and you should never be pun- Act, we are talking about something cash. They were very successful. Three ished without there first being a trial, that nobody knows much about at all. times a day, they deposited over $9,000, without there first being evidence, No common Member has been, to my $8 to $10,000. They tried to stay under without there first being a trial with a knowledge, informed of what is going $10,000 because there were all kinds of lawyer, with a verdict. on in this program; none of those not extra paperwork if you were over Some of this has gone into the war on the Intelligence Committee. $10,000. So what the government said is, on drugs. The war on drugs has a lot of But they have something with this you are structuring your deposits to problems. But part of it has been the information called the special proce- evade people. You must be guilty of abuse of our civil liberties. Also, part dures governing communications something. of the war on drugs is that there has metadata analysis. This is allowing the The government then can accuse peo- been a disparate racial outcome. What NSA to use your metadata—phone ple of a crime and take their stuff. do I mean by that? There have been in- records, et cetera, who you call, how There is something called civil asset stances where—if you look at the sta- long you speak—under the PATRIOT forfeiture. It does not require that you tistics, three out of four people in pris- Act and section 702 to create social be convicted, does not even require on are Black or Brown and are there networks of Americans. So not only that you be accused of something. for nonviolent drug use. But if you are we collecting your data because the There was a story not too long ago in look at the surveys and you ask your- government says—and realize this; Philadelphia—Christos Sourovelis. The selves: Are White kids using drugs the many of your elected officials are say- teenager was selling drugs out of the same as Black kids, it is equal. White ing this: that you have no right to pri- back of the parents’ house. So they kids are 80 percent of the public. How vacy and the Constitution does not caught the kid and they were pun- do we get the reverse for 80 percent of protect your records. They are col- ishing him, but they decided they the population in jail is Black and lecting all of your records, some of it would punish the parents, too. They Brown? It is a problem. If we can’t fig- incidental, but they are creating these confiscated the parents’ house and ure it out, you are going to have to enormous databanks, but then they are evicted the family. So the teenager continue to realize why people are un- connecting metadata to other makes a mistake by selling drugs, and happy. If you want to know why there is un- metadata to create social networks of what does the government do? They happiness in some of our cities, you who you are. take the parents’ house. So you think should read The New Yorker. About 3 You should be alarmed. We should be that is going to help the kid or help or 4 months ago they did a story about in open rebellion saying: Enough is anything get better in this situation by Kalief Browder. Kalief Browder was a enough. We are not going to take it taking the house? But here is the rub: 16-year-old Black kid from the Bronx. anymore. We should be in rebellion The kid did not even have to be con- He lives in a poor situation. His family saying to our government that the victed of anything. The kid did not own had no money, and he had been in trou- Constitution that protects our free- the house; he was just their kid. ble before. doms must be obeyed. Where is the out- If we allow all kinds of data to be out But he was arrested, and he was sent rage? there to catch people and then we are I tend to think young people get it. to Rikers Island—16 years old, ar- not even going to require that you are Young people—you see them—their rested, sent to Rikers Island. His bail convicted of a crime before we take lives revolve around their cell phone. was $3,000. His family couldn’t come up your stuff—you can see the danger of They realize that if I want to know with $3,000. He was kept for 3 years allowing so much data to be collected. about their lives, if I collect the data without a trial. At least some of it was But we are currently convicting and from their phones—not the content of in solitary confinement. taking people’s stuff or their money their phone calls but the data from He tried to commit suicide. Can you simply based on what they are using it their phones—that I can know vir- imagine how he must feel? Can you tually everything about them. Do we for. imagine how his parents must feel? Can The Washington Post did a series of want to live in a world where the gov- you imagine how his friends feel, the articles on this. Turns out that most ernment knows everything about us? kids he went to high school with. Do people having their stuff taken are Do we want to live in a world where you think they think justice is occur- poor, often African American, often the government has us under constant ring in our country? Hispanic, but for the most part poor. surveillance? We have to be careful we don’t let They will say: We are not looking at One guy was here in Washington and slip away who we are in the process of it; we are just keeping it in case we had $10,000. He was going to buy equip- all of this fight against terrorism, all want to look at it. The danger is too ment, such as a refrigerator or a com- of this fight against drugs, because great to let the government collect mercial oven or something, for his res- what happens is people take things your information. taurant. They just stopped him and that are bad. Terrorism is bad, drugs I think there is a valid question as to took his money. It took him years to are bad. But we take this fight about whether simply the collecting of your get it back. He only got it back be- something that is bad, we forget about information is something that goes cause the Institute for Justice defended the process of law, we forget about the against the Constitution. him in getting it back. But it turns rule of law, and we forget who we are One of the other areas where we are justice on its head because he was basi- in the process. seeing collection of data—I mean, it cally considered to be guilty until he But if you want to know why people would just boggle your mind. We are could prove himself innocent. are unhappy in some of our big cities, not just talking about one program; we Realize, then, that people like this you want to see that unhappiness in are talking about dozens of programs are sometimes being picked up because the street, it is because some people the government has instituted to look of something called suspicious activity don’t think they are getting justice. I, at your stuff. reports. Suspicious activity reports frankly, agree with them. I think there There is another group called EPIC, make your bank into a policeman or isn’t justice in our country when this the Electronic Privacy Information policewoman. When you deposit things, occurs.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.049 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3123 Originally, we had the Constitution. say that they had received this war- header on the subject line. The govern- Then after 9/11 we got the PATRIOT rant. ment is also able to look at, through Act. The biggest change between the The American Civil Liberties Union metadata, the Web sites you visit. Constitution, which provided protec- has written that the PATRIOT Act You can see how various groups tion for us from people, bad people, for ‘‘violates the Fourth Amendment,’’ would say that might be an infringe- 200 years or more—the biggest dif- which says the government cannot con- ment of their First Amendment be- ference is we changed the standard on duct a search without obtaining a war- cause let’s say the government now how we would arrest people or how we rant and showing probable cause to be- knows I go to Electronic Frontier would give out warrants. lieve that a person has committed or Foundation or I go to EPIC or I go to I remember having this debate about will commit a crime. ACLU. I am concerned with civil lib- 3 years ago when we talked about the The ACLU goes on to say that it erties. Am I a potential problem to the PATRIOT Act. I was walking along ‘‘violates the First Amendment’s guar- government? I am concerned and I am talking to another Senator, and he was antee of free speech by prohibiting the a critic of the government. Is it a prob- alarmed that the PATRIOT Act would recipients of search orders from telling lem the government now knows what expire at midnight. What would we do? others [these are the gag orders] about Web sites I go to and that I am con- And I was like: Couldn’t we, for just those orders, even where there is no cerned with this? a couple of hours, you know, live under real need for secrecy.’’ Now, if the government would hear— the Constitution? These are the gag orders. They also they would say: No, that is not what I mean we did for 200 years, for good- say that it ‘‘violates the First Amend- we are doing. ness’ sake. We have all kinds of tools. ment by effectively authorizing the But the other part of the question is There is almost no judge in the land FBI to launch investigations of Amer- maybe not yet, maybe not now, but that is going to turn down a warrant. ican citizens in part for exercising you can also squelch and severely re- The FISA warrants, the ones they give their freedom of speech.’’ Now, they strict First Amendment practices if for security, 99.9 percent of them are went back in and they wrote the rules just simply the fear of the government approved. and said: Oh, you are not supposed to looking at it might change my behav- Couldn’t we give out warrants? They do it if it violates someone’s freedom of ior. There is all the evidence, there said it takes too long. Computers work speech. But the bottom line is that the have been surveys, saying that 20, 25 in the blink of an eye. In the blink of opening we have given to the intel- percent of people doing things online an eye, if John Smith is thought to be ligence community is so wide that are changing their behavior because a terrorist and he called 100 people, in there are, for all practical purposes, no they are afraid of the government. The government argues that the list the blink of an eye, I can look at the limitations on the gathering of your of Web sites and Web site addresses is 100 on the list and I can say: What is information. simply transactional data, but I think the evidence that some on the list look In the Maryland v. Smith case, we there is much more you can garner suspicious or any of them from a for- kind of get to the point where we have from this data. eign country or any of them on another said that telephone conversations are The PATRIOT Act that is due to ex- list from somebody calling from a for- protected, but we have said trace-and- pire is just three sections. Interest- eign country. trap and pen register, where they col- ingly, the complaints that I have are a There are ways to look at this where lect your data by phone calls, is not. lot over section 215, which the govern- we would simply then get a warrant for The problem is—and this is a problem ment claims is their justification for the next hop and the next hop and the that needs to be corrected by the collecting all of your phone records. next hop. There is no reason we can’t courts—at this point they are essen- Now, the courts have said otherwise. catch terrorists the same way we catch tially nonexistent. There are no protec- The appeals court said last week that other bad people in society by using tions in the court for any kind of war- the business records do not give them the Constitution. rant that has to be gotten for any kind the authority to collect your records. Initially, the government had to of metadata. In fact, the courts have been very spe- show evidence that you were an agent The FBI need not show probable cific that it is illegal. of a foreign power, but this is no longer cause or even reasonable suspicion of The President is currently ignoring true. Now all you have to do is make a criminal activity. It must only certify the court, and the President continues broad assertion that the arrest is re- to a judge, without having to prove it, to collect your phone data, all of your lated to an ongoing terrorism inves- that such a warrant would be relevant phone data, all of the time, as much as tigation. to an ongoing investigation. they can get. They have not changed The problem in the FISA Court is Also, typically in the past, when we any of their behavior, that I know of, that when they take you to this court, gave warrants for wiretaps, they were since it was declared to be illegal. it is secret. You don’t get your own sorted to entities. You kind of had to Some of the changes—I would repeal lawyer, and basically the government name the entities. But now we are giv- the whole thing. I would repeal the says to the FISA Court judge: Oh, yes, ing the ability to collect data, pen reg- whole PATRIOT Act. But some of the it is related to an investigation—but I ister, trace-and-trap data on your changes that I would favor, if we were don’t believe they are forced to show phone calls nationwide. This is a severe allowed to change it, if we could get a that it is relating to an investigation. departure from what we had had in the consensus in this body that would mir- In some ways, I think we have gone too past because typically warrants were ror the consensus that I think is in far because what you end up having is given under a judge’s jurisdiction, so America—once you get outside the you have people who are saying it is re- within a region. But now we have a beltway of Washington and you go lated, but the question is, Is there any blanket order that says we can collect back into America and you ask people evidence that there is a relation to it any of your phone records, anywhere, are they for this, the vast majority of and how could there be a relationship anytime, across the whole country. people think the government shouldn’t of everybody in America to an inves- This goes against the history of the collect all of their phone records all of tigation? way we have had juris prudence. the time. We also often have given gag orders, We talk a lot about phone data but But there are some changes we could and this is one of the big complaints of your emails are in there too. Interest- make. I think the first thing we ought the Internet companies. They get order ingly, your emails, after 6 months, to do is not replace this system but ba- after order after order, a national secu- have no protection at all. So any email sically say we are not going to collect rity letter. They get all of these you have on your computer, after 6 data in bulk, that we are not going to suspicionless warrants, and then they months, has no protection at all. collect your phone records, your credit are told they can’t talk about it or Up to 6 months, there is a little bit of card information, your emails, and they will go to jail. There are some protection, but the government is al- where you go on the Web. We are not people who got gag warrants who were lowed to look at—without a probable going to collect that in bulk. librarians and for a decade or more cause warrant—is able to look at whom I think we could change the PA- were not allowed to talk to anybody to you are communicating with and the TRIOT Act to say we are only going to

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.051 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3124 CONGRESSIONAL RECORD — SENATE May 20, 2015 collect data that has to do with some- going to maybe have some laws to pre- gigabytes of credit card purchases. I one who is suspicious, that we have vent these companies from encrypting don’t know—for some reason, I am presented some suspicion to a judge, things. It is like: Don’t you get it? more appalled by the credit card pur- and that the judge said: This is prob- Don’t you get why companies—the chases than I am the phone because I able cause. encryption is a response to govern- think of all the stuff you can buy with The standard is not that hard. It is ment. The encryption is a response to a your credit card and what it indicates hard for me to imagine, in fact, a judge government that has run amok basi- about you. saying no. Judges always say yes. If at cally collecting our information, col- With phones—you can find out a lot 3 in the morning there is a murder lecting all of our information. So if you with people’s phone records. When the somewhere inside a house in DC, what are an American Internet company, if Stanford students looked at phone do you think the odds are that when you are an American search engine or records, they found that 85 percent of the police call for the warrant that the an American email company, what do the time they could tell your religion. judge will say no? Odds are most of us you think you are saying? You are say- The vast majority of the time, they want the judge to give permission. But ing: The only way I am getting Euro- could tell your doctors. The vast ma- it is the checks and balances that we peans back, the only way I am getting jority of the time, they could tell what want so we don’t have police who oper- Asians back is to say I am going to disease you had. The vast majority of ate on bias or bigotry or religious dis- protect them from my government. the time, the government can then also crimination. We want the people to be Isn’t that a sad state of affairs? connect you through social networking bound by the rule of law. People say: Well, how will you get and tell an extraordinary amount It is kind of interesting, because you terrorists if everything is encrypted? about you. will hear Republicans sometimes give Edward Snowden was using an With a credit card, it is even more lip service to the rule of law. But in encrypted email server, and the com- explicit than that. They can tell if you giving lip service to the rule of law, pany that was housing him—that was drink, if you smoke, and how much, what happens is they seem to forget specifically the genre of their business. what magazines you buy, what books the whole idea of privacy. They are for They had a business that was you read, what medicines you take. All it in economic transactions but not so encrypted because some people want to that is on your credit card. And we are much with regard to personal liberty. be private for a lot of different reasons, more and more that type of society. We The New York Times has written and many of them legitimate—business, are less and less a society of cash and talked about some of the economic ef- legal, personal reasons. But, anyway, more and more a society where every- fects of this. In an article by Scott when they came to get Edward thing is on paper. That should worry Shane a couple of years ago, he talks Snowden’s email, they didn’t ask just us. It should worry us that the govern- about the idea that foreign citizens, to get his email; they said they wanted ment has access to all of our records many of whom rely on American com- the encryption keys for the entire busi- all of the time. It should concern us panies for email Internet services, are ness. that the government also says, when concerned about their privacy. See, this is the problem. You have to you ask them—and this is an impor- Now you can say you don’t care realize there are zealots who don’t tant point—that your records, when about foreigners, and they don’t get seem too concerned with your privacy held by a third party, are not protected the same standard as we get, so you rights. Imagine what they are going to at all. It is debatable whether that is can understand maybe there is going to do if they say to Apple: We don’t want true. I think it needs to be looked at be a lower standard. But realize, if we just the encryption for you to let us in again by the court, and I think there are going to say the standard is quite a one time to see John Smith, who we are those who will, in the court, say bit different and that there is no pro- think is a terrorist; we want you to let your third-party records are. The tection for anybody’s data on the us in all of your products. If they force Maryland decision was 6 to 3. Internet, realize that standard is going a good company like Apple to do that, Justice Marshall felt your third- to scare people in other countries away who in the world would want anything party records should be protected. He from our stuff. It is going to scare peo- from Apple anywhere in the world? specifically mentioned that there was a ple away from our email companies. It There is a danger that we will destroy potential stifling effect for association, is going to scare people away from our great American companies by forcing there was a potential stifling effect for search engines. this surveillance into their products. speech, and he was quite concerned (Mr. TOOMEY assumed the Chair.) I think if you would talk to any of that the government really should Senator WYDEN has also made a good these companies out there—and some point. If the government is going to have a warrant to look at your records. of these companies are some of the My hope is that someday the Mary- mandate backdoor access to the code greatest success stories in our coun- land v. Smith case will be relegated to source and the government is going to try—if you think of the Internet revo- the dustbin of history, into the same say that Facebook or Google has to let lution and you think of how America them in a backdoor, that is a window, dustbin in which we put Olmstead. In has really led, America has been the that is a breach of the wall, it is a Olmstead, they said you couldn’t have leader. We have created hundreds of breach of protection. any protection for your phone records. thousands of jobs, billions of dollars of Senator WYDEN and others have made It went on for 40 years. I think we still profit. In our zealousness to grab up a good point. He said: If you do that, live with some of that because we have every bit of information and in our you will be actually weakening these trained and taught the phone compa- zealousness to ignore, basically, the companies to attacks of cyber security nies not to be great advocates for our Constitution, we are grabbing up so because if somebody can get in, some- privacy, and there doesn’t appear to be much stuff we are scaring people to body else who is smart can get in as seen a great deal of fighting on the death. There has already been billions well. part of the phone companies in advo- of dollars lost to North American com- So there is a danger to letting the cating for us. Some of the Internet panies because of this, because Euro- government in. companies have begun to step up. But I peans, Asians, they don’t want our There are dozens and dozens of these would like to see both phone companies stuff anymore. They don’t want things programs. The NSA has something and Internet companies stand up and with our hardware. They don’t want to called the Dishfire database. It stores say: We are not going to do it. We are deal with our services because they are years and years of text messages from not going to give you access to us, and fearful the U.S. Government is looking around the world. That might be fine you will have to take us all the way to at all of their transactions. except for it ends up trapping people the Supreme Court. The government is pretty clueless who are also American citizens as well. If they did, if there was unified re- over this. Recently, one of the mem- It ends up tracking and trapping purely sistance among the consumer and bers of President Obama’s administra- domestic texts that are retransmitted among the companies to say ‘‘We are tion came out—in fact, several mem- outside the country. not going to let you have our data bers—complaining about encryption. They have a program called Tracfin without a fight, and you are going to They are like: Well, you know, we are that collects and accumulates have to prove suspicion, and that you

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.052 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3125 are going to have to get a specific war- evidence the people he called is sus- history, the Magna Carta, even before rant,’’ I think then we might be able to picious, go back to the judge and get we had juries—even in the Greek and get back to a more constitutional sce- another warrant. Go deeper and deeper. Roman times, we had juries. Are we nario. There is no reason why this couldn’t be really willing to give that up and give Within the NSA, there has also been done nearly instantaneously. There is people a classification that the govern- evidence of installing filters in the fa- no reason why it couldn’t be done 24 ment assesses them that cannot be cilities of Internet and telecommuni- hours a day. And there is no reason challenged, where people don’t get a cation companies, serving them with why we can’t have security and the lawyer, they do not get presented to a court orders, and building backdoors constitution as well. judge and told why they are being held, into their software and acquiring keys This battle has not been just about and we would hold them forever? to break their encryption. If this be- records; it has also been about another This was the debate over indefinite comes the norm, you can see how peo- key part of the Bill of Rights, which is detention. The response I got during ple will flee American products, and the right to a trial by jury, the right to the debate was: Well, yeah, we would people will say: I am not going to use due process, the right of habeas corpus. keep them. We would send them to American things. There is an enor- The Fifth and Sixth Amendments I see Guantanamo Bay. mous, beyond-imagination economic together as sort of the amendments An American citizen? punishment to our country that is oc- that are with regard to your person and Sure, if they are dangerous. curring now and going to continue and with regard to whether you are treated Kind of begs the question, doesn’t it? worsen if we don’t wise up and send a justly by your government. Who gets to decide who is dangerous signal. As we became fearful of terrorists, we and who is not? So for those in this body who say: We said: Well, we are just going to capture When this finally made it to the Su- need to collect more information. We people and we will just hold them in- preme Court, though, whether you are not getting enough information. definitely. It is one thing to catch could hold an American citizen, the Su- Warrants be damned. I don’t care what someone on a battlefield in a foreign preme Court rejected the administra- they do. Take all my information, get land shooting at us—and I have said re- tion’s claim that those labeled ‘‘enemy as much as you want—those people will peatedly that people in battle don’t get combatants’’ were not entitled to judi- have to explain why they are destroy- due process, but people outside of bat- cial review. It took years and years to ing an American industry and why peo- tle, particularly American citizens, finally have the Supreme Court tell ple around the world are going to say: should. In some of these cases, we are people that the Bill of Rights was still We are alarmed at that, and we want talking about American citizens ac- in effect, that if you are an American some protection. If we are going to use cused of a crime—perhaps terrorism— citizen accused of a crime in our coun- American products, if we are going to who are caught in our country. Yet, we try, no matter how heinous, you do use American email, we want to know are going to say: Well, they do not have a right to a trial by jury, you do there is not going to be indiscriminate really deserve trials. They do not de- have a right to a lawyer, you do have collection of our information. serve lawyers. the right of habeas corpus, you do have Bill Binney was probably or is prob- In fact, and I find this really hard to all of the rights of an American citizen. ably one of the highest ranking whis- believe, one Senator said recently: And no one can arbitrarily take those tleblowers from the NSA. The things Well, when they ask you for a judge, away from you. And if you don’t think he has to say should disturb us because just drone them. Ha-ha. that is potentially a problem, think of he probably knows more about this The same guy said: Well, when they the South in the 1920s. Think of what than any of us will ever know. Bill ask you for a lawyer, you just tell would have happened if Richard Jewell Binney said that without new leader- them to shut up. were a Black man in the 1920s. He ship—this is in our intelligence agen- About 10 years ago, Richard Jewell might not have lived the day. Think if cies—new laws and top-to-bottom re- was thought to be the Olympic Bomb- Richard Jewell had been a Japanese form, the NSA will represent a threat er. Everybody said he did it. The TV American during World War II, when of turnkey totalitarianism. The capa- convicted him within minutes. Every- we decided that the right of habeas cor- bility to turn its awesome power—now body said he was the Olympic Bomber. pus didn’t apply to you if your parents directed mainly against other coun- He fit the profile: He wore glasses, he were from Japan or if your grand- tries—will now be turned on the Amer- was an introvert, he had a backpack, parents were from Japan. ican public. and he seemed very helpful. Somehow, There was an experiment I remem- Originally, all of these intelligence that was the profile. Everybody said he ber, I think in college—a psychology forays were to get foreigners. We low- did it. The only problem is, he didn’t do experiment. They put a person in a ered the standard, saying: Well, they it. room, and they said: This person has do not live here. These are potentially So here he was accused of being a ter- information, and we are going to shock terrorists, and so we are going to have rorist, of exploding something, doing them just a little bit. Here is the dial. a lower standard. something terrible and killing inno- You get to decide. They started out as foreign searches. cent people. And I think to myself, if They wanted to ask how high people In fact, the NSA was originally in- he had been a Black man in the South would turn up the dial. It was pretty tended to search for foreigners and to in 1920, what would have happened to scary—a good amount of people you search the information of foreigners. him? Or if he had been any American in would imagine are normal, respectable And I am not opposed to that. In fact, this century if the people who believe people—how high they would turn the I was on one of the Sunday morning in no jurisprudence were really in dial to shock somebody or to torture programs this week, and they asked: charge. We should be afraid of ever let- somebody. So we think that wouldn’t Well, are you for eliminating the NSA? ting these people get in charge of our happen, but it does. I said: Of course not. I am for the government, because the thing is that Any time we make an analogy to NSA. I want the NSA to do surveil- Richard Jewell was innocent. horrific people in history—to Mussolini lance that will help to protect us from People say: Well, these aren’t just or Hitler—people say: You are exag- attack. American citizens, they are enemy gerating; it is a hyperbole. Maybe it is. Not only am I for surveillance, I am combatants, and we don’t give any Particularly, to accuse anybody of that for looking as deep as it takes. But I kind of jurisprudence—no judges or is a horrific analogy, and I am not want some suspicion. I want suspicion lawyers for these people. They are doing that. that this person—that there is some enemy combatants. But what I would say is that if you evidence against this John Doe. You Well, it kind of begs the question, are not concerned that democracy don’t have to prove they are guilty; doesn’t it? Who gets to decide who is could produce bad people, I don’t think you just have to have something that an enemy combatant and who is an you are really thinking this through points toward them being suspicious. American citizen? Are we really so too much. And if you are not concerned You then go to the judge, and the judge frightened and so easily frightened about procedural protections—proce- says: Here is a warrant. And if there is that we would give up a thousand-year dural protections are how evidence is

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.060 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3126 CONGRESSIONAL RECORD — SENATE May 20, 2015 gathered, how evidence is taken from First of all, they like to lump it in as one with data. At one time about a year your house, what rules the police have program and say you can’t cancel the pro- ago, I remember an article where I to obey. gram. think they collected millions and mil- People don’t quite get this. We don’t In fact, Binney was famous because lions of audio hours. They had just have a mature discussion on this. Any he had been working on a program that been collecting. They were vacuuming time we try to say that this should did investigate terrorists but protected up everything. And I think they had stop and that someone could be a bad American information and deleted only been able to listen to about 25 per- policeman, the media dumb it down American information from incidental cent of it. and say that we are saying policemen collection. So the thing is that there is informa- are bad. No, it is the opposite. Some 98 So he said: tion that we need to get and we should or 99 percent of the police are good. In That’s false to begin with. It’s multiple get. fact, in the general public it is pretty programs. The one program that dealt with When the Tsarnaev boy—the Boston close to that. domestic spying was called Stellar Wind. Bomber—went to Chechnya, we needed The thing is that we have the rules in Stellar Wind was one that was also to know that. We needed to continue to place for the exception to the rule. We created by Executive order and was see if there was evidence that we could have these procedures in place because done without the permission of Con- take to a judge to continue to inves- maybe it isn’t tomorrow that we decide gress before the PATRIOT Act. tigate him. So we do need surveillance. that we are going to round up all the They had the other foreign ones; you men- But what we don’t need is indiscrimi- Japanese Americans again and put tioned the names. There were other names nate surveillance, and we don’t need them in internment camps, but maybe that were listed in the PRISM program that the haystack to get so big that we can next time it is Arab Americans. So we was dealing with foreign intelligence. There never find the terrorist in the stack. were a whole bunch of those programs, not Binney responds: have to be concerned with this because just one. we don’t know who the next group is Well, what it simply means is if you use So the point is you stop the intelligence, the traditional argument they say we’re try- that is unpopular. the domestic intelligence program, period. ing to find a needle in a haystack, it doesn’t The Bill of Rights isn’t for the prom So Binney’s opinion was—this is the help to make the haystack orders of mag- queen. The Bill of Rights isn’t for the guy who wrote a lot of the original pro- nitude larger, because it makes it orders of high school quarterback. The Bill of grams. Bill Binney said he would con- magnitude more difficult to find that needle Rights is for the least among us. The tinue gathering information on for- in the haystack. Bill of Rights is for minorities. The eigners. This is a guy who worked for Frontline: Bill of Rights is for those who have mi- 30 years for the NSA. He is not some And is that what they’ve done? nority opinions. The Bill of Rights is Have we made that haystack so large that dove who doesn’t want to do anything we are actually having more trouble catch- for those who are oddballs, those who about terrorists. Bill Binney worked aren’t accepted, those who have uncon- ing terrorists because we’re scooping up and for 30 years to develop the programs to swooping up all of America’s data? ventional thinking. help us catch terrorists, but he felt it If we are so frightened that we are Binney: wasn’t proper or constitutional to col- That’s what they’ve done. And now they’re going to throw all the rules out and we lect Americans’ records without a war- are just going to say that here is my looking at things like game playing and rant. He said if we get incidental things like people doing that. I mean, this is liberty, take it, and here are my records, destroy them; don’t collect ridiculous. How relevant is that to anything? records; I didn’t do anything wrong, so them. Frontline: I don’t mind if you look at all my He says: But they say there’re computers, and in records; if you say the standard will Eliminate them. [The records of Americans Utah they’re going to be able to take all this now be that if I have nothing to hide, are] irrelevant to anything that— stored data, and they’re going to be able to I have nothing to fear and look at ev- The incidental collection— go through all of it, and they’re going to be erything I do, then there will be a time able to connect the dots. Connect the dots— and there will be a danger that, in giv- is going on. All the terrorists would have that’s what everybody wanted them to do been caught by the process that we put in after 9/11. ing up your freedom, in giving up your place for ThinThread— privacy, you will find that the world Bill Binney, former senior NSA: ThinThread was a program they had you live in is not the world you in- See, that’s always been possible. Before 9/ before they went to the unconstitu- tended. 11 we were doing that. That was already hap- There have been good folks within tional program— pening. We already had that program. That the National Security Agency who which was looking and focusing in on the wasn’t an issue at all. That’s why we should have picked this out from the beginning. We have talked about and have pointed out groups of individuals that we already had identified and anybody in close proximity to should have implemented it, the ThinThread that we have gone too far. Bill Binney them in the social graph, plus anybody—the [program that they’d already been working, was one of those. He was a high-rank- other simple rules like anybody that was the] connect-the-dots program on everything ing NSA official who decided that they looking at jihadi advocating sites. . . . in the world, but we didn’t. That’s why we had gone too far. Et cetera. failed. It wasn’t a matter of not having the There was an interview—it has prob- program; it was a matter of not imple- That would get them all, and you didn’t menting the program we had. ably been 1 year or 2 years ago—with have to do the collection of all this other Bill Binney that was in ‘‘Frontline.’’ data that requires all that storage, transport When 9/11 came, we gave medals to One of the first questions was: of information to the storage, maintenance the heads of our intelligence agencies. What a lot of people in government will of it, interrogation programs, all of that No one was ever fired. Yet the 20th hi- say is that you don’t understand; we’re still added expense that they are incurring as a jacker was caught a month in advance. at war. Remember we lost 3,000 people in 9/11. part of it over the last 10 years. You Moussaoui was caught in Minnesota for This is a very important program. wouldn’t have any of that. . . . trying to take off in planes but not They talk about the warrantless col- Frontline then asks: land them. The FBI agent there wrote lection of all records: This problem of haystacks, how big a prob- 70 letters to his superior trying to get It has saved thousands of lives, as Cheney lem is that? Is that what we’ve done, is we’ve a warrant. It wasn’t that we had to said at one point. There are multiple plots created a situation where the haystacks are dumb down and take away the proce- that have been stopped because of this pro- bigger, and it’s almost impossible to find? dural protections of warrants. The war- gram. You’ve got to be very careful about This was Frontline’s question. It is a rant wasn’t denied. what you wish for, because if you do, you question I have been asking, also. If They would have a much stronger ar- might have another attack, and you might you collect all of Americans’ records gument if they could say: We tried to have blood on your hands. all of the time, if we collect all of your catch the terrorists, but the judges Fear. phone records, can we possibly look at kept saying no to warrants. What is your reaction to this question them? It is absolutely not true. They didn’t about the effectiveness of what all this has Now, computers are getting better, ask the judge for warrants. So the 70 been? but still there has to be a human in- requests in Washington sat at FBI Binney replied: volved. I think we are overwhelmed Headquarters and weren’t requested.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.062 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3127 We also had another hijacker in Ari- NSA that they cannot mandate that tives. Then it comes over to the Sen- zona training to take planes off. Once companies give a backdoor entry into ate, and the Senate says: Oh, my good- again, the FBI agent there was doing a their product, the amendment passed ness. We want to collect more of your great job in sending the information to 293 to 123. records. We do not think we are getting Washington, and but people were not But just to show you that no good enough into your privacy. We do not talking to each other. It had nothing deed goes unpunished and just to show think we have completely trashed the to do with saying the Constitution is you the arrogance of the body—the Bill of Rights enough; let’s try to gain too strong, and we have to weaken the vast majority of people do not want more of your records. Constitution or we will never catch their phone records collected without One of the other things the Massie- terrorists. It had nothing to do with warrant—what did they do when this Lofgren amendment did—that did pass that. But that is precisely the argu- passed 293 to 123? They stripped it out over there—was to get rid of and say ment we have. in secret in conference committee and that no funds would go to mandate or In the aftermath of 9/11, the PA- it was gone. The reason it was gone is request that a person alter his product TRIOT Act was rushed to the floor— like everything else around here. You or service to permit electronic surveil- several hundred pages—and nobody wonder why your government is com- lance. read it. It didn’t come out of—there pletely broken. We lurch from deadline This is what is going on. What is was one out of the committee. They to deadline, and it is on purpose really. pretty nefarious and antithetical to didn’t use that. They rushed a sub- We do deadline to deadline because we freedom is that our Government is tell- stitute to the floor, and no one had have to go. It is spring break. We are ing companies like Facebook and time to read it. But people voted be- going to be late for spring break. We Google and these other companies— cause they were fearful, and people said have to go, so we have to finish this up they are forcing them to let the gov- there could be another attack and before we go. ernment have access into their prod- Americans will blame me if I don’t It is how the budget is done. No one ucts. vote on this. ever votes on whether we are going Everybody knows this is going on. It But we are now at a stage where we spend X or Y. They put the whole budg- is no secret, and it is killing these com- should say: Are we willing to give up et into 2,000 pages. Nobody reads it. It panies in their worldwide market be- our liberty for security? is placed on our desk that day. Nobody cause non-Americans don’t want to use Can you not have both? Can you not has any idea what is in it. None of your their email. They are afraid the gov- have the Constitution and your secu- concerns about your Government are ernment has forced their way into all rity? I think you can. ever addressed. We just pass, boom, the their transmissions. Several agents other than Bill whole thing and it is out the door. It is There is currently another bill in the Binney have also said—several national the same way with these kinds of House put in by Representative POCAN, security officials—that the powers things. Because there is a deadline— Representative MASSIE, Representative granted the NSA go far beyond the ex- and this amendment was passed 293 to GRAYSON, and Representative MCGOV- panded counterterrorism powers grant- 123, saying that we shouldn’t fund ERN that would repeal the entire thing. ed by Congress under the PATRIOT these illegal searches and that we It repeals the PATRIOT Act and FISA Act. should stop the bulk collection amendments of 2008, permits the courts The court now agrees with that. Any records—it is passed overwhelmingly. to appoint experts, permits the courts time someone tries to tell you that Yet, in secret, somehow it is taken to have appeal. It basically tries to metadata is meaningless, don’t worry. back out of the bill and never becomes make our intelligence courts more like It is just whom you call. It is just your law. an American court or American juris- phone records. It is not a big deal. Re- Now, while I don’t agree completely prudence. alize that we kill people based on or really at all with the reform that EPIC is the Electronic Privacy Infor- metadata. So they must be pretty has come forward out of the House, it mation Center. They talk some about darned certain that they think they is at least evident they are listening. these national security letters I men- know something based on metadata. They have a bill that would end the tioned earlier. There are now hundreds So these are ostensibly or presum- bulk collection of records to replace it of thousands of national security let- ably terrorists that are being killed. with, I think, maybe another form of ters. These are letters that are war- But what I would say is that if they are bulk collection, but it still passed over- rants. They are not signed by judges. killing people based on metadata, I whelmingly, 330-some-odd votes. But do They are actually signed by the police. would think you would want your own you know what you hear when it gets This goes against the fundamental pre- metadata pretty well protected. over here? They say the Senate is cept of our jurisprudence. The funda- To give you an example of how Rep- distanced more from the people and not mental aspect was that we divided po- resentatives are sometimes getting it as responsive—absolutely true and lice from the judiciary. It is supposed right, in the House of Representatives, sometimes to the detriment of the pub- to be a check and balance. In case the they have seen and responded to the lic. Because the thing is that while it is local policemen had some sort of bias, people. THOMAS MASSIE and Represent- overwhelmingly popular with the they always had to call somebody else. ative LOFGREN introduced an amend- American people that we should not be It is not perfect, but it is a lot better ment to the Defense appropriation bill collecting your phone records without than not having a check and balance. last year. This amendment would have a warrant—without a warrant with When we got to NSL—this comes out defunded the warrantless backdoor your name on it, and the House has of the PATRIOT Act—they start out searches—what they are doing through recognized this and passed something with a few thousand, and they grow 702, which is an amendment to the overwhelmingly to try to fix it—the and grow. Now there are hundreds of FISA Act. This is where we say we are first thing I hear over here from people thousands of them. But realize that the investigating a foreigner, but the for- is, Well, we are not collecting enough national security letter is similar to eigner talks to an American who talks of your phone records. They are dis- what we fought the Revolution over. to other Americans, and it ripples out appointed that the government isn’t We fought the Revolution over writs of into enormous amounts of incidental getting—they have access and they assistance, which are basically general- information. The information from 702, claim they can get it, they gain access ized warrants, but they were also writ- when you analyze it—9 out of 10 bits of to everything, but the Government ten by British soldiers. We were of- information that are collected—is not really is not collecting all of it, so peo- fended that a soldier would come into about the person we have targeted. ple are very disappointed; they want to our house with a self-written permit. They are incidentally collected about collect more. A lot of the reaction and the reason other individuals. The American people say: Enough is we wrote the Bill of Rights the way we But when Representative MASSIE and enough. We want our privacy pro- did is that we were concerned with Representative LOFGREN introduced tected. We want the Government to British abuses. We were concerned with their amendment to defund the back- take less of our records. Congress rec- the idea of general warrants. So when door searches and to tell the CIA and ognizes that—the House of Representa- we wrote the Fourth Amendment, we

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.064 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3128 CONGRESSIONAL RECORD — SENATE May 20, 2015 said that it had to be specific to an in- The New York Times has talked to start getting back the confidence of dividual. We said you had to name the about this, and Charlie Savage in a re- consumers, both in the United States individual. That is one of the real prob- port last year reported that the Justice and worldwide—and then the FBI Di- lems with the bulk collection of Department had to apologize to a Fed- rector has been interested in, in effect, records. They are not really based on eral appeals court for providing inac- allowing companies to build a back- suspicion of an individual because basi- curate information about a central door into their systems. This, once cally the government is collecting all case challenging the unconstitution- again, kind of defies commonsense be- of your records, indiscriminately. ality. cause the keys will not just be out The government is not even obeying Now, what is truth and what isn’t there for the good guys. They will also the loose restrictions they put in place. truth. When you go to a court, it is like be available to the bad guys. The Constitution says you have to when your kids fight; there are two I am very pleased that my colleague have probable cause. You have to sides to everything. One child has one from Kentucky highlighted one par- present some evidence to a judge. You argument, and the other child has the ticular new development in this debate, don’t have to prove that they are other argument. The truth is listening and I have sought as a member of the guilty, but you have to have enough to both sides and trying to figure out Intelligence Committee for some time evidence that the judge says it looks what the truth is. The court is no dif- to come up with an approach that once like that person could be guilty of a ferent. But in these courts, you are again demonstrates that security and crime. only hearing one side and only the gov- liberty are not mutually exclusive. But So with the PATRIOT Act we low- ernment represents their case. we are certainly not going to have ered that standard and then lowered it The government says that we want both, as my colleague touched on in his again. For collecting information all the phone records because they are statement, if the policy of the FBI Di- under the PATRIOT Act, all you have relevant. No one stands up on the other rector is to require companies to build to do is say that the information you side and says: I object. That is one of a backdoor into their products—build want is relevant to an investigation. the reforms Senator WYDEN and I have weaknesses into their products. Now, the Senator from Kentucky is When this got to the court, the court talked about, having somebody rep- very much aware that my staff and a basically said this is absurd. So 2 resent the accused, somebody to stand number of Senators are currently weeks ago, the court just below the Su- up and say maybe all the phone records working through a number of issues preme Court said it is absurd to say in the country are not relevant, maybe and amendments related to the ques- that every American’s phone record is they are not relevant to an investiga- somehow relevant to a terrorist inves- tion of how we can pass trade legisla- tion. It would be absurd to say every tion and get more family wage jobs for tigation. They said it takes the mean- American’s records would be relevant. ing of the word ‘‘relevant’’ and basi- our people through exports. A number Probably no one in America knows of us, myself specifically, have been cally destroys any concept that the more about this subject than Senator word has meaning at all. concerned that the majority leader and WYDEN, who I see has come to the The PATRIOT Act went to a much other supporters of business as usual floor. Senator WYDEN knows more lower standard, not probable cause but on bulk collection of all of these phone about this because he has been on the just that it might be relevant to an in- records would somehow try to take ad- Intelligence Committee for several vestigation. And even with that lower vantage of our current discussions and years. standard, the court said that is absurd. try to, in effect, sneak through a mo- How does the President respond? The There are two tiers within Congress. tion to extend section 215 of the USA President responds by doing nothing. There is a great deal of information PATRIOT Act. As long as the Senator The President could end this program that I have never been told. Even from Kentucky has the floor, that can- tomorrow. Every one of your phone though I was elected to represent Ken- not happen. My hope is that once our records is being collected without sus- tucky, I am not allowed to know a lot colleagues have agreed on a path to go picion, without relevance. In con- of things that happen in the Intel- forward with job-creating, export-ori- tradiction to even what the PATRIOT ligence Committee. The downside for ented trade legislation, it will be pos- Act says, your records are being col- Senator WYDEN is he is allowed to sible to resume our work on that very lected. The second highest court in the know more but then he is not allowed important bill. land has said this is illegal, and the to talk about it, which makes it a In the meantime, my question for my President does nothing. The President problem. It is hard to have dissent in colleague pertains to an issue that he said to Congress, Oh, yes; I will do it if our country. If I am not given informa- noted I have been at for some time. As Congress will do it. tion, how can I complain about it? And my colleague knows, I have been trying It is a bit disingenuous. We did not if the Senator from Oregon is given in- to end the bulk phone record collection start the program. The authors of the formation, he is not allowed to com- program since 2006, and the reason I PATRIOT Act had no idea this was plain about it. have is because this bulk phone record going on. The PATRIOT Act, according These are the things we struggle with collection program is a Federal human to the court, does not even justify this. in trying to find truth. relations database. We are looking at telephone records. Mr. WYDEN. Will the Senator from When the Federal Government knows We are looking at email records. EPIC, Kentucky yield for a question, without whom you have called, when you have the Electronic Privacy Information losing his right to the floor? called, and often where you have called Center, has another big complaint Mr. PAUL. Yes. from, which is certainly the case if about this; that people were put for- Mr. WYDEN. I thank my colleague. somebody calls from a land line and ward and then told that they could not It is good to be back on the floor with someone has a phonebook, the govern- even talk about the fact that they had him once again on this topic. ment has a lot of private and intimate been given a warrant. They were As we have indicated, this will not be information about you. If the govern- threatened with 5 years in prison for the last time we are back on the floor. ment knows that you called a psychia- even mentioning that they had been My colleague has made a number of trist three times, for example, in 36 served a warrant. very important points already. I was hours, twice after midnight, the gov- This, I think, is an obvious con- especially pleased when my colleague ernment doesn’t have to be listening to tradiction of the First Amendment. We brought to light something that is lit- that call. The government knows a have legislation that contradicts the tle known; that the Attorney General whole lot about what most Americans Fourth and the First Amendments. of the United States is interested in— would consider to be very private. The national security letters in 3 excuse me—the FBI Director is inter- This has been an important issue. My years, from 2003 to 2005—these are the ested in requiring companies to build colleague from Kentucky has been an warrants that are written by FBI weaknesses into their products. In invaluable ally on this particular cause agents, not written by a judge—there other words, we have had companies in- since he arrived in the Senate, and I were 143,000 warrants given out in our terested in encryption, as my colleague just want to give a little bit more country to Americans with a warrant mentioned. What happened as a result background and then get my col- written by the police. of that encryption, they had a chance league’s reaction to this question.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.065 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3129 I have seen several of my colleagues who has served on the Intelligence I am also interested in hearing the come to the floor of the Senate and Committee, as I have for more than 14 Senator from Oregon talk about an op- talk about why we ought to keep a years, and goes into those classified ed he wrote which appeared in the Los bulk phone record collection, and the meetings on a weekly basis, does not Angeles Times in December. Senator statement has somehow been that this walk out of there without the judg- WYDEN wrote that building a backdoor is absolutely key for strong counter- ment that it is a very dangerous world. into every cell phone, tablet or laptop terror. That is a baffling assertion, I But what doesn’t make sense is to be means directly creating weaknesses say to my colleague from Kentucky, pursuing approaches that don’t make that hackers and foreign governments because even the Director of National us safer and compromise our liberties. can exploit. Intelligence and the Attorney General That is what doesn’t make sense. I would be interested in entertaining are saying it is not. So what we have Last year, along with my colleagues a question concerning that. are Members of the Senate saying that Senator HEINRICH and Senator Mark Mr. WYDEN. Mr. President, I apolo- bulk collection—some of them—ought Udall, I filed a brief in a case that was gize to my colleague. I ask that my to be preserved in order to fight terror, before the Court of Appeals for the Sec- colleague restate his question. and the Director of National Intel- ond Circuit. It is an important court. It Mr. PAUL. This is on op-ed that was ligence and the Attorney General, two is one of the highest courts in our written by the Senator from Oregon individuals who are not exactly soft on country. and appeared in the LA Times in De- terror, saying it is not. In the brief, we said we ‘‘have re- cember. The op-ed says that building a If Senators, and those who might be viewed this surveillance extensively backdoor into every cell phone, tablet following this debate, are seeking a and have seen no evidence that the or laptop means deliberately creating more detailed analysis, I hope they will bulk collection of Americans’ phone weaknesses that hackers and foreign check out the very lengthy report on records has provided any intelligence governments can exploit. surveillance that was issued by the of value that could not have been gath- I think expanding on that in the form President’s review group. This group’s ered through means that caused far of a question would help us to under- members have some very impressive less harm to the privacy interests of stand exactly what the Senator means national security credentials. These millions of Americans.’’ by that. are not people who are soft on fighting What we are talking about, in effect, Mr. WYDEN. What the Senator is are conventional approaches with re- terror. One of them was the Senior asking about is a statement made by spect to court orders and then there Counterterror Adviser to both Presi- the FBI Director, Mr. Comey. This is are emergency circumstances. So when dent Clinton and President Bush and not some kind of hidden article. It was the government believes it has to act another served as Acting Director of on the front pages of all of our papers to protect the American people, it can the CIA, and this review group—a re- and really deserves, as my colleague is move quickly and then, in effect, come view group led by individuals with pris- suggesting, some consideration. back and settle up later. In fact, one of the last things I did as tine antiterror credentials—said on The conclusion we reached after re- page 104 of their report that ‘‘the infor- chairman of the Senate Finance Com- viewing bulk collection very carefully mittee—I had a relatively short tenure mation contributed to terrorist inves- was based on 8 years’ worth of work, tigations by the use of section 215 there in 2014—was to hold a workshop and of course we recently had this in Silicon Valley on this issue. The [bulk] telephony meta-data was not es- court declare bulk collection to be ille- sential to preventing attacks and could problem stems from the fact that with gal. the NSA overreach taking a huge toll readily have been obtained in a timely My first question is, Does the Sen- on our companies and the confidence manner using [individual] section 215 ator from Kentucky agree there is no that consumers, both here and around orders.’’ evidence that dragnet surveillance now What this distinguished group of ex- makes America any safer? the world, had in the privacy of their perts said supports what the Senator Mr. PAUL. Mr. President, that is a products, these companies said we have from Kentucky is saying and what I great question, and I also think it is to figure out a way to make sure con- and others have been saying for some very difficult to prove these things one sumers here and around the world un- time. way or another sometimes. We are at a derstand that we are going to protect The Senator from Kentucky pointed great disadvantage because a lot of their privacy. So they decided to put in out my service on the Intelligence times they hold all of the information. place products that had strong Committee. I think Senator FEINSTEIN I think it was nothing short of miracu- encryption. They felt that was impor- and I are two of the five longest serv- lous that you and others were able to tant to be able to assure their con- ing members in the committee’s his- investigate this and show that in re- sumers that when they sold something, tory. We didn’t find out about bulk col- ality all of these folks who they allege their privacy rights were protected. In lection until it had been underway for could have been caught would have doing so, of course, they also made it quite some time because it was con- been caught through traditional sur- clear, as has always been the case, that cealed from most members of the Intel- veillance and through traditional war- when the government believes an indi- ligence Committee for several years. rants. vidual could put our Nation at risk, But given the fact that we began to see I think this is a pretty important you get an individual court order, you in 2006 and early 2007 what is at stake, point because they want us to live in use emergency circumstances, and you this has been a fight that has been fear and give up the Fourth Amend- could still get access to information. going on for 8 years. ment, but it turns out even the prac- The response by our government, An additional reason I appreciate the tical argument is not an accurate one which contributed mightily to the Senator from Kentucky being here now because it turns out that almost al- problem by the NSA’s overreach in the is that for these 8 years and multiple ways, if not always, the terrorists seem first place, was our government saying: reauthorizations, it has always been to be caught through sort of the nor- Nope. You are not going to be able to the same pattern. It was almost like mal channels of human intelligence, use that encryption to bring back the the night follows the day. Those who suspicion, and finding out something confidence that Americans and people were in favor of dragnet surveillance about them that causes us to inves- around the world have in your prod- and those who were in favor of the bulk tigate them. ucts. There were projections that these collection program, in effect, wait I, like the Senator from Oregon, do companies were already losing billions until the very last minute and then want to catch terrorists and I also and billions of dollars in terms of the they say: Oh, my goodness. It is a dan- want to keep our freedom at the same consequences of loss of privacy. gerous world. We have to continue this time. I think it was a pretty important The response of the government was program just the way it is. conclusion, not only by the review to say: We are looking at requiring you Well, I tell my colleague from Ken- board but also by the Privacy and Civil to build weaknesses into your products tucky, and I know he shares my view Liberties Oversight Board as well, the and, in effect, create a backdoor so we on this, that there is no question that review panel, two groups of folks from can get easy entry. it is a very dangerous world. Anybody the administration. (Mr. GARDNER assumed the Chair.)

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.069 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3130 CONGRESSIONAL RECORD — SENATE May 20, 2015 I know at townhall meetings at home run the agency because we have en- been a kind of informal tradition in the in Oregon, I have talked about the con- trusted them with such enormous Intelligence Committee of being re- cept of our government requiring com- power to look through information. spectful of that. We didn’t get that re- panies to build weaknesses into their Then, when they come to us and say, quest, so I asked it. When I asked: Does products. People just slap their fore- ‘‘Well, you have to give up a little the government collect any type of heads. They say: What is that all more liberty; you have to give up a lit- data at all on millions of Americans, about? It is your job to make sure we tle bit more in order to get security,’’ the Director said no. I knew that have policies that both secure our lib- we have to trust the information be- wasn’t accurate. That was not a forth- erty and keep us safe. It is not your job cause they control all of the informa- right, straightforward, truthful an- to tell companies to build weaknesses tion they give us. And then we find— swer, so we asked for a correction. We into their products. when we ask a high-ranking official in couldn’t get a correction. In effect, you have to just throw up the committee whether they were I would say to my colleague that your hands when they say: We can’t do doing bulk collection of data and the since that time, the Director or his it, so the company ought to build answer was not true—they said they representatives have given five dif- weaknesses into the products. weren’t doing something that they ob- ferent reasons why they responded as As my colleague said, I pointed out viously were doing—it makes us dis- they did, further raising questions in that once you do that, it will not just trust the whole apparatus. my mind, not with respect to the rank- be the good guys who have the keys, it I agree with the Senator from Oregon and-file in the intelligence commu- will be bad guys who have the keys at that the vast majority of law enforce- nity—the thousands and thousands of a time when we are so concerned about ment and the intelligence community hard-working members of the intel- cyber security. are good people. They are patriotic. ligence community my colleague and I I wish to ask my colleague one other They want to stop terrorism, as we all feel so strongly about and respect so question on one other topic he and I do. But what we are arguing about is greatly. have spoken about at great length. Is the process and the law and the Con- I wish to ask just one other question the Senator from Kentucky troubled stitution and trying to do it within the with respect to where we are at this by the fact that a number of high-rank- confines of the Constitution. But when point and what is ahead. As long as the ing intelligence officials have not been we have someone at the very top who Senator from Kentucky holds the floor, forthright in recent years with respect doesn’t tell the truth in an open hear- no one will be able to offer a motion to to this bulk collection and the col- ing under oath, that is very troubling consider an extension of the USA PA- lecting of data on millions or hundreds and makes it difficult. TRIOT Act. But at some point in the of millions of Americans? As my col- Mr. WYDEN. I appreciate my col- near future, whether it is this weekend league knows, I have been particularly league’s assessment on that issue. He or next week or next month, my anal- troubled by this. knows that it was very troubling that ysis is the proponents of phone record I ask the question because my col- in 2012 and in 2013, we just weren’t able collection are going to seek a vote in league and I have pointed out that we to get straight answers to this question the Senate to continue what I consider have enormous admiration for the of collecting data on millions or hun- to be this invasion of privacy of mil- rank-and-file in the intelligence field. dreds of millions of Americans. lions and millions of law-abiding Amer- These are individuals who day in and My colleague will recall that the icans. When that happens, I intend to day out get up in the morning and con- former NSA Director said that—he had use every procedural tool available to tribute enormously to the well-being of been to a conference—and that he was me to block that extension. And if at the American people, and we have not involved in collecting ‘‘dossiers’’ least 41 Senators stand together, we enormous respect for them. We are on millions of Americans. Having been can block that extension and block it grateful to them. They are patriots, on the committee at that point for indefinitely. If 41 Senators stick to- and they serve us well every day. I per- over a dozen years, I said: Gee, I am gether, there isn’t going to be any sonally do not think they have been not exactly sure what a ‘‘dossier’’ short-term extension, and finally, after well-served by the fact that a host of means in that context. something like 8 years of working on high-level intelligence officials have So we began to ask questions, both this issue, finally we will be saying no not exactly been straight or forthright public ones, to the extent we could, and to bulk phone record collection. with the Congress and the American private ones, about exactly what that I am certain I know the answer to people on these issues. meant, and we couldn’t get answers to this question, but I think we both want I would be interested in the views of those questions. We just couldn’t get to be on the RECORD on this matter. my colleague on this subject because answers. When that vote comes, the Senator is we have discussed this at some length. The Intelligence Committee tradi- going to be one of the 41 Senators who I am glad to be able to put it in the tionally doesn’t have many open hear- are going to block that extension. I context of making sure that Americans ings. By my calculus, we probably get have appreciated his leadership. know that the two of us greatly respect to ask questions in an open hearing for I would just like his reaction to our the thousands of people who work in maybe 20 minutes, maximum, a year. efforts to go forward once again when the intelligence field and serve us well So after months and months of trying we have to do it with proponents of and do and have done the things nec- to find out exactly what was meant, we mass surveillance seeking an actual essary to apprehend and kill bin Laden felt it was important to ask the Direc- vote to continue business as usual with but that we are concerned about the tor of National Intelligence exactly respect to dragnet surveillance. question of the veracity, the forth- what was meant by these ‘‘dossiers’’ Mr. PAUL. I think the American peo- rightness of some of the members of and government collecting data and ple are with us. I think the American the intelligence community at the the like. So at our open hearing, I said: people don’t like the idea of bulk col- highest levels. What is the reaction of I am going to have to ask the Director lection. I think the American people my colleague to that? of National Intelligence about this. are horrified. Mr. PAUL. I think the vast majority And because I have long felt that it I think it will go down in history as of the intelligence community, as are was important not to try to trick peo- one of the most important questions the vast majority of policemen, good ple or ambush them or anything of the we have asked in a generation when people. They are trying to do what is sort, we sent the question in advance the Senator from Oregon asked the Di- best for the country. They are patriotic to the head of national intelligence. We rector of National Intelligence: Are people, and they are really trying to do sent the exact question: Does the gov- you gathering in bulk the phone what is necessary within the confines ernment collect any type of data at all records of Americans? And when he of the law. on millions of Americans? We asked it didn’t tell the truth and then when the The issue is that the intelligence so that he would have plenty of time to President kept him in office and then community has such vast power, and a reflect on it. We waited to see if the Di- how that led to this great debate we lot of it is secret power. So we have to rector would get back to us and say: are having now—I think the American have a great deal of trust in those who Please don’t ask it. There has always people are with us.

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There may be enough of us now called sources and methods—they abso- we may not agree on 100 percent of to say: Hey, wait a minute, you are not lutely have to be secret and classified issues, but on a few, we are exactly to- going to steam roll through once again because if they are not, Americans gether, and we don’t split the dif- something that isn’t even doing what could die. Patriotic Americans who ference. It isn’t always about splitting you said it is going to do. work in the intelligence community the difference. No one said at the time of the PA- could suffer grievous harm if sources You can have true, healthy biparti- TRIOT Act that it meant we could col- and methods and the actual operations sanship, Republican, Democrat, Inde- lect all records of all Americans all the were in some way leaked to the public. pendent coming together on a constitu- time. In fact, in the House, one of the But the law should never be secret. The tional principle, coming together on cosponsors of the bill, JAMES SENSEN- American people should always know something that is important. BRENNER, knew all about the PATRIOT what the law means. And yet, with re- I didn’t come to the floor today be- Act. He was a proponent of the PA- spect to bulk collection and why that cause I want to get some money for one TRIOT Act, and he said never in his court decision was so important, what individual project for one person. I wildest dreams did he think that what happened was that a program that had came because I want something for ev- erybody. I want freedom for everybody, he voted for would say we could gather been kept secret, that had been and I want protection for the indi- all the records all the time. propped up by secret law, was declared vidual. I want protection against the But I am interested in another ques- illegal by an important court. tion, and that would be whether the So I will just wrap up by way of say- government’s invasion of your privacy. I thank the Senator from Oregon for Senator from Oregon has a question ing that the Senator from Kentucky his insightful questions. that will help us to better understand, and I have always done a little kidding One of the things we talked a little if we were to stop bulk collection to- over the years about our informal Ben bit about as Senator WYDEN and I were morrow, if we were to eliminate what Franklin caucus. Ben Franklin was al- going through a series of questions was is called section 215 of the PATRIOT ways talking about how anybody who some of the different boards that have Act, if we were to do that, is there still gave up their liberty to have security been put in place by the President and concern and worry about what is called really deserves neither. have come out and said that the pro- Executive Order 12333? I just want to tell my colleague that gram—the Executive order—the Presi- I am not aware of whether the Sen- I am very appreciative of his involve- dent put in place two panels, a review ator can or can’t talk about this or ment in this. From the time my col- panel and another one called the Pri- what is public. From what I have read league came to the Senate, he has been vacy and Civil Liberties Oversight in public and from one of the insightful a very valuable ally in this effort. My Board, and, interestingly, both panels articles from John Napier Tye, the sec- colleague recognized this was not told him the same thing: that what he tion chief for Internet freedom in the about balance. This is a program that was doing was illegal and wrong and it State Department, he has written that doesn’t make us safer but compromises ought to stop. Then the President came his concern is that this Executive order our liberty. It is not about balance. out and said ‘‘That is great,’’ but then may well allow a lot of bulk collection And at page 104, you can read that the he keeps doing it. that is not justified and not given sanc- President’s own advisers say that. I don’t quite understand because I tion under the PATRIOT Act. So I am very pleased that the infor- like the President and I take him at Does the Senator from Oregon have a mal Ben Franklin caucus is back in ac- his word, and he says: Well, yes, I am question that might help the American tion this afternoon. I look forward to balancing this and that, and they told public to understand that? working closely with my colleagues on me this, and if Congress stops it, I will Mr. WYDEN. I would just say to my this. As I indicated by my question, I obey Congress. It is like, we didn’t colleague that we always have to be expect we will be back on the floor of start this. The President started this vigilant about secret law. And we have, this wonderful body before long having program by himself. He didn’t tell us in effect, found our way into this omi- to once again tackle this question of about it. Maybe one or two people nous cul-de-sac that the Senator from whether it ought to be just business as knew about it. Almost all of the rep- Kentucky and I have been describing usual and a re-up of a flawed law. My resentatives didn’t know about it, and here this afternoon really because of colleague and I aren’t going to accept no Americans knew about it. And then secret law. that. when we asked them about it, they lied As I wrap up with this question and I thank him for his work today. to us and said they weren’t doing it. hearing the concern of my colleague— These discussions and being on your The President has two official panels, because I think that is what is at the feet hour after hour are not for the and they both said it is illegal and heart of his question, that ‘‘secret law’’ fainthearted. I appreciate my col- ought to stop. And the PATRIOT Act is what the interpretation is in the in- league’s leadership, and I once again doesn’t justify what they are doing. telligence community of the laws writ- yield the floor back to him. And this was all created by Executive ten by the Congress. Very often those Mr. PAUL. Mr. President, I would order. secret interpretations are very dif- like to thank the Senator from Oregon, So what is the President’s response? ferent from what an American will and I would like to point out to the He just keeps collecting your records. read if they use their iPad or their American people, to people who are al- Does nobody in America think this is laptop. For example, on section 215, ways crying out and saying ‘‘Why can’t strange or unusual that the President bulk phone records collection, I don’t you work together? Why can’t you will continue a program that his own think very many people in Kentucky or work with the other side?’’ that I think advisers tell him is illegal and that the Oregon took out their laptop, read the we have a false understanding some- courts have now said is illegal, and he PATRIOT Act, and said: Oh, that au- times of compromise. The Senator goes on. thorizes collecting all the phone from Oregon is from the opposite But this isn’t all one-sided. That is records on millions of law-abiding party. We are in two opposite parties, for one political party. But in my polit- Americans. and we don’t agree on every issue. But ical party, there are people saying: I There is nothing that even suggests when it comes to privacy and the Bill guess the President’s advisers say it is something like that, but that was a se- of Rights and what we need to do to illegal, the court says it is illegal, but, cret interpretation. protect the Fourth Amendment, we are man, they are not collecting enough. I So I am very glad the Senator from not splitting the difference to try to just wish they were collecting more Kentucky has chosen to have us wrap find a middle ground between us. We Americans’ records without a warrant. up at least this part of our discussion both believe in the Fourth Amend- What a bizarre world, that people with the questions that we have di- ment. We both believe in protecting don’t seem to be listening to the

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.072 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3132 CONGRESSIONAL RECORD — SENATE May 20, 2015 courts, to the experts, or to the Con- even done with regard to the PATRIOT we face is centered around the stitution. Act. I am guessing it was done under Congress’s deficit of trust—in this par- The Privacy and Civil Liberties Over- the Executive order. ticular circumstance, the Senate’s def- sight Board, though, I think really had As much as I don’t like the PATRIOT icit of trust. Members of our body rou- some insightful comments. They give a Act and would like to repeal the PA- tinely tell the American people to just description, first of all, of collecting all TRIOT Act and simply use the Con- trust us. Trust us, we will get it right. of your phone records, and I like the stitution, I am afraid that even if we Just trust us, we will appropriately way they put it. They said that an repeal the PATRIOT Act, they would balance all the competing concerns. order was given so that the NSA is ‘‘to still do what they want. Your govern- I think it is time that we trust the collect nearly all call detail records ment has run amok. Things are run- American people by having an honest generated by certain telephone compa- away, and the government really is not discussion with them emanating from nies in the United States. . . .’’ Some- paying attention to the rule of law. right here on the floor of the Senate. It times when you read a sentence, you For the first time, in 2006, the court is time to discuss and debate and to don’t quite get to the importance. got involved. The intelligence court at amend the House-passed USA FREE- ‘‘Nearly all.’’ So we are not talking that time finally heard the first order DOM Act. about 1,000 records. We are not talking under section 215. So for 5 years they I am confident that Senator PAUL about 1 million records. We are talking were collecting all the phone records and others among my colleagues who about nearly all of the records in the with just a Presidential order. Now we have different ideas from mine will be entire United States. There are prob- do it under the PATRIOT Act. happy to offer and debate amendments ably over 100 million phones, I am But the rule of law is about checks to improve it and make it something thinking, in the United States, so over and balances. It is about balancing the perhaps that they could even support. 100 million records. Every record has executive branch and the legislative In fact, as far as I am aware, Senator thousands of pieces of information in branch and the judiciary branch. It is PAUL and others have amendments it, so we are talking about billions of about balancing the police in the judi- that they are eager and anxious and bits of information that the govern- ciary. We talked about warrants and willing and ready to present and to ment is collecting. the police not writing warrants. have discussed here on the floor and I don’t have a problem if they want I see on the floor one of the Nation’s voted on right here on the floor of the to collect the phone data of terrorists. leading experts in the Fourth Amend- Senate. In fact, I want them to. I don’t have a ment and the Constitution, who has re- But first I am calling on my Repub- problem if they will go 100 hops into cently written a book on this, and I lican and Democratic colleagues to the data if they have a warrant. If John told him recently I have been stealing help repair the dysfunctional legisla- Doe has a warrant, look at all his his story and at least half the time giv- tive branch we have inherited, to re- phone records. Ask a judge to put his ing him credit for it. But I talked ear- build the Senate’s reputation as not name on the warrant and look at all of lier on the floor about the story of only our Nation’s but the world’s his records. If there are 100 people he John Wilkes, and if the Senator from greatest deliberative body, and, by ex- called and they are people you are sus- Utah is interested in telling us a little tension, slowly restore the public’s picion of, call them, too. Go to the next bit of the story, I would like to hear a confidence in who we are and what we hop, go to the next hop, go to the next little bit from his angle or in the form are here to do here in the Senate. hop. There is no limit. But just do it of a question or any other question he The greatest challenge to policy- appropriately. Do it appropriately with has. making today is perhaps distrust. The a warrant with somebody’s name on it. Mr. LEE. I would like to be clear at American people distrust their govern- I see no reason why we can’t do this the outset that while the Senator from ment. They distrust Congress in par- with the Constitution. Kentucky and I come to different con- ticular. It is not without reason. For We are now collecting the records of clusions with regard to the specific their part, Washington policymakers hundreds of millions of people without question as to whether we should allow seem to distrust the people. a warrant, and I think it needs to stop. section 215 of the PATRIOT Act to ex- Almost as pressing for the new ma- The President’s own commission says pire, I absolutely stand with the junior jority here in the Senate is that the to stop. Here is what the commission Senator from Kentucky and, more im- distrust that now exists between grass- says: ‘‘From 2001 through early 2006 the portantly, I stand with the American roots conservative activists and elect- NSA collected bulk data based on a people. ed Republican leaders can be particu- Presidential authorization.’’ With regard to the need for a trans- larly toxic. Leaders can respond to this So, interestingly—and this ought to parent, open amendment process and kind of distrust in one of two ways. scare you, too—they didn’t even use for an open, honest debate in front of One option involves the bare-knuckles the PATRIOT Act in the beginning at the American people on the important kind of partisanship that the previous all. The President just wrote a note to issues facing our Nation, including this Senate leadership exhibited over the the head of the NSA and said: Just one—and I certainly agree with the last 8 years, twisting rules, blocking start collecting all their stuff, without Senator from Kentucky that the Amer- debate, and blocking amendments, any kind of warrant. And then later on ican people deserve better than what while systematically disenfranchising they started saying: Well, maybe the they are getting, and, quite frankly, it hundreds of millions of Americans PATRIOT Act justifies this. But for 5 is time that they expect more from the from meaningful political representa- years they collected data with no war- Senate. tion right here in this Chamber. But rant and with no legal justification, On issues as important as this one, this is no choice at all. Contempt for and they do it through something they on issues as important as the right to the American people and for the demo- call the inherent powers of the Presi- privacy of our citizens and our national cratic process is something Repub- dent, article II powers. security, this is not a time for more licans should oppose in principle. In Article II is the section of the Con- cliffs, more secrecy, and more elev- fact, it is something we oppose in prin- stitution that gives the President pow- enth-hour backroom deals that are de- ciple. ers. We designate what the President signed to mix conflict, mix crisis in a We should throw open the doors of can do. Article I designates what we previously arranged time crunch in Congress, throw open the doors of the can do. Interestingly, our Framers put which the American people are pre- Senate, and restore genuine represent- article I first, and those of us in Con- sented with something where they ative democracy to the American Re- gress think that maybe they thought don’t really have any real options. public. What does this mean? Well, it the powers of Congress were closer to It is time for the kind of bipartisan, means no more cliff crises, no more se- the people and more important, and bicameral consensus I believe is em- cret negotiations, no more ‘‘take it or they gave delegated powers to us, and bodied in the USA FREEDOM Act. leave it’’ deadline deals, no more pass- they were very specific. While I often criticize Congress for our ing bills without reading them, and no But what concerns me about the bulk economic deficits, our financial defi- more procedural manipulation to block collection is that for 5 years it wasn’t cits, the core of this current challenge debate and compromise. These are the

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The throughout America would celebrate if we hope to succeed is that the Amer- North Briton took a different angle. the cause of freedom by celebrating the ican people’s distrust of their public in- The North Briton took the angle that number 45. It was not uncommon for stitutions is totally justified. There is it was supposed to be in the interests of people to buy drinks for their 45 closest no misunderstanding here. Americans the people that he reported the news friends. It was not uncommon to write are fed up with Washington, and they and that he made commentary. So in the number 45 on the side of buildings, have every right to be. The exploited the North Briton John Wilkes would taverns, saloons. It was not uncommon status quo in Washington has cor- occasionally be so bold as to criticize for the number 45 to be raised in con- rupted America’s economy and their or question King George III and the ac- nection with cries for the cause of lib- government, and its entrenched defend- tions of the King and of the King’s erty. So the number 45, the name John ers, powerful and sometimes rich in the ministers. Wilkes, and the cause of liberty all be- process. This situation was created by This proved problematic for some in came wrapped up into one. both parties, but repairing it is now the administration of King George III. It was against this backdrop that the going to fall to those of us in this body The last straw seemed to come with United States was becoming its own right now. It is our job to win back the the publication of the 45th edition of Nation. When it did become its own Na- public’s trust. That cannot be done the North Briton, North Briton No. 45. tion, when we adopted a Constitution, simply by passing bills or even better When North Briton No. 45 was released, and when we decided shortly thereafter bills. The only way to gain trust is to the King and his ministers went crazy. to adopt a Bill of Rights, one of the be trustworthy. I think that means Before long, John Wilkes found himself very first amendments we adopted was that we have to invite the people back arrested. John Wilkes found himself the Fourth Amendment. The Fourth into the process, to give the bills we do subjected to a very invasive search pur- Amendment responded to this par- pass the moral legitimacy that Con- suant to a particular type of warrant. ticular call for freedom by guaran- gress alone no longer confers. It had become, unfortunately, all to teeing that in the United States we In order to restore this trust, Mem- common in that era, a type of warrant would not have general warrants. The bers will have to expose themselves to we will refer to as a general warrant. Fourth Amendment makes that clear. inconvenient amendment votes, incon- Rather than naming a particular place It contains a particularity requirement venient debate and discussion, and or a particular person where things stating that any persons or things sub- scrutiny of legislation we are consid- would be searched and seized, this war- ject to search warrants would have to ering. The result of some votes in the rant simply identified an offense and be described with particularity. The face of certain bills may, indeed, prove said: Go after anyone and everyone persons would have to be identified or unpredictable, but the costs of an open who might in some way be involved in at least an area or a set of objects source, transparent process are worth it. It gave unfettered, unlimited discre- would have to be identified rather than it for the benefits of greater inclusion tion to those executing and enforcing the government just saying: Go after and more diverse voices and views and this warrant as to how and where and anyone and everyone who might be for the opportunity such a process with respect to whom this warrant connected with this offense or with would offer to rebuild the internal and might be executed. this series of events. the external trust needed to govern So they went through his house even At that time, there were no such with legitimacy. though he was not named in the war- things as telephones. Those would not My friend and colleague, the junior rant, even though his home, his ad- come along for a very long time. They Senator from Kentucky, has referred to dress, was not identified in the war- certainly did not imagine, could not a story of which I have become quite rant. They searched through every- have imagined, the types of commu- fond, a story that I have written about thing. John Wilkes was, understand- nications devices we have today. Nev- and talked about in various venues ably, outraged by this, as were people ertheless, the principles that they em- throughout my State and throughout throughout the city of London when braced at the time are still valid today, America. It relates to a lawmaker, a they became aware of it. John Wilkes, and they are still relevant today. The lawmaker who served several hundred while in jail, decided he was going to principles embodied in the Fourth years ago, a lawmaker named John fight back. He fought in open court the Amendment are still very much appli- Wilkes—not to be confused with John terms and the conditions of his arrest. cable today. The freedom we embraced Wilkes Booth, Lincoln’s assassin. This He ended up fighting against this gen- then is still embraced today by the John Wilkes served in the English Par- eral warrant. He eventually won his American people, who, when they be- liament in the late 1700s. freedom. come aware of it, tend to be offended In 1763, John Wilkes found himself at Over time, he was reelected repeat- by the notion that the NSA can go out the receiving end of anger and resent- edly to Parliament. In time, he also and get an order that requires the pro- ment by the administration of King brought a civil suit against King viders of telephone services to just give George III. King George III and his George III’s ministers who were in- up all of their data, give up all of their ministers were angry with John volved in the execution of this general calling records, to give those over to a Wilkes. warrant, and he won. He was awarded government agency that will then put At the time, there were these weekly 4,000 pounds, which was a very substan- them into a database and keep track of news circulars, weekly news magazines tial sum of money at the time. The where everyone’s telephone calls have that went out and would often just other people who were subjected to the gone. extol the virtues of King George III and same type of search under the same The idea behind this program is to his ministers. One of them was called general warrant were also awarded a build and maintain a database storing the Briton. The Briton was written, recovery under this same theory, to information regarding each call you produced, and published by those who the point that in present-day terms, have made and each call that has been were loyal to the King, and they would there were many millions of dollars made to you, what time each call oc- say only glowing things about the that had to be paid out by King George curred, and how long it lasted. This is King. They would write things about III and his ministers to the plaintiffs an extraordinary amount of informa- the King saying: Oh, the King is fan- who sued under this theory that they tion, information that, while perhaps tastic. The King can do no wrong. Had were unlawfully subjected to a search relatively innocuous in small pieces, sliced bread been invented as of 1763, I under a general warrant. when put together in a single data- am sure the Briton would have re- In time, the number 45, in connection base—one that includes potentially ported that the King was the greatest with the North Briton No. 45—the pub- more than 300 million Americans, one thing since sliced bread. All they could lication that had sparked this whole that goes back 5 years at a time—can

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.076 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3134 CONGRESSIONAL RECORD — SENATE May 20, 2015 be used or could easily be abused in espionage. Every single one of those In any event, that same interpreta- such a way that would allow the gov- administrations from FDR to Nixon tion will still be the NSA’s interpreta- ernment to paint a painfully clear por- had done that. tion if, in fact, we reauthorize this. trait, a silhouette of every American. In that sense, we have seen this There is nothing stopping the NSA Some researchers have suggested, for movie before. We know how it ends. We from using that same interpretation— example, that through metadata alone, know that even though the people mistaken interpretation but an inter- it could be ascertained how old you working at the NSA today might well pretation nonetheless—of section 215 in are, what your political views are, your have only the noblest of intentions, a way that would allow—there is noth- religious affiliation, what activities over time these kinds of programs can ing stopping them from using that you engage in, the condition of your be abused, and we know a lot of people same misinterpretation of a statutory health, and all other kinds of personal in America understand the potential language for the purposes of gathering information. for this abuse. metadata on credit card usage, on on- One of the reasons this is distressing Thirdly, I have to point out that the line activity, on emails sent online and is, that, unlike a program that would NSA currently is collecting metadata received. From that you can discern involve listening to the content of your only with respect to phone calls. But even more information about a per- telephone calls—which, of course, is under the same reading of section 215 son’s profile. You can come up with a not at issue with respect to this pro- of the PATRIOT Act that the NSA has very frighteningly accurate picture of gram—all of this can be done with a used to collect this metadata—a read- anyone based on that kind of high degree of automation, such that ing with which I disagree and a reading metadata, just as you can now, but those intent on abuses could do so with with which the U.S. Court of Appeals that would give them an even bigger relative ease, with the type of ease for the Second Circuit disagreed in its picture. That would be an even greater that they would not have access to ab- thoughtful, well-written opinion just affront to the privacy interests of the sent this type of automation. about 2 weeks ago—even though the American people. Sometimes people are inclined to ask NSA is currently collecting only tele- All of this relates back to the idea me: Where is the evidence that this phone call metadata right now, there is that the government shouldn’t be able particular program is being abused? nothing about the way the NSA reads to go out and say: Here is a court What can you point to that suggests section 215 of the PATRIOT Act—which order. We want all of your information. anyone has used this for a nefarious po- is incorrect, by the way, an incorrect We want all of your data. Just give it litical purpose or for some other ille- reading—but there is nothing about to us because we might want it later. gitimate purpose not connected with that reading that would limit the NSA This type of dragnet operation is in- protecting American national security? to collecting only metadata related to compatible with our legal system. It is I have a few responses to them. First telephone calls. incompatible with hundreds of years of and foremost, we do need to look to the So who is to say the NSA might de- Anglo-American legal precedence. It is Constitution, both to the letter and cide tomorrow or next year or a couple incompatible with the spirit, if not the spirit of that founding document that of years from now—if we reauthorize letter, of the U.S. Constitution, and it has fostered the development of the this—or at some point down the road is not something we should embrace. At the end of the day, we need to do greatest civilization the world has ever during a period of reauthorization, that something with this program. Not ev- known. It isn’t important for its own the NSA will not decide at that point eryone in this Chamber agrees on what sake simply because we have taken an to begin collecting other types of that something is, and not everyone in oath to uphold, protect, and defend it metadata, not just telephone call this Chamber who believes we need re- as Members of this body. The Constitu- metadata but perhaps credit card form or who believes the NSA’s pro- tion is an end unto itself. It is impor- metadata, metadata regarding people gram of bulk metadata collection is tant that we follow it regardless of who reserve hotels online, regarding wrong agrees on the same solution. But whether we can point to some par- emails that people send or receive, re- the way for us to get to a solution ticular respect in which this particular garding Web sites that people visit on- must involve open, transparent debate program has been abused. line, regarding online transactions that and discussion, and it absolutely Secondly, even if we assume, even if occur. Those are all different types of should involve an open amendment we stipulate for purposes of this discus- metadata. process. sion that no one within the NSA is cur- Now, again, I disagree with the NSA’s So if there are those who have con- rently abusing this program for nefar- legal interpretation of section 215 of cerns with the legislation passed by the ious political purposes or otherwise, the PATRIOT Act. I think they are House of Representatives last week by even if we assume no one within the abusing it. I think they are misusing a vote of 338 to 88, I welcome their NSA currently is even capable of abus- it. I think they have dangerously mis- input. I welcome any amendments they ing or has any inclination to abuse this construed it, just as the U.S. Court of may have. I welcome the opportunity program at any point in the future, I Appeals for the Second Circuit con- to make the bill better, to make it would ask the question: Can we say we cluded a few weeks ago. But this is more compatible with this or that in- are certain that will always be the their interpretation. And if we reau- terest, to make it do a better job of case? Who is to say what might happen thorize this, are we not reauthorizing, balancing the privacy and national se- 1 year from now, 2 years from now, 5 in some respects, or at least enabling curity interests at stake. years, 10 years or 15 years from now? them to continue this? I don’t think we But we have to have that debate and We know how these things happen. are validating or ratifying what they discussion, and we have to have that We understand something about human are doing. process in order for the American peo- nature. We understand what happens to Their interpretation of it is still ple to be well represented and well human beings as soon as they get a lit- wrong, but we are enabling them to en- served. We cannot continue to function tle bit of power. They tend to abuse it. gage in a continued ongoing practice of by cliff. Remember the investigation brought abuse of the plain language of section Government-by-cliff is a recipe for about by Senator Frank Church in the 215, which requires that anything they disaster. Government-by-cliff results in 1970s. Senator Frank Church, when he collect be relevant to an investigation. a take-it-or-leave-it, one-size-fits-all investigated wiretap abuses—abuses of Well, their interpretation of ‘‘rel- binary set of choices that disserve the technology that was still only a few evant to the investigation’’ is we might American people. Government-by-cliff decades old back in the 1970s when this at some point in the future deem this all too frequently results in temporary occurred—the Church Committee con- material relevant to what we might at extensions rather than some type of cluded, among other things, that every some point in the future be inves- lasting legislative solution that can Presidential administration from FDR tigating. That cannot plausibly, under help the American people feel more through Richard Nixon had abused our any interpretation of the word ‘‘rel- comfortable that they are being well Nation’s investigative and counter- evance,’’ be acceptable. And it was on represented. intelligence agencies for partisan, po- that basis that the Second Circuit re- So I would ask my distinguished col- litical purposes to engage in political jected the NSA’s interpretation. league, my friend the junior Senator

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.078 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3135 from Kentucky, if there are not ways here today is that I have been working Mr. HEINRICH. Yes. I thank my in which we could come to an agree- on five or six amendments for a year friend from Kentucky and ask him if he ment, if we as a body couldn’t come to now with Senator WYDEN, so we have would yield for a question without los- an agreement on how best to resolve bipartisan support for a series of ing his right to the floor. this difficult circumstance, if the cause amendments. These are what we think I want to start out by prefacing this of protecting American national secu- would be best to fix this problem. Cer- for a few minutes, from my limited ex- rity is irreconcilably in conflict with tainly, when we have had 3 years to perience—just over the past a little the privacy interests that are part of wait for this moment, we ought to have over 2 years, and I am on the Intel- the Fourth Amendment and, most im- enough time to vote on five or six ligence Committee now—by saying portantly, I would ask my friend from amendments. there is simply no question that our Kentucky if privacy isn’t, in fact, part So that is really, I think, what we Nation’s intelligence professionals are of our security rather than being in are asking of the leadership of both incredibly dedicated, patriotic men and conflict with it. sides—is permission. Because, really, in women who make real sacrifices to I would be interested in any thoughts this body, everybody has to agree to let keep our country safe and free and, in my friend from Kentucky might have you vote on something or no votes hap- that, they should be able to do their on that issue. pen. job, secure in the knowledge that their Mr. PAUL. Mr. President, the Sen- We have done a better job this year. agencies have the confidence of the ator from Utah makes a very good We are voting on more amendments, American people. And Congress—those point and also asks some very good but this is still one of those occasions of us here—needs to preserve the abil- questions. where we are butting up against a ity of those agencies to collect infor- In saying that we tend to work deadline. My fear is that without ex- mation that is truly necessary to guard against headlines here, I often say we traordinary measures—which I am against real threats to our national se- lurch from deadline to deadline, and hopefully trying to do today—that we curity. the American people wonder what the may not get a vote on amendments and The Framers of the Constitution, as heck we are doing in between the dead- we may not get adequate time to de- my colleague from Kentucky knows, lines. bate this, I think, important issue. declared that government officials had The PATRIOT Act has been due to Some of the amendments we have no power—no power—to seize the expire for 3 years. It is on a sunset of been interested in presenting as a way records of individual Americans with- 3 years. We knew 3 years ago that this to fix this—so first you have to agree out evidence of wrongdoing. And it was debate was coming. There should be with what the problem is. We think the so important that they literally en- plenty of time and, I think, adequate problem is that the government shrined and embedded this principle in time to discuss issues that affect the shouldn’t collect all of your phone the Fourth Amendment to the Con- Bill of Rights, that affect rights that records all of the time without putting stitution. were encoded into our Constitution your name on a warrant, without tell- In my view, the bulk collection of from the very beginning. ing a judge that they have suspicion Americans’ private telephone records So I think without question the issue that you have committed a crime. We by the NSA in this program clearly is of great importance and then we think that collecting everyone’s phone violates the spirit—if not the letter—of should debate it. But too often budg- records all of the time without sus- the intentions of the Framers here. etary measures—or maybe this meas- picion is sort of like a general warrant. Just 6 months after my first Senate ure—get so crowded up against dead- It is like a writ of assistance, it is like intelligence briefing, former National lines that people are like: Oh, we don’t what James Otis fought against, it is Security Agency contractor Edward have time for amendments. The prob- like what John Adams said was the Snowden leaked documents that ex- lem is, if you don’t have amendments, spark that led to the American Revolu- posed the NSA’s massive collection of you are not really having debate. tion. Americans’ cell phone and Internet I think the Senator characterized So we think the American people data. And as my friend from Kentucky very well that we both agree the bulk also believe this, that the American said, not just a few Americans but lit- collection of data is wrong. We think people believe their records shouldn’t erally millions of innocent Americans that goes against the spirit and the let- be collected in bulk, that there should were caught up in what is effectively a ter of the Constitution. not be this enormous gathering of our dragnet program. However, at least half of us that we records. It was made clear to the public that would encounter in this body don’t What we need to do is get to a con- the government had convinced the even agree with that supposition. They sensus where everybody agrees that is FISA Court to accept a sweeping rein- believe, as many of them have pointed a problem. But the body is still divided. terpretation of section 215 of the PA- out, we are not collecting enough, and About half of the Senate believes we TRIOT Act, which ignited, in my view, they don’t care how we collect it, let’s should collect more records, that we a very necessary and long overdue pub- just collect more. are not invading your privacy enough, lic conversation about the trade-offs So we are on different sides of opin- that privacy doesn’t matter—that, by made by our government between pro- ion, two groups here. And then some of golly, let the government collect all of tecting our Nation and respecting our us aren’t exactly on the same page as your records to be safe. constitutional liberties. to the solution, but we agree on the Well, when the privacy commission I think well-intentioned leaders had, problem. I think you could work looked at this, when Senator WYDEN during the previous decade, come down through to the solution if you all looked at this, and when other people decidedly on the side of national secu- agreed it is a problem and that the who have the intimate knowledge rity with a willingness to sacrifice pri- American people think we have gone looked at this, their conclusion was vacy protections in the process. And too far. that the bulk collection of our records, what became obvious was that because I think that is what the purpose of this invasion of privacy, isn’t even of our continued lack of knowledge of some of this debate today is, hopefully working, that we aren’t capturing ter- Al Qaeda and other terrorist organiza- to draw in the American public and rorists we wouldn’t have caught other- tions, some within our government be- have them call their legislators and wise by this information. So the prac- lieved we still needed to collect every say: Enough is enough. You shouldn’t tical argument that says we will give scrap of information available in order be collecting my data unless you sus- up our privacy to keep us safe, even to ensure that, should we ever need it, pect me of a crime, unless my name is that argument is not a valid argument. we could query this information and on the warrant. Unless you had a judge But we have been looking at some of track down U.S.-based threats. In sign the warrant for me, you shouldn’t the possible solutions—and I see the doing so, the government ended up col- be collecting all the data of all Ameri- Senator from New Mexico and would be lecting billions of call data records, cans all the time. pleased to entertain a question if he linked in case after case after case not I think part of our problem is the has a question. to terrorists but to innocent Ameri- deadlines, and part of the reason I am (Mr. LEE assumed the Chair.) cans.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.081 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3136 CONGRESSIONAL RECORD — SENATE May 20, 2015 Wisconsin Republican Congressman of these phone records and instead body to represent the will of the peo- JIM SENSENBRENNER, who I served with focus more narrowly on the records of ple. And I think the will of the people in the House of Representatives, who actual terrorists. is very clear that the majority of peo- was one of the authors of the original Americans value their independence. ple think we have gone too far and that underlying legislation—the PATRIOT I know this is especially true in my we need to stop this indiscriminate Act itself—said a couple of years ago: home State of New Mexico. They cher- vacuuming up of all Americans’ phone ‘‘The PATRIOT Act never would have ish their right to privacy that is guar- records regardless of whether there is passed . . . had there been any inclina- anteed by our Constitution. But some suspicion. tion at all that it would have author- of our colleagues still think it is OK for Mr. HEINRICH. Mr. President, I ized bulk collections.’’ the government to collect and hold would ask the Senator from Kentucky As this debate increasingly moved to millions of private records from inno- an additional question. I found it very the public sphere, I joined my col- cent citizens and to search those helpful before I came to the floor leagues on the Select Committee on In- records at will. today—and I want to thank my col- telligence—Senator WYDEN, who was The majority leader is asking us to league again for raising these critical just here on the floor a few minutes act quickly to reauthorize. I believe it issues—to go back and read the Fourth ago, and former Senator Mark Udall— would be a grave mistake to reauthor- Amendment, and I thought it would be in pressing the NSA and the Director of ize the existing PATRIOT Act, and I worthwhile just to briefly read that National Intelligence for some clear join my colleagues in blocking any ex- once again here on the floor because I examples in which the bulk informa- tension of the law that does not in- think it really puts you in the mind of tion collected under this metadata pro- clude major reforms, including an end some of the greatest Americans who gram, under section 215, was uniquely to bulk collection. ever lived. responsible for the capture of a ter- I think we can and we must balance Our Framers wrote a constitution rorist or the thwarting of a terrorist government’s need to keep our Nation that has survived for well over 200 plot. They could not provide any—not safe with its sacred duty to protect our years now. It has survived Republicans. a single solitary example—nor could constitutionally guaranteed liberties. It has survived Democrats. It has sur- they make a case for why the govern- And I guess this brings me to my ques- vived political parties that came and ment had to hold the data itself and tion for the Senator from Kentucky. went, and it has survived great con- why for so long. How on Earth can you possibly flicts time and again. Thankfully, a review panel set up by square what the Fourth Amendment The Fourth Amendment says: ‘‘The President Obama agreed with us and says, in terms of our papers and our right of the people to be secure in their recommended that the government end ability to control our own effects with- persons, houses, papers, and effects, against unreasonable searches and sei- its bulk collection of telephone out a warrant, with the government’s zures, shall not be violated, and no metadata. bulk collection of phone records of law- I will admit, however—and my friend abiding American citizens? Warrants shall issue, but upon probable from Kentucky has brought this up on Mr. PAUL. Mr. President, I thank the cause, supported by Oath or affirma- several occasions already—that I am Senator from New Mexico for that tion, and particularly describing the incredibly disappointed that the Presi- great question. place to be searched, and the persons or things to be seized.’’ dent hasn’t simply used his existing I think there is no way we can square I would ask my friend from Kentucky authority to unilaterally roll back this bulk collection with the Fourth Amendment. I think part of the prob- his views on the resilience of this con- some of the unnecessary blanket stitutional document and how he can lem, though, is that we, over a long pe- metadata collection. Some have possibly read the actual text of this riod of time, diminished the protec- claimed this inaction is evidence that Fourth Amendment without realizing tions of records held by third parties. the President secretly supports main- that those Framers really meant for And I think one of the debates we need taining the current program as is. this to apply into the future to things to get hopefully to the Supreme Court That, however, is nonsense. that we hadn’t foreseen yet but using sometime soon is whether you give up The President has asked Congress to the broadest terminology available, your privacy interest in records that give him additional authorities so that such as words like effects and papers? he can carry out the program in an ef- are held by third parties. I yield the floor and thank the Sen- fective manner, and the USA Freedom I think there will come a time that ator from Kentucky once again. This is Act seeks to do just that. your papers, once held in your house— one of those issues that unite people on The Republican-led House of Rep- there are no papers in your house. the left and the right, Republicans and resentatives last week passed that There may not be paper. But there is Democrats, who care deeply about our bill—the USA Freedom Act—by a vote still the concept of records. Records national security but also care about of 338 to 88, with large majorities from were traditionally on paper, and they our constitutional liberties. I think the both parties. At a time when everyone were traditionally in your house. But time to fix this is upon us. And without believes we agree on nothing, large ma- now your most private papers are held shining a light on this, we certainly jorities of Republicans and Democrats digitally by your phone, and then by are not going to be able to make the supported that piece of legislation. the people who are in charge of the dif- progress we need. We have an oppor- Further, the Second Circuit Court of ferent organizations such as phone, tunity here, and we should seize it. Appeals ruling that the NSA is vio- email, et cetera. I yield the floor to the Senator from lating the law by collecting millions of I think there has to be Fourth Kentucky. Americans’ phone records is even more Amendment protection of these. Those Mr. PAUL. Mr. President, I thank the proof that we have gone too far and who look at the court cases, and go Senator from New Mexico for coming need to recalibrate and, in my view, back to probably the last important down and for being a great supporter of refocus our efforts. Why on Earth, I case, the Maryland v. Smith case, often the Fourth Amendment. would ask, would we extend a law that say there is no Fourth Amendment One of the things I think is inter- this court has found to be illegal? protection at all for these records. In esting is that in our current culture we Given the overwhelming evidence fact, the government will tell you they seem to devalue the Fourth Amend- that the current bulk collection pro- can do whatever they want with email, ment. You go to—at least on our side— gram is not only unnecessary but also with text, and with all of these things. all kinds of groupings and gatherings, illegal, I think we have reached a crit- And I am not convinced they are not and there is a lot of talk of the Second ical turning point, and I want to thank using other programs, such as this Ex- Amendment, talk of the First Amend- my colleague from Kentucky for com- ecutive order program, to actually col- ment, but there hasn’t been so much of ing to the floor to force us all to have lect many other kinds of metadata the Fourth Amendment until we got to this conversation. We have kicked the other than phone calls. this point with the collection of data can down the road too many times on So I am very worried about it. I seeming to be running amok. this particular issue, and I believe it is think we need help from the courts. One of our Founding Fathers was time to finally end the bulk collection But we need help from the legislative George Mason. He was considered to be

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.083 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3137 an anti-Federalist. He was a guy who usurp authority to gain and grab and I think it is also a mistake to think really stood on principle, but also he take more power, it has been at the ex- we are literally talking about paper in was a guy who had the audacity to ac- pense of freedom. your house because there is quickly tually not sign the Constitution, even I think we can be safe and have our coming a time in which technology though he was asked and he was there freedom as well. I think we can obey will be such that there will be no pa- and could have. the Constitution and catch terrorists pers. Papers will be another word for On September 17, 1787, he refused to at the same time. I think, in fact, ‘‘records,’’ but your records will not be sign the Constitution and returned to frankly—strictly from a practical point kept in your house. his native State as an outspoken oppo- of view—I think we gain more informa- They already aren’t. There was a dis- nent of the ratification contest. His ob- tion by using the Constitution. By hav- cussion of this in whether we can jection to the proposed Constitution ing less indiscriminate collection of search a person’s individual phone, and was that it lacked a declaration of data and by having more collection of the Court did rule I think in an accu- rights. Mason felt that a declaration of discriminating data—data that is based rate way. The Court and one of the Jus- rights—or what we call a bill of on suspicion, data that is based on tips, tices said that, basically, the informa- rights—was a necessity in order to curb data that is based on human intel- tion found on your phone is more per- Federal overreach. ligence, data that we can focus all of sonal and more extensive than prob- Mason, though, was also famous for our human energy on—I think we actu- ably any papers that were ever in any being an author of the Virginia Dec- ally will catch more terrorists. I think home in a time before electronics. So laration of Rights, which was written a there has been instance after instance we are going to have to catch up to decade or so before our Constitution after instance where we did have infor- electronics, we are going to have to and upon which many things were mation on terrorists and we failed to catch up to the digital age, and we are based. He wrote in the first paragraph act, perhaps because we are spending so going to have to decide does the indi- of the U.S. Declaration of Independence much time and so much energy on the vidual maintain a privacy interest and/ something similar to what we hear in indiscriminate collection of data. or a property interest. the Declaration of Independence: William Brennan is one of our famous I, frankly, think that when the phone Justices, and he said of the Framers: That all men are by nature equally free company holds my records, that they and independent, and have certain inherent The Framers of the Bill of Rights did not are partly mine; that there is a prop- rights, of which, when they enter into a state purport to ‘‘create’’ rights. Rather, they de- erty interest and a privacy interest I of society, they cannot by any compact de- signed the Bill of Rights to prohibit our Gov- ernment from infringing rights and liberties haven’t relinquished. Unless I have prive or divest their posterity; namely, the presumed to be preexisting. given explicit permission, I don’t think enjoyment of life and liberty, with the I have given up my privacy. In fact, means of acquiring and possessing property, We didn’t create the rights. Govern- and pursuing and obtaining happiness and ment didn’t create your rights. Your many times it is the opposite. safety. rights come naturally to you. For Many times what we have actually said is, when I agree to do banking In the Declaration of Rights, which those of us who believe in a Creator, with you or I agree to have you hold comes from 1776, for Virginia, he also they come from our Creator. But they my telephone calls or I agree to do was instrumental in including article are important to protect. They should Internet searches with you, I have an IX. Article IX is basically the pre- be protected against all forms of even explicit agreement often. The agree- cursor to the Fourth Amendment. In majority. It is why some of us think it ment is so explicit to defend my pri- it, he wrote: very important to say that we are a Republic, we are not a democracy; that vacy that when they don’t, they are ac- That general warrants, whereby any officer tually fearful of being sued. And so all or messenger may be commanded to search no majority should be able to take suspected places without evidence of a fact away our rights. That is why this is of this craziness, all of this overreach, committed, or to seize any person or persons important. I think these questions ulti- all of this loss of our privacy comes not named, or whose offence is not particu- mately get to the Supreme Court. Be- with a little additional caveat that is larly described and supported by evidence, cause no matter what the majority written into all the laws and everybody are grievous and oppressive, and ought not says here, no matter what the majority is clamoring for and it is what they to be granted. of the legislature says, the Bill of want now—liability protection. They So from the very beginning, the Rights lists and codifies rights that want to be able to violate their privacy Fourth Amendment was a big deal. It cannot and should not be taken away agreement. So we give them liability was a big enough deal that the fact by a majority: the rights that we have protection. They don’t want to be sued, that it wasn’t included caused George to be left alone—as Justice Brandeis but they realize they are violating and Mason to say he couldn’t sign the Con- said, the most cherished of rights, the could be accused of violating our pri- stitution. It was a big enough deal that right to be left alone. But this debate vacy agreement. this debate went on for a while, and fi- is a long and ongoing debate. For near- So as much as I hate and despise friv- nally the resolution of getting the Con- ly 100 years, from the Olmstead case in olous lawsuits, the threat of suing stitution included that there would ul- 1928 to the present, we have had a dis- somebody causes them to obey their timately be a Bill of Rights. Thomas cussion and a struggle and a con- contract. If they don’t have the Jefferson wrote about the Bill of troversy over what parts of our con- threat—if you say: Well, we are going Rights. He said: versations are to be protected and what to have contracts, but we are not going A bill of rights is what the people are enti- parts are not to be protected. to enforce them with the threat of a tled to against every government on earth, I think a lot of our problems really lawsuit, then contracts become mean- general or particular, and what no just gov- originated with going the wrong way in ingless. So it is really important that ernment should refuse, or rest on inferences. 1928 with the Olmstead case because we as we move forward, we try to say to I like the way he put it: A Bill of went for a long period of time—we people the privacy agreement you Rights is what the people are entitled went for two generations thinking that signed is a real document, it is a real to against every government. It is a your phone calls were not private and contract, and it should be protected. protection. that your phone calls were not pro- When referring to the Bill of Rights, Jefferson also described the Constitu- tected by the Fourth Amendment. Gen. Smedley Butler, who was a two- tion as the chains of the Constitution. Then, we finally got to the 1960s, and time Medal of Honor winner and a Bre- The chains were to bind government we reversed that and we said your con- vet Medal of Honor winner, said: and to prevent government from abus- versations are to be protected. But There are only two things we should fight ing its authority. within a decade we made the wrong de- for. One is the defense of our homes and the When we have adhered to this, when cision again and said that your records other is the Bill of Rights. we paid strict attention to it, we have are not to be protected—that your When I have talked to the young men maximized our freedom. When we have Fourth Amendment, your records once and women who have fought bravely let our guard down, when we have al- held by the phone company, aren’t to for our country—young men and lowed our guard to stray away, when be protected. I think that was a mis- women who have lost limbs, families of we have allowed the government to take. those who have lost lives—that is what

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.084 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3138 CONGRESSIONAL RECORD — SENATE May 20, 2015 I hear from every one of them. I hear The second amendment we would example, the question now whether you from them that they were fighting to consider putting forward, if we were al- have any privacy interest in your defend the Bill of Rights. They were lowed to and allowed to have votes on, third-party-held records—whether the fighting to defend our Constitution. would replace the PATRIOT Act exten- Fourth Amendment protects these at What saddens me is that while they sion with comprehensive surveillance all, that is our constitutional question. were fighting for our Constitution, reform. We would replace the extension That should not be decided in secret, while they were fighting for our Bill of of expiring authorities with substantial and you really can’t have justice de- Rights, their legislators weren’t fight- reforms, as originally proposed by Sen- cided in secret. ing for the Bill of Rights. Their legisla- ators WYDEN and PAUL and others in The other part of our amendment tors were turning the other way. Their the Intelligence Oversight and Surveil- would give Americans spied on by the legislators were so fearful of attack lance Act of 2013. government standing to sue in court that they gave up on the Bill of Rights This amendment would end bulk col- and end the practice of reverse tar- and said: Here is my liberty, just give lection and replace it with nothing. We geting, under which the government me security. This is a longstanding de- would close the section 702 backdoor targets the communication of an bate. Franklin had it right—those who search loophole, which allows the gov- American without a warrant by tar- are willing to give up their liberty may ernment to say they are searching for- geting the non-U.S. person they speak end up with neither. eigners’ records but in reality gather to. By some reports, it is even worse Now, some would ask: Why am I here up 90 percent of the records being than that. I mentioned earlier that an today? What do I propose to get out of American records and called inci- enormous amount of what the PA- this? Is there an end point when I will dental. We would close this backdoor TRIOT Act does—which is supposed to go home and be quiet and quit talking loophole where actually American go after foreigners—is actually being about the Bill of Rights? records are being collected, not foreign used domestically for drug crimes. I think there could be. I think if the records. We would create a constitu- There have been reports that the in- leadership of both parties in the Senate tional advocate to argue before the formation is being gathered through an would agree to have a debate on the FISA Court, before the intelligence intelligence warrant, and then they go PATRIOT Act, if they would agree to court. back with the traditional warrant after have amendments and have votes—and The reason I think this is necessary they have gotten information through I will give some examples of some is that the court has somewhat become a lower standard—through a nontradi- things that we think—most of these a rubberstamp for the government, and tional, nonconstitutional investiga- will ultimately be introduced in all we aren’t allowing any kind of oppos- tion. Then they go back, and they get likelihood by Senator WYDEN and I. I ing arguments and we really aren’t the warrant after using this informa- will start with the first one. This is having any argument. For example, we tion or they recreate the scenario in based upon an amendment that he and have loosened the standard from the order to get the information they need. I have worked on together. This constitutional standard, which is prob- Then they do not tell the judges they amendment would prohibit mandates able cause, and we have said it is rel- got the information through the intel- on companies that alter their products evant. So we get to relevance. But ligence angle. to enable government surveillance. So when you come before the court, I Another amendment that we would this amendment prohibits any man- don’t think anybody is debating or like to ask the leadership of both sides dates from government agencies re- being asked to prove whether it is rel- if they would let us introduce it and if quiring private companies to alter evant. Certainly they must not because we were allowed to debate this and their security features—their source they are somehow approving the collec- have an open amendment process code—to allow the government to get tion of everybody’s records in the would be that the warrantless crime into their stuff and into your lives. United States—which I don’t know of could not be used against Americans in This amendment would apply to com- anybody who believes the word ‘‘rel- nonterror criminal cases. puter services, hardware, software, and evant’’ can include everybody. This was originally the way it was. electronic devices made available to So if we had an advocate or we had This is why you have to worry about the general public. someone to say this is the other side— the slippery slope. Back in the 1970s, Currently, the government is requir- I think it is really important. I am not they said: OK, we are going to have a ing and sometimes telling companies a lawyer, but I understand they argue different standard to get foreign tar- they can’t even tell you this. They are with each other all the time and you iffs. Even I, who want to keep good requiring access to certain products. are supposed to figure out the truth. standards, can accept a little bit of There have been stories of them insert- You argue and advocate for your side, that—a slightly lower standard for peo- ing malware on Facebook, giving you and then somehow you apply the truth ple who do not live here and are not access to Facebook, and then getting or people arbitrate what they think the American citizens and are not part of into your Facebook account through truth is from this discussion. If only our country. It has its dangers, but the Facebook code source. I know the government argues, you can’t get even I might be able to accept that. Facebook has objected to this and even any sense or form of what truth But what I cannot accept is that you fought them on this, but our amend- is. lower the constitutional standard. You ment would say that the government So what we would argue in our sec- are going to use a terrorist warrant just can’t do this. The government can- ond amendment is that you actually that has a lower procedural hurdle, and not force different social networking have an advocate that argues on that then you are going to use it for domes- sites and different Internet software side. I would go further, though, and tic crime. cannot force them to give the govern- say that not only do you have an advo- That is exactly what is going on now. ment access indiscriminately. cate, you should have an avenue for ap- We should be appalled that they de- The question would be: Can the gov- peal. stroyed the Fourth Amendment for ernment require things specifically? I am with Senator WYDEN. I want to certain crimes and we did not do any- Absolutely, yes. Present evidence to protect all the people doing this. I thing about it. get a warrant, and realize that when don’t want any names revealed. I don’t Section 213 of the PATRIOT Act is they want to make you so afraid that want any agents revealed. I don’t want called sneak-and-peek. The govern- you give up all your records, realize to endanger the people who are risking ment can go into your house and never that warrants aren’t hard to get. The their lives for our country to gain in- tell you they were there. They can look FISA warrants are almost without telligence. But I do think the law in through all of your records. They can question agreed to, maybe to a fault. general can be debated. Senator WYDEN steal stuff. They can replace it. They Ninety-nine percent-plus of all the war- talked about how the law doesn’t need can do all kinds of things and place lis- rants ever requested are granted. I to be secret; the operations need to be tening devices—all without ever telling think it is not too much of a step to secret. you. say we should ask and request war- So we can protect all of that. But I This is in contradiction to what most rants. think the law should be debated. For people have accepted the Fourth

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.086 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3139 Amendment to be. But if you look at We have another amendment that I think, without question, if you talk who is being convicted with section 213, goes to the heart of what I think to people, they will tell you that they 99.5 percent of the people are for drugs, should be decided by the Supreme get a great deal more information and for domestic crime. What we have done Court. We call this the amendment more specific information by using is that we have taken a domestic crime that would protect the privacy of warrants. and we say the Constitution no longer Americans’ records held by third par- Let’s say tomorrow we elected a applies. We basically got rid of the ties. I think that your records do re- President who eliminated the bulk col- Fourth Amendment for these crimes. tain a privacy interest. This amend- lection of data. Let’s just say it hap- For about 11,000 people a year, the ment—should the leadership agree to pened. What do you think would hap- Constitution no longer applies to them. allow us to have amendments—would pen? People say: Oh, the sky would fall. We are using a lower standard. If you establish a clear principle consistent We would be overrun with jihadists. want to make this even worse, think with the Fourth Amendment. As it re- Maybe we could rule on the Constitu- about who is being convicted of drug lates to government collection, an in- tion. Maybe we could get warrants. The crimes in our country. Three out of dividual’s records, if given to a third information is out there. There are four people being convicted of drug party for a specific business purpose, warrants. If you make the warrants crimes in our country are Black or are as equally secure in their person as specific, there is no limit to what you Brown. But if you ask who are the kids those that remain in their possession, cannot get through a warrant. The who are using drugs, equal numbers of unless the third party informs the indi- warrants are given the vast majority of White and Black kids are using drugs. vidual that it intends to share the in- the time. But three out of four people in jail are formation. This amendment affirms People complain and say it would Black or Brown. Then you find out that that the government cannot cir- take too long; it would be inconven- not only have we messed up the war on cumvent warrant requirements by tak- ient. Make it better then. Put your drugs such that it has a racial element ing Americans’ records from third par- judges on 24 hours a day. Appoint 24 to it, but we are now using a lower ties, and it protects the constitutional more judges. Put them on call all the standard that is not the Constitution, rights during engagement and regular time, and let’s do this. There is no rea- and the end result is a racial outcome. communication and commerce. son why you cannot have security and This is an enormous problem. Re- I think we had a vote on this a while liberty at the same time. lated to so much of what is going on in back. I do not think we were that suc- Another amendment we have—should our country, so much of the anger you cessful. I think we got four people to the leadership agree to allow us to are seeing in our cities comes from this vote—to say that your records should have amendments and to have votes injustice. You now have people going be protected by the Fourth Amend- and to have a debate on this—is an to jail. You have people going to jail ment. Most people do not realize this. amendment that would require the for 15, 20, 30 years. Most people have no idea that the gov- court to approve national security let- There is a woman by the name of ernment’s position, and, currently, ters. In a 3-year period between 2003 Mary Martinson from Mason County, maybe the Supreme Court’s position, is and 2006, 140,000 national security let- IA. Her mother just died recently. that you do not have any right— ters were given out. National security They let her out of prison for a couple Fourth Amendment right—in your letters are warrants that are below the of hours. Her dad is getting older, and records unless you have them in your constitutional bar. They do not meet she wishes she had been there to help house. the constitutional bar because they are her parents. She did mess up. She was I think this is something about not being signed by a judge. They are a drug addict. Her boyfriend was a drug which the more people understand and being signed by the police. You got rid addict. They had guns in the home. the more people are drawn to this of one of the great protections we had, They were selling the drugs. He was a issue, maybe people will demand that which was the check and balance that meth addict. She was probably going to we have some justice here. We live in the police would always go to the judi- die if she stayed on the drugs, so it was an era where ultimately no one is ciary. It was a different branch. The judge is sitting at home, hope- good that she got off the drugs. She got going to have paper records in their fully reading it in a reasoned fashion. caught. She got 15 years in prison. house. All of your records are going to You can kill somebody in Kentucky The judge is not in hot pursuit. The be electronic. Because they are held and be out on parole in 12 years. Yet we judge is not letting their emotions— and they are managed somehow by a put this woman in jail for an addiction. the judge was not just punched by one third party, does that really mean we She had never been convicted of any of the convicts. The judge is sitting at other crime. No judge in their right have given up our rights? The thing is home in a reasoned fashion trying to mind would have ever given her 15 that the government might say if your make a reasonable decision. But still, years—nobody would have. The judges cell phone is in your house, then they the vast majority of the time warrants basically are telling the defendants and do. But the cell phone is connected to are given. telling the press: I would never do this. someplace outside your house. Your If there is a policeman outside the This is the wrong thing to do, but I am email is being served on some server house of an alleged rapist, and they forced to do this. Compound this with somewhere. I see no way that it could want to go in, they call on a cell phone. the fact that the war on drugs has had be construed that you have given up The judge almost always says yes. It is a racial outcome. You put the two to- your right to privacy because someone the same for murder. gether and you say: Well, we are no else is holding the records for you be- Does anybody imagine that there longer obeying the Constitution, and cause that is the way in the digital age would be a judge in our country and there is a racial outcome. we have come to hold records. that you call and say: John Doe—we Where is the hue and cry? We talked a little bit earlier about have evidence that he traveled to Where is the President on this issue? trust. I think trust is incredibly impor- Yemen last year. We have evidence I have talked to the President about tant. I do not discount that the vast that he talked to Joe Smith, and we criminal justice. I think he sincerely majority of people who work in our in- have evidence that he is a terrorist, wants to help. But here is the thing. telligence community are honest, and we want a warrant to tap his The President could today stop this trustworthy, and patriotic. I think we phone. program. He could stop collecting stuff all want the same thing. We want to Look, I am the biggest privacy advo- through the sneak-and-peek. He can protect our country. We want to pro- cate in the world. I will sign the war- say we are no longer going to do the tect our loved ones. We want to honor rant immediately. I do not know of bulk collection. Most of these things the memory of those who died on 9/11 anybody that will not sign warrants to originated out of Executive order. He by capturing and stopping the people allow searches to occur. But you have could stop these any time he wanted who would attack us. But the question the check and balance so it does not to. We would stop it. We would say no is this: Can you catch more or less, or get out of control. What happened and more spying against Americans and no are we more or less effective, in catch- what is happening now is we let down more use of this information for non- ing terrorists if we use the Constitu- our guard. We have no checks and bal- terror criminal cases. tion, if we use traditional warrants? ances. So what does the government do

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It would make it more like a solutely.’’ The corollary to that would you have a privacy agreement that warrant where a judge would actually be: When you are not watching, power says they are not going to share your review it and see if there is suspicion grows exponentially. information with anybody, the only to be reporting this activity instead of They will do whatever they can get way they will protect it is if there is just reporting activity based on the away with. They will do it in the name the threat that they could be sued for way people do their transactions. of patriotism. Actually, I do not even not protecting it. I think the contracts The problem has been that we now question their motives. They believe become not worth the paper or the have the IRS confiscating your money, themselves to be patriotic, but they click ‘‘I agree to this’’ and become your bank account, based on the way think we have to do anything it completely worthless if the companies you do your transactions. It is not takes—no matter whether it con- are told they can go around it. The based on a conviction; it is based on, I travenes the Constitution or con- companies have all specifically re- guess, the presumption that you are travenes the Bill of Rights. The people quested this because I think they fear guilty until you can prove yourself in- who do this—their motives are good, that every day the government is re- nocent. This is also going on with civil but they are confused in a sense, and questing them to breach the privacy asset forfeiture. It is intertwined with they do not fully comprehend what we contract. So in order to enable the pri- records, and as we allow the govern- are giving up in the process. vacy contract, I think we have to get ment to collect our records in an un- This amendment would require to a point where people can sue if their constitutional manner, we have to be judges to sign national security letters. privacy is violated. very careful that then those records It would make them more like war- I think there can be a mixture of are then being used with the presump- rants. In practice, national security opinions on what Snowden did. I think tion of guilt, not innocence. letters have become warrants written we have to have secrecy and there has I have a great deal of questions about by law enforcement without prior to be laws against revealing secrets, so Executive Order 12333. John Napier Tye court review and approval, granting I can’t say we should have everybody was with the State Department and them almost unfettered access to indi- revealing secrets. At the same time, I oversaw some of the freedom of the vidual email and phone communication think the law says that those who are Internet and government surveillance, data, as well as consumer information reporting to Congress should tell the and he put out an op-ed that shows a such as bank and credit records. truth. significant concern as far as whether So we have the intelligence director Those subjected to the national secu- this Executive order may be as big as lying to us and saying the program rity letters must also obey a gag order. bulk collection. doesn’t exist, and then we have some- Not only does the Government come to I spoke with one of the founders of one committing civil disobedience. you with a less than constitutional one of America’s larger Internet com- When you commit civil disobedience, it panies recently, and he told me that permit or a less than constitutional isn’t that we change the law and say it not only is he worried about bulk col- warrant, but they then tell you that is OK. What we do is say: You broke lection, but he is worried that bulk col- you cannot talk about it. You may go the law, and maybe you did it for a lection might be smaller—the collec- to jail for 5 years if you tell somebody higher purpose, but it doesn’t mean we tion of all the phone data might be you had a warrant served on you. will get rid of all punishment for smaller than the backdoor collection This amendment would require that things like this. I think there is one through 702 and the backdoor collec- a government obtain approvals from a way we can modify it. tion through the government forcing court prior to issuing an NSL to a pri- Snowden was a contractor, and we companies to allow them into their vate entity, thus forcing them to dem- don’t have very good rules for whistle- software. onstrate a clear need for information blowers who are contractors. I would Our concern is that we need to look as part of an investigation. extend the whistleblower statute to more at the Executive order. I think it Amendment 6 would create a new people who want to come in and want is being done in secret, but once again, channel for legal appeals for those sub- to tell an authority, an investigator an evaluation as to whether a law is jected to government surveillance or- general or somebody, if they want to constitutional or whether a law over- ders. This amendment would empower reveal that they think something is states its purpose should be done in the individuals or companies, ordered by being done illegally. open. the government to hand over informa- For example, if Snowden knew that I see the Senator from Montana, and tion about users or customers, to make Clapper was lying, a felony has been I will be happy to entertain a question constitutional challenges that would committed. I would think that some- without losing the floor. be in order in the U.S. court of appeals. body who has evidence of a felony and Mr. DAINES. Will the Senator from My understanding right now is that tells the investigator general, ‘‘Look, I Kentucky yield for a question without it is very difficult to appeal a FISA have seen this, and I have seen that losing his right to the floor? order. They are secret. You are not al- they are collecting all the records of Mr. PAUL. Mr. President, I will yield lowed to be in the court, so you are not every American,’’ and he says they are to the Senator from Montana. allowed to participate in the process. I not, then he has committed perjury Mr. DAINES. I thank my colleague think, also, you can get outside of and a felony, and there ought to be for raising this important issue on the FISA by appealing, but I think you some sort of whistleblower statute for Senate floor today. It wasn’t all that have to ask for something that is that. What we do in one of our amend- long ago that I served as a House Mem- called a writ of certiorari. It is a spe- ments is to allow whistleblowers to be ber. I served one term in the House and cial condition, and it is not so auto- contractors as well. then came over to the Senate this year. matic. My understanding is that the One of the things that has been going I came over to the Senate floor, and I court will grant these things, but they on—even predating the PATRIOT Act stood in support of my colleague’s ef- do not occur very often. They are an and goes back to probably the 1980s and forts to protect the American civil lib- extraordinary thing. 1990s—is something called suspicious erties and ensure drones are not being We would like to make it a little bit activity reports. These are now being used to target American citizens on more of a facility of getting to a nor- done, I believe, by the millions. At one our own soil. mal appeal—the way a normal appeal point I looked at it, and 5 million of In fact, I am grateful to see that in would occur. We have been pushing to these had been filed. Every year, hun- the Senate Chamber today, we have allow that there would be more of an dreds of thousands of these are being five House Members who are here automatic sort of appeal here. filed, and if the banks don’t file them, standing with the Senator from Ken- One of the other amendments would the banks could have their licenses tucky as he makes his very important say there is no liability immunity for taken from them or there could be point which relates to our Constitution companies that break their agreements $100,000 fines issued to banks. and our freedom.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.088 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3141 Well, 2 years later, we are here again, could not identify a single time in which and has shown only limited value. For these and the threats to America’s civil lib- bulk collection under Section 215 made a reasons, the government should end the pro- erties and constitutional freedoms re- concrete difference in the outcome of a coun- gram. terterrorism investigation. I stand here today with the people of main ever present. That’s why I urge you to support reform by As my colleague from Kentucky is Montana. I stand here today with my committing to a no vote on reauthorization colleague from Kentucky. I stand here well aware, I spent more than 12 years of Section 215. in the technology sector before being A vote against reauthorization is a vote for today with five Members of the U.S. elected to Congress. I know firsthand the Constitution. Thank you for opposing House who are seated in the back of the power that Big Data holds. I also unconstitutional surveillance and for sup- the Senate Chamber: Congressman know the great risks that arise when porting a free and secure Internet. DUNCAN of South Carolina, Congress- that power is abused. Montanans are right to be concerned. man BLUM of Iowa, Congressman There is a clear and direct threat to This program is a direct threat to our MASSIE of Kentucky, Congressman LABRADOR of Idaho, and Congressman Americans’ civil liberties that comes constitutional rights. It has jeopard- AMASH of Michigan. from the mass collection of our per- ized our civil liberties with little prov- en effectiveness, and I am the son of a I think it is important that the Sen- sonal information in our phone records. ate recognize what the people’s House I, like so many Montanans, am deeply U.S. marine. Several weeks ago, I was with Leader did last week when they passed the concerned about the NSA’s bulk USA FREEDOM Act. That vote was 338 metadata collection program and its MCCONNELL and other Senators. When we went to Israel, we met with Prime to 88. To suggest that this is just a impact on our constitutional rights. In small minority of Congress men and fact, just last night, I hosted a tele- Minister Netanyahu. When we went to Jordan, we met with King Abdallah. women who support the USA FREE- phone townhall meeting with thou- DOM Act—this is the chairman of the sands of Montanans, and one of the When we went to Iraq, we met with Prime Minister al-Abadi. When we were Judiciary Committee, the chairman of issues I heard most about was the the Intelligence Committee, the chair- NSA’s bulk data collection program both in Baghdad, we went up to Erbil and met with the leaders of the Kurds, man of the Armed Services Committee, and when is Congress finally going to and the chairman of the Homeland Se- put a stop to it. In fact, this is one of including Mr. Barzani. We then went to Afghanistan. We were in Kabul, and we curity and Governmental Affairs Com- the issues I hear most about from my mittee, amongst many others, who fellow Montanans. were in Jalalabad. We met with Presi- dent Ghani. We heard directly from the want to make sure we strike the right I brought down just a few of the balance between protecting the home- leaders in the Middle East, we heard di- thousands of letters I received from land and protecting our civil liberties. rectly from our U.S. military, and we Montanans on the NSA’s dangerous The people of Montana, my colleague bulk metadata program. For example, I heard directly from U.S. intelligence from Kentucky, the five Members from have a letter from Adam, who lives in about what is going on in the Middle Congress who are here at this moment, Missoula. Adam writes: East. and millions of Americans know I As the father of four and someone I’m writing to ask you to allow Section 215 strongly agree with their view on the who strongly believes in a strong na- of the PATRIOT Act to expire on June 1st of USA FREEDOM Act. this year. While it is only one provision of tional defense and the importance of Like all Americans, I understand the the larger problem...it would at least begin protecting our homeland, I weigh these great risks that face our national secu- to curtail the surveillance of Americans. issues very deeply. These are heavy rity. The threats from ISIS, the As Americans we should be free to commu- issues we must look at as we want to threats from North Korea, and the nicate without the threat of the government ensure we protect the homeland and, monitoring those communications. Wanting threats from Iran grow stronger each just as important, protect the Con- and every day. We must be prepared. to keep your life private does not mean you stitution and the constitutional rights have something to hide—only that your life We must ensure our intelligence and isn’t any of the government’s business as of the American people. law enforcement agencies have the long as you are not infringing on the liberty As my colleague is likely aware, a tools they need to protect and defend of others. 2014 report from the Privacy and Civil our Nation. But these objectives—na- At the end of the day, giving up our lib- Liberties Oversight Board, which is a tional security and protection of our erties because of the threat of terrorism nonpartisan, independent privacy civil liberties—are not mutually exclu- truly is the definition of terrorism winning. board, found that the NSA’s bulk data To be free inherently means a person also in- sive. We can and we must achieve both. collection program said that it ‘‘con- We must maintain a balance between curs risks. tributed only minimal value when Even though he was speaking about taxes, protecting our Nation’s security while I believe Benjamin Franklin would agree: combating terrorism beyond what the also maintaining our civil liberties and ‘‘Those who would give up essential Liberty, government already achieves through our constitutional rights. to purchase a little temporary Safety, de- . . . other alternative means.’’ All of us standing here today took an serve neither Liberty nor Safety.’’ Like the New York-based Second Cir- oath to protect and defend the Con- Jes from my hometown of Bozeman, cuit U.S. Court of Appeals recently stitution. I took that oath just a few MT, wrote: unanimously confirmed, this oversight steps away from where I am speaking board found that section 215 of the PA- I am writing to you as your constituent. here today, between myself and the NSA spying needs a comprehensive over- TRIOT Act does not provide authority Presiding Officer’s chair, occupied at haul. But in the meantime, I urge you to for the NSA’s bulk metadata collection the moment by the Senator from Utah, show that you care about the Constitution program. In fact, the report states: Mr. LEE. by voting against reauthorization of Section Under the Section 215 bulk telephone As all of us here today know, the 215 of the USA PATRIOT Act. Section 215 records collection program, the NSA ac- fight to protect our Constitution and has been used to invade the privacy of mil- quires a massive number of calling records America’s civil liberties is far from lions of people. from telephone companies each day, poten- over. We must remain vigilant and we Although some in Congress and the NSA tially including the records of every call have argued that collecting call detail made across the nation. Yet Section 215 does must also ensure that we have robust records (‘‘metadata’’) is not privacy inva- not authorize the NSA to acquire anything and transparent debate about these sion, the information collected by the gov- at all. programs and what reforms must be ernment is not just metadata—it paints an It is illegal, it is an overreach of implemented to protect America’s civil intimate portrait of the lives of millions of power, and it is a direct threat to our liberties. That is why I support the Americans. USA FREEDOM Act, which would end What’s more, the collection of call detail First and Fourth Amendment rights. In fact, the report goes on to con- the NSA’s bulk metadata collection records isn’t even necessary to keep us safe. program and why I strongly believe The President, the Privacy and Civil Lib- clude: erties Oversight Board and the President’s The program lacks a viable legal founda- that Congress must engage in an open Review Group have all admitted that collec- tion under Section 215, implicates constitu- amendment process. The American tion of call detail records is not necessary. tional concerns under the First and Fourth people must have their voices heard, PCLOB [Privacy and Civil Liberties Over- Amendments, raises serious threats to pri- and an open amendment process will sight Board] went so far as to note that it vacy and civil liberties as a policy matter, help ensure that happens.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.092 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3142 CONGRESSIONAL RECORD — SENATE May 20, 2015 In light of all we have learned about Mr. MANCHIN. Mr. President, will cuit of the United States struck it the NSA’s unlawful bulk data collec- the Senator from Kentucky yield? down. The courts have made clear that tion program, it is clear that reforms Mr. PAUL. I will, without yielding this program is not legal, and I under- must happen. It is critical that Ameri- the floor. stand the frustration of Senator PAUL cans’ rights are protected against the Mr. MANCHIN. I know the Senator and Senator WYDEN with any sugges- overreach of their own government. from Kentucky agrees with me that tion that it be continued. So I ask the Senator from Kentucky, the defense of our country and the pro- I believe this bill, USA FREEDOM would he agree that the indiscriminate tection of our civil liberties should be 2015, moves us in a positive direction. government collection of Americans’ bipartisan and above politics. I know It ends the bulk data collection pro- phone records violates the Constitution he agrees that we can and must protect gram and ensures that the collection of and, according to two independent our citizens without violating their data is related to a relevant, particular commissions, has not proven critical to civil liberties. Again, I don’t always terrorist investigation. At the same our national security? agree with my good friend from Ken- time, it still protects this country. (Mr. TILLIS assumed the Chair.) tucky on every issue, but when it The USA FREEDOM Act of 2015 re- Mr. PAUL. I wish to thank the Sen- comes to this Nation’s intelligence places indiscriminate bulk collection ator from Montana for that excellent gathering and security, we agree more and allows the government to collect synopsis of the issues as well as for the than we don’t. call detail records on a daily basis if it great question. As was he, I was deeply troubled by can demonstrate to the FISA Court a I think the reports by the review the revelation that our country was en- reasonable, articulable suspicion that committee and the privacy committee, gaged in bulk collection—I think we all its search term is associated with a for- both commissioned by the President, were surprised—and that millions of eign terrorist organization. both nonpartisan, are incredibly power- private citizens’ data was gathered un- The bill provides greater trans- ful because not only did they look at knowingly and unjustifiably. parency about surveillance activities. the constitutional issue of whether this In 2013, Edward Snowden revealed to It contains significant new government is a bulk or a general warrant versus the American public that NSA was en- reporting requirements for FISA au- thorities to ensure its activities do not an individual warrant, they also saw gaging in ‘‘bulk data collection,’’ in again break the law. It gives private practically that it wasn’t working, it sweeping up virtually every cell phone companies increased options for report- wasn’t adding anything to our intel- record of an enormous number of ing to the public information about the ligence. So I think we have sort of a Americans, again for no reason. The number of FISA orders and national se- dual reason now to say this is a big U.S. spying program did this by sys- curity letters they receive. The bill re- problem. tematically and indiscriminately col- quires declassification of FISA Court One, there are constitutional ques- lecting millions—I mean millions—of opinions containing significant legal tions, which I think are very clear, but Americans’ phone records by simply interpretations. The bill requires the then the second practical question is digging up every phone record that FISA Court to designate a panel to ap- that when we examine the evidence— came into its net even if it wasn’t re- point individuals to advise in par- and the privacy commission actually motely related to a broad, general ticular cases involving new or difficult looked at classified evidence; they search. These are not searches that legal issues. It expands the opportunity looked to see whether it was adding were relevant to a particular threat or for the appellate review of FISA Court anything to this—I am thoroughly con- an individual group; it was just a huge decisions. The bill strengthens the ju- vinced that we can catch terrorists database of documenting what millions dicial review process for gag orders, with traditional constitutional war- of law-abiding citizens were doing. imposes new privacy protections for That is not what this country was rants. FISA pen registers, and limits the use based on, and I think the Senator from When I have talked to former high- of unlawfully obtained information. ranking heads of our security agencies, Kentucky has made that very clear. I The bill also contains many provi- they freely admit they get more infor- know the Senator from Kentucky be- sions to protect our Nation’s security. mation with a warrant. It is a little lieves this was wrong, as I do. That is It creates a new emergency authority more work. It has to be more specific. not just our opinion; national security to allow the government to obtain But I am also a believer in that be- experts, legal experts, the American business records, including call detail cause we have generalized what we are public, and even several courts have records, without advance court author- looking for and it is indiscriminate, said that the bulk collection of data is ization if an emergency requires those that maybe we are missing people be- not only unconstitutional but also un- records. It also adds a short-term emer- cause we are overwhelmed with data. necessary to our national security. And gency authority for continued We are overwhelmed with things at the my friend from Kentucky has con- transnational surveillance of foreign airports. I would much prefer that we firmed that the President’s review terrorists or spies who come into the have less indiscriminate searches at group has said that bulk data collec- United States before emergency au- the airports and be more specific in tion is not essential to preventing at- thorization can be obtained from the looking at the manifests of who is fly- tacks and that the program has not Attorney General. It permits ongoing ing and trying to find out who are the made a difference in a single instance. FISA surveillance of an agent of a for- risks. The bill the Senate will soon be con- eign power who temporarily leaves the So I do think that, without question, sidering—the USA FREEDOM Act of United States. It clarifies that individ- this is not a constitutional program. It 2015—will ensure that we restore im- uals can be subject to FISA surveil- is not even legal under the PATRIOT portant privacy protections for Ameri- lance if they are knowingly aiding, Act. The courts have said it isn’t, and cans. abetting, or conspiring with respect to we should do everything we can to stop The United States will always face the proliferation of WMD on behalf of a it. security threats—I think we all know foreign power. I appreciate the support of the Sen- that—and we will for generations to Finally, the bill increases the statu- ator from Montana. come. That is just a reality. On that tory maximum penalty for material One of the things about this issue is horrible day of September 11, 2001, we support of terrorism from 15 to 20 that it really is a bipartisan issue. It is as a country were reminded of this fact years. an issue where there are people who and realized we must meet those I know the Senator from Kentucky feel strongly on both sides of the aisle. threats with strong law enforcement does not think it goes far enough in The Senator from Oregon was here ear- and strong intelligence. However, we protecting our privacy rights, but per- lier and the Senator from New Mexico, must also balance that necessity with haps my good friend can remind us and I now see the Senator from West our constitutional rights. again of what provisions he would like Virginia, who is also a loud and con- The NSA bulk data collection pro- to see changed or strengthened in the sistent voice on this. gram clearly did not strike that bal- bill to satisfy his interests and the in- Does the Senator from West Virginia ance, and the District Court of DC and terests of Senator WYDEN and other have a question? the Court of Appeals of the Second Cir- people.

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.096 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3143 I yield the floor back to the Senator the USA FREEDOM Act of 2015, that easy to get. This is the point I don’t from Kentucky to hear basically his basically we would have to dem- get about why we have to have war- concerns and how we can have some onstrate to the FISA Court reasonable, rants with a lower constitutional protections, and do we have any rights articulate suspicion that its search standard, because I think the FISA whatsoever to gather information when term is associated with a foreign ter- warrants are almost never turned it is proven? I have heard the Senator rorist organization. They can’t even go down, but neither are criminal war- from Kentucky say that if he thought into those records until that is shown. rants. If you are a policeman standing we could prove it, there was a different That is the way I understood it. I am in front of a house, you almost never concern we had and we could get the not sure if there is something I am get a no. But if you are a policeman FISA Court involved and basically missing. saying, I want to search all my neigh- move forward from there. Mr. PAUL. I guess the question I bors’ houses, then the judge is going to I thought this bill moved us in a posi- have is that we have some of those re- say no, and that is a good thing. So I tive direction—the new bill before the strictions now, but they seem to think think traditional warrants—I think Senate that we are about to consider. I that those restrictions don’t apply— people have somehow just convinced would appreciate it if the Senator from the people interpreting what we have themselves that we can’t catch terror- Kentucky could explain to me his con- now are interpreting 215 to mean we ists with traditional warrants, but I cerns about that and what we need to can collect all of the American records think you can go through a lot of data do. in bulk. with traditional warrants, too. Mr. PAUL. Let me make sure I have If there were a circumstance where I Mr. MANCHIN. Your sincere belief is the question correct. The Senator’s was necessary to pass USA FREEDOM that if this sunsets, this bulk collec- question is on my concerns on the USA and if it were that close, if people were tion in the way the PATRIOT Act has FREEDOM Act? willing to look at the bill and say we been enforced before—if it sunsets and Mr. MANCHIN. USA FREEDOM 2015. would make a person, an individual— it goes away, which we agree that we Mr. PAUL. I want to like it because see, the big thing for me is that the are trying to replace that before the it ends bulk collection, and I am all for warrant should be individualized. And I sunset—you believe the system we ending bulk collection. So we all am worried that if we use the word have had in place before the PATRIOT agree—the people for it agree with the ‘‘person’’ and if it can be replaced with Act of 2001 gives us still the ability to problem; it is a question of the solu- the word ‘‘Verizon’’ and we still collect keep the homeland safe, using the tion. all the records, I would feel dis- court system, as you say, following the It says there have to be specific se- appointed if we thought we got rid of rabbit down the hole using the court lector terms on U.S. persons. Part of bulk collection and a year or 2 from system? Because we know we have my problem is that ‘‘persons’’ is still now, when they finally admit it, they rapid fire coming at us from different defined as corporations. My concern is admit: Oh, we are still doing the very directions and people trying to come that you could put the word ‘‘Verizon’’ same thing. We are doing Verizon. We into this country and do harm. Social in there, and the government wouldn’t are getting all of Verizon’s records. We media has blown up even since 2001, so be collecting the records, but you still are just making them process it, and we are much more vulnerable from could get all records from Verizon. we are paying them for it. that standpoint. Does the Senator see what I mean? That is what I fear. I want to make What I am hearing you say also is That is one of my concerns with the sure that doesn’t happen. that you are not really objectionable if way it has been written. Mr. MANCHIN. I guess we are caught you can find the right language—if you My other general concern is that we in that Citizens United decision, it thought you could get protection of would still be having bulk collection. sounds like. that individual without the interpreta- It wouldn’t be bulk collection by the Mr. PAUL. In a different way, we are tion of the entire broadness of the cor- government, but it would still be bulk talking about whether in the intel- porations. collection but through the phone com- ligence selector numbers a person is a Mr. PAUL. I think that also and panies. corporation and whether can have a within the context of—we have six or I don’t like the liability protection single warrant. seven amendments that we would like because I think it makes it more likely I think if you want phone records to offer. I can’t guarantee that we than not that the privacy agreement from Verizon, it should say ‘‘Verizon’’ could win any of them, but there is a won’t be as respected if they cannot be and we want the records of John Doe. chance maybe we could win another re- sued for violating the privacy agree- It shouldn’t just say that we want all form. ment. the records from Verizon. That is a So for example, one of the reforms Those are a couple of concerns. I general warrant. I am still fearful that that some people think may be as im- don’t know if they are insurmountable, the USA FREEDOM Act might not portant as all the bulk collection is the but those are a couple of concerns. limit that. ability of the government to tell an Mr. MANCHIN. I think we both agree Mr. MANCHIN. If the FREEDOM Act Internet provider that they have to and most of the people in this body goes away and the way they are doing create a backdoor to their product for agree that the bulk collection is wrong. bulk collection, which we agree should the government to go through—and It has been proven to be illegal, it be done away with—and we don’t come some of the backdoor stuff through 702. shouldn’t have been done, and it should to some agreement—are you concerned We think there are some other things be stopped. I think we all agree on that we might be in more jeopardy by that may well be as big as this. I also that. not having something in place where think there is the ability of the govern- I think we still face considerable we are able to get the necessary intel- ment to not only use traditional war- threats from around the world on a ligence we need? rants. They have some they are using daily basis, if not even greater than Mr. PAUL. I guess that is also where under Executive order, as well, and we that. We are looking to try to find a I probably differ. I think we are just as still have a host of other types of war- balance, and I think the Senator from safe or safer with nothing, because the rants and subpoenas being used. But I Kentucky is valuable in helping us find Constitution allows the searching of would never be for this in a heartbeat that balance. That is what we are look- records. And I am all for it, but I would if I thought it was going to put the ing for. I know our colleague, Senator do it through warrants. country in danger. I think we will be LEE from Utah, has made a gallant ef- The point is that in metadata, one safer because of it and so will our lib- fort in trying to find that balance and can do a hop or two with these less- erty. making sure that we don’t overstep. than-constitutional warrants or what- Mr. MANCHIN. It is a good point in The private companies are collecting. ever. But with a real warrant, we can the bill that we will be considering, the They already have that information go 100 hops into the data. I really 2015 FREEDOM Act. It expands the op- anyway. It is not just sweeping from would chase the rabbit down the hole. portunity for the appellate review of NSA, as they had been doing. Basi- I would look very hard with suspicion, the FISA Court decisions, which I cally, I am understanding by this bill, and I think warrants are generally think the Senator has had a problem

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.097 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3144 CONGRESSIONAL RECORD — SENATE May 20, 2015 with, too, because it has been handed Mr. MANCHIN. It sounds like we are collected in bulk, potentially encom- out, uncontested. Is that correct? not that far apart. I think we are all passing all telephone calling records Mr. PAUL. Say that again, please. going down the same path, trying to across the Nation. They cannot be re- Mr. MANCHIN. The bill that we will keep the homeland as secure as pos- garded as relevant to any investigation be considering is expanding the oppor- sible while protecting the rights of all without redefining the word ‘‘relevant’’ tunity for the appellate review of the Americans. I appreciate that. I hope in a manner that is circular. Relevant FISA Court decisions. I think and I can that we do. These are important issues. sort of means that there is some sort of understand that you are saying they It is a dangerous world that we live in. criteria that means that there is some can get a FISA order no matter what. It is a threatened world that our chil- pertinence, that there is something Mr. PAUL. I am not sure I under- dren are being raised in. We want to do about the records or something about stand the question, but I do believe as everything we can to protect them, and the investigation. to the court case right now, the way it I know you do, too. For example, if there is someone in stands—if the USA FREEDOM Act had With that, I think we all came to an the northwest section of Washington, passed last year, I think there was a agreement that what was done before DC, and we saw something happen chance that it might have made the was wrong. So we all come unani- there. We are saying we want to look court case moot because it would have mously to that agreement, and finding at the records there. Even though it said that Congress has already acted a pathway forward is what we are might be bulk collection, it would be at and Congress now has given an author- working on now. So I appreciate your least relevant to some sort of inves- ity for a variation of this and Congress sincerity and your intent to try and tigation. There would be some perti- already fixed the problem. So there is a reach out and find that. I hope you can nent factor. But they are just col- part of me that would like to see the find that comfort level so we can move lecting everybody’s records. It is com- appellate court case go up to the Su- forward and still have a protected pletely without any relevancy. And I preme Court. It has been remanded to a country. love the way they put it—that this lower court so I don’t know if it is ever Thank you. would not be relevant unless we rede- getting there. But we ultimately have Mr. PAUL. I thank the Senator from fine the word relevant in a manner some questions in our country that West Virginia. I think he has made that is circular, unlimited in scope, won’t be decided until we have a Su- some really good points. I think a lot and out of step with case law from preme Court case. of us have come to the agreement that analogous legal context involving pro- One of those questions is, Do papers there is a problem with bulk collection. duction of records. have to be physical and in your house? I don’t think we have everybody, but I The third reason why the privacy What if they are digital and lodged think we have a significant number. board said that this program is not somewhere else? Do you have any right The court agrees with us. So I think we legal is that it operates by putting of privacy, any Fourth Amendment are getting closer. telephone companies under an obliga- protection at all for records that are One of the groups that we have tion to furnish new calling records on a held somewhere else? The current legal talked about in looking at where we daily basis as they are generated, in- opinion doesn’t really give any protec- are, whether this is a constitutional or stead of turning over records they al- tion to third-party records. I think legal program—is it is pretty intrigu- ready have in their possession. This is that needs to be fixed, because tech- ing to look at the report that comes an approach lacking foundation in the nology has made it such that our from the Privacy and Civil Liberties statute and one that is inconsistent records are no longer going to be real Oversight Board. This is a bipartisan with FISA as a whole. records that you can hold in your hand. board. It is a board that was put in The final reason they say that this I think almost all of our records will be place, and I think the appointees are program is illegal—this is the Presi- virtual and held in space somewhere, bipartisan appointees. dent’s own privacy commission—is and I think you still have to have a When they met, they came to the that the statute permits only the FBI personal privacy protection in those. to obtain items for use in the inves- Mr. MANCHIN. So the bill that we conclusion, though, that the bulk col- lection of records is not warranted and tigation. It does not authorize the NSA have proposed before us, it is going to to do anything. So section 215 of the require declassification of FISA Court not given sanction by the PATRIOT Act. They had four different reasons PATRIOT Act is what they are saying opinions containing significant legal they are using as justification. It al- interpretation, which is a positive why they say that the telephone lows the FBI to collect records. It thing. records program—the bulk collection doesn’t allow the NSA at all. So they Mr. PAUL. There is a lot that I like of our records—does not comply even in the bill. It is just a matter of wheth- with the PATRIOT Act. The first rea- are using a statute that was intended er or not I can be convinced that it son they say is that there is no connec- for the FBI to say the NSA can do this. doesn’t allow bulk collection under an- tion to any specific FBI investigation So I think the reasons are pretty other name. I am still worried about at the time of the collection. So, basi- clear—four specific reasons why the that. But I am open to it. cally, when they collect your phone PATRIOT Act does not justify the col- Some of these things—this is a very records, they are not even alleging that lection of these records. important bill. I mean, we could have a they are related to any investigation. The next thing the policy committee week of discussion on this bill, and But that is what the statute says. They looked at was they looked at and they amendments and a process. The only are supposed to be relevant to an inves- tried to decide whether there has been reason we are getting a little bit of this tigation, but there is no evidence and any practical effect. I know Senator is because I am kind of forcing the nothing is even presented that there is LEAHY was a part of this, looking at issue, but I would like to see the any investigation even going on. The whether any of these things actually amendments voted on. All the other investigation actually starts after they did catch terrorists. But this is what stuff we are doing around here is im- have collected all of your records. they concluded, and they actually portant but has no deadline. We could So how can section 215 say that you looked at the classified data. So the have done it next week or 2 weeks from can collect these records because they Privacy and Civil Liberties Oversight now—all the stuff we are doing right are relevant to an investigation that Board looked at the data, looked at the now. has not yet even begun? They use this classified data, and this is their conclu- But anyway, that is what I am going big data case later on when they say sion: to be asking for—the ability to present there is going to be an investigation. However, we conclude that the Section 215 five or six amendments, vote on them, So I think their No. 1 reason is pretty program, the bulk collection, has shown and then we will see. And I am more strong. There can’t be a connection or minimal value in safeguarding the nation than willing to talk with the authors from terrorism. . . . we have not identified a relevancy because there really is no in- single instance involving a threat to the of the USA FREEDOM Act to see if vestigation when they collect your United States in which the [bulk collection] there is a way, but it is going to have records. program made a concrete difference in the to involve some give and take to figure The second reason of the privacy outcome of a counterterrorism investiga- it out. commission was that the records are tion.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.098 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3145 Those are pretty strong words. The are just collecting this data at a lower buddies, who are all your friends, who Policy and Civil Liberties Oversight standard, but if you are not a terrorist are all your Facebook friends. Board commissioned by the President, you do not have to worry. But here is Realize the potential danger of hav- which is bipartisan, looked at the clas- the problem. They are collecting this ing so much information, so much of a sified data and said it didn’t find a sin- data with the lower standard, a less- dossier on every American citizen, even gle incident—not one incident—in than-constitutional standard, but then if they are not using it. But when you which it made a concrete difference in they are also prosecuting you for do- think that, well, this is fine because we the outcome of a counterterrorism in- mestic crime. are not doing it and good people are vestigation. Section 215 of the PATRIOT Act is running these agencies, realize that the Moreover, we are aware of no instance in being used 99.5 percent of the time for head of the Agency lied to us about which the program directly contributed to domestic crime. We are putting drug this program at all. He said it did not the discovery of a previously unknown ter- dealers in jail. That is another ques- exist. So when you get to be trusting rorist. . . . tion and another story. But then we these people to protect your individual What does this mean? We are not should vote on it as a country. OK. For information, realize that the most—at pushing a button and generating ter- drug dealers, we are not going to have the very top of the intelligence com- rorists out of this. The terrorists are the Constitution anymore, we are munity, the most famous person in our coming from real information. You going to have the PATRIOT Act for country dealing with intelligence lied have to realize that this misinforma- drug dealers. Let’s be honest about it. to a congressional committee and said tion and this wrong-headed informa- The war on drugs has had a disparate that this program did not even exist. tion has been used forever—for 15 impact, a disproportionate impact on The report goes on to say that the in- years—to justify the fact that we people of color. So you have to admit ability to expect privacy, vis-a-vis the should give up on the Fourth Amend- to all the young Black men and all the government and one’s telephone com- ment and we should give up on protec- young Brown men you put in prison munications, means that people en- tions. that we are no longer using the Con- gaged in wholly lawful activities, but Over and over people say that if we who for reasons justifiably do not wish only had the PATRIOT Act, we stitution to stick you in prison, we are the government to know about their wouldn’t have had 9/11. The two terror- using the PATRIOT Act to put you in communications, must either forgo ists they claim we would have gotten prison. We need to be honest with people. If such activities, reduce their frequency were in San Diego. We already knew the PATRIOT Act is about terrorism, or take costly measures to hide them about them. An informant lived with they should adopt my amendment that from the government surveillance. them for a year. The FBI wasn’t talk- The telephone records program thus ing to the CIA, they weren’t looking at says you cannot be put in jail for a do- hinders the ability of advocacy organi- lists, and they didn’t know they would mestic crime under the PATRIOT Act. zations to communicate confidentially come back. The CIA didn’t know. It Why? Because the PATRIOT Act has with members, donors, legislators, had nothing to do with having bulk dumbed down and loosened the stand- whistleblowers, members of the public. collection of our records. We knew ards. We do not have probable cause, Initially, in the 1970s when we set up about these people. It was crummy we have relevance. Realize that rel- the surveillance court, the security work. It was people not doing their job. evance, as they say in the Commission, I repeat: No one was ever fired. We has become completely circular and de- court, the FISA Court, they were done gave rewards. We gave medals of honor void of meaning, if you are saying that with individualized warrants. They got to everybody in the intelligence com- all the records in the country are information through individualized munity and no one was ever fired. somehow relevant to an investigation warrants. There were some true heroes—the FBI that has not yet begun. Beginning in 2004, though, the role of agent in Arizona and the FBI agent in They make a great point here about the security court changed when the Minnesota who actually discovered po- the fact that not only does this stifle government approached the court with tential hijackers. The 20th hijacker or invade your privacy, it may well sti- its first request to approve a program was captured before 9/11. The 20th hi- fle your speech and your association. If involving what is now referred to as jacker was captured a month before 9/ you are going to be associating with bulk collection. For the first several 11. That is the person who should have minority causes, unpopular causes, years, we did bulk collection—they just gotten the Medal of Honor. The person whether you are a kid from the North did it. They just said it was under the who would not listen to him should who went down to be in favor of civil inherent authorities of the President. have been fired. I have no under- rights, whether you are someone who This should scare us because there are standing or awareness that anybody belongs to the NAACP or the ACLU, people who believe that the inherent was ever fired over 9/11. they say: Yet, even though there is no authorities of the President are unlim- The Policy and Civil Liberties Board evidence of abuse— ited. That would not be a President. goes on to say that our review suggests And this is the big argument. Every- There would be another name for that. that section 215 of the PATRIOT Act, one says: Well, there has never been But if there are no limits to what the the bulk collection of records, offers any abuse, so it is fine to keep doing President can do, there is another little unique value. They explore a lit- this. name for it and it is not President. The tle bit of whether there is a privacy Yet, while the danger of abuse may seem Commission goes on to say that the problem with collecting all of these remote, given historical abuse of personal in- judge’s decision—their decisionmaking records and what are the implications formation by the government during the 20th would be clearly enhanced if they could of collecting all of these records. The century, the risk is more than theoretical. hear opposing views. So the privacy government’s collection of a person’s I could not agree more. Moreover, the commission advocates exactly what I entire telephone call history has a sig- bulk collection of telephone records am advocating for, that you should nificant and detrimental effect on an can be expected to have a chilling ef- have a lawyer in there with you and individual’s privacy. fect on the free exercise of speech and that there should be an adversarial Beyond such individual privacy in- association because individuals and type of procedure. trusions, permitting the government to groups engaged in sensitive or con- Because the thing is, is that it is like routinely collect calling records of the troversial work have less reason to any other dispute. If you have ever entire Nation fundamentally shifts the trust in the confidentiality of their re- heard two people arguing, figuring out balance of power between the State and lationships as revealed by their calling the truth is listening to both sides and its citizens. With its power of compul- patterns. trying to gather what the truth is. So sion and criminal prosecution, the gov- Realize that they are taking your I think that we get to the truth a lot ernment possesses unique threats to phone records, your calling lists, your more if we had someone asking ques- privacy when it collects data on its buddy lists, your ISP address, your tions. Realize also that section 215 of own citizens. email. They are integrating this into the PATRIOT Act says that the infor- Compound this with the fact that the some network where they can pull your mation has to be relevant to an inves- government—you could say: Well, they name up and find out who are all your tigation.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.099 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3146 CONGRESSIONAL RECORD — SENATE May 20, 2015 Without having someone in there to sides of the aisle on the critical under- we have clarity about time. We were argue your case, the court appears to lying issues about how we balance pri- told 4 years ago, when the reauthoriza- have not really had a great deal of dis- vacy and liberty, security and our civil tion fight was happening, that time cussion or, to my mind, thought about liberties. had run out and that we needed to re- whether bulk collection is somehow For nearly a decade, our government authorize it, without considering need- relevant. You might argue that if there has operated a program that collects ed reforms that were discussed and de- were opposing sides, as in a traditional massive amounts of information from bated in the Judiciary Committee. court, that maybe someone would innocent Americans without any spe- Two years ago, some of the core ele- stand up and say to the judge: How can cific suspicion they have done anything ments of this were exposed to the this be relevant? What investigation is wrong. Let me put that another way. world. A lot of my constituents raised it relevant to? For years, any American’s communica- legitimate and serious concerns about See, I think the FISA Court became tion data could have been tracked and it. Whether we are being asked to ex- such a rubberstamp that you were not collected by the government, whether tend it for 2 week or 2 days or 2 hours, even having these questions asked be- or not they were suspected of a crime. I think time has run out for us to even That program has been carried out cause how could you ask that question. discuss reauthorizing a program that under Section 215 of the PATRIOT Act If you are an advocate for someone who has explicitly been held illegal. We in- based on flimsy or mistaken interpre- does not want to give up their informa- stead need to come together and take tations of the original law, all in the tion, how could you ask the question up and pass the USA FREEDOM Act. whether it is relevant to an investiga- name of our national security. Yet the tion, and then the government would bulk collection program has had dis- Would my colleague from Kentucky say: Well, we are going to do it. It will puted and not arguably clear benefit to confirm that is the situation on the be relevant when we do an investiga- our national security. There is not one floor at the moment and on behalf of tion. clear publicly confirmed instance of a which he was speaking? No court, you would think, would un- plot being foiled because of this section Mr. PAUL. I think what is still un- derstand or accept that, if it were an 215 program. I have long been con- clear to me is what will be taken up adversarial procedure where you have a cerned about the scope and the reach of and what votes there will be on this. I lawyer on both sides. I don’t think you our intelligence community’s bulk col- believe that the debate is a very impor- can truly have justice—I think you can lection program. tant one, that it is one we should en- have a court that meets in secret. I That is why in 2011 I voted, along gage in and have a significant time to think courts can protect individual with my colleague from Kentucky, talk about, and there should be amend- names and I want them to. I thought against the straight reauthorization of ments. As you know, sometimes the Senator WYDEN made a great point the PATRIOT Act. I believed then, as I amendments get offered and then when he was out here. believe now, it would be irresponsible things sort of fall away. for Congress to continue reauthorizing Intelligence activities, at their core, I want to ensure that on something the law without taking steps to address we have to protect the names of this important that comes up only concerns about unlawful surveillance it operatives. You do not want the code once every 3 years and on which the has allowed, particularly given the fact out there, like if we have a great code court just below the Supreme Court that earlier this month a U.S. Federal and we are stealing information from has said we are doing something ille- circuit court specifically deemed this our enemies and we are eavesdropping gal, that we don’t just gloss over and program illegal. on our enemies, we do not want the say we are going to keep on doing code out there that shows how smart Fortunately, we have an alternative, which I believe the Senator from Ken- something the courts have said is ille- we are and how our technology works. gal. But if we are going to do something tucky has been expounding on behalf like collect the records of all Ameri- of, the USA FREEDOM Act, a bipar- As far as the end result of where it cans, that is a constitutional question. tisan bill passed by the House just last goes, I want to end bulk collection. So You can have opinions on both sides week by an overwhelming margin—I I agree with all of the people on the of it. I do not think there is much of a think it was 338 to 88. It would end USA FREEDOM side. I am a little con- valid constitutional reason for believ- bulk collection by only allowing the cerned that we might be transferring ing in this. But you can have an opin- Federal Government to seek call government bulk collection to pri- ion. In a democratic Republic, we could records retained by the telecommuni- vately held bulk collection. argue these points back and forth. But cations industry once it has estab- In the selector terms they use in the you really would have to have the abil- lished a record is relevant to an ongo- USA FREEDOM Act, it says ‘‘person.’’ ity to have a discussion over those ing investigation. It says ‘‘specific person.’’ I think it de- things. Because I think without that, I Records would no longer be stored by fines ‘‘person,’’ though, as still includ- do not think we can actually get to the government but would remain in ing corporations. My concern is that justice. the hands of telecommunications com- you could write into specific person Mr. COONS addressed the Chair. panies, which under FCC rules, in order ‘‘Verizon’’ again, and we are back The PRESIDING OFFICER. Does the to ensure that there is customer access where we started. Senator from Kentucky yield for a to records in the case of a dispute, they So if we could get to a point of, No. question? are retained for 18 months. This bill 1, allowing some amendments to be Mr. PAUL. Mr. President, I would strikes an important balance by pro- voted on and maybe changing it such yield for a question but not yield the tecting American’s privacy and ensur- that you can’t have—see, to me, the floor. ing our government can still keep our biggest issue here is a general versus a Mr. COONS. Mr. President, I am won- Nation safe. dering whether the Senator from Ken- In fact, there are some who might specific warrant. I don’t want warrants tucky would be good enough to confirm argue that the USA FREEDOM Act that you can get everybody’s records for me where I think the issue is that would allow a stronger and more ro- all at once or even one company’s. I is before the Senate today. So if I bust and more effective series of ac- want the warrant to say—and I am fine might, I will speak for a few minutes tions to keep our Nation safe. I urge with getting terrorists. I want to get about what I think is the core issue be- my colleagues to support it. I know terrorists. If John Doe is a potential fore us on the floor and then ask the these are difficult decisions for us to terrorist, put his name on it. You can Senator whether he would confirm that make. I know we all have concerns go as deep as you want into the phone this is his understanding as well. about our Nation’s security, but we records, but do specific warrants. But I At the outset, I will say it is rel- have to all have concerns about our don’t like it if you just say: I want atively rare for my colleague from Nation’s freedom. everybody’s records from a phone com- Kentucky and I to come to the floor in We fought for it from the very begin- pany. agreement on an issue, but it has hap- ning of our country. I want to just So I am concerned that we are trad- pened before on exactly this issue. I thank and salute Members here, col- ing one bulk collection for another think it is important that it be clear to leagues, and in particular my colleague form, and I need to be a little more as- folks that there are concerns on both from Kentucky for being insistent that sured on that. I think there might be

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.101 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3147 room for it if people were open to dis- too important of an issue not to. We I wrote something about ‘‘1984’’ a cussion on how we could figure out a have to put some sideboards on our na- couple of years ago, and I said when I way to get something through because tional intelligence agencies so that read it the first time—and a new big it is going to difficult, as you know, to they can keep us safe without violating brother, you know, was the danger of get to 60. It is going to be hard either our constitutional rights. We need a all these things. I thought, Oh, this is way. The other side wants the bulk col- real debate on this issue. terrible. But I felt comforted. I read it lection, and if people want the bulk Last week, the majority leader made probably in 1978. collection, they want more of it. And a decision to deprive the Senate and We didn’t have the technology to then there are at least half of us who the public of debate by taking up a eavesdrop on everyone. We didn’t have think it is the wrong thing to do. trade bill which we could have passed the technology to know everyone’s I don’t know the outcome, but I was in June. No doubt about it, we are ap- whereabouts. We didn’t have the tech- uncertain enough that I came today to proaching the Memorial Day recess. nology to have cameras in every house. come to try to draw attention to it. Some folks are anxious to go home, but In the book, they talked about look- And if I had a request today, it would we have work to do. I will continue to ing at people back and forth through be the leadership to let amendments to work with my colleagues to ensure two-way televisions and monitoring. go forward, that we agree on having a that we make real reforms to the PA- Everybody, as you know, had to be pretty free amendment process. TRIOT Act. If the people in this body careful where books were placed. You This is only every 3 years, and it is a don’t know that this is important, they had to read in secret basically. But be- big deal. We don’t have much legisla- don’t know the Constitution. cause the technology didn’t exist when tion come before us where an activity I thank everybody who spoke on the I read ‘‘1984,’’ I really wasn’t as con- has been said to be illegal by an appel- floor today. We need to have a debate. cerned about it. But the thing is that late court, we continue to do it, and We need to have a debate on what the you don’t lose your freedom in one fell then people want to advocate to con- PATRIOT Act is about, how it is being swoop; you lose it a little bit at a time. tinue to do something that is illegal. utilized, and how we need to move for- People say: Well, the people doing But I am going to try to see what I can ward. An extension is not acceptable. this are good people. get. I am hoping to get an answer— I yield the floor back to the Senator It is like the President said. When maybe today—from leadership on from Kentucky and thank him for the the President signed legislation a few work he has done on this issue. whether they will allow amendments years ago that said that an American Mr. PAUL. I thank the Senator from to this. I want to be pretty certain that citizen can be detained without a trial, Montana, and I think that is further he said: But I am a good man, and I is going to happen because they seem evidence that there is bipartisan sup- to fall away sometimes. won’t use this power. port for the Constitution. It is sort of a fundamental misunder- Mr. TESTER addressed the Chair. The PATRIOT Act went too far. We standing of law and the rule of law that The PRESIDING OFFICER. Does the have heard from both Senators from you think that the goodness of yourself Senator from Kentucky yield for a Montana, from opposite parties, who or the goodness of the individuals question? both wanted to defend the individual, around you somehow is the protection Mr. PAUL. I want to continue to wanted to defend the Bill of Rights, of the law. The law is really to protect keep the floor. I yield for a question and think that we have let the govern- you against bad people. The law is to without losing the floor. ment go too far. I think the American protect you when bad people get in of- Mr. TESTER. Mr. President, first, I people agree with this as well. thank the Senator from Kentucky for I think without question—this is one fice. The law—and those who believe in what he is doing. I think this is very of those things that are kind of per- the rule of law—is based on the fact important, and I stand here today with plexing, if you think about it. If you that there is an understanding that in my colleagues on both sides of the aisle ask most Americans, if you do a poll or the time of history, people were demo- to protect Americans’ privacy rights. a survey or ask most Americans cratically elected who were bad people I am very much concerned by the ‘‘Should the government be allowed to and that people, once given power, be- overreach we have seen in the name of look at your phone records without come addicted to it and they want national security, and I oppose efforts any suspicion that you have committed more of it. to reauthorize any piece of it without a crime?’’ I think there are a very low Lincoln once wrote that any man can real reforms. number who think that. But then when stand adversity, but if you want to Folks in Montana know I have been you get to Washington, it is almost the truly challenge a man, give him power. an opponent of the PATRIOT Act since opposite. You have people in Wash- That is what we are talking about. We it was signed into law. Why? Because ington who have, I think, viewpoints are talking about unlimited power. We the PATRIOT Act violates law-abiding that are really out of step with what are not even talking about power that citizens’ rights to privacy—something the American people want. is constrained by law at all. we hold dear in this country. We do I think the American people really The whole idea that the PATRIOT need to make this country as secure as have decided that the bulk collection Act has anything to do with the bulk we possibly can, but we cannot do that of records is wrong, that it is unconsti- collection is a farce. The President’s at the expense of our constitutional tutional. The second highest court in privacy commission has really put this rights. the land has said it is illegal. Yet, you in bold for us, that really there is noth- It has been talked about here earlier still have a significant body of people ing about the PATRIOT Act that has today that a Federal court recently in this country saying: Not only keep any resemblance to what we are doing ruled that the NSA bulk data collec- doing it, let’s do more of it. with bulk collection. So that is not tions are illegal, flat illegal. But keep The problem is that if we are going only the rule of law, that is people in mind that the NSA used the PA- to allow records to be collected with- within government, within the execu- TRIOT Act to authorize those data col- out individualized suspicion, what we tive branch, who have made the deci- lections. Yet, in the Senate, some of are doing is allowing something, when sion that they are going to do whatever our colleagues think we should reau- we talk about bulk collection, that has they want. thorize those expiring provisions with- no sort of determinants for what sus- One of the things that worries me out even having a debate on the merits. picion is. You can imagine what the about this debate—and I think it is We have seen this before. It has hap- danger of that is if you apply that to good that we are having the debate— pened several times since I have been everything. there is apparently a section of the PA- in the Senate. Also, in an age where we have com- TRIOT Act as we passed it the last Trying to jam an extension of the puters that can analyze and hold so time that says that if the PATRIOT PATRIOT Act through the Senate at much information—they are building Act is not extended, all things pre- the last minute is not fair to this body, them bigger and bigger and gathering viously being investigated before will and it is not fair at all to the American more and more and processing this in- continue. So we really kind of have a people. We deserve a real debate on pri- formation—there is great danger that perpetual PATRIOT Act, if you will. vacy and security in the Senate. It is could come from this. That worries me a little bit, but then it

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As they said in the privacy records without a warrant, and why do I think that is an important ques- commission, we are collecting the they still want to do this when the peo- tion. Are we innocent until proven records before there is any investiga- ple who have investigated it have de- guilty? Are we really going to allow tion. So there is no relevancy to an in- termined that no one has been cap- the government to take possession of vestigation. The investigation hasn’t tured by this program, no one has been your things, to take possession of your started yet, unless the investigation uniquely identified by this program? things without a conviction? I would could be defined as everything. So there really is a consideration of think the presumption of innocence is I like the way they put it. They said whether we are going to listen to the an incredibly important doctrine that we would have to destroy the definition American people. Are we going to wake we shouldn’t so casually dismiss. of ‘‘relevancy’’ to believe that there is up? Are we a representative body? This is a poll that was commissioned any component of relevancy to these This question is, Are we going to by the ACLU on Monday, and they investigations. allow a debate on something that only asked a sample of 300 likely voters be- But we are collecting records of comes around every 3 years or are we tween the ages of 18 and 39 a few ques- every American all of the time right going to say ‘‘My goodness, it is the tions. now. It may not be just phone records; weekend, it is Memorial Day weekend, It says: Which of the following state- they say the biggest source of collec- and we are up against a deadline, and ments about reauthorizing the PA- tion now is probably actually through we just don’t have time to listen to TRIOT Act do you agree with more? Some people say Congress should section 702 of FISA, the FISA amend- this. We don’t have time to talk about modify the PATRIOT Act to limit gov- ments. We are not exactly clear who the Bill of Rights because we just don’t ernment surveillance and protect gets scooped up in that. have time. I know it has been 3 years Americans’ privacy. Sixty percent Once again, if these are the records of that we have known this date was com- foreigners, if these are the records of agreed. ing up, but we don’t have time’’? Other people say Congress should people bent upon attacking us, I am all I think at the very least we could preserve the PATRIOT Act and make for getting that. But the way they are make time, and that is my request collected—and by some allegations, in- no changes because it has been effec- today. My request of the leadership on tive in keeping America safe from ter- tentionally so—we are sometimes tar- both sides of the aisle is: Can we not geting a foreigner, so we don’t have to rorists and other threats to national make time? There are at least 10 or 15 security, like ISIS or Al Qaeda. That use a standard at all in order to get in- of us who will cosponsor about 5 or 6 formation on an American. was 34 percent. amendments that we want votes on. So let’s say they want information Those are the overall numbers. If you Frankly, I think with the mood of the on you. I am not sure why, because look at it by all parties—Democrats, some of this is being used for drug country, we have a chance on a few of Independents, and GOP—it is 58 per- crimes and domestic crimes. So let’s these. cent or greater. In fact, Democrats and I would like to see how a vote would say they want information on you and Republicans are pretty equal, which is turn out on the idea, for example, that they don’t want to get a warrant or a interesting, with 59 percent of Demo- we are using a less-than-constitutional judge says no. In fact, that sometimes crats and 58 percent of Republicans happens, that the FISA Court judge standard to gather information that we thinking we have gone too far in the says no and then they use one of these say is for terrorism, but then we put PATRIOT Act and that Americans’ pri- other end-around ways that don’t even people in jail domestically for crimes vacy is being disturbed by the PA- require a FISA Court judge. that are completely and entirely unre- TRIOT Act. The level of lawlessness is appalling. lated to terrorism; that whether or not If you look at Independents, it is 75 The level of lawlessness is astounding. we can use information gathered in a percent among men who are Inde- It disappoints me that the President, nonconstitutional or a less-than-con- pendent and 65 percent among women who was once considered by some to be stitutional way is going to be used for who are Independent. somewhat of a civil libertarian, does domestic crime. The survey asked people: Do you find nothing. When the President ran for of- If you believe that, it means we are it concerning the U.S. Government is fice, the President said that national carving out in our domestic laws an collecting and storing your personal in- security letters ought to be signed by area where the Constitution doesn’t en- formation, like your phone records, judges. He was in the exact same place tirely apply. Section 213 allows the en- emails, bank statements, and other where I am on civil liberties with re- tering of the house in a nonconstitu- communications? Eighty-two percent gard to these warrants, the national se- tional way—a way that, if it were done are concerned the government is stor- curity letters. Yet, his administration in a straight-up fashion, the courts ing this information. issues them by the hundreds of thou- would say it is illegally gathered infor- Over three-quarters of voters found sands. I don’t think they are even re- mation and wouldn’t be admissible in four different examples of government porting these anymore for us. I think court. spying personally concerning to them: they were reporting them for a few I think we ought to have a vote. Is The government accessing personal years, but we are no longer getting in- the PATRIOT Act our less-than-con- communications, information or formation. stitutional means of gathering infor- records without a judge’s permission— But it disappoints me that the Presi- mation to be used in domestic court? 83 percent—using that information for dent is not really willing to do any- Here is the other question, if they things other than stopping terrorists, thing about this. The President could will be honest with us: Are they using such as I mentioned, doing convictions end the bulk collection tomorrow. It is them in any other courts? Are there for drugs, were the most compelling ex- done by Executive order; it could be IRS investigations that begin as ter- amples for voters. undone by Executive order. rorist investigations but end up in IRS With regard to whether the govern- It is disingenuous, at the very least, court? ment accesses any of your personal that the President says: Oh, yes, we are In some ways, I think yes is the an- communications, information or going to balance liberty and security. swer. We have now the IRS basing in- records you share with a company Well, no, he is not. He is not bal- vestigations of people maybe for polit- without a judge’s permission, people ancing anything. He is just continuing ical purposes but definitely for the pur- were asked to tell them whether they to collect all of our records without a poses of whether individuals are doing were concerned with this issue. Eighty- warrant. He is continuing to do bulk or transactions in certain ways or wheth- three percent were concerned. general collection of records without a er their records are in a certain way. When asked about the government warrant. And because it is done this way, we are using information collected without a

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Because what is happening in our children, 77 percent were concerned. going to the core of whether we can ac- country—and it may well be the big- When asked if the government per- tually get the people who are attacking gest problem in the country and is part forms instant wiretaps on any phone or us. of what is going on with this bulk col- other telecommunications devices lo- When we look at the privacy report lection but really is part of a bigger cated in the United States, 76 percent we have talked a little bit about—the problem—is that power has drifted were concerned. Privacy and Civil Liberties Oversight away from Congress or has been abdi- From this ACLU study of young peo- Board, a bipartisan board that basi- cated and given up. We gave the power ple—I believe they were all ages 18 to cally said very explicitly to the Presi- to the Presidency, and we didn’t do it 39—participants were asked whether or dent that what he was doing is illegal— just in one fell swoop. It wasn’t just not these were conditions that would it does still boggle my mind the Presi- Republicans. It wasn’t just Democrats. lead you to believe that Americans dent was told by his own privacy board It was a little bit of both, and it has need more protections of their privacy: what he was doing was illegal and he been going on for probably over 100 Local police and the FBI need a war- just keeps doing it. It somewhat bog- years now. I think it accelerated in the rant issued by an independent judge for gles the mind that he was told by the era of Wilson, but over decades it has a valid reason before they search your appellate court that what he is doing is gotten bigger and bigger and bigger. home or property without your permis- illegal and yet he just keeps doing it. Under the New Deal, the executive sion; the same should be true of your It is an incredible deflection. It is in- branch grew an alarming amount, but email and phone records. And 84 per- credibly disingenuous when the Presi- more recently it continues to grow by cent agreed. dent says: Well, we are going to bal- leaps and bounds. If you ask that question in Wash- ance liberty and security, and I am just It may well be that the No. 1 issue we ington, it is about a 10 or 15 percent waiting for Congress to tell me what to face as a country is that we have had question. Most people in Washington do. Well, he didn’t wait for Congress to what some have described as a collapse don’t think your email or your phone tell him to collect the phone records. in the separation of powers. Madison records should be protected by needing In fact, we never did such a thing. talked about that each branch would a warrant. But if you ask most Ameri- Even the people intimately involved have ambition to protect their own cans the question—particularly young with passing the PATRIOT Act—those power; so we would pit ambition Americans—should your email or your who were the cosponsors and authors of phone records be protected by a war- against ambition and then each would the PATRIOT Act—have all said they rant? Most people say yes. jealously guard their power, and, as The government requires some com- never intended and don’t believe the such, power wouldn’t grow. Power panies to intentionally include secu- PATRIOT Act gives any justification would be checked. But power has rity loopholes in their services to make for bulk collection of records. So Con- grown. It has grown alarmingly so and it easier for law enforcement to access gress never authorized the bulk collec- mostly grown and gravitated to the ex- your information. These are these tion of records. ecutive branch. backdoor things where they can insert Two different Commissions the Presi- In the short time I have been here, I malware. This makes the government dent has put forward—the privacy and have seen that in many ways the least less safe by leaving us vulnerable to civil liberties as well as the review of our bureaucrats are more powerful terrorists and spies of foreign countries commission—have both told him it is probably in some ways than the great- who want to harm the United States. illegal. Yet he keeps going on. est of our legislators, and the most Eighty-one percent were concerned I have heard very little questioning powerful of our legislators are some- with this and thought we should have of the President or his people about what of less power than bureaucrats. more privacy. this. I kind of wonder why we don’t ask Almost every constituent that comes I think it is clear the American peo- more questions, why we just sort of ac- to talk to me from Kentucky and has a ple are concerned about what we are cept that a program that is said to be problem with government—as we ex- doing. What isn’t yet clear is whether illegal by the courts, a program that is plore the problem and explore the solu- the message has been transmitted to said to be illegal by two different inde- tion, we discover that Congress didn’t Washington; whether or not there is pendent commissions—why wouldn’t pass their problem. Congress didn’t enough of a majority growing in Wash- we just stop it? Why does the President write the rule that is beleaguering ington to actually do something about not have the wherewithal to stop it? It them. Congress didn’t inflict the pun- this. But I think the numbers are grow- disappoints me. ishment that is making it difficult for ing. The program was actually begun them to run their business. It was done Over 300 people in the House ac- even before the PATRIOT Act was fi- by an unelected bureaucrat. knowledged there was a problem and nalized. We did this for a couple of This has grown, and sometimes it has passed legislation. I have mixed feel- years simply by Presidential edict. grown from even when we had good in- ings on the legislation. I think, with- This is another concerning develop- tentions. We tried to do the right thing out question, I agree with those who ment in our country; that more and and it turned out wrong. Probably that voted for it that bulk collection of more of our government is run by Ex- is really the story of Washington as records is wrong and that it should end. ecutive edict or by Executive order— well. I have been a little more in the camp, thousands and thousands of Executive Take even the Clean Water Act. The though, that we should just end the orders. Clean Water Act I support. I would bulk collection of records and replace In the 1950s, we had a discussion of have voted for it from 1974. It says you it not with a new program but with the Executive orders. I think it is the only can’t discharge pollutants into a navi- Constitution. time it has gone to the Supreme Court gable stream. I agree with that. The I personally think we could survive with the Youngstown Steel case. In problem is that over about a 40-year with the Constitution. I think we could that case, the Court came down and period we have come to define dirt as a also survive and catch terrorists with said there are three different kinds of pollutant and my backyard as a navi- the Constitution. In fact, I think we Executive orders: There are Executive gable stream. So, once again, we have can get more information with the orders that are clearly in furtherance taken our eye off the prize. Constitution. I think valid warrants of legislative action, and those are per- The things we really ought to have are much more powerful. A valid war- fectly legal. There are Executive orders the government involved with—big rant allows a great deal more informa- that are debatable, whether they fur- bodies of water, bodies of water be- tion and it is also specific. ther legislative action or not. But then tween the States, rivers, lakes, oceans,

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.105 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3150 CONGRESSIONAL RECORD — SENATE May 20, 2015 air—there is a role for the government sissippi. It was what he considered to thing. This should make you concerned to be involved. But because we have be uplands. There were trees growing about having records. In Westchester— people abusing the rights of private on it, so usually trees are not really a I think that is where the Clintons live. property owners and saying, if you put typical feature of wetlands. His daugh- Anyway, they decided they would re- dirt in your backyard, we will put you ter was 43 at the time and he was 70. veal all the gun records. So in West- in jail, it has become sort of to the They were going to develop the lots chester they revealed whether you had point of craziness. But it is all execu- and sell the lots, and so he dumped a gun or didn’t have a gun and where tive branch overreach. some dirt there. The EPA got involved you lived. There was a case that went to the Su- and they convicted him using the RICO Can you imagine how that might be a preme Court a few years ago in Idaho. statutes. This is what you are supposed problem? Let’s say you are a wife who A couple lived near a lake but about a to get gangsters and drug dealers with. has been beaten by your ex-husband mile from a lake. They didn’t live on It was conspiracy. They got him for and you live in fear of him and you ei- the lake. It was on an incline, and conspiracy to violate the Clean Water ther have a gun or you don’t have a there were houses on both sides of their Act by putting clean dirt on his own gun. Either way, you don’t want your property. So they bought their prop- land where there was no water to begin ex-husband to know where you live. erty and started doing what everybody with. He was given 10 years in prison. And particularly if you don’t have a else did—back-hoeing, creating a foot- He just got out of prison about a month gun, you don’t want your ex-husband print, filling it and putting down foot- ago. He is now 80 years old. That is who beat you to know you don’t have a ers. what is happening in America. gun. The EPA showed up and said: You are So if you wonder why some of us are Think if you are a prosecutor or a destroying a wetland, and we are going worried about our records being judge. They get threatened by the peo- to fine you $37,000 a day. snatched up, we are worried that our ple they put in jail. Would you want They were kind of like: Well, I own government has run amok, that your name in the paper with your ad- thought if it were a wetland, there our own government is out of control, dress and that you have a gun or don’t would be water or standing water or it and that our own government is not have a gun? would look like the Everglades or there really paying attention to us. would be some sort of evidence that it To put a 70-year-old man in prison So you can see how privacy is kind of was wetlands. for 10 years for putting clean dirt on a big deal. Privacy can mean life and The EPA said: Yes, there is evidence. his own land—the person who did that death in that kind of situation. If any one of 300 different species of ought to go to jail. They ought to be I think we ought to be more cog- plants grows in your backyard, we can put in a stockade, publicly flogged, and nizant of what a big deal this is and define it as a wetland. If we can take made to pay penance for a decade for what a big deal the Bill of Rights is. leaves and flip the leaves over and they doing something so stupid. We shouldn’t be so flippant that we are are black on the bottom, it indicates But the thing is this is going on. like: Oh, yes, whatever. We have to be there is moisture on the leaves and you A guy named John Pozsgai was a safe. Maybe we catch a terrorist, could be a wetland. Hungarian immigrant. He came here maybe we don’t, but we have to do this This all came out of crazy executive from communism and he loved our and we just have to give up some of our overreach. We did not do any of that. country. He worked hard and he had a freedom to be secure. Congress did not do one iota of this ex- mechanic shop in Morristown, NJ. It It turns out, though, when we look at pansion. It was done some by these law wasn’t in the greatest part of town. It the objective evidence, it doesn’t ap- courts—these EPA courts—but it was was a commercial part of town. Across pear we are safer. It appears that when done a lot by executive definition of the street from him was a dump. It did they have alleged that we are safer, what a wetland is. flood on occasion, but the reason it what has happened is that it doesn’t In the early 1990s, under a Republican flooded was because the ditches were look like we have gotten any unique President, we redefined wetlands. They full of 7,000 tires. People were just intelligence from these things. commissioned a book—a 150-page book, throwing all kinds of crap there. There I think there is probably nothing 200-page book—and they just redefined were all kinds of rotted-out auto- more important than discussing the what a wetland was. By redefining mobiles. It was a junkyard, so they had Bill of Rights and talking about our what a wetland was, we doubled the thrown all this stuff out there. civil liberties. I think we need to have amount of wetlands in the country He bought the land pretty cheaply an adequate debate. It is supposed to be overnight—not by preserving land but because it was a junkyard, and he de- what the Senate was famous for. by redefining a lot of land that really cided to clean it up. He picked up 7,000 My hope is that from drawing some is not a wetland. tires. He picked up all the rusted auto- attention to this issue today we will Now, through the waters of the mobiles. And, lo and behold, when he United States, we are connecting ev- get an agreement, and that is the cleaned the drainage ditches, it no agreement we are going to ask for. We erybody to the ocean somehow and say- longer flooded. But he started putting are going to ask for an agreement from ing that every bit of land is somehow some dirt on there and the government both parties to allow amendments to connected to navigable water. said he was breaking the law and that the PATRIOT Act, and we could start I was talking to one of the Senators he was once again contaminating the any time they are ready. If somebody from Idaho a year or so ago and I liked wetlands. He was a Hungarian and he wants to send a message to the leader- what he told me. He told me: In Idaho, didn’t like to be told what to do, and I ship that if they are ready to come out we have a very precise definition of can understand the sentiment. So he and allow debate and allow amend- what a navigable stream is. You put a just kept putting dirt on there. He de- ments on the PATRIOT Act or a prom- log in of a two-inch diameter, and it cided to do it at night, and they caught ise to do this before the expiration, we has to float 100 feet in a certain period him because they spent—I don’t of time. I just loved the definition of it know—a quarter million dollars on could probably get something moving. because that sounds like a stream that cameras and surveillance to catch a I think the American people are is probably moving and there is water guy putting dirt on his own land. ready for that debate. We can look at in it. But we now say a crevice in the He was bankrupted. They put him in the statistics, particularly among side of a mountain, if when it rains jail for 3 years, they fined him 200-and- young people. It is a 70- to 80-percent water goes over, it is a stream. But as some thousand dollars. They wiped him issue, where young people are saying, a consequence, we are shutting down out so he couldn’t pay the taxes. They for goodness’ sake, we don’t want our America. broke his spirit. I met his daughter. It records scooped up and backed up by People complain about jobs, but they is just a tragic case. the government without any suspicion. are all for these regulations, and then So if you wonder why some of us are I think also young people get this they complain that they don’t have a worried about the government having more than others because they are used job. all of our records— to their records being digital, they are One gentleman decided he was going I talked earlier about what happened used to their records being on their to put dirt on his land in Southern Mis- in Westchester, and this is an appalling phone. They are very aware that their

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I crime neighborhood, they have a gun reasonable suspicion, but weaker than share my information when I buy by their bedside and they are some- what is required to secure a criminal things online, but I am sharing it times shooting the police. Mostly they conviction. Even hearsay can supply through an agreement. The people I are looking for drugs. I hate drugs probable cause if it is from a reliable share it with, the companies that then about as much as anybody. I have seen source or supported by other evi- market other things to me, have addiction to drugs, I have worked with dence.’’ agreed, through a privacy agreement, people as a physician and I know what It is kind of interesting because peo- not to share my information, not to it is like. But the thing is that barging ple are so worried about getting a war- sell my information. I am to be anony- through doors in the middle of the rant, even a warrant can be supported mous. They will market to me, but night leads to accidents in both ways: by someone making an accusation. It is they promise to keep me anonymous. Police get shot; police accidentally not perfect. In fact, there are some peo- We are comforted by the fact that we shoot the victims sometimes. ple who complain warrants are too have a privacy agreement, and that if In Modesto, I think in 2002, they easy to get. But the thing is there is no millions of people sued them, they burst into a home at 1 or 2 in the morn- evidence that it is really overly hard to couldn’t get away with revealing our ing, yelled and screamed: Everybody get a warrant. If we went back to the information. get on the ground. There was an 11- Constitution—I had this debate years What I don’t like about some of the year-old kid. He got on the ground, and ago the last time I came up for re- different things we are doing—and this the officer’s shotgun accidentally dis- newal, and I was walking along with includes the USA Freedom Act—is that charged. It was an accident, but it one of the other Senators who sup- we give liability protection. When we didn’t help the kid. He died. ported the PATRIOT Act. He acted as give liability protection, I think it is The thing is, do we really need that? though, you know what, if it expires at an invitation to say: You know what. Do we need to come in the middle of midnight, what will we do? My re- Your privacy agreement isn’t really the night looking for marijuana or any sponse was maybe we could live with that important, and if you breach it, kind of drug? Couldn’t we come in the the Constitution at least for a while. nobody is allowed to sue you. So I daytime and knock on the door and We did for hundreds of years. think that is something we ought to be say: We have a warrant. Is there anything so unique about the very careful with, and if we do end up I know police work is not without times we live in that we could not still having a debate on this and we do end risk and people do shoot back at them. live under the Constitution? The up having amendments on this, that we So I understand where they are coming Fourth Amendment has its origins in consider taking out the liability pro- from, and I want to protect them and English common law. The saying that for them to be safe. I want to protect tection. a man’s home is his castle, this is the the police, but I actually think it pro- I also think the most important idea that someone has the right to de- tects the police more if we go in the thing is if we decide that bulk collec- fend their castle or home from invasion way we do with traditional warrants tion is wrong, we need to understand from the government. how you get bulk collection. You get and not without unannounced war- Based on the castle doctrine in the bulk collection because you have a rants. 1600s, landowners first recorded legal Of course, there are different cir- nonspecific warrant. You don’t have an protection from casual searches from cumstances or exigencies. There are individualized warrant; you have a gen- government. Some of the famous cases times when the police go in without eral warrant. are actually in the 1760s, but even at any warrant at all. If there is some- This is what we have been fighting least 100 years in advance of that, they thing imminent going on or some since the time of John Wilkes in 1760 in were beginning to develop protections threat of a danger or situation inside, England, to James Otis in the 1760s the police go in. I think, for the most for people from the government. here through John Adams. The debate It is interesting to realize this is not part, we are better off if we do things and the thing that we found most egre- a new phenomenon where we are talk- and do them in the traditional way gious, the thing that we found most ob- ing about protecting ourselves from with warrants. jectionable was the idea that a warrant When we talk about how warrants government. We protect ourselves and for your information wouldn’t have have changed, one of the changes is the government helps us protect ourselves your name on it, it wouldn’t be individ- standard for what the warrant is issued from others who may be violent ualized or that it wouldn’t be without with. Even if it were individualized, if against us. But we have always—for suspicion or that it would occur with- it says that you only have to say they hundreds and hundreds of years—been out a judge’s warrant. It really was one are relevant to an investigation. That aware that government does bad things of the things that annoyed us more is a big step down from probable cause. too. If you do not ration the amount of than anything else. One of the things People have defined ‘‘probable cause’’ power you give to government, you can that Adams said was the spark of our over time in different ways. get to the point where the great abuse war for independence was just the This is from Ballentine’s Law Dic- comes from government itself. So they sheer gall of British soldiers coming tionary. A common definition of ‘‘prob- began to use warrants. But in England into our house without a warrant be- able cause’’ is ‘‘a reasonable amount of the debate quickly developed over cause most of the records are in your suspicion, supported by circumstances whether a general warrant was ade- house. We don’t see basically the phys- sufficiently strong to justify a prudent quate or a specific warrant. This is ical and abrupt entry into your house and cautious person’s belief that cer- where John Wilkes comes in. This is anymore, but it happens nonetheless. tain facts are probably true.’’ where James Otis comes in. It happens in just less of a physical Some lawyer must have written that. One of the debates over the separa- way because your records are virtual But you can kind of get a little bit of tion of powers that we have—this is now. But how we let people come into understanding that we are supposed to pretty commonly going on, although I our house is pretty important. go through some kind of thought proc- think the people who believe in unlim- On the issue of warrants—this isn’t ess and there is supposed to be evidence ited inherent powers are probably the specific to the PATRIOT Act, but it is of suspicion. It is not the standard of majority of Washington. But there is a a related issue. The issue is whether we proving guilt, proving beyond the pre- debate over what people call article II should allow people to come into our ponderance of the fact or any kind of powers. The article II is where the Ex- house in the middle of the night with doubt. It is a standard, and it is a ecutive is given powers under the Con- what is called a no-knock raid. The standard we have had for a long time. stitution, but there are people who sort sneak-and-peek, they come in and The Oxford Companion to American of believe in this unlimited nature. leave. But the no-knock raid, you know Law defines ‘‘probable cause’’ as: ‘‘In- There is really nothing that restrains

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You give up of conflict, to do whatever they need to through the White House censor and some of what you earn. Your liberty is do. the White House censor—counsel, ad- who you are. Your liberty is what you I think that is a dangerous suppo- viser, boss—decided they needed to produce with your hands, and your lib- sition, to think that really there are take that out of his speech because erty is what people will pay you to do times when there are no checks and they did not want to imply, really, with your hands, what you do to balances. I personally think probably that intelligence activities could be produce. That is your income. That is one of the most genius things we got changed through democratic action, you. That is your liberty. out of our Founding Fathers was the because they took the opinion appar- If we have 100 percent taxation, I checks and balances and the division of ently that the inherent powers of arti- would say you have no liberty. You are power. cle II are not subject to democratic ac- essentially a slave to the State. If you Montesquieu was one of the philoso- tion. have 50 percent, you are only half phers the Founding Fathers looked to When I think of the people who say slave, half free. The thing is that the and some say when we were setting up that the inherent powers are unlimited smaller your government, the lower the separation of powers that he was and the President has these powers your taxation and the more free you probably where we got the example. that are not to be checked by Congress, are. But it is an argument for, if you Montesquieu said that when the Execu- I do not think of a Presidency. I think are concerned about freedom, you tive begins to legislate, a form of tyr- of a different word, and it is not would want as small a government as anny will ensue because you have al- ‘‘President.’’ you possibly could have that still did lowed too much power to gravitate to I am very concerned about whether the things that you think are nec- one body and you have not divided the we are going to let this go on. There essary. power. The division of power was one of are some other side effects that come The other argument I like for why the—if not the most important—the from this. As you allow the executive you should keep your government most important things we got from our branch unlimited power and as you small is what I call the efficiency argu- Founding Fathers. But we are having allow the bureaucracy to grow, a con- ment. The efficiency argument was this collapse of the separation of pow- sequence or a side effect has been that best expounded by Milton Friedman, ers. It is getting to be where there is an the debt has grown to alarming propor- who said that nobody spends somebody ancillary body which is Congress, and tions. We borrow about $1 million a else’s money as wisely as their own. then there is the executive branch, the minute. We have an $18 trillion debt. There is sort of a truism to that. You behemoth, the leviathan. As the debt has grown larger and the think about it in your own life. If I ask The executive branch is so large that executive branch has grown bigger, you for $1,000 to invest in a business en- really the most important laws in the your Congress men and women have terprise, you will think: How long did land are being written by bureaucrats. grown more ancillary and more periph- it take me to earn $1,000. You will No one elects and no one can unelect. eral to the entire process. But I am one think: I had to pay taxes, I had to save, In an average year, there are over 200 who believes there are limits. I think I had to pay all my expenses to get this regulations that will cost the economy there is a limit to how much debt we $1,000. You will think how much you $100 million apiece. We do not vote on can incur and how rapidly we can incur prize that, and you will not make the any of them. We vote indirectly for the it. decision in an easy fashion. You will President, but I think that is so indi- I think already we have seen sort of make your decision not perfectly, but rect that it is a real problem. an anchor or a burden, an effect on the if you compare your decision spending I think what we have now is an exec- economy that pulls us down and causes your money to a politician spending utive branch that legislates. The col- growth to be less vibrant. Some say 1 the money, it is just bound to be a lapse of the separation of powers is a million jobs a year are being prevented wiser decision. It is a more heart- collapse of the equilibrium. This equi- from being created because of this. wrenching decision. It ends up typi- librium is what kept power in check. I think that if we are not careful, cally being a better decision. If you ask When I think who is to blame for this, this collapse of the separation power, a politician for $1 million, that might it is not one party; it is really both this collapse of equilibrium, as we let be equivalent to $1,000 or it might not parties. this get away from us, we are also get- mean anything to him. You might ask When we have a Republican in office, ting away from the control over our fu- him for $10 million. Republicans tend to forgive the Repub- ture. We are letting the power accumu- Think about it this way: We gave $500 lican President and give them more late in such a rapid fashion that if you million to one of the richest guys in power. When we have a Democrat in of- want to see how much power is accu- our country to build something that fice, the Democrats tend to forgive a mulating, you can almost make the nobody seemed to want, and he lost all Democrat and give the Democrat more analogy of looking at the debt clock. If of the money. And you think to your- power. you go to debtclock.org and watch the self, do you think the person in the De- A more honest sort of approach to debt spiraling out of control, as the partment of Energy that gave $500 mil- this or a more statesman’s like ap- debt grows larger and larger, you basi- lion to one of the richest guys in the proach to this would be that if we were cally are seeing a diminishment of a country to build something we didn’t able to have both parties stand up as a corresponding diminishment of your want feels bad or doesn’t sleep well at body and if there were pride in the in- freedom. It is of concern. night? No. I think they gave that per- stitution of Congress—pride such that It is of concern how rapidly this is son the money because that person was we were jealous of our power, that we happening. There are two philosophic a big contributor. They were an activ- were pitting our ambition to keep our reasons we should be concerned about ist for their candidate, so when the position against the President regard- power. One is that power corrupts. candidate got in power, they used the less of the President’s party affili- More basic than that is that as power Department of Energy as their own ation—then we might have a chance. grows, there has to be a corresponding personal piggybank to pass out loans A lot of the things about collection loss of your freedom. I call this the lib- to their friends. Nobody feels bad about of bulk data were not known for years erty argument for minimizing govern- the fact that they lost the money be- and years but have been going on for a ment. Thomas Payne made this argu- cause it wasn’t their money. It is the long time. One of the things I found ment. Thomas Payne said that govern- efficiency argument for why you most troubling in the John Napier Tye ment is a necessary evil. What did he should think the government should be op-ed was that he said—he was giving a mean by that? I think what he meant small.

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.110 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3153 Before the PATRIOT Act, there was administration said that because the should be protected, why do it? You something called Stellar Wind. This Nation had been thrust into an armed can’t sue them. If you have a privacy was a secret also, and we didn’t learn conflict by foreign attack, the Presi- agreement with your phone company, about this for many years, but this was dent has determined in his role as Com- they don’t care. Nobody can sue them. started immediately after 9/11 and was mander in Chief that it is essential for You have no protection. You have no revealed by Thomas Tamm at the New defense against a further attack to use standing in the court to protect your- York Times in 2008. But it was basi- these wiretapping capabilities within self. That is one of the problems with cally a prelude to the bulk collection the United States. He has inherent con- the USA FREEDOM Act, is that we are we are having now. stitutional authority to order giving liability protection once again The amazing thing about bulk collec- warrantless wiretapping. to the phone companies for something tion is none of this is new. It has been The memo goes one step further. It new. going on now for 14 or 15 years. It says that the President has the inher- One question I would ask, if there doesn’t make it any less objectionable, ent constitutional authority to order was anybody who would actually tell but it is not new. We have now had warrantless wiretapping—we are talk- me the answer, would be, if we already bulk collection under two different ad- ing about warrantless, not any kind of gave them liability protection under ministrations. One administration got a subpoena—an authority that Con- the PATRIOT Act, why are they get- a great deal of grief for this, and then gress cannot curtail. ting it again under the USA FREEDOM the next party ran and said: We are If we really believe bulk collection is Act unless we are asking them to do going to change these things and do wrong and if we really believe we need something new that they didn’t have things differently. And they did them to be a check and balance on the Presi- permission for? the same or more so. There really had dent, we should just be getting started The other thing about the USA not been any change, and I guess that with reining him in on bulk collection FREEDOM Act is that if we think bulk is why some people are concerned as to because the President—this was the collection is wrong, why do we need whether we will truly get change. previous administration—says these new authorities? Why are we giving The program’s activities in Stellar authorities they are using cannot be them some kind of new authority? Are Wind involve data mining of large curtailed by Congress. If you talk we restricting our authority in section databases of communications of Amer- about a Presidency that has powers 215 of the PATRIOT Act on one hand ican citizens, including emails, tele- that are not checked by Congress, I and then expanding it on another? phone conversations, financial trans- don’t think you are talking about a I think when people are dishonest actions, and Internet activity. William Presidency here. There is another with you, you are right to be doubtful Binney, a retired leader within the name for that kind of leader, but it is and you are right to try to cir- NSA, became a whistleblower because not ‘‘President.’’ cumscribe and to put their power in a he believed these programs to be un- The argument here is astounding. box so you can watch them and make constitutional. The argument here is that they can sure they are honest. The intelligence community was also collect anything they want without a In June of 2013, the Washington Post able to obtain from the Treasury De- warrant because the President has the and the Guardian published an article partment suspicious activity reports. inherent constitutional authority to from the Office of the Inspector Gen- So we are back to these banking re- order warrantless wiretapping—an au- eral—a draft report dated March of 2009 ports that are issued. thority Congress cannot curtail. I that detailed the Stellar Wind Pro- If we decide to fix bulk records and think that is alarming. gram. So in 2009, there was evidence try to do something about this injus- A few years later, the Office of Legal that Stellar Wind was still going on. tice, the main thing is we should be Counsel came back—this is also from And realize that Stellar Wind is not aware that this is not the only pro- the administration—and concluded what we are talking about. Stellar gram. There are probably a dozen pro- that at least the email program was Wind would be other bits of informa- grams. There are probably another not legal, and then-Acting Attorney tion that are being collected beyond dozen we have not even heard of that General James Comey refused to reau- your phone records. they will not tell any of us about. And thorize it. I think if we had somebody here or if realize that they are not asking Con- William Binney, a former NSA code we had somebody who would honestly gress for permission; they are doing breaker whom we have talked about tell us, I would sure like to know if whatever they want. and who is a whistleblower, talked they absorb and collect all of our credit We did not give them permission about some of the activities of the NSA card information. I have a feeling it is under the PATRIOT Act to do a bulk and said they have highly secured probably done. I don’t know, and I have collection of phone records. They are rooms that tap into major switches and not been told, so I am not revealing a doing it with no authority or inherent satellite communications at both secret. I guess it is done. I am guessing authority or some other authority be- AT&T and Verizon. all of your records are collected be- cause the courts have already told The article—I believe this was the cause the thing is, we have the audac- them there is no authority under the New York Times—suggested that sup- ity of the executive branch saying they PATRIOT Act. There is also no com- posedly dispatched Stellar Wind—sup- have inherent constitutional authority monsense logic that could explain—no posedly they were no longer doing to do anything they want, to order commonsense logic that could say this—continues as an active program. warrantless wiretapping. According to there is a relevancy to all the data of This conclusion was supported by the the executive branch, they have an au- every American. exposure of room 641A in AT&T’s oper- thority that Congress cannot curtail. When Stellar Wind came about, there ation center in San Francisco in 2006. That doesn’t sound like the Office of were internal disputes within the Jus- It gets back to the trust factor. the Presidency to me; it sounds like a tice Department about the legality of The Director of National Intelligence governmental official whom you have the program because the data was said they were not collecting any bulk no control over. It sounds inconsistent being collected for large numbers of data, but he wasn’t telling the truth. or antithetical to a constitutional re- people, not just the subjects of FISA They tell us Stellar Wind ended back in public. How can you have a Presidency warrants. The Stellar Wind cases were 2005 or 2006, but then we find a room at that has unlimited power? That is what referred to by FBI agents as pizza cases AT&T that is still hooked up directly they are telling you. because many seemingly suspicious to the NSA. They are telling you it is in the serv- cases turned out to be food takeout or- I would like to see the phone compa- ice of good. We are going to catch ter- ders. Imagine also that if we are look- nies be better defenders of our privacy, rorists, and we are going to do good ing for interconnecting spots, a lot of but with the PATRIOT Act, we gave things. We are going to look at all of people order pizza. them immunity. Even if there were your information, but we are never According to Mueller, approximately some individuals in the phone compa- going to abuse your privacy. 99 percent of the cases led nowhere. nies who cared about your privacy and During September 2014, the New York Nevertheless, internal counsel for the thought your phone conversations Times asserted, ‘‘Questions persist

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Note was made that section 215 bulk telephone records pro- the government’s power and it exceeds the bulk program—telephone, Internet, gram, period. They say that the pro- the Constitution. But what many are and email surveillance of American gram as it is constituted implicates proposing to replace it with is the USA citizens—remained secret until the rev- constitutional concerns under the First FREEDOM Act. elations by Edward Snowden and that and Fourth Amendments. This is the This is what Patrick Eddington to date, significant portions of the President’s Privacy and Civil Liberties writes: The USA FREEDOM Act claims memo remain redacted in the newly re- Oversight Board. to end the controversial telephone leased version as well as that doubts Without the current section 215 pro- metadata program, but a close reading and questions about its legality con- gram, the government would still be of the bill reveals that it actually tinue to persist. able to seek telephone calling records leaves key PATRIOT Act definitions of When we go back to the Privacy and directly from the communications pro- ‘‘person’’ or ‘‘U.S. person’’ intact, so a Civil Liberties Oversight Board, as viders through other existing legal au- person is defined as any individual, in- they get closer to their conclusion, thorities. I think the other existing cluding officer or employee of the Fed- they talk once again about the idea legal authorities could be the Constitu- eral Government, or any group, entity, that you are only hearing one side. I tion. Could we not just call a judge and association, corporation, or foreign think that no matter how honest and get a warrant and go down to the phone power. no matter how patriotic people are, one company and get what we want? I So the question I have is, it sounds side just won’t do it. You can’t find the think there is a way we can do this good that we are going to make the whole truth when only the government that is still consistent with the Con- definition of whose records we go after presents their position. The Privacy stitution. when we say it is going to be a specific and Civil Liberties Oversight Board (Mr. GARDNER assumed the Chair.) U.S. person. The problem is that we said that the proceedings with only one The other recommendation they then define ‘‘person’’ as ‘‘corporation.’’ side being presented raised concerns have, other than ending the program, So we get back to the same argument: that the court does not take adequate is that when the bulk collection pro- If we are going to search the database account of positions other than those gram is ended, the records should be of all of a person’s phone calls and we of the government. They recommended purged so there is no chance that this say that a person is Verizon, we are the creation of a panel of private attor- can be abused again in the future. again stuck collecting everybody’s neys and special advocates who can be One of the arguments for the NSA records. brought into cases involving novel and has been that they collect the data, it What I don’t want to have happen significant issues by FISA Court is in a database, but it is only accessed and what I won’t be able to support is judges. when they have what they call reason- a bill that becomes bulk collection of a I think this would be a step in the able, articulable suspicion. person’s records, just under a different right direction, but I think also that One of the recommendations of the venue. I am not sure that one’s privacy what we need to do is we should really privacy board, though, was that they has been protected more if it were now probably give you the ability to have not be given the ability to judge just asking the phone companies for your own attorney. If this is a court whether there is reasonable, bulk collection where we were taking proceeding, I think you need your own articulable suspicion; that it would ac- their data, sourcing it, and getting it attorney so you have somebody who tually go to an independent judge to from the companies after they gave it works for you and is your advocate. determine that. So the recommenda- to the government. I am just not sure But a special advocate would be better tion of the privacy board was that if it is that much—distinctly different. than what we have. these should go to the review of the In the USA FREEDOM Act, they talk The Board goes on to conclude that FISA Court before they are able to about the idea that we will get special ‘‘transparency is one of the founda- query the database. advocates, and I am for that. I think tions of democratic governance. Our There are many different groups who that is a good idea. But Patrick constitutional system of government have been fighting for our privacy in Eddington points out a flaw. He says relies upon the participation of an in- this country, and it is a coalition of that the FISA Court has sole discretion formed electorate. This in turn re- people both from the right and from to appoint or not appoint these amicus quires public access to information the left. We have seen it today as dif- curiae or these special advocates. So it about the activities of the government. ferent Senators have come to the floor. could be that a FISA Court that really Transparency supports account- We have had Senators from the Repub- has not been too inquisitive, a FISA ability.’’ lican Party as well as from the Demo- Court that has determined that all of I could not agree more. It is even cratic Party. We have had those from your records are somehow relevant, more important when we talk about the right, from the left, conservatives, may not be the most inquisitive to ap- the intelligence agency because of the libertarians, and we have had progres- point an advocate for you if they have extraordinary power we give to these sives. There has been a combination of been able to define ‘‘relevance’’ as people, the extraordinary power we folks who also have one thing in com- meaning all of the records. give them to invade our privacy and to mon, and that is the belief that the Bill Another deficiency of the USA have tools to invade our privacy. We of Rights should be protected. FREEDOM Act is that it does not ad- have to trust them, so there needs to Among the private groups who have dress bulk collection under Executive be a degree of transparency. But trans- done a good job with this is Electronic Order 12333. The bill also fails to ad- parency doesn’t have to involve state Frontier Foundation. They have been dress bulk collection under section 702 secrets. It doesn’t have to involve one of the groups who have done a good of the FISA Amendments Act. codes or names. But the transparency job. In one of their newsletters, they One could say: What are you com- needs to involve what they are doing. quote RON WYDEN, who says: We have plaining about? You are getting some Do we think any terrorist in the world not yet seen any evidence showing that improvement. You still have problems, doesn’t realize that all of the informa- the NSA’s dragnet collection of Amer- but you are getting some improvement. tion is being scarfed up? It is not a se- ica’s phone records has produced any I guess my point is that we are hav- cret that they are doing this. uniquely valuable intelligence. ing this debate, and we don’t have it So we should have an open debate in Patrick Eddington writes for CATO. very often. We are having the debate a free society about how it should be CATO is another group who has been a every 3 years, and some people have done and whether we can gather infor- good supporter of privacy. In an article tried to make this permanent, where

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I think we sophisticated hackers and sophisti- The point is that sometimes when you ought to—for goodness’ sake, why cated foreign governments will say are protesting either for or against won’t we have some hearings on Execu- that most of American software now something that is very unpopular, tive Order 12333? I think they may be has a flaw, and the American Govern- sometimes you even worry about your having them in secret, but I go back to ment is getting into it. What do we safety. There were people who lost what Senator WYDEN said earlier. I think these people will do? They will their lives in the freedom movement, think the principles of the law could be develop programs to look for the flaws in the civil rights movement. There discussed in public. We don’t have to and churn through until they find our were people who lost their lives. And reveal how we do stuff. Do we think flaws. you can understand how in those days anybody in the world thinks we are not It is the opposite of what we should people might have been worried for looking at their stuff? Why don’t we be doing. We should be trying to keep anybody to know they belonged to the explore the legality and the law of how foreign governments, foreign snoopers, NAACP or they opposed the Jim Crow we are doing it as opposed to leaving it and foreign competitors out of our laws in the South. But it was an impor- unsaid and unknown in secret? stuff, including the U.S. Government, tant case because it talks about how Part of our secrecy is sort of back- but we are doing the opposite. the fact is that information can be firing on us also because what is hap- There is a lot left to be desired with kept private and should be kept private pening is in keeping this secret, people the USA FREEDOM Act. I try to be for fear it will chill speech, for fear it believe the worst. Everybody around supportive of moving forward, but I will put a damper on who people would the world believes the worst about it. can’t support it unless we are able to associate with, for fear that it would Everybody around the world believes incorporate some of the other ideas I put a damper on dissent, which is a that they are having all their stuff think are necessary. fundamental aspect of a Republic. The people say we are just not doing looked at, that their emails are being In a letter from a couple weeks ago enough. This week, many have come looked at. So if you are a businessper- from some congressional leaders, they out and said: We have to collect more son in Europe and you are trying to ne- point out something that I think bears data. We are only collecting a third of gotiate a secure deal—a deal where you repeating. Mass surveillance, the bulk the data. We have to get more data. don’t want your competitors to know collection, harms our economy. Mass what you are offering to buy a certain The interesting thing is that we are surveillance will cost the digital econ- company—I would think you probably spending $52 billion a year on intel- omy up to $180 billion in lost revenue wouldn’t use American email, and I ligence in our country—$52 billion. We are spending $10 billion in the NSA by 2016. would guess that is what is happening. We are not getting any new bad guys American companies are starting to alone. It is $167 per person in the with this, we are abrogating privacy, try to figure out a way around this, are United States. I think it is hard to argue we are not doing enough already. and we are losing money. trying to offer encryption. What does The Internet companies in our coun- I think the argument can be made, the government do? The President’s ad- try, the whole software world, the though, that we are doing it in such a ministration is all over the airwaves, whole hardware, all of this, have been all over Washington, all over the place haphazard, all-collecting, all-con- some of America’s greatest triumphs, talking about how the companies are suming, indiscriminate way that some of America’s greatest ingenuity. somehow evil for wanting to encrypt maybe we are not getting the best bang Yet we are willing to squash all that in their data. for our buck. I saw the Secretary of the Depart- There have been many groups out a battle that really is going to damage ment of Homeland Security in my com- there. We mentioned Electronic Fron- our privacy, isn’t helping us in the war mittee the other day, and I said: You tier Foundation, TechFreedom, Liberty against terrorism, and is going to realize it is your fault. Is it the compa- Coalition, GenOpportunity, Competi- make it such that nobody in the world nies’ fault that they are trying to pro- tive Enterprise Institute, is going to want to buy American prod- tect their information for their cus- FreedomWorks—a lot of different ucts. I think it is a disgrace and, once tomers? They are trying to make a liv- groups from right and left that are op- again, I don’t think it is purposeful. ing. It is your fault for bullying them posed to this bulk collection of data. Nobody wants to harm our companies, and stealing their information and There is an interesting article re- but I think it is just another unin- stealing all of Americans’ information. cently written by Anthony Romero tended consequence—a bad policy not We are simply reacting to the bully with the ACLU, and the title of it is thought through. that you are. ‘‘The Sun Must Go Down on the PA- The ACLU commentary on the USA Most of the issues Patrick Eddington TRIOT Act.’’ In it he refers back to FREEDOM Act has come up with some points out in his piece are issues that both of the review groups we talked ideas of things they think would make we actually have amendments for that about and the Privacy and Civil Lib- the bill stronger. One, they say the bill would make the bill stronger. So if erties Oversight Board, and he says and could be amended to prevent surveil- there are arguments that maybe the reiterates a point that is incredibly im- lance of individuals with no nexus to USA FREEDOM Act could be made bet- portant, that ‘‘there was no evidence at terrorism: ter—definitely reauthorizing it by all that the NSA’s massive surveillance The 2015 USA FREEDOM Act would au- itself is a big mistake, but if alter- program had ever played a pivotal role thorize the collection of records and commu- natives are going to be offered, maybe in any investigation.’’ nications identified by a ‘‘specific term’’. I think we ought to be able to figure . . . This would stop the government from we could try to offer alternatives that conducting indiscriminate surveillance of make the USA FREEDOM Act better. out something from this, and we ought virtually all citizens and from engaging in The other idea Patrick Eddington to be able to learn that not only is narrower but still-egregious forms of abuse, puts forward is that there is no bar on there a constitutional question of this, like the surveillance of everyone in an entire the government imposing backdoors there is also the question of whether zip code or all those who use a given commu- being built into electronic devices. practically it is doing anything to nications provider, like Gmail. However, the That is what we have talked about be- make us safer. If it is not making us current SST definition is still not strong fore, that the government is mandating safer, it is extraordinarily expensive enough to prevent ‘‘bulky’’ collection. . . . to different companies that they have and we are losing our freedom in the This is the point I have been making, to have access to their product. process. Why don’t we shut it down? and this is something you need to be I think it is an under-discussed devel- Different advocacy groups for a vari- very careful about in Washington, be- opment that the companies are going ety of opinions have put forward the cause the minute you think you have

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We up on the floor, and wound up losing a wearing my feet out and my voice may still get a reform like this and lot of the better stuff that was in it. today, is that we would like to find then find out we are still going to get The third recommendation is what out, Will the leadership allow us to bulky collection; that a corporation’s we mentioned a few minutes ago, which have amendments? name can be put in the specific selector is to make sure there is a strong advo- We would like to know and have an term, and—so we were worried about cacy, a special advocate; that it is a agreement that we will specifically be the government giving us all of strong advocate that goes before the allowed to offer these amendments we Verizon’s records. Now we are just FISA Court. As the Second Circuit have worked on for 6 months to a year sending a warrant to Verizon that has Court decision observes, adversarial ju- now. We have waited for 3 years for the their name in it and we are getting all dicial process is vital, especially on opportunity. We would like to know, of their records. matters as critically important as the Will leadership let us have these The example they put here is that government’s authority to spy on its amendments? Will leadership allow a you could still end up having the sur- citizens. This is a really important free and open debate over how to fix veillance of everyone in the entire ZIP point, the adversarial judicial process. this bulk collection program? Code or all of those who use a given There are some—Judge Napolitano The backdoor thing with 702 is a communications provider like Gmail. has written on this—and I think he has pretty important thing. It is collecting So Gmail is a specific term. Are we not made the point that without an adver- enormous amounts of data. Earlier still back where we were and have we sarial process, you really can’t even today we talked about how this data, really fixed the problem? have a judicial process. If you don’t that 9 out of 10 pieces of data are not The ACLU goes on to say that the have people on both sides arguing or about the target, they are just inci- bill should be amended to narrow the advocating for a position, there really dental. I think there was one estimate SST definition—the selector term—to isn’t a court. It really is not a judicial that we have had 90,000 targets, but it prevent this kind of bulky surveillance. proceeding that we can recognize as means that we have really had 900,000 The bill should also make crystal finding justice. But the FISA Court bits of information on other individ- clear, consistent with the Second Cir- only hears from one side, the govern- uals collected, but it all just gets stuck cuit—which has come out since this ment. in a database. So the database keeps bill was written—that section 215 can- But the ACLU points out that these growing and growing and sometimes it not be used to amass Americans’ advocates participate solely at the dis- is intentionally so, that we want to in- records for open-ended data-mining cretion of the court and can make ar- vestigate a guy here, but we don’t want purposes unmoored from any specific guments that do not advance privacy to ask for a warrant, so we investigate investigation. and civil liberties. a guy overseas that we know already I think this is incredibly important. Yet, if you are hired by the govern- talks to the guy over here, and now we The USA FREEDOM Act wants to take ment, are you really going to be the are really investigating Americans a step forward, but we need to make best advocate for privacy? without a warrant. So they rec- sure the ruling from the Second Circuit The fourth suggestion that the ACLU ommended we stop this backdoor ac- that has already passed, that we don’t has to make the USA FREEDOM Act cess. This is something Senator WYDEN do something that either moots the better is that we should limit addi- and I have also been in favor of as well. case or we don’t do something that ac- tional authorities that have been used Another recommendation the ACLU tually expands the power of 215 when to collect America’s records in bulk. has is that our current laws punish in- the court has already restricted the We now know that the government has dividuals for providing material sup- power of 215. conducted bulk surveillance not only port to terrorists. I have no problem The ACLU’s second recommendation under 215 but also under a host of other with that, but they have been used ap- is that we should include procedures to statutes, including existing adminis- parently to prosecute people seeking to ensure that the government purges ir- trative subpoena authorities. provide humanitarian assistance. The relevant information. Right now the For example, for two decades, up USA FREEDOM Act should add an ex- bill would allow the collection of irrel- until 2013, the Drug Enforcement Agen- plicit intent requirement to the mate- evant information under 215 and other cy operated a program that collected rial support law. authorities without minimization pro- the international call records of Amer- There is another comment from the cedures. icans in bulk, reporting under existing Sunlight Foundation by Sean Vitka, This kind of reminds me—if you want administrative subpoena laws. So here and the title is the ‘‘USA FREEDOM to know how much information we are is a real question: What other authori- Act is about to pass through the grabbing up and how worried to be ties are we operating under that are House—is it a step backwards?’’ about it, there was an article in the collecting bulk records? They are doing Sunlight and others have had major con- Washington Post a couple of months it under administrative subpoena laws. cerns about the USA FREEDOM Act for ago, and it said the President had been They are doing it for the DEA. I still some time. Broadly speaking, it isn’t a satis- minimized 1,227 times. We are col- think the more I learn about this, the factory level of reform given what we’ve lecting the President’s data, all right. more questions I have as to how many learned in the past two years about govern- You can say, well, we are being fair, we other authorities are still collecting ment surveillance and the immense secrecy are getting everybody’s. For goodness’ things. I would still like to know, are that surrounds it. Until last week, it’s fair to sake, we should not be collecting the say some considered the bill a net positive, they collecting all the credit card in- some a net negative and that no one thought President’s information. In fact, you formation in the country? Are they it was enough for reform. might inadvertently have somebody doing that under Executive authority? As time has progressed, we’ve seen what reading that who really shouldn’t be Are we really living in a country now began in 2013 as a decent, if tunnel-visioned, reading the President’s information. where nobody in the government ques- compromise chipped away at, including the We should not be collecting the Presi- tions someone when they say that transparency and accountability provisions dent’s information. That is ridiculous. under article II authority the Presi- ... But we are minimizing the President, dent can do whatever he wants and I think this is an important point, which means we are finding it and sort that this can’t even be corrected or because the USA FREEDOM Act start- of whitening it out and hoping nobody challenged at all by Congress? ed out pretty good. It got a little bit has read it in the process. The fifth recommendation from the less good over time. But think about There were earlier versions of the ACLU is to stop the government from where we are right now. It passed over- USA FREEDOM Act that included using section 702 of FISA as a backdoor whelmingly in the House. The majority some of these basic protections on get- to conduct surveillance on Americans. in the Senate does not want it because ting rid of or minimizing irrelevant in- This was one of our amendments that they think it lessens the bulk collec- formation from bulky surveillance. we also have. In fact, most of these are tion too much. So they are going to This is sort of the problem. This bill amendments that I would present, if we chip away at it again. So imagine started out pretty good in the House, are allowed to present them, which is where we are going to be in the end if

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The sacrifices made in the bill in we do a bunch, are we really individ- Napolitano goes on: order to secure these modest reforms ualizing or are we not growing it into None of this is new. It has been at the core grew more dramatic. For instance, the bulk collection? of our system of government since the 1790s. USA FREEDOM Act was always a They include the following among It is embodied in the Fourth Amendment threat to court challenges and may those selection terms—ones they are which is the heart of the Bill of Rights. It is have mooted the ACLU’S tremendous worried about: the Internet protocol quintessentially American. The PATRIOT Act has purported to do away with the court win last week, if it had passed address or cloud source accounts of en- search warrant requirement, by employing last year. This is the point I have been tire organizations, in contravention of language so intentionally vague that the making. The luckiest thing we ever got the Fourth Amendment’s particular- government can interpret it as it wishes. is that we did not pass the USA FREE- ized probable-cause-based warrant. Add to this the secret venue for this inter- DOM Act last year because the courts Additionally, Sunlight goes on to pretation, the FISA court, to which the PA- are probably going to do right now a point out what I pointed out as well, TRIOT Act directs that NSA applications for better job than legislation. that the term ‘‘person’’ is not defined authority to spy on Americans are to be If fact, we might be better off not as an individual natural person, and made, and you have the totalitarian stew that we have been force fed since 2001. passing the USA FREEDOM Act and the bill does not alter the PATRIOT Because the FISA court meets in secret, seeing what the courts will do for us on Act’s original definition of person, Americans did not know that the feds were this because there is a danger it moots which includes any individual, officer spying on us all of the time and relying on the case. But there is a danger also or employee of the Federal Govern- their own unnatural reading of the words in that it is seen as actually giving jus- ment or any group, entity, association, the PATRIOT Act to justify it until Edward tification for the program, which I corporation. Snowden spilled the beans on his former em- guess is kind of mooting the case as You know, I really feel what we could ployer nearly 2 years ago. well. The ruling in the appellate court be doing back here is—we think we Here is another reason I think to could also—they are agreeing with won. We get the USA FREEDOM Act, question whether USA FREEDOM may what I just said—do more than USA and then 2 years from now, we find out be the best bill for us. There was an ar- FREEDOM aspired to do, because it in- they are plugging the name ‘‘Verizon’’ ticle in the Daily Beast by Shane Har- terprets the word ‘‘relevance’’, saying into their selection term and they are ris the other day. The title of it is it does not authorize bulk collection still collecting all the records from ‘‘ ‘Big Win’ for Big Brother: NSA Cele- and that that word is not used in sec- Verizon. So I think unless you can brates the Bill That’s Designed to Cuff tion 215. limit this to an individual, a natural Them.’’ So I think that is a good point, that person, I think really this is one of the It was supposed to be the declawing of the court is saying that the word ‘‘rel- biggest problems we have with the USA America’s biggest spy service, but what no evance’’ does not authorize bulk collec- FREEDOM Act at this point. one wants to say out loud is that this is a big win for the NSA, one former top spook says. tion. So you have got bulk collecting Sean Vitka goes on to say that there is a concern that it expands the cor- Civil libertarians and privacy advocates going on, but there is no authorization were applauding yesterday after the House of from 215 on it. porate immunity. We have discussed Representatives overwhelmingly passed leg- Here is the question: Is USA FREE- that as well today—that by removing islation to stop the NSA from collecting DOM going to allow bulky—perhaps that companies act in good faith, we Americans’ phone records in bulk. But bulk—collection, and do we wind up ac- also are going to pay the companies they’d best not break out the bubbly. tually giving back more power to the now to do this as well. The real big winner here is the NSA. Over at its headquarters in Fort Meade . . . intel- intelligence community when we are Judge Napolitano wrote about this just the other day, May 14. He writes: ligence officials are high-fiving, because they trying to limit their power? I think we know things could have turned out much A decision last week about NSA spying by need to be very careful with what we worse. ‘‘What no one wants to say out loud is a panel of judges on the U.S. Court of Ap- do here. that this is a big win for the NSA, and a huge peals in New York City sent shock waves Sunlight goes on to say—Sean Vitka: nothing burger for the privacy community,’’ through the government. The court ruled said a former senior intelligence official, one It’s unclear whether the primary goal of that a section of the PATRIOT Act that is of half a dozen who spoke to The Daily Beast USA FREEDOM, the rewriting of Section 215 due to expire at the end of this month, on about the phone records program and efforts to stop bulk collection, is already accom- which the government has relied as a basis plished and whether USA FREEDOM could to change it. for its bulk collection and acquisition of Here’s the dirty little secret that many open us all up to more secret interpretations telephone data the past 14 years, does not and new venues of surveillance. spooks are loath to utter publicly, but have authorize that acquisition. This may sound been admitting in private for the past two I think that is an incredibly impor- like legal mumbo-jumbo but it goes to the years: The program— heart of the relationship between the people tant question. Several groups that ini- The bulk collection program— tially supported USA FREEDOM have and their government and a free society. The PATRIOT Act is the centerpiece of the which was exposed in documents leaked by backed away from it. ACLU and EFF Federal Government’s false claim that by Edward Snowden in 2013, is more trouble agree that the USA FREEDOM Act as surrounding our personal liberties to it, it than it’s worth. it stands now is not worthy of support. can somehow keep us safe. The liberty-for- ‘‘It’s very expensive and very cum- I think some of these may be neutral safety offer has been around for millennia bersome,’’ the former official said. It re- on it, but they have backed away from and was poignant at the time of the founding quires the agency to maintain huge data- some of their support. Some of the con- of the American Republic. bases of all Americans’ landline phone calls. cerns that Sean Vitka talks about here The Framers addressed it in the Con- But it doesn’t contribute many leads on ter- rorists. It has helped prevent few—if any— are shortcomings in the USA Freedom stitution itself, where they recognized attacks. And it’s nowhere near the biggest Act. He says that it accepts the the primacy of the rights to privacy contributor of information about terrorism premise that mass surveillance under and assured against its violation by that ends up on the President’s desk or other these programs is necessary, despite government, by intentionally forcing it senior decision makers. the findings of the congressional joint to jump through some difficult hoops If, after the most significant public debate inquiry and the 9/11 Commission to the before it can capture our thoughts, about balancing surveillance and govern- contrary, and also despite that the Pri- words, or private behavior. These hoops ment in a generation, this is the program vacy and Civil Liberties Oversight are the requirement of a search war- that NSA has to give up, they’re getting off easy. The bill that the House passed yester- Board said it was not necessary. rant issued by a judge based on evi- day, called the USA FREEDOM Act, doesn’t Sean Vitka goes on to say that one of dence called probate cause, dem- actually suspend the phone record program. his other concerns is that the USA onstrating that it is more likely than Rather, it requires that phone companies, FREEDOM Act effectively continues not that the government will find what not the NSA, hold on to the records.

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.119 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3158 CONGRESSIONAL RECORD — SENATE May 20, 2015 That bears repeating. At least from That is right. stead of ‘‘Intel inside’’ you are going to the author’s perspective of this article, ‘‘The USA Freedom Act’’—the supposed say ‘‘U.S. Government inside’’ of every the USA FREEDOM Act does not actu- reining in of the NSA—‘‘was literally born computer. Is that what we were trying ally suspend the phone records pro- from Alexander,’’ the former official said. to do? gram. Rather, it requires the phone So the NSA effectively got what it wanted. So the clipper chip battle in the 1990s But that doesn’t mean privacy activists got companies, not the NSA, to hold onto was a very famous debate about ex- the records. nothing, or that they’d count the law’s pas- sage as a loss. actly how we were going to proceed on ‘‘Good! Let them take them. I’m tired of There is a large coalition, 50 maybe making sure that we were guaran- holding onto this,’’ a current senior U.S. offi- teeing privacy to U.S. citizens. So cial told The Daily Beast. It requires teams 100 different groups, that have all been of lawyers and auditors to ensure that the in favor of trying to end the bulk coali- clearly we were successful in defeating NSA is complying with Section 215 of the tion. We have been working together the clipper chip, but it took a lot of PATRIOT Act, which authorizes the pro- on this. We have mentioned the Elec- time and a lot of energy. gram, as well as the internal regulations on So I thank my colleague for con- how records can and cannot be used. The tronic Frontier Foundation, the Elec- phone records program has become a polit- tronic Privacy Information Center, the tinuing to fight on these important ical lightning rod, the most controversial of ACLU, FreedomWorks, Bill of Rights issues. You mentioned many of the or- all of the classified operations that Snowden Defense Committee, The Constitution ganizations that were also involved in exposed. If NSA can still get access to the Project—across the spectrum, right that battle. Are you saying that now records but not have to hold on to them and left. you believe there are new government itself, all the better, the senior official said. efforts to thwart our encryption capa- ‘‘It’s a big win for common sense and for The question is on encryption, the country,’’ Joel Brenner, the NSA’s whether the government will be able to bilities? former inspector general, told The Daily break through the encryption that Mr. PAUL. I thank the Senator for Beast. ‘‘NSA can get to do what it needs to businesses are trying to devise to keep that question. I think there is a new do with a higher level of scrutiny and a little them out. sort of political rhetoric attacking more trouble, but it can still do what it There is an article in the New York encryption, but I think there will be needs to do. At the same time, the govern- Times, though this is from 11⁄2 years ment is not going to hold the bulk metadata more efforts. This article is from about of the American people.’’ ago, saying: a year ago, but I think what is going to ‘‘The NSA is coming out of this un- The National Security Agency is winning happen from this—and what I have scathed,’’ said the former official. If the USA its long-running secret war on encryption, been hearing from people—is there is FREEDOM Act passes the Senate—which is using supercomputers, technical trickery, ultimately going to be encryption that not a foregone conclusion—it will be signed court orders and behind-the-scenes persua- is not housed by any company. They by President Obama and create a more effi- sion to undermine the major tools protecting are going to have encryption—the only cient and comprehensive tool for the NSA. the privacy of everyday communications in That’s because under the current regime, an Internet age. . . . The agency has cir- way to get to the encryption is through only the logs of landline calls are kept. But cumvented or cracked much of the the individual. This is being done be- in the future, the NSA will be able to get the encryption, or digital scrambling, that cause the government has overplayed cell phone records from the companies, too. guards global commerce and banking sys- their hand. Because the government That bears repeating. This week, ev- tems. has been such a bully on this, compa- erybody was talking about and saying: Continuing: nies are going to continue to get fur- We are not getting enough. The people ‘‘For the past decade, N.S.A. has led an ag- ther and further away. What they are who want more surveillance are saying: gressive, multipronged effort to break widely going to do is the encryption will only We are not getting enough. We are only used Internet encryption technologies,’’ said be in control of the user. When that getting the landlines. We are only get- a 2010 memo describing a briefing about happens, the government is not getting ting one-third of all of the records. N.S.A. accomplishments for employees of its any information at all. British counterpart. Here is the allegation: Under the USA So they are taking a tool that prob- FREEDOM Act, they are going to get I think the encryption thing is a big ably has been useful to a certain de- many more records. They are going to deal and will continue to be something gree—and I don’t mind if we are doing have access to all cell phone records. that is a bone of contention between it through warrants and specific extra- The question is, Are we going to really the tech industry and the government. dition—but I think they are pushing have less bulk collection or maybe the With regard to what we do in order to companies so hard that I think same? protect ourselves from the government, encryption is going to be put in a place There is another irony—this is still I think encryption will continue to according to Shane Harris at the Daily where even the company cannot get to take off. it. Beast: Ms. CANTWELL. Will the Senator Ms. CANTWELL. If I could ask an- And there’s another irony. Before the yield for a question without losing the Snowden leaks, the NSA was already looking other question of the Senator without floor? for alternatives to storing huge amounts of losing him the right to the floor, this is Mr. PAUL. Yes, without losing the phone records in the agency’s computers. a debate, as you were just saying. I floor. And one of the ideas officials considered was think I understand your premises that asking Congress to require phone companies Ms. CANTWELL. I am so pleased to there are three legs to the stool. There to hang onto that information for several hear my colleague talk about is a Federal Government that wants years. The idea died, though, because NSA encryption technology because it is access, but they should go through the leaders thought that Congress would never clearly something very important in agree, [current and former officials have judiciary system, and there are sepa- this privacy debate. I hear with inter- said]. rately the entities that have the actual est, as you cite that article, that one of It is kind of ironic that the NSA al- records, which are the telecom compa- the key things about the encryption ready thought of this idea, didn’t think nies, and that keeping those separate, debate is several years ago, those in- we would be silly enough to do it, and not blending them, not actually giving volved at the highest levels of govern- now it is being promoted as the reform, the telephone companies the right to ment basically decided that instead of that the reform is going to be what the keep all the data and information of in- being able to break the encryption NSA actually wanted in the first place. dividuals is a critical distinction. Suddenly, the NSA found itself under code, that maybe it would be a good You were just describing, I think I orders from the White House—this is idea to put an actual government chip understood, that in this case the gov- after the revelations from Snowden—to in every computer. That was called the ernment was just saying: Oh, keep all come up with some alternative to the clipper chip. And the notion was that of that data and information, which is phone records program that preserved then the NSA and other people not exactly what the phone companies it, but also put more checks on how the wouldn’t have to worry about breaking records are used. Continuing: the code. They would just have a gov- had acquired or kept for any business purposes, but it just puts personal data That’s when General Keith Alexander, then ernment backdoor to our technology. the agency’s director, dusted the old idea off In fact, there were many people—I and information at risk. the shelf and promoted it on Capitol Hill. kept saying you are going to say in- Am I understanding that correctly?

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.120 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3159 Mr. PAUL. I think I understand that swept up in those searches and their shown both his commitment and his question. The phone companies aren’t emails are being read. stamina. I am going to have to take a excited about it, but they will do it if And what is especially troubling to brief meeting on one of the issues pend- they are paid and told to do it, basi- me—and I would be interested in my ing, but I intend to join my colleague cally. But the phone companies, I don’t colleague’s views with respect to this here before too long. know. I don’t how much objection they backdoor search loophole—this is a I thank the Senator. I will have addi- have had to the current system and the problem today, but it is only going to tional questions at that time. new system. They probably don’t want be a growing problem in the days ahead I return the floor to Senator PAUL. to have to hold all this. There are ru- because increasingly communications Mr. PAUL. I thank the Senator for mors that the people who want more systems around the globe are merging. that question. will require them to. They are becoming integrated. It is not In the New York Times, in March of I don’t think, under the current USA as if the communications systems stop 2014, Clara Miller writes about some of FREEDOM Act, they are going to be at a nation’s border. the costs on U.S. tech companies that required to hold the records, but they So I think this is a particularly im- are occurring from some of this: are going to be encouraged to and paid portant issue. As we have talked about, Microsoft has lost customers, including the government of Brazil. to hold the records. the amendments we are interested in IBM is spending more than a billion dollars So I think the real question is, Is the offering, I think this is a particularly to build data centers overseas to reassure USA FREEDOM an improvement or are important bipartisan effort. I don’t foreign customers that their information is we just going to have bulk collection think people have known a whole lot safe from the prying eyes in the United done by another name, with phone about how the backdoor search loop- States government. companies holding the records. That is hole takes place. And tech companies abroad, from Europe what my fear is. We have supported section 702, be- to South America, say they are gaining cus- Ms. CANTWELL. I would say to the cause when there are dangerous threats tomers that are shunning U.S. providers, sus- picious because of the revelations by Edward Senator or ask the Senator, in this de- overseas, we want our government to J. Snowden that tied these providers to the bate, I think you raised an important be able to ensure it is taking steps to National Security Agency’s vast surveillance question, if I understand it correctly, protect the American people. But hav- program. which is, How much will the U.S. Gov- ing more and more Americans swept up The estimates are in the billions of ernment spy on U.S. citizens? And in these searches, particularly the dollars lost to American companies. that, combined with the question you changing nature of a communications Even as Washington grapples with the dip- were asking to the changes to the PA- system being integrated, strikes me as lomatic and political fallout of Mr. TRIOT Act and the accumulation of a very big problem. Snowden’s leaks, the more urgent issue, business records, is when that indi- I am going to be back to join my col- companies and analysts say, is economic. vidual could be a U.S. citizen. league very shortly, but I would be Tech executives, including Mark Zuckerberg For example, you and I could be very interested in my colleague’s of Facebook, raised the issue when they went somewhere—you could be an individual thoughts on the importance of closing to the White House...for a meting with Presi- dent Obama. of interest to one of these Federal this backdoor search loophole. It is impossible to see now the full eco- agencies, but just because I happen to We have tried in the past. I think nomic ramifications of the spying disclo- have a cup of coffee with you, now all that now, particularly, when we have sures—in part because most companies are of a sudden all of my business records, had a chance to walk this through in locked in multiyear contracts—but the all of my personal information could be terms of what it really means, my hope pieces are beginning to add up as businesses under investigation by the U.S. Gov- is we can finally close it. question the trustworthiness of American ernment, and I wouldn’t even know What would my colleague’s reaction technology products. be with respect to the importance of The confirmation hearing last week for the about it; is that the Senator’s under- new NSA chief, the video appearance of Mr. standing? this? Snowden at a technology conference in Mr. PAUL. Yes, I think that is a big Mr. PAUL. I think it is a great ques- Texas and the drip of new details about gov- concern. There are a couple of things tion, and some are saying that through ernment spying have kept attention focused that I think are alarming. Even two the backdoor of abusing 702, that if on an issue that many tech executives hoped domestic emails could be routed there were 90,000 people targeted last would go away. through a server in another country, year through using this 702, that we Despite the tech companies’ assertions collected the information on 900,000 in- that they provide information on their cus- and they could use that to actually get tomers only when required under law—and access to two Americans who are com- dividuals who were incidental and were not knowingly through a back door—the per- municating from New Jersey to South not the target at all. So for every one ception that they enabled the spying pro- Carolina. byte of data we are collecting on some- gram has lingered. ‘‘It’s clear to every single But also I think as Senator WYDEN body, we are collecting nine bytes of tech company that this is affecting their has pointed out, it often or sometimes data on somebody who is not the tar- bottom line,’’ said Daniel Castro, a senior sounds like we are targeting a for- get. analyst at the Information Technology and eigner simply to get access to an Amer- But that becomes part of this enor- Innovation Foundation, who predicted that ican. mous data center that we are building. the United States cloud computing industry would lose $35 billion by 2016. Does the Senator have a question in And many of those people are Ameri- Forester Research, a technology research that vein? cans who were getting through the firm, said the losses could be as high as $180 Mr. WYDEN. I think my colleague backdoor. billion, or 25 percent of industry revenue, has asked very good questions, and it is But also why I am here today is I based on the size of the cloud computing, my intention to rejoin him here in a want the leadership to allow us to have web hosting and outsourcing markets and few minutes. our amendments. That is one of our the worst case for damages. But I think it is important—and I amendments. That is a joint amend- The business effect of the disclosures about the NSA is felt most in the daily conversa- would be interested in your reaction— ment we have worked on. We have been tions between tech companies with products do people understand what is at stake working on these things for months. to pitch and their wary customers. The topic here? This only comes up every 3 years. of the surveillance, which rarely came up be- We are talking about section 702 of Should they not give us a day to have fore, is now ‘‘the new normal’’ in these con- the FISA Act and that involves a very a vote on some of these amendments? versations, as one tech company executive important issue of making sure, when Mr. WYDEN. I thank my colleague. I described it. ‘‘We’re hearing from customers, there is somebody dangerous overseas, will be back to rejoin him in a few min- especially global enterprise customers, that that we can, in effect, go up on that utes. I do so appreciate my colleague’s they care more than ever about where their person to get that kind of information stamina and passion. content is stored and how it is used and se- cured,’’ said John E. Frank, deputy general that we have to have. I went to school on a basketball counsel at Microsoft, which has been publi- But what we are seeing increas- scholarship, and I think I have been cizing that it allows customers to store their ingly—and we have actually put it on able to stay in a little bit of shape, but data in Microsoft data centers in certain our Web site—Americans are being my friend from Kentucky has sure countries.

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.121 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3160 CONGRESSIONAL RECORD — SENATE May 20, 2015 Isn’t that sad? Isn’t it sad that a People’s Liberation Army of China—even So you have two sort of contrary great American company is having to though this claim was never definitively opinions in wondering which direction advertise that they are storing their verified. we go. Some who want more collection Silicon Valley companies have complained information in other countries because to government officials that Federal actions of data and say we are not collecting in America we are not protecting your are hurting American technology businesses. enough data say they might live with privacy? Isn’t that sad, that a great But companies fall silent when it comes to it if we add in and force the phone com- American company, in order to stay in specifics about economic harm, whether to panies to keep the data. Right now, the business, is having to advertise to their avoid frightening shareholders or because it bill doesn’t have them keeping the customers that they are keeping their is too early to produce concrete evidence. data. But the concern for some of those information in another country? ‘‘The companies need to keep the priority of us who believe in privacy is that we on the government to do something about it, At the same time, Mr. Castro said, compa- may just be trading one form of bulk but they don’t have the evidence to go to the nies say they believe the Federal Govern- government and say billions of dollars are collection for another, that we may be ment is only making a bad situation worse. not coming to this country,’’ Mr. Staten trading a system where the govern- ‘‘Most of the companies in this space are said. ment collects the data and there is a very frustrated because there hasn’t been Some American companies say the busi- bulk collection for a system where the any kind of response that’s made it so they ness hit has been minor at most. John T. can go back to their customers and say, ’See, phone companies have the bulk collec- Chambers, the chief executive of Cisco Sys- this is what’s different now, you can trust us tion but you are still having the same tems, said in an interview that the NSA dis- again,’’’ he said. sort of collection of data. closures had not affected Cisco’s sales ‘‘in a In some cases, that has meant forgoing po- My concern with the USA FREEDOM major way.’’ Although deals in Europe and tential revenue. Act is that it still, I believe, may allow Though it is hard to quantify missed op- Asia have been slower to close, he said, they are still being completed—an experience for a nonspecific warrant. It still may portunities, American businesses are being allow for bulk collection in the sense left off some requests for proposals from for- echoed by other . . . companies. eign customers that previously would have Security analysts say tech companies have that it says you have to select a spe- included them, said James Staten, a cloud collectively spent millions and possibly bil- cific person, but the specific person can computing analyst at Forester who has read lions of dollars adding state-of-the-art be a corporation. So if you still have a clients’ requests for proposals. There are encryption features to consumer services, corporation—the problem is that if we German companies, Mr. Staten said, ‘‘explic- like Google search and Microsoft Outlook, put the name ‘‘Verizon’’ in and you are and to the cables that link data centers at itly not inviting certain American compa- getting all of Verizon’s customers and nies to join.’’ He added, ‘‘It’s like, ‘Well, the Google, Yahoo and other companies. IBM said in January that it would spend the only difference is the phone com- very best vendor to do this is IBM, and you pany is holding the information and didn’t invite them.’’’ $1.2 billion to build 15 new data centers, in- The result has been a boon for foreign cluding in London, Hong Kong, and Sidney, then divulging it versus the govern- countries. Australia, to lure foreign customers that are ment holding it, I am not so sure we Runbox, a Norwegian email service that sensitive about the location of their data. have had so much of an improvement. markets itself as an alternative to American Isn’t it sad that companies want to Some will say we just need to be safe, services like Gmail and says it does not com- avoid being in America? They want to we just need to do whatever it takes, ply with foreign court orders seeking per- avoid having their information cross that it doesn’t matter if we give up any sonal information, reported a 34 percent an- our borders. kinds of basic freedoms or privacy in nual increase in customers after news of the the process. But I think we give up on NSA surveillance. Salesforce.com announced similar plans Brazil and the European Union, which had this month. who we are as a people if we say that used American undersea cables for inter- Germany and Brazil, where it was revealed basically, at all cost, regardless of continental communication, last month de- that the NSA spied on government leaders, what it takes, we are going to do this cided to build their own cables between have been particularly adversarial towards to keep ourselves safe. Brazil and Portugal, and gave the contract American companies and the government. The thing is that even the Presi- Lawmakers, including in Germany, are con- to Brazilian and Spanish companies. Brazil dent’s privacy commission and the also announced plans to abandon Microsoft sidering legislation that would make it cost- ly or even technically impossible for Amer- President’s review commission—two Outlook for its own email system that uses independent, nonpartisan bodies— Brazilian data centers. ican tech companies to operate inside their borders. ended up saying that they didn’t think Anybody still think this bulk collec- Yet some government officials say laws anybody was independently captured, tion is a good idea for America? like this could have a motive other than pro- that there was no unique information Mark J. Barrenechea, chief executor of tecting privacy. Shutting out American com- that was actually gotten from either of OpenText, Canada’s largest software com- panies ‘‘means more business for local com- these programs, that the bulk collec- pany, said an anti-American attitude took panies,’’ Richard A. Clarke, a former White root after the passage of the PATRIOT Act, House counterterrorism adviser, said last tion of data hadn’t made us safer but it the counterterrorism law passed after 9/11 month. has infringed upon our privacy. I think if we don’t have a significant that expanded the government’s surveillance This is an article that was published debate on this, if we continue to say powers. on NPR’s Web site. The headline is ‘‘As ‘‘Well, we are up against a deadline, This is all coming from a New York Congress Haggles over Patriot Act, We and because there is a deadline, we Times article by Claire Miller from Answer 6 Basic Questions.’’ March of 2014. Quoting from the article: don’t have time for amendments,’’ I But ‘‘the volume of the discussion has think we run a real risk with the A key section of the Patriot Act—a part of American people. Congress has about a risen significantly post-Snowden,’’ he said. the law the White House uses to conduct For instance, after the NSA surveillance was mass surveillance on the call records of 10-percent approval rating right now, revealed, one of OpenText’s clients, a global Americans—is set to expire June 1. That and some argue that might be a little steel manufacturer based in Britain, de- leaves legislators with a big decision to bit high considering how great a job we manded that its data not cross U.S. orders. make: Rewrite the statute to outlaw or mod- are doing—a 10-percent approval rat- ‘‘Issues like privacy are more important ify the practice or extend the statute and let ing. than finding the cheapest price,’’ said the National Security Agency continue with The vast majority of the American Matthias Kunisch, a German software execu- its work. tive who spurned U.S. cloud computing pro- people think we have gone too far in viders for Deutsche Telekom. ‘‘Because of I think it will be interesting to see the bulk collection of records. In the Snowden, our customers have the perception how the debate ultimately plays out. ACLU survey we looked at a little bit that American companies have connections You have what has been passed in the earlier, in the age group between 19 to to the NSA.’’ House—the USA FREEDOM Act—and 39, over 80 percent of people think we Security analysts say that ultimately the passed in the House overwhelmingly. have gone too far and we are not pro- fallout from Mr. Snowden’s revelations could The majority here probably believes we tecting privacy. mimic what happened to Huawei, the Chi- are not collecting enough bulk data. nese technology and telecommunications (Mr. SCOTT assumed the Chair.) company, which was forced to abandon They would prefer to collect more bulk We just read an article from the New major acquisitions and contracts when phone data and aren’t too concerned York Times in which they talk about American lawmakers claimed that the com- that any privacy interests are being what kind of business is potentially pany’s products contained a backdoor for the trampled upon. being lost because people don’t want

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.123 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3161 American products. I think it is kind of From the opinion of the Second Cir- The order thus requires Verizon to produce sad. Not only do they not want their cuit Court, here are some quotes. call detail records every day on all telephone data held in a center in our country, The court writes: calls made through its systems or using its they don’t want their data crossing That telephone metadata do not directly service where one or both ends of the phone call are located in the United States. into our country. reveal the content of telephone calls does I don’t think we have to be that fear- not vitiate the privacy concerns arising out It is hard for me to believe that there ful of terrorism that we have to give up of the government’s bulk collection of such are people who don’t understand that data. . . . the startling amount of detailed who we are in the process. what we are talking about here is a information metadata can reveal, informa- general warrant. This is what we I have met some of our young sol- tion that could traditionally only be ob- diers who have come back with missing fought the Revolution over. This is, as tained by examining the contents. . . . John Adams said, the spark that led to limbs. I have met the parents of some I think this is a good point because who have died. And to a person, they the Revolution. The spark that led to many people want to downplay what the Revolution was the whole worry say they were fighting for our Bill of metadata is or what you can determine Rights and they were fighting for our and concern, one, that soldiers were from it. But here is the court acknowl- writing the warrants, and the other Constitution. It is difficult for me to edging that you may actually get more understand how we can take into ac- concern was that in writing the war- detailed information from metadata rants, they weren’t specific to anyone, count the sacrifice they made in war than what you once got from obtaining and at the same time, while we are they were being written in a general the content. fashion, and that by writing them gen- here safe at home, we can’t even pro- When we think about how true this tect the documents they are fighting erally so, there could be an injustice in is, think about if someone were just having an entire group who ends up for. going to come into your house and I see no reason why we can’t rely on being subject to a warrant that is not take your papers. What could they specific. the Constitution. I see no reason why find? How many people even have per- we can’t rely on traditional warrants. From the appellate court, we also sonal letters anymore? People don’t hear that the metadata has a reach far Warrants are not hard to get. Warrants have anything on paper that is per- are actually quite easy to get. War- beyond almost imagination. sonal at all. A lot of people pay their In the article ‘‘As Congress Haggles rants are, if anything, very easy to get. bills online. But it is amazing, if you On the FISA Court, turning down a over Patriot Act, We Answer 6 Basic put the compilation of all the Questions,’’ which was published on warrant is almost nonexistent. So I see metadata together, what you can de- no reason why we can’t try using the npr.org, there are several questions termine. they ask about the PATRIOT Act de- Constitution for a while. Remember that a high-ranking intel- I am concerned that the problem is bate. ligence official said that we kill people Most of the talk has been about tele- bigger than just what we are talking based on metadata. I presume he is about today. We are talking about the phone surveillance, but the question is talking about foreigners. But if we are this: bulk collection of records supposedly killing people based on metadata, the under section 215 of the PATRIOT Act. What about the NSA’s surveillance of assumption is that they can get an email and other Internet activities? If we stop that, how much have we enormous amount of information from This congressional debate has nothing to stopped? How much is still in exist- metadata, and we should be very care- do with any of NSA’s surveillance Internet ence? How much are we still doing ful about releasing this. activity. through other venues? They give an example of the sort of That’s mostly because of the fact that I think probably the most alarming metadata and what it can determine: those programs are authorized by different laws. thing we have come across as I have For example, a call to a single-purpose been talking today is the idea that The PRISM program, for example, which telephone number such as a ‘‘hotline’’ might collects a vast amount of Internet data . . . some people believe the President has reveal that an individual is: a victim of do- is covered under section 702 of the FISA inherent powers that are not subject to mestic violence or rape; a veteran; suffering Amendments Act. Congress. That, to me, is very alarm- from an addiction of one type or another; contemplating suicide; or reporting a crime. Some have said that the PRISM Pro- ing. gram probably is collecting more infor- It also means that I think that be- Metadata can reveal civil, political, or reli- gious affiliations; they can also reveal an in- mation in many ways, maybe even cause this opinion persists within the dividual’s social status, or whether and when dwarfing the bulk collection of the executive branch, there are in all like- he or she is involved in intimate relation- phone records. So if we don’t address lihood many programs like the bulk ships. section 702 in this debate, this is also collection of data—many programs The more metadata the government col- what we were talking about earlier, is that we don’t know about, some that lects and analyzes, furthermore, the greater the backdoor, the ability to say: Well, we have heard about. It is still not the capacity for such metadata to reveal we are investigating someone in a for- clear to me whether the Stellar Wind ever more private and previously unascertainable information about individ- eign country, but really they are try- Program is completely gone, which in- uals. ing to get access to someone in our volves more than just telephone data, That is sort of interesting also about country through the backdoor. If we email conversations, computer address- metadata. We have so much online and don’t address this, we may well not be es, and credit cards. What is the gov- so much information on our phones addressing a significant part of the ernment collecting? How much is being that you could probably be in some- problem. collected and under what authority? This is one of the other questions: It does concern me that there are one’s house for a month and never find people—some of them elected offi- that in paper because so much of our Is there anything else in the House bill we lives revolve through the phone, should know about? cials—who believe in the inherent pow- The bill [the USA FREEDOM Act] lifts the ers of the Presidency that cannot be through things we order and phone calls and all of that, that in the old secrecy surrounding key decisions made by challenged even by Congress. We have a the secret Foreign Intelligence Surveillance lot of work if that is really what we are days what could have been gotten Court. Going forward, some will be made up against. through someone’s castle, through public. I think it would be a big step forward someone’s actual papers in their house, I think this is a step in the right di- if we do something about the bulk col- I think pales in comparison to what rection. There are a lot of legal deci- lection of data. But I think, given the you can get simply through metadata sions, and I think we can discuss the court case, it is concerning to me that even without content. pros and cons of the legal decision They make another point, too: we might actually make the court case without having to know the specific de- Finally, as appellants . . . point out, in to- or the future of it moot and that we ac- tails. I think Senator WYDEN made a day’s technologically based world, it is vir- tually could make things worse. It tually impossible for an ordinary citizen to good point on this earlier when he said wouldn’t be the first time we have avoid creating metadata about himself [or that it is not the operational details we made things worse, thinking we were herself] on a regular basis simply by con- need to know, but when we are ques- fixing things and made it worse. ducting his ordinary affairs. tioning and debating the law, there is

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.125 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3162 CONGRESSIONAL RECORD — SENATE May 20, 2015 no reason why that shouldn’t be public This is an article that was written by of the decisionmaking process, because knowledge. the ACLU about suspicious activity re- when the government came and seized One of the reasons we would like to ports. the hotel for illegal activity, they took see the court rulings, too, is that the Law enforcement agencies have long col- the hotel and went sell it, but it has a FISA Court found bulk data collection lected information about their routine inter- lien against it. The bank owns it, and constitutional. I still find that some- actions with members of the public. Some- you do not get to sell it very easily. It what inconceivable, that a court that times called ‘‘field interrogation reports’’ or was paid off. They were going to sell it. is anything less than a rubberstamp ‘‘stop and frisk records,’’ this documenta- It is a $1.5 million hotel. And then, I could find it somehow reasonable to tion, on the one hand, provides a measure of accountability over police activity. But it guess, the local police forces would say that collecting all of our records in also creates an opportunity for police to col- benefit by that. advance really is relevant to an inves- lect the personal data of innocent people and It is not just with our records that tigation. I think it is a pretty signifi- put it into criminal intelligence files with there is a problem. It is also with the cant point that they are not going to little or no evidence of wrongdoing. As police concern for how we adjudicate justice query the data until after they get it. records increasingly become automated, law in our country. As we see this moving So there is no investigation until they enforcement and intelligence agencies are forward, I think we need to be worried have already collected the data. increasingly seeking to mine this data. about not only the way our records are The other point is that when they The Supreme Court established ‘‘reason- able suspicion’’ as the standard for police collected, but we need to be concerned say it is relevant, is anybody really de- stops in Terry v. Ohio in 1968. This standard about justice in general. termining that arguing one way or the required suspicions supported by articulable As I have traveled around the coun- other or do we just accept what the facts suggesting criminal activity was afoot try, one of the things I have seen is NSA says, that the data is relevant? ... what I call an undercurrent of unease Nobody knows what will come of this In the suspicious activity reports, in our country. I traveled to Ferguson. debate. My hope in going on all day though, these kinds of programs I have traveled to Detroit. I have been with this debate and trying to force the threaten this reasonable time-tested to Chicago. I have been to most of our issue is to try to allow for some votes law enforcement standard by encour- major cities, and I have also been to on some amendments to this. We aging the police and the public to re- some of the places where there has shouldn’t have just an up-or-down vote port behaviors that do not rise to rea- been this anger. on whether to extend the PATRIOT sonable suspicion. So it is one thing to I think people are angry because they Act. I think that when we have 80 per- say that someone has done something do not feel that government is treating cent of the population in some cases that rises to reasonable suspicion, but them justly. People do not like to be but at least two-thirds of the entire it is another to say that activity that treated arbitrarily. In fact, there are population saying that the bulk collec- could be perfectly normal, like with- some who have given the definition of tion of all of our phone records all of drawing $1,000 from the bank or put- what is acceptable, what is good gov- the time without a warrant is some- ting $1,000 in the bank, somehow is sus- ernment and what is bad government, thing that has gone too far and needs picion of a crime that we should be in- what is good law and what is bad law, to stop, it is an insult to the American vestigating. what is just and what is unjust. But people to think that we are not going A lot of this stuff has gotten really, whether it is arbitrary or not, Hyack in to have any vote at all, that we would really out of control. It is one of the ‘‘The Road to Serfdom’’ talks about just have a vote up or down on extend- things where actually the newspapers that arbitrariness, not having the pre- ing this. have done a pretty good job of report- dictability of knowing what the law I think we really do need to have a ing some of the stuff—not necessarily will do. That the law does not do the vote, and the vote needs to be on many the suspicious activity reports but on same thing to all individuals is a defi- different alternatives. It shouldn’t just some of the other confiscations of peo- nition of the injustice that causes peo- be on one alternative. It needs to be on ple’s assets without really evidence of ple to be unhappy about the way their section 702 and the FISA amendments. a crime but maybe evidence that they government treats them. It should be on a variety of things that have cash. My fear is that this arbitrary nature could make this better—whether FBI You can be driving down the road in of collecting bulk records, of collecting agents should be able to write their DC and make an unsafe lane change all of our records without a significant own warrants or whether they should and the government asks you if you warrant—the problem here is going to be signed by judges. There are a vari- have money. You then find that the be something that adds on to a sense of ety of things we need to be talking government takes it or the government unease that is in our cities and in our about. The Senate could simply take says: Well, you have $2,000. We will let country at-large. What happens is that up the House bill and pass the House you keep $1,000 if you sign a statement everybody is not treated exactly equal. bill, but I think that is unlikely. saying that you will not sue us to get People do not have the same resources This is an interesting article from the $1,000 back. to try to escape the clutches of Big The Boston Globe, a while back. It Believe it or not, that is stuff that is Brother when either data or informa- says: ‘‘What your metadata says about still happening in our country. It is tion is used against them. you: From MIT’s Cesar Hidalgo, a new called civil asset forfeiture. To make it One of the little-noticed sections in window on what your email habits re- worse, we actually give a perverse in- the USA FREEDOM Act deals with the veal.’’ centive. We say to the local officials safety of maritime navigation and nu- The article is written by Abraham that if you capture money from people, clear terrorists and conventions imple- Rieseman. we will give you a percentage of it—so mentation. Interestingly, there is a As recently as a few weeks ago, the more you take, the more you get. provision somehow in this for civil for- ‘‘metadata’’ was an obscure term known Some people have shown that people feiture. But I think the biggest prob- mainly to techies and academics. Broadly actually go after things that are paid defined, metadata is data about other data. lem with civil forfeiture is that we For the phone company, it might be the time off. There was a motel in New Jersey, allow it to occur without a conviction. and length of your calls, but not the con- the Motel Caswell. Local officials de- I think no one should have their pos- versation itself; in the context of email, it cided they would go after it because, sessions taken from them. I think you means information such as the sender and they said, there had been some drug should be innocent until proven guilty. recipients of a message—basically, every- dealings at the motel. It turned out I see that the Senator from Con- thing except what the message actually says. there were 6 people in the motel selling necticut has a question. I would be We spoke earlier about the suspicious drugs out of 180,000 visits or something happy to entertain a question without activity reports. These are reports that ridiculous. losing the floor. the government requires that banks It turned out there were other hotels The PRESIDING OFFICER. The Sen- send in. It adds a cost to your banking, that had a higher percentage of drug ator from Connecticut. and it is a pretty significant intrusion busts done at the hotel, but they owed Mr. BLUMENTHAL. Mr. President, I into the banking affairs and also into money and the Motel Caswell was com- thank my colleague from Kentucky for an individual’s affairs. pletely paid off. It may have been part giving me the opportunity to ask a

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.126 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3163 question. In the preface to that ques- The Second Circuit held that the Their rulings are public, and they tion, I would like to make a couple of Federal Government’s interpretation is themselves are evaluated and judged. remarks if he will yield to me for that ‘‘unprecedented and unwarranted.’’ Nine years after the FISA Court’s purpose. Those are strong words for a court nor- ruling in May of 2006, we continue to My colleague from Kentucky has mally extraordinarily reserved and un- wrestle with the impact of the court’s taken the floor tonight in the highest derstated in its characterization of il- grievous, egregious error, but we can- traditions of the Senate to make a legality by the executive branch. But not simply fix the mistake without fix- point that should be meaningful to all the court said unequivocally and em- ing the court. We cannot fix the system of us who care about our democracy. phatically that the Government was without remedying the process because My colleagues, including the Senator breaking the law. that process is so broken, it will make from Kentucky, have made a number of Never before in the history of the Na- more mistakes—not only predictable important points about the dangers of tion had such a bizarre interpretation mistakes but inevitable mistakes. mass surveillance and the harms been entertained. At the very least, As technology evolves, we cannot say caused by the bulk collection of Ameri- you would have thought the FISA with certainty what the next big pri- cans’ data. Court would recognize that its May vacy issue will be. In 2006, the FISA I agree with those who have pointed 2006 decision was important. Court decided whether the government out that the USA FREEDOM Act is a If this question had gone to a regular can collect all of our phone records. In strong compromise solution for pro- article III court, it would have been 2020, the government will have some tecting Americans’ freedom and secu- immediately recognized as a momen- new means of surveillance, and they rity at the same time as striking a bal- tous decision, permitting bulk collec- will want to try it. In 2030, we will have ance between preserving our security tion of data on every American. Liti- another. and protecting our precious rights. gants on both sides would have, in ef- We need a FISA Court that we can I want to highlight for the Senator fect, pulled out all the stops in their trust to get the question right. Trust, from Kentucky, in his very insightful arguments. Yet not only did the FISA confidence, and the integrity of the ju- remarks, as well as for my colleagues Court get the question wrong in May of dicial system that authorizes the sur- and others who are interested in this 2006, it appears not even to have spot- veillance of Americans’ private lives is topic, a particular part of that legisla- ted the issue, not even to have raised it at issue here. We need a FISA Court that operates tion—the provisions that deal with the and addressed it in its opinion. Of transparently, openly, and has ac- adversarial process in the FISA Court. course, nobody knew it at the time be- countability. A court that operates in The bulk collection program is a cause the opinion itself was kept se- secret and hears only the views of the powerful example of why we need a cret, as were all of the proceedings on government and faces only minimal ap- stronger adversarial process. We know this issue. pellate reviews cannot be trusted to that bulk metadata collection is un- The FISA Court upheld the govern- pass the next big test. necessary. The President’s own review ment’s bulk collection program, and it The USA FREEDOM Act would fix group has made that clear. We also did so without even writing an opinion this systemic problem. It would de- know that bulk metadata collection is explaining its legal reasoning. Not mand, under certain circumstances, un-American. This country was found- until the program was made public that the FISA Court hear from both ed by people who rightly abhorred the roughly 8 years later was an opinion sides of the issue and explain why it is general warrant, and no general war- written, and every opinion released so making a decision and also explain why rant in our history has swept up as far has omitted key issues or ignored it has decided not to hear both sides if much information about innocent key precedent. it chooses to do so. That would bring Americans as the orders permitting If the court had written an opinion, transparency to the FISA Court deci- and enabling bulk collection. at least Congress would have quickly sion, requiring them to be released un- Last week, the Second Circuit Court known what the court had done, not to less there is good reason not to release of Appeals held that bulk collection is mention the American people would them. It preserves the confidentiality also unauthorized by the law. More have known what the court had done, of the court where necessary, but it than 9 years after the government but the court wrote nothing. It chose also protects the fundamental, deeply began bulk collection, we are finally to be silent and secret, and apparently rooted sense of American justice that told by the highest court to consider it believed this issue merited no notice an adversarial, open process is impor- the question that the bulk collection to the Congress. A court that could get tant—indeed, essential—to democracy. program was never authorized by Con- such an important question so disas- And it would provide some appellate gress. trously and desperately wrong is fun- review, some form of review by an ap- How do we get here? How do we ar- damentally broken. pellate court so that if mistakes are rive at a place where one of the most Let me be clear. I do not mean to made, they are more likely to be respected courts of appeals in the denigrate the judges of the FISA Court. caught and stopped before they result United States says that the executive Any judge, no matter how wise and in fundamental invasion of private branch of our government has been col- well attuned to legal issues, needs to rights. lecting data on innocent Americans hear both sides of an argument in order In short, the USA FREEDOM Act without legal authority to do so—in to avoid mistakes. Courts make better will make the FISA Court look more fact, breaking the law by invading decisions when they hear both sides. like the courts Americans deal with in Americans’ privacy? In fact, during a hearing on this issue other walks of life, more like the We got here because the FISA Court in the Senate Judiciary Committee, I courts they know when they are liti- failed its most crucial test. In May of had the opportunity to ask one of the gants, when they are spectators, and 2006, the FISA Court was asked wheth- Nation’s foremost jurists whether she more like the courts our Founders an- er the Federal Government could col- could do her job without hearing from ticipated. lect phone records of potentially every both sides of an argument, and she was What would they have thought about single American. The argument hinged quite clear that she could not. Adver- a court that hears cases in secret, on the word ‘‘relevance’’ in the statute. sarial briefing, she explained, is essen- makes secret decisions, operates in se- Under the statute, the Federal Govern- tial to good decisionmaking. cret, and issues secret rulings? They ment can collect relevant information. We know as much from our own ev- would get it wrong. They would have The court had to decide whether ‘‘rel- eryday lives that we make better deci- thought that that sounds a lot like the evant information’’ means all informa- sions when we know the argument Star Chamber, that sounds a lot like tion. against what we are going to do, what the so-called courts that caused our re- That does not strike me as a difficult we are going to think, and what we are bellion. question. Does ‘‘relevant information’’ going to say. It is the genius of the This change will help ensure that we mean all information? It did not strike American system of jurisprudence that are not back in this Chamber 9 years the Second Circuit Court of Appeals as judges listen to both sides in open from now debating the next mass sur- a difficult question either. court before they make a decision. veillance program that started without

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.129 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE May 20, 2015 Congress actually authorizing it, as did can definitely do to make it better. I pen to believe that the drug war is illegit- metadata collection. It will help ensure think the bottom line is that we should imate. I think fighting terrorism is an en- that strictures of our Constitution are not collect bulk data on people who are tirely legitimate function of government. I obeyed in spirit and letter. It will help not suspected of a crime. also think that, in theory, there are some powers the federal government should have ensure that programs designed to keep One of the sections of the PATRIOT for terrorism investigations that I’m not Americans safe can command the re- Act that doesn’t get quite as much dis- comfortable granting it in more traditional spect and trust they need to be effec- cussion is section 213. That is the criminal investigations. But I have zero con- tive. We need those programs. National sneak-and-peek section and it is not up fidence that there’s any way to grant those security must be preserved and pro- for renewal, but it is something that powers in a way that will limit their use to tected, but we need not sacrifice funda- also shows how we have really gone terrorism. mental rights in the process. awry on that. Law-and-order politicians and many (but Unless and until this essential reform Radley Balko has written about this not all) law enforcement and national secu- is enacted, along with the other essen- rity officials see the Bill of Rights not as the in the Washington Post, and it is how foundation of a free society but as an obsta- tial reforms contained in the USA something starts out just a little bit at cle that prevents them from doing their jobs. FREEDOM Act, I will oppose any reau- a time and grows bigger and bigger. Keep this in mind when they use a national thorization of section 215. From 2001 to 2003, law enforcement emergency to argue for exceptions to those The question that I ask my colleague only did 47 sneak-and-peek searches. rights. from Kentucky and the point that I The 2010 report said it was up to 3,970, When critics point out the ways a new law think he has made so powerfully and and 3 years later, in 2013, there were might be abused, supporters of the law often accuse those critics of being cynical—they eloquently relates to this essential fea- 11,129 sneak-and-peek searches. That is ture of our American jurisprudence say we should have more faith in the judg- an increase of over 7,000 requests. That ment and propriety of public officials. Al- system. Are not open adversarial is exactly what privacy advocates ar- courts essential to the trust and con- ways assume that when a law grants new gued in 2001 would happen. powers to the government, that law will be fidence of the American people, and do The interesting thing is that when interpreted in the vaguest, most expansive, we not need that kind of fundamental you look to see who exactly we are ar- most pro-government manner imaginable. If reform in order to preserve our basic resting through these sneak-and-peek that doesn’t happen, good. But why take the liberties? warrants that were intended to be a risk? Why leave open the possibility? Better I ask this question of my colleague to write laws narrowly, restrictively and lower standard so we could catch ter- and friend from Kentucky because I with explicit safeguards against abuse. rorists, well, we are going after drug think his debate on the floor of this dealers. So, in essence, we have Of the 11,000 sneak-and-peek war- Senate tonight raises fundamental changed from a constitutional standard rants that were issued, 51 were used for issues that need to be discussed and ad- to catch drug dealers down to a ter- terrorism. We lowered the constitu- dressed. rorist standard, which is a lower stand- tional standard, but we ended up using I thank the Senator from Kentucky it for domestic crime, not for ter- for the opportunity to ask this ques- ard. To make matters worse, there are ac- rorism. tion and address this body. This is happening in other forums. cusations and implications from data I thank the Presiding Officer. There is something that folks are call- that maybe the war on drugs has a dis- Mr. PAUL. I thank the Senator from ing parallel construction. This is an ar- proportionate racial outcome. I think Connecticut for that question. ticle from the Electronic Frontier I think one of the points my friend it is concerning that we are actually Foundation by Hanni Fakhoury enti- was making through the question had not using a constitutional standard but tled ‘‘DEA and NSA Team Up to Share to do with the whole idea of relevance, a lower standard. Intelligence, Leading to Secret Use of which is sort of an amazing thing. I have an article that was written by Surveillance in Ordinary Domestic I think the quote from the privacy Radley Balko in 2014 that appeared in Crime.’’ and civil liberties commission really the Washington Post. He says: Add the IRS to the list of Federal agencies hits the nail on the head—that they Washington establishment types are often obtaining information from NSA surveil- cannot be regarded as relevant to any dismissive and derisive of the idea that lance. Reuters reports that the IRS got in- members of Congress should actually be re- FBI investigations required by the telligence tips from DEA’s secret SOD unit quired to read legislation before voting on statute without redefining the word and were also told to cover up the source of it—or at the very least be given the time to ‘‘relevant’’ in a manner that is cir- that information by coming up with their read it. There’s also a lot of Beltway scorn cular, unlimited in scope, and out of own independent leads to recreate the infor- for demands that bills be concise, limited in step with the case law. mation obtained from SOD. The interesting thing is that we want scope and open for public comment in their final form for days or weeks before they’re So let me explain what happens. We a body that works a little more like a voted on. If you’re looking for evidence once again use a lower standard, a non- court, and I know the Senator from showing why the smug consensus is wrong, constitutional standard, the standard Connecticut has been in favor of having here is Exhibit A. we are supposed to be using for terror- a special advocate and trying to make He is talking about the sneak-and- ists. We get information on people who it more like a courtroom. I think you peek and how if we had known what are not terrorists, who may or may not can only get the truth if you have peo- was in it, we would have known in ad- be committing an IRS violation. We ple on both sides. If you have people on vance that it was not really going to tell the IRS. They know it is illegally one side, it is an inevitability that the end up being used for terrorists and in- obtained information, so then they truth is going to be lost and you are stead end up being used for domestic look for another way to prove that this going to list in one direction. crime. information—other information that I think that will be a huge step for- He says: they can find—to prove the point that ward, but it does boggle the mind that This is also an argument against rashly they only knew about it from legally we can have them arguing that this is legislating in a time of crisis. On Sept. 11, obtained information. relevant to an investigation that has 2001, the federal government failed in most A startling new Reuters story shows one of not yet occurred because we are col- important and basic responsibility—to pro- the biggest dangers of the surveillance state: lecting data and then we are going to tect us from an attack. We responded by The unquenchable thirst for access to the mine it at some other time for some in- quickly giving the federal government a host NSA’s trove of information by other law en- vestigation. So it couldn’t be relevant of new powers. forcement agencies. to an investigation because there is not Assume that any power you grant to As the NSA scoops up phone records and yet an investigation when they are col- the Federal Government to fight ter- other forms of electronic evidence while in- lecting the data. And no FISA Court rorism will inevitably be used in other vestigating national security and terrorism leads, they turn over ‘‘tips’’ to a division of seemed to question that, so it concerns context. the Drug Enforcement Agency known as the me as to whether it is a very good kind The article goes on: Special Operations Division. FISA surveil- of undertaking at finding the truth. Assume that the primary ‘‘other context’’ lance was originally supposed to be used only So I think the Senator is exactly will be to fight the war on drugs. (Here’s an- in specific authorized national security in- right, and I believe there are things we other example just from this month.) I hap- vestigations, but information sharing rules

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.130 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3165 implemented after 9/11 allows the NSA to forcement agencies over bulk surveillance In one of the most public confrontations of hand over information to traditional domes- data, it now appears that these same agen- a top U.S. intelligence official by Silicon tic law-enforcement agencies, without any cies are working together to cover up when Valley in recent years, a senior Yahoo Inc. connection to terrorism or national security those data get shared. official peppered [NSA] director, Adm. Mike investigations. The Drug Enforcement Agency has been Rogers, at a conference on Monday over dig- But instead of being truthful with criminal the recipient of multiple tips from the NSA. ital spying. The exchange came during a question and defendants, judges, and even prosecutors Realize also that the NSA is supposed about where the information came from, answer session at a daylong summit on cy- DEA agents are reportedly obscuring the to be investigating foreign threats. The bersecurity. . . . Mr. Rogers spent an hour at source of these tips. NSA was not supposed to be doing any- the conference answering a range of ques- For example, a law enforcement agent thing domestically. We now have them tions. . . . could receive a tip from foreign surveillance, involved in bulk collection, but we also The tense exchange began when Alex and he could look for a specific car in a cer- now have them involved in drug en- Stamos, Yahoo’s chief information security tain place. officer, asked Mr. Rogers if Yahoo should ac- forcement. quiesce to requests from Saudi Arabia, But instead of relying solely on the tip, the The article continues: agent would be instructed to find his or her China, Russia, France and other countries to own reason to stop and search the car. DEA officials in a highly secret office build a ‘‘backdoor’’ in some of their systems that would allow the countries to spy on cer- Agents are directed to keep SOD called the Special Operations Division are assigned to handle these incoming tips, ac- tain users. under wraps and not to mention in cording to Reuters. Tips from the NSA are ‘‘It sounds like you agree with [FBI Direc- their reports where they got their in- added to a DEA database that includes intel- tor] Comey that we should be building de- formation. ligence intercepts, wiretaps, informants, and fects into the encryption in our products so If we are going to use standards that a massive database of telephone records. that the US government can decrypt,’’ Mr. are less than the Constitution for IRS This is problematic because it appears to Stamos said. . . . ‘‘That would be your characterization,’’ investigations, for drug investigations, break down the barrier between foreign counterterrorism investigations and ordi- Mr. Rogers said, cutting the Yahoo executive we ought to just be honest with people off. nary domestic criminal investigations. that we are no longer using the Con- Mr. Stamos was trying to argue that if stitution. If we are going to use the Because the SOD’s work is classified, Yahoo gave the NSA access to this informa- Constitution, then we shouldn’t allow DEA cases that began as NSA leads tion, other countries could try and compel evidence obtained through foreign sur- can’t be seen to have originated from the company [to do the same]. an NSA source. Mr. Rogers said he believed that it ‘‘is veillance and through a lower standard achievable’’ to create a legal framework that to be used in domestic crime. So what does the DEA do? It makes up a allows the NSA to access encrypted informa- (Mr. CRUZ assumed the Chair.) story of how the agency really came to the tion without upending corporate security Parallel construction, which is basi- case in a process known as parallel construc- programs. He declined to [be more specific]. cally getting surveillance tips and then tion, Reuters explains. Some defense attor- ‘‘Well, do you believe we should build using them and reconstructing and try- neys and former prosecutors said that par- backdoors for other countries?’’ Mr. Stamos ing to come up with a different reason allel construction may be legal to establish continued. probable cause for an arrest, but they said ‘‘My position is—hey, look’’— for why law enforcement stopped some- employing the practice as a means of dis- This is from Mr. Rogers, Admiral one, is something that really—if we are guising how an investigation began may vio- Rogers— not going to be honest about it, some- late pretrial discovery rules by burying evi- ‘‘I think that we’re lying that this isn’t one has to do something to fix this. dence that could prove useful to criminal de- technically feasible’’. . . . After an arrest was made, agents fendants. He said the framework would have to be then pretended that their investigation The report makes no explicit connec- worked out ahead of time by policymakers— began with the traffic stop, not with tion between the DEA and the earlier not the NSA. . . . the tip they got from our foreign sur- NSA bulk phone surveillance uncov- The back and forth came less than two weeks after Apple, Inc. chief executive Tim veillance agencies. ered by Snowden. The training document reviewed by Cook leveled his own criticism of Wash- In other words, we don’t know for ington, saying at a White House cybersecu- Reuters refers to this process as par- sure if the DEA’s Special Operations rity conference in California that people in allel construction. Division is getting tips from the same ‘‘positions of responsibility’’ should do ev- Senior DEA agents who spoke on be- database that has been the subject of erything they can to protect privacy, not half of the Agency but only on the con- multiple congressional hearings. We steal information. Mr. Rogers attempted to parry the ques- dition of anonymity said the process is just know that a special outfit within kept secret to protect sources and in- tions but also signaled he welcomed the de- the DEA sometimes gets tips from the bate. . . . vestigative methods. Realize they are NSA. Still, Mr. Rogers did little to deflect recent also keeping it secret from a judge, the There is another reason the DEA would accusations about the NSA activities. For defense lawyers, and the prosecution. rather not admit the involvement of NSA example, he refused to comment on recent Some have questioned the constitu- data in their investigations. It might lead to reports that the NSA and its U.K. counter- tionality, obviously, of this program. a constitutional challenge to the very law part stole information from Gemalto NV, a ‘‘That’s outrageous,’’ said Tampa attorney that gave rise to the evidence. large Dutch firm that is the world’s largest James Felman, a vice chairman of the crimi- Earlier this year, federal courts said that if manufacturer of cellphone SIM cards. nal justice section of the American Bar Asso- law enforcement agencies wanted to use NSA I think the accusations continue to ciation. ‘‘It strikes me as indefensible.’’ data in court, they had to say so beforehand mount. Everywhere we look, we see the Lawrence Lustberg, a New York defense and give the defendant a chance to contest anger beginning in our tech industry. lawyer, said any systematic government ef- the legality of the surveillance. Lawyers for We see them wondering about having fort to conceal the circumstances under Adele Daoud, who was arrested in a federal backdoor mandates built into their which cases begin ‘‘would not only be alarm- sting operation and charged, suspect that he product. ing, but pretty blatantly unconstitutional.’’ was identified using NSA information but I think the Senator from Oregon has Former Federal prosecutor Henry were never told. been great at pointing this out and has Hockmeier wrote: ‘‘You shouldn’t be Surveys show most people support the NSA’s bulk surveillance program strongly written several op-eds talking about allowed to game the system. You what the harm is of leaving basically a shouldn’t be allowed to create this sub- when the words ‘‘terrorism’’ or ‘‘courts’’ are included in the question. When pollsters portal or an opening for our govern- terfuge. These are drugs crimes, not draw no connection to terrorism, the support ment but one that may well be ex- national security cases. If you don’t tends to wane. What will happen when the ploited by hackers and may well be ex- draw the line here, where do you draw question makes clear that the intelligence ploited by foreign governments. it?’’ not only isn’t being used for terrorism inves- Does the Senator from Oregon have a This is an article from the Wash- tigations against foreign agents, but it is ac- question? ington Post by Brian Fung entitled tively being applied to criminal investiga- Mr. WYDEN. I think my colleague ‘‘The NSA is Giving Your Phone tions against Americans? has made the point with respect to our Records to the DEA. And the DEA is Some of the companies have begun to government—particularly the FBI Di- Covering It Up.’’ push back on the backdoor mandates rector—actually arguing that compa- A day after we learned of a draining turf that are coming from government to nies should build weaknesses into their battle between the NSA and other law en- get into our information. systems.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.137 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE May 20, 2015 I note my colleague has been on his long time, moves to begin to wrap up but to say to the leadership on both feet now for somewhere in the vicinity his comments this evening, I would sides and to all the Members that we of 9 hours, so I think we are heading like my colleague’s thoughts on the want an open amendment process, that into the home stretch. For people who impact of NSA collection of bulk the discussion of the Fourth Amend- are listening, I think they really are records on innocent Americans. I also ment is an important discussion and first and foremost interested in how would be interested in his views with that we shouldn’t run roughshod over this Senate, on a bipartisan basis, can respect to why we have not been able this by saying there is a limit and a come up with policies that ensure that to get the government to give straight deadline and we don’t have time for de- we both protect our privacy and our se- answers about the tracking of the loca- bate and we are going to put it off yet curity. As my colleague said, they are tion and movements of Americans with again. not mutually exclusive. cell phones that took place in the past. I thank the Senator from Oregon for So I think what I would like to do is I would be interested in my colleague’s helping to make it happen, but my wrap up my questioning tonight by thoughts on those two points. hope is that we can get an answer from talking about how this bulk phone Mr. PAUL. Well, I want to thank the the leadership of both parties that they record collection and related practices Senator from Oregon for the great are going to allow the amendments is an actual intrusion on liberty, and questions and also for being supportive that your office and my office have to start the conversation, you have to and really being the lead figure from been working on for 6 or 7 months now. first and foremost get through this the Intelligence Committee trying to Mr. WYDEN. My understanding of whole concept of metadata. We heard make this better. my colleague’s request—and that was my point of once again coming back to people say: What is the big deal about I think so often our Intelligence bulk collection of phone records, past metadata? And for quite some time we Committees don’t have enough people practices with respect to tracking peo- had Senators saying: What is every- who are really concerned with the Bill ple on cell phones, and any policies body upset about? This is just ‘‘inno- of Rights as well as national defense, so we get a one-sided view of things. I that may be examined for the future— cent metadata.’’ I think my colleague is saying it is Well, metadata, of course, is data think over the years you have been time to ask some tough questions. about data, but it is not quite so inno- able to continue this battle in a Many of these amendments we have cent. If you know who someone calls, healthy way, understanding both sides been working on are basically designed when that person calls, and for how of it, both with national security but also understanding that who we are as to address these issues where we long they talk, that reveals a lot of pri- haven’t been able to get answers in the vate information. Personal relation- a people is important and that we not give that up—that we not give up our past. ships, medical concerns, religious or After 9/11, it was clear the people of political affiliations are just several of most basic of freedoms in doing this. I think that power tends to be some- our country were worried and there the possibilities. Most people that I thing people don’t give up on easily. So was just a sense that if you were told it talk to don’t exactly like the govern- when you have power that you give to was about security, you were supposed ment vacuuming up private informa- people, you have to have oversight. It to say, OK. That is it. But that is not tion if those persons have done nothing is incredibly important that we do the kind of oversight the Congress— wrong. Now, this is especially true if have oversight on what we are giving particularly after we had a time stamp the phone records include information up, but it is also important that we see on the PATRIOT Act, we all thought it about the location and movements of what has gone wrong. The FISA Court was going to end, and then it was time everyone with a cell phone. And we model hasn’t worked to oversee and to start asking the tough questions. have not gotten into this in the course regulate the NSA, because when finally And not enough tough questions have of this evening, but I want to take just a real court looked at this, when fi- been asked. And my colleague in the a minute because I think, again, it nally the appellate court looked at amendments we are talking about real- highlights what the implications are. this, what we find is that the appellate ly seeks to get answers and use that in- I have repeatedly pushed the intel- court was aghast that basically they formation to change practices on a lot ligence agencies to publicly explain were maintaining that this was rel- of these areas that have really gotten what they think the rules are for se- evant to an investigation. short shrift in the past. I appreciate cretly turning American cell phones Apparently, the way the process my colleague talking about the FISA into tracking devices. They have now worked was the NSA said it was rel- Court in connection with this. This is, said that the NSA is not collecting evant, but there was no debate or dis- for listeners, the Foreign Intelligence that information today, but they also pute. It was just accepted at face value. Surveillance Act Court—certainly one say the NSA may need to do so in the I thought the privacy commission put of the most bizarre judicial bodies in future. And General Alexander, in par- it pretty well when they said: Well, our country’s history, created to apply ticular, failed in a public hearing to how can it be relevant to an investiga- commonly understood legal concepts, give straight answers about what plans tion that hasn’t yet occurred? We are such as probable cause, to the govern- the NSA has made in the past. collecting all the bulk data and we are ment’s request for warrants to track Now, to be clear, I don’t think the going to query it when we have an in- terrorists and spies. But over the last government should be electronically vestigation. You can’t argue that it is decade, the FISA Court has been tracking Americans’ movements with- relevant to an investigation when tasked with interpreting broad new out a warrant. What is particularly there is no such investigation occur- surveillance laws and has been setting troubling to me is there is nothing in ring while they are collecting the data. sweeping precedents about the govern- the PATRIOT Act in addition that lim- The privacy commission said that basi- ment’s surveillance storing, all of it its this sweeping bulk collection au- cally we are turning words on its head being done in secret. thority to phone records. Government if we are saying something like this is And I will say—and I would be inter- officials can use the PATRIOT Act to relevant. ested in my colleague’s thoughts on collect, collate, and retain medical So I think the American people are this—that it is time that the court’s records, financial records, library ready for it to end. The American peo- significant legal interpretations be records, gun purchase records—you ple think the bulk collection of our made public—be made public so there name it. Collecting that information in records with a generalized warrant is a are no more secret laws; that the peo- bulk, in my view, would have a very mistake and ought to end. I think we ple of this country have the chance to substantial impact on the privacy of are working very hard, and at this engage in debate about laws that gov- ordinary Americans. point our hope is that between your ac- ern them. I also think there ought to I want to be clear, I am not saying tions and my actions, that hopefully be somebody there who can say on this is what is happening today, but I leaders of your party and my party will these questions where there are major want to make equally clear this is agree to allow amendments to the PA- constitutional implications, there what the government could do in the TRIOT Act. ought to be somebody there who can future. So my question, as my col- The goal of being here today has been say: Look, there may be other consid- league, who has been on his feet for a to say not only to the American people erations than the government’s point

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.138 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3167 of view. But transparency here is crit- mising our safety. Let’s check them still being floated from this adminis- ical so that Congress and the courts off: bulk phone collection, millions and tration that there are article II pow- can hold the intelligence community millions of phone records of law-abid- ers? There is a debate going on over accountable. I want to mention, once ing Americans; the Executive order No. this Executive Order 12333. The ques- again, we are talking about policies. 12333 that we talked about today, an- tion is whether people are still trying We are not talking about matters that other very important area; and then to maintain that Congress has no abil- are going to reveal secret operations or section 702, the Foreign Intelligence ity to oversee or review it? sources and methods. We are talking Surveillance Act area, where a for- But I have seen, at least in the lay about policy. eigner is the target and the records of press—I think they say in the lay press So I think it would be helpful, again, Americans are swept up. So I think we that there is some special investiga- as we move to wrap up, if my colleague are addressing exactly one of the con- tion. Without going into detail, is from Kentucky could outline some of cerns that has come out in the last few there some kind of investigation or the reforms in the foreign intelligence days with respect to what Americans evaluation of the Executive order being court area that he thinks would be are concerned about. done by us or one of the congressional most helpful in terms of promoting I know there has just been a brand- bodies? That was in the lay press. transparency and accountability, that new major survey that has been done. Mr. WYDEN. Yes, what I can tell you do not compromise sources and meth- My colleagues may have touched on it is that I think there have been some ods—because I think my colleague has sometime in the course of the day. changes, some improvements. But it some good ideas in this area—and Americans particularly want to know continues to be a challenge. The re- what, in my colleague’s view, would be what information about them is being ality is you kind of look back from most important with respect to getting collected and who is doing the col- that period. In those early days, for ex- reforms in this secret court in a way lecting. In each of these three areas ample, John Poindexter made a pro- that would ensure more transparency that I mentioned, there are substantial posal for something called Operation for the public and still protect our val- questions with respect to the privacy Total Information Awareness. It would iant intelligence officials who are in rights of Americans. have been the most sweeping invasion the field. Mr. PAUL. Well, one of the com- of privacy, in my view, in the country’s Mr. PAUL. I think that is a good ments that we went through tonight history. We decided, much like when question, and the Senator’s office and was an opinion by one of the attorneys my colleagues talked about those early my office have worked for a while to in the Bush administration. They said, interpretations in the Bush adminis- try to come up with FISA reforms. One basically, that there were authorities tration, that this was an unacceptable of them is sort of in the USA FREE- that they were given that were inher- expansion of executive branch power. But it was not until a young intern DOM Act but maybe could be better, ent authorities under article II that who was in our office late one night saying that there ought to be a special gave them the right to collect data on found some of the true excesses of this advocate so there is an adversarial pro- Americans. But they also then con- project—in fact, this young intern ceeding. cluded by saying that Congress had no found that the program would actually One of the problems in the USA business at all reviewing this data; encourage, as part of an experiment, FREEDOM Act, as it is written, is that that there was no authority—that they debate about assassinating foreign the advocate is only appointed by the were basically powers given to the leaders. People just found that so out FISA Court and doesn’t have to be ap- President and that Congress has no of the mainstream that when we pointed by the FISA Court. It may well ability—I guess I would be interested, brought it to light, Operation Total In- be that a FISA Court that has given a in the form of a question, if the Sen- formation Awareness was gone within rubberstamp to bulk collection may ator can answer whether he believes about 48 hours. not be as inclined to give a special ad- there are article II powers of surveil- So we have seen—my colleague high- vocate. lance of American citizens that Con- lighted the Bush administration pro- I also think it is important, as the gress has no business questioning? posal to basically have unchecked ex- Senator mentioned many times, that Mr. WYDEN. My colleague is—and I ecutive branch power in Operation we should get outside of a secret court remember those days well—basically Total Information Awareness. My col- to a real court, where you really have summing up the argument of the Bush league asked about 12333, which we an advocate that is actually on your administration. I and others pushed have been reviewing. side, I think allowing for an escape back and pushed back very hard, be- So, yes, it is going to remain an on- hatch for people to appeal. cause it would essentially, if taken to going concern, an ongoing challenge, For example, if you are being told by this kind of logical analysis, basically because I think there is a sense that a FISA Court that bulk collection of strip the legislative branch of its abil- the executive branch is the only one all the phone data in our country is ity to do vigorous oversight. that can really deal with this kind of legal, you should have a route to an ap- So my colleague has summed up information in a timely kind of fash- pellate court, an automatic route out what was the position of the Bush Ad- ion. Well, what we have seen, with re- of FISA to an appellate court. I think ministration. But like so many other spect to bulk phone record collection, the appellate courts are fully capable positions that were taken during that is that this has been a program that of redacting, going into closed session period of time, once there was an op- has not been about timely access to if they have to, but then you have a portunity to make sure people under- relevant information. real trial, with a real advocate on both stood how sweeping it was—what my Experts with national security clear- sides. I think that is important as well. colleague has described is an extraor- ances—we talked about those individ- I do have one question or a question dinary sweep of executive branch power uals this afternoon—said this program that you may be able to reframe into a basically relegating any role for con- does not make us safer, and we could question; that is, can you give the pub- gressional oversight to that much—and get rid of it and obtain the information lic a general idea of what percentage of not on the central question. So my col- by conventional sources. So I think we the overall problem of collecting Amer- league has summed up what the Bush have begun to reign in this unchecked icans’ data is in the form of bulk data administration said in those early executive branch power. I think a big and what percentage do you think is days. part of it has been the very valuable coming from Executive order and what I had joined the Intelligence Com- work my colleague has done in terms do you think is coming from the 702 mittee shortly before 9/11. I was struck, of trying to highlight these kinds of backdoor collection of data. because this really was the first exam- practices and why I have appreciated Mr. WYDEN. I would say that all of ple I saw of just how some in the execu- the chance to work closely with my the matters we have talked about this tive branch would try to lay out a the- colleague since I came to the Senate. afternoon, this evening, would be sig- ory of executive branch power that Mr. PAUL. I think one of the most nificant concerns with respect to en- really just takes your breath away. exciting things probably is the court suring the liberties of the American Mr. PAUL. I guess a followup to that case—the Second Circuit Court of Ap- people are protected without compro- would be this: Are those arguments peals—and their ruling. My hope,

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.133 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE May 20, 2015 though, had been that it would go to tension. That has been the pattern 1791, says: ‘‘The right of the people to the Supreme Court. My understanding year after year, every time there has be secure in their persons, houses, pa- is it has been remanded to a lower been an expiration of the act. pers, and effects, against unreasonable court. I think one of the things that we I think what has been shown today is searches and seizures, shall not be vio- really need is that we need a ruling that kind of business as usual is just lated, and no Warrants shall issue, but that updates Maryland v. Smith. We not going to be acceptable any longer. upon probable cause, supported by need a ruling that talks about the fact You have made that point. I want it Oath or affirmation, and particularly that most people’s records are being understood that we are going to be pur- describing the place to be searched, and held in a virtual fashion. I think there suing the effort to make sure that this the persons or things to be seized. needs to be a ruling that comes from time we are not just going to re-up a These are not idle words. They are the Court that acknowledges that you bad law, re-up a flawed policy and say not surplusage. They are not there just still retain a privacy interest in your that it is OK to continue a program. for ornamental purposes. They are records, even when they are being held This was reauthorized, in effect, by there to put important limitations on outside of your house. the President a few months ago. This is the power of government, to make sure The idea of old fashioned papers in going to be the last extension. This has that when government goes after your house—the concept is good, that got to be the last extension. I am com- things—things that are important to we should protect that privacy. But I mitted to working closely with the our personal lives, things that are part think also the concept technologically Senator and our colleagues to make of our houses, things that are part of is that you know you will not have pa- sure that that is the case and to take our papers, our personal effects—those pers in your house, but you will have the steps necessary to ensure this is fi- things cannot just be grabbed ran- private matters that will be held vir- nally the last extension of a badly domly by government. tually outside the house—and whether flawed law. I thank my colleague for Government has to have a reason for or not the Fourth Amendment protects his good work. going after them, and government has those. You often have advocates from Mr. PAUL. Thank you. I think the to be constrained in some meaningful the government who say that the American public is ready to end bulk way in the way it goes after them. fourth amendment does not apply to collection. I think there is a bipar- When the government relies on a any records once they are outside your tisan, across-the-aisle approach that warrant, the warrant needs to describe house or in other hands. I really think people want to end bulk collection. The the things or the places to be searched that you do not give up your privacy time is now. We cannot keep extending with particularity. The people subject interest when you let someone else this. to them need to be identified with hold your records, that you still main- I think probably the biggest deal is some particularity. tain an interest in privacy even though that the PATRIOT Act does not even And, you know, these words were someone else holds these records. justify this. This is a program that meant to be flexible. They were meant Mr. WYDEN. I think my colleague needs to end because even those who to be molded from time to time in dif- has made an important point with re- read the PATRIOT Act, even those who ferent circumstances. They are not ab- spect to the Smith case. The Smith love the PATRIOT ACT, acknowledge solute in their terminology, and that is case was not made for the digital age. that the PATRIOT Act does not even one of the reasons they have endured That is a big part of what we have give permission for this. This is some- for well over two centuries and why sought to do throughout this debate, is thing we are doing that there is no per- they have been able to adapt to to try to make sure that people really mission for. It has to end. I think the changes in technology. But there is not understand the implications in the dig- American people will be very dis- any reasonable construction of this ital age of what these policies, you appointed in us as a body if it does not language that I think can countenance know, mean for their privacy. end. what the NSA is doing and what we are I see my colleagues are on the floor This is the time to do it. I agree with talking about here, which is the bulk and I want to give them some time. the Senator. We are going to do every- collection of telephone metadata. But since you mentioned this question thing we can to stop it. I see the Sen- Now, what is happening is that the of the court cases, I think there was ator from Utah. Does the Senator from NSA is getting these orders, these or- really striking language recently by Utah have a question? ders from the Foreign Intelligence Sur- Judge Leon of the U.S. District Court Mr. LEE. I do. At the outset of my veillance Court, and these orders basi- for the District of Columbia, talking question, I would like to point out that cally tell the telephone service pro- about what the scooping up of all of while I disagree with you, Senator viders: Give us all your data. Give us these records really means. Judge Leon PAUL, with regard to the specific ques- all your records, all of them. We don’t said, ‘‘a few scattered tiles of informa- tion of whether we should allow section really care whether they are relevant tion’’ when collected in mass, can ‘‘re- 215 of the PATRIOT Act to expire in its to an ongoing investigation of a par- veal an entire mosaic’’ about a person entirety, I don’t believe we need to do ticular person or of a particular ter- including their religion, their sexual that. I would prefer that we pass the rorism ring or a particular foreign in- orientation, medical issues, and polit- USA FREEDOM Act as passed by the telligence group of activities. We want ical affiliations. House of Representatives by an over- all of them. Send all of them to us. We So you combine what the judge has whelming margin of 338 to 88 last week. are going to put them all in a database described, I think correctly, as bulk While we disagree on that issue, I ab- and we are going to search them when collection, outdated court cases such solutely stand with you, Senator PAUL, we feel like it. as the Smith case, which really was and I believe with the American peo- Now, I don’t dispute the claim made not updated in terms of what we would ple, on the need for an open, trans- by the NSA that there are a limited be facing in the digital age, and I think parent process and debate regarding number of people who have access to this really combines to create policies this issue. I also stand with the Sen- this database, nor do I dispute, at least that have a chilling effect on liberty ator with regard to the belief that bulk for purposes of this discussion I am not and liberty for innocent law-abiding metadata collection is wrong. It is not going to dispute—and I have no basis Americans. something that we can support. It is for refuting—the assertion that the So I want to say it again to my col- not something that the American peo- people who work at the NSA are well league who is now approaching 10 hours ple feel comfortable with and that it is intentioned, that they have our na- on his feet. I very much appreciate his incompatible with the spirt if not the tional security interests at heart, that focusing on these issues. We have a lot letter of the Fourth Amendment to the they are there to protect us. of work to do because we know that Constitution of the United States that But even if we don’t dispute any of there has been a pattern in the past we have all sworn an oath to uphold those things, even if we accept all of where when we really get down to the and protect and defend. those things as a given, we have to ac- final days—the last couple of days— Let’s remember the text of the knowledge the very real risk that the there is always a lot of pressure to go Fourth Amendment. The text of this same people who work there now might along with some kind of short-term ex- amendment, penned in 1789, ratified in not be—in fact, we are certain they

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.139 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3169 will not be—the same people who work of 1,000 phone numbers over the last 5 aware of any evidence that such abuse there 1 year from now or 2 years from years, then that is 1,000 numbers. Then is occurring. And I am willing to as- now or 5 years or 10 years or 15 years the NSA goes out one hop beyond that sume, for purposes of this discussion, from now. and connects each person, each phone that is not occurring, that the men and And we know something about number with whom the original person women who work at the NSA have human nature, which is that humans, had contact. Let’s assume that each of nothing but the best interests of the when given power, will sometimes those phone numbers had, in turn, con- American people and American na- abuse that power. Sometimes they will tact with 1,000 phone numbers. You get tional security at heart. abuse that power to the detriment of to 1 million phone numbers pretty But how long will this remain the others. Sometimes they will do it for quickly. case? And how safe, how fair is it of us personal financial gain. Sometimes But each time the NSA collects these to assume that will always be the case? they will do it for political gain. Some- data points, each data point taken in We can scarcely afford—for the sake of times they will do it in order to further isolation might not say much about our children, our grandchildren, and certain agendas. that person. But as our friend and our those who will come after them—we That is exactly why it is so impor- colleague from Oregon noted a few cannot afford to simply assume this tant to put boundaries around the au- minutes ago, it is by using that com- will always be the case. thority of government. That, of course, bination of data points, by aggregating We have to remember what happened is what the Constitution is. This is our all of those data points together, some- a few decades ago when Senator Frank set of boundaries. This is our fence one can tell an awful lot about a per- Church and his committee looked into around government authority. It is son. wiretap abuses that had happened there for a reason. It is there to make In fact, there are researchers who, within the government. We have to re- sure the American people are protected having used similar metadata and member the Church report that was re- against government. similar sets of metadata in their own leased at the end of that investigation. So, first, the Founding Fathers put in databases, have concluded that they That report concluded that every place this structure that explained how can tell what religion a person belongs Presidential administration from FDR government would work. It established to, what political party someone be- through Richard Nixon had utilized law the government, and then it carefully longs to, their degree of religiosity, enforcement and intelligence-gathering positioned this series of fences around and their degree of political activity. agencies within the Federal Govern- the government to make sure power They can tell what someone’s hobbies ment to go engage in political espio- wasn’t abused against the people. are. They can tell whether they have nage. So that technology, which was It is interesting, when the PATRIOT children, whether they are married. then only a few decades old, had been Act was enacted and when it was subse- They can tell how healthy they are, abused. It had been abused for a long quently reauthorized several years what physical ailments they might suf- time. The abuse of this technology had later, Congress put in place a relevance fer from. In many instances, they can gone, of course, unreported for many requirement. Congress put in place—in tell what medications they are on. And decades, but it had nonetheless been section 215 of the PATRIOT Act—a re- all of these things are made more effi- occurring. quirement that the business records cient by virtue of the automation in Again, I don’t know, I can’t prove it. that were obtained by the NSA, pursu- this system. I have no evidence that such abuse is ant to section 215 of the PATRIOT Act, So while it is true people point out going on right now. But I think all of had to be relevant to an investigation, that under section 215 of the PATRIOT us, in order to be honest with our- relevant to some things they were Act, under this particular program, the selves, would have to acknowledge that doing. NSA is not listening to telephone con- there is at least some risk that if it is Here again, as with the language of versations. They are not listening to not occurring now, at some point it the Fourth Amendment of the Con- them. will occur in the future. This tempta- stitution, there is some play in the Interestingly enough, this is very tion is simply too strong for most mor- joints of the term ‘‘relevance.’’ Some often a straw man argument that is tals to resist, particularly in an area things might be relevant in one situa- thrown out by those who want to make such as this where there is, with good tion and not another. Whether it is rel- sure that section 215 of the PATRIOT reason, very little ability for the out- evant is going to depend on a lot of Act is reauthorized without any re- side world to observe what is going on facts and circumstances pertinent to forms. They claim that those who are inside that particular government the investigation in question, but it opposed to this type of action are out agency. stretches the term ‘‘relevant’’ or the there falsely claiming that the NSA is Now, that is exactly why I happen to concept of relevance beyond its break- listening to phone calls over this pro- support what was passed by the House ing point, beyond any reasonable defi- gram. of Representatives last week. What was nition. Well, that accusation of falsehood is, passed by the House of Representatives If you deem something to be rel- itself, false. That accusation of false- last week in the form of the USA evant, so long as it might in some fu- hood is, itself, a straw man effort. It is FREEDOM Act was something that ture investigation—one that has not a red herring. It is a lie. It is a lie in- would require the NSA to, instead of yet arisen—become relevant, such that tended to malign and mischaracterize going out to all the telephone compa- you had to gather every record of every those of us who have genuine, legiti- nies and saying, send us all of your phone call made in America, such that mate concerns with this very program, records, we want your calling records, NSA wants to go after every record of because the fact is we don’t make that just give us your records, we don’t care every phone call made by every Amer- argument. The argument we are mak- whether it is relevant to a particular ican going back 5 years, storing that ing is that the NSA doesn’t even need phone call, particular to a specific series of records in a single database to do that. The NSA can tell all kinds number that was itself involved in ter- that can be queried for up to 5 years in of things about people just by looking rorist activity or foreign surveillance advance. at that data. activity, we don’t care about that, just Let’s just go through this exercise Because it is automated and because send it to us—far from doing that, what for a minute. Think to yourself, how it is within a system that operates the USA FREEDOM Act would require many phone calls have I made in the with a series of computers, they can is for the government to show that last 5 years? How many distinct phone tell very quickly it is a lot less human they needed records related to a tele- numbers have I called in the last 5 resource-intensive than it would be if phone number that was itself involved years? they were having to listen to countless in some kind of activity. They Well, if somebody has called 1,000 hours of phone conversations. It is a wouldn’t have the ability to go to all phone numbers—or, let’s say, made lot more efficient. the phone companies and just say send phone calls to 500 phone numbers and Again, I want to be clear. I have no us everything. received phone calls from another proof that the NSA is currently abus- They would instead have the power group of 500 phone numbers, for a total ing this particular program. I am not to get a court order, to get those

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There is a type of constitu- turn, having some kind of communica- trade promotion authority bill as soon tional injury even though we can’t tion with someone involved in those as we had properly disposed of this leg- point to anything secondary from that. activities. islation, as soon as we had finished de- We can’t point to any horrible sec- Not all of us agree on this and, Sen- bating and discussing it, voting on ondary effect from it; it is in and of ator PAUL, you and I don’t agree on amendments and voting on the legisla- itself wrong. this particular bill, but we do agree on tion. The wrongness of this program can the underlying issue. And we also agree I am a big believer in free trade. I be illustrated when we take to its log- that the Senate works best, that the like free trade. I think free trade is ical conclusion the very arguments Senate serves the American people well good. I would like to see us get to both presented by the NSA for this type of when it lives up to its self-described of these pieces of legislation. But im- activity. Let me explain. The metadata reputation as being the world’s great- portantly, H.R. 2048 is a piece of legis- that is collected by the NSA right now est deliberative legislative body. We lation that has kind of a fuse attached relates exclusively to telephone calls. would all be better off if we were able to it. Section 215 of the PATRIOT Act The records they collect involve to put this bill on the floor right now— is set to expire at the end of this records of who you call, when you if this bill were able to come to the month, and many of us believe we called them, who calls you, when they floor and it were subjected to open, ought to at least have a debate and dis- called you, and how long the phone call honest debate and discussion so the cussion before that happens, a debate at issue lasted. That is it. American people could see we were de- and discussion about what, if anything, But if the NSA is correct in its inter- bating this and so that you, Senator would take its place, about whether we pretation of section 215, which it is not, PAUL, and some of our other colleagues need something to put in its place and but if it were correct, there is abso- who have ideas as to how we could if so, what that might look like. So lutely no reason why the NSA could make this legislation better would that is why we made this request. This not also collect a number of other have the opportunity to introduce, in request we regarded as a very reason- types of metadata—metadata records, the form of an amendment, improve- able one was, unfortunately, one that for example, involving the use of your ments to this legislation. drew an objection, so we were not able credit card, involving hotel reserva- I heard you outline quite articulately to bring it to the floor. tions, involving airplane reservations, just a few hours ago some very The U.S. Court of Appeals for the metadata regarding emails you have thoughtful reforms, some very well- Second Circuit, based in New York, re- either sent or received, who you sent thought-through improvements, cently addressed this issue of whether them to and who you received them amendments that you would make to section 215 of the PATRIOT Act can ap- from, your Internet traffic, where you this legislation. I think we would all be propriately be read to authorize the have purchased online, who has pur- better off if we took that kind of ap- NSA to engage in this bulk metadata chased something from you online, and proach. collection program. The U.S. Court of all kinds of things. From that Now, we have seen in the last few Appeals for the Second Circuit an- metadata, they could clearly paint a months what can happen. When we swered that question in the negative much more vivid picture of you, a pro- came back in January, we saw that the and concluded there is no statutory au- file built as a mosaic from a billion desks in the Senate Chamber had been thority for the NSA to collect this type data points. They can tell everything rearranged. Many of us were pleased. of metadata. It doesn’t have the au- about you from that type of metadata. We didn’t shed a tear at the realign- thority. It cannot collect bulk Sure, the NSA is not collecting that ment of the desks, and we have noticed metadata on this basis. type of metadata right now. They are that this realignment of the desks re- As the Second Circuit concluded, the not doing it right now. But if we reau- flected a change in the political atti- business records sought under that pro- thorize this without limitation, if we tude among Americans. But, more im- vision have to be relevant. There has to reauthorize section 215 of the PA- portantly for us, it was the precursor be some relevance to something they TRIOT Act and we don’t include any to some very positive developments in are investigating. And of course their kind of restriction on it, there is abso- the Senate. only relevance here, under this pro- lutely no reason why the NSA couldn’t We saw that within just a few weeks gram, is that they exist; it is that they conclude tomorrow or next week or a after this shift in power had occurred, represent phone calls made by someone year from now or later that it wants to we had cast more votes on the floor of in the United States, that they were collect this kind of data as well. the Senate than we had in the entire made under a telephone network in the I would suspect nearly all Americans previous year. Within a few months, we United States. That can’t be the an- would be shocked and horrified to had cast more votes on the floor of the swer. That cannot reflect a proper un- think the NSA could and would and Senate than we had cast in the 2 years derstanding of this concept of rel- might at some point in the future col- previous to that. This was a good sign. evance that is in section 215 of the PA- lect that kind of information on where This is a good sign. It is not just be- TRIOT Act. It can’t, and it doesn’t. you shop online, your credit card bills, cause we are here and we cast votes; it This court ruling is one of the many your hotel reservations, things like is because those votes represent some- reasons why we need to be having this that, things that could easily be con- thing—they represent the fact that we debate and why we shouldn’t be willing nected back to an individual and easily are actually debating and discussing to simply reauthorize section 215 of the give rise to abuse either for partisan and we are allowing each Senator to PATRIOT Act with the understanding political purposes or for some other ne- have his or her views heard. We are that the NSA will continue operating farious purpose. putting ourselves on record as to what this program as is if we reauthorize it. I also want to point out that those we believe represents good policy and It is one of the reasons why I have who are in favor of this program and what does not. been so insistent on having this discus- those who vigorously defend its con- I think we would be in a much better sion and so unwilling to support even a stitutionality routinely rely on a deci- position to address the national secu- shorter term reauthorization of the sion rendered by the Supreme Court in rity needs of our great country if we PATRIOT Act—because they are inter- the late 1970s in a case called Smith v. had such an opportunity with respect preting section 215 in the PATRIOT Maryland. They point out that in to this legislation. That is one of the Act beyond its logical breaking point. Smith v. Maryland the Supreme Court reasons I came to the floor yesterday, We have to remember that the Con- upheld the constitutionality of some along with one of our colleagues, the stitution is worth protecting. It is police activity that involved the col- senior Senator from Vermont, and worth protecting even when we can’t lection of calling data. The Supreme

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Maryland was decided cor- would you want to do that? world of difference between a private rectly, but let’s assume for a minute it He said: Well, I think it is a great business entity having those records was decided correctly and just address idea because it is the only way you and the government having those the fact that it is a decision that re- wouldn’t lose your phone. records. mains on the books. It is precedent Only then did we realize what he was The worst thing that a private busi- that is followed throughout the courts saying. Only then did we realize that ness can do is perhaps send you too of the United States. That is fine. Let’s what he was telling us was that during many emails that you don’t want ask- just accept the fact that it is on the his lifetime, he had never seen in our ing you for more business or maybe it books. But it is very, very different— home a phone that was attached to the can give some of your personal data to not just quantitatively different but wall. He had seen cell phones and he somebody else who will in turn make also qualitatively different—when you had seen cordless landline phones, and phone calls you don’t want to receive are dealing not with one target of one he had seen telephones get lost from or send you emails you don’t want to single criminal investigation and not time to time. receive. just with maybe a few weeks of calling So our technology does change, and That private business has no ability records but when you are dealing with as our technology changes, we have to to put you in prison. That private busi- 5 years of calling records not on one take that into account. Well, our tech- ness has no ability to levy taxes on person, of one target in one criminal nology has changed now to the point you. That private business has no abil- investigation by one group of law en- where our government can learn all ity to make your life a living hell in forcement officers, but 300 million peo- kinds of personal facts about us the same way that your government ple stretched out over 5 years. through metadata, through the type of has the ability to do those things—not That calling data becomes more sig- metadata involved here, and it is only just the ability but, lately, with in- nificant, moreover, when Americans getting more and more this way every creasing frequency, with strong and become more attached to their tele- single day as we transact more and seemingly irresistible inclination. phones, when their telephone isn’t more of our day-to-day business over This is not a victimless offense something that is just plugged into the our telephones and as our telephones against the spirit and, arguably, the wall but something that is carried with become more sophisticated, more port- letter of the Constitution. These kinds them every moment of every day. This, able, and more capable of processing of things have real-world ramifica- by the way, adds to the potential list of more and more data. tions. They ought to be troubling to all metadata that could be collected be- The text of the Fourth Amendment I of us, and we ought to want to do some- cause of course many people now have quoted just a few minutes ago is still thing about them. telephones that track their location. I very relevant today. The fact that the So for these reasons, Senator PAUL, I don’t see any reason why, based on the Fourth Amendment refers specifically would ask you, don’t you think it interpretation of section 215 of the PA- to the right of the people to be secure would be much better to put this bill TRIOT Act and the interpretation of in their persons, their houses, and their on the floor now and allow for an open the Fourth Amendment that the NSA papers and effects is still relevant amendment process, one in which you has put forward, they couldn’t start today and should remind us of the fact and each of our other colleagues could collecting the location data as well, that our persons, our houses, and our have an opportunity to provide input, which would further undermine privacy papers and effects more and more real- to try to improve the legislation, and issues. ly become a part of this—they really to try to do something meaningful So Smith v. Maryland, whether you become a part of our telephones. like it or not, is precedent. It is prece- with this legislation, rather than just Our papers are not always physical dent that is followed by the courts in simply ignore it, pretend it didn’t papers. More and more, they are not. America, but it is not the end of the exist, sweep it under the rug or wait Increasingly, we are even asked to sign story. It certainly doesn’t get you over until we are up against a cliff—this documents that previously would have the hump when it comes to this type of critical cliff between when the Senate, been physically signed on a hard copy, collection. Saying that what was cov- much to my chagrin and the chagrin of a stack of papers—increasingly you can ered by Smith v. Maryland is the same many of our colleagues, is set to ad- do business transactions without ever thing as what the NSA is trying to do journ and leading up to the moments handling a physical paper. Increas- here is a little bit like comparing a when this program is set to expire? pony ride to a ride to the Moon and ingly, you can do those things elec- Wouldn’t we be better off to take this back. They both involve some form of tronically. People often prefer to do it up and debate this under the light of transportation, but they are worlds that way. It saves time. It saves day, under the view of the American apart, drastically different, and so money. But as more and more of our people? much so that they can’t really even be lives are played out on these portable Mr. PAUL. I think the Senator from compared. digital devices, it becomes more and Utah asked a great question, and I Our technology has changed dramati- more important for us to be remember think he framed the debate over the cally over the years—so much so that there are Fourth Amendment ramifica- Fourth Amendment very well. if we don’t stop and think about it, we tions when the government wants to I think if we asked to put the bill on might not even recognize it. get involved in what we do on those the floor at this hour, we may not be A few years ago when my son James same devices. able to find anybody awake to ask per- was about 10 years old, he came up That is why it is not really fair any mission to have the bill this evening. with a really good idea that he an- more to simply rely reflexively on We haven’t been able to locate anyone nounced to us. He said: You know, I Smith v. Maryland to say this is all to get the bill this evening, so I am have been thinking about it, and I am constitutional, nor is it fair to say that afraid we will have to say no. going to invent something. your phone company already has this But we have been asking for a full We said: What is that? record, so there is no reason why the and open debate. Your solution, as well He said: Well, I am going to invent a government shouldn’t have it. I actu- as mine, as well as Wyden’s, as well as telephone that is attached to the wall. ally don’t even see that comparison. other’s, is to have a full debate on the It will be attached to the wall so it Some people think this is somehow floor for this. can’t be removed. It will have a wire persuasive. I don’t find it persuasive at There were a couple of things you that runs into the wall, and that is how all. There is a world of difference be- said that I thought were particularly the telephone will work. tween allowing a private business with worth commenting on.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.143 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE May 20, 2015 People say that because there is no This is one of the additional things I eventually be some legal injunction evidence that the program is being would like to do because we don’t get against what the government is doing. abused, there is no evidence that we to talk about this very much. We have But for goodness sake, it perplexes are searching the records of certain the ability, and we are talking about me that the President says: Oh, yes, we people of certain race or religion or the bulk collection of records, but we need a balanced approach, and I am lis- abusing people for some reason, that is should also talk about whether we tening to my privacy commission. I am proof somehow that no abuse is occur- should have hundreds of thousands of listening to the review board. Yet I cre- ring. warrants written by policemen, by FBI ated this out of whole cloth as an Exec- But I agree with you that the collec- agents. I think warrants should have a utive order, and I am unwilling to stop tion alone is an abuse in and of itself. check and balance where you have a it even though the appellate court has To me, the basic point and the biggest judge. told me it is illegal. part of the point is that what we are There is something that is so civil- He is unwilling to stop it. I think dealing with is something that is a izing and something that levels the that sort of defines disingenuous—that generalized warrant. playing field and keeps abuse from hap- he is going to stop it as soon as Con- There is nothing specific about col- pening when a policeman tonight in gress stops it. lecting all of the records from all DC, in front of a house, who wants to It is so hard to get anything done Americans all of the time. There is go in, is calling someone who is not in here. We have had vast majorities—not nothing specific about the name hot pursuit and who hasn’t just had a only for the USA Freedom Act but for ‘‘Verizon.’’ I tell people that I don’t physical altercation with the people Thomas Massey’s act. We had a vast know anybody named Mr. Verizon. So they are chasing—someone who is dis- majority over there to defund it—for that can’t be a specific individualized passionate and unconnected to the heat JUSTIN AMASH, for defunding things warrant. That is a general warrant. of the crime—who is going to give per- that we were doing—big majorities. It That is what we fought the Revolution mission for this policeman to go into a is another evidence that the Senate is over—to individualize warrants, to in- house. further distanced from the people, that dividualize what we were requesting, We say that a man’s house is his cas- the House is closer. They are hearing and, above all, probable cause. tle, and he can defend it. That was the the message stronger. We accepted a lower standard to go whole idea—that things within the cas- I think the message is a strong one, after foreigners, to go after terrorists. tle were the man’s or woman’s, we and the message is that nobody—I And part of me says that maybe we would say now. But it is not only that mean, really, the vast majority of could do that just for terrorists. But your records are in the castle anymore. Americans are very unhappy with hav- now we are using it for domestic crime. They are in the cloud. And records are ing all of their records collected. That One of the biggest things I would like virtual. We have whole households that really to me gets back to the whole to change is that nothing within the have no paper records. idea of whether we should accept or PATRIOT Act or any of this could be The amazing thing about records is validate general warrants. It is still used to convict somebody in a domestic they are now saying that with part of my concern, a little bit, with court. metadata records, they can discover the reform. I want the reform—it could Section 213—sneak-and-peak—99.5 more than we could have discovered in go a long way if we no longer have the percent of the time is used for domestic a lifetime of looking at your personal ability to put the word ‘‘corporate’’ in drug crime now. We have the NSA letters in your house, because so much there and if it were specifically individ- sharing data that is supposed to be col- information is there, so much can be uals. And I think we have a chance to lected on foreigners with the domestic connected between the dots between all go maybe even a little further than we DEA and then making up another sce- of these things. have gone in the reform that is being nario where they might have heard I am still not convinced that we offered to say that we shouldn’t be able about this. But they didn’t really hear aren’t collecting data on credit cards, to request all of the records from a cor- about this from the NSA. on emails. I think some of this is done poration, because there is some re- I think the public at large thinks we through the Executive order that most tained privacy and there is some re- have gone way too far—way too far of us are not privy to. The only people tained property interest even in your with the bulk collection records. It is that know anything about Executive records. And I think there always has not only what we have done, but it is Order 12333 and what they are doing on been. just that there is absolutely—even in it are people on the Intelligence Com- the PATRIOT Act, which I object to— mittee. I am not convinced we aren’t They talk about an expectation of no justification for collecting the collecting email data. privacy. I would think that if you have records. The idea that records could be They currently say that your email— a contract, when you sign the agree- relevant to an investigation that has this is the bill you promoted—after 6 ment, you are agreeing to a privacy not yet occurred puts logic on its head, months, your email has no protection. contract with an Internet provider or a puts it topsy-turvy to where words Before 6 months, I think the only pro- search provider or a telephone com- don’t mean anything. tection is to the content, not to the pany. I think that is indicating, as I am very concerned that there is a header, not to the addressee. they talk about in the cases, an expec- lot of surveillance that we don’t know We currently have the opinion. We tation of privacy. Well, I have signed about, not only through the PATRIOT desperately need the Supreme Court to an agreement with the company, and Act justification but through Execu- rule on this. We have the Smith v. they promised me and I promised them. tive order justification. It concerns me Maryland decision, which was in the I would think that for certain is an ex- that there are still people who are ar- premodern age, as far as data goes and pectation of privacy in the eyes of the guing that article II gives unlimited as far as your papers being held. We court. authority to the President, that there desperately need a decision. (Mr. RUBIO assumed the Chair.) is no congressional check and balance My hope was that the appellate court So I don’t understand how they can to the President with regard to surveil- decision would go to the Supreme argue we have completely given up our lance. There are people making that Court. But my understanding—being records, and that we have no ability at argument—that there is no limitation just a doctor—is it went the other way. all to retain an interest in our records. to Presidential power. It has been remanded lower and may I am very much convinced this is an I think one of the best things our never make it to the Supreme Court. I important debate—that the Bill of Founding Fathers gave us was this don’t know that. But I think we do Rights is something that we shouldn’t check and balance so we had coequal need something at the Supreme Court look at lightly; that we should, as we branches. I think it is a great thing level. move forward, make sure we do protect with the Fourth Amendment that a There have been many who are now the things that are important. We warrant had to be signed by somebody arguing that the appellate court—this shouldn’t hurry up and have deadlines, who wasn’t a policeman, who wasn’t a again from a physician, not a lawyer— and then say we are not going to have soldier. is really binding and that there could time to debate it.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.145 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3173 I see the Senator from Texas, who is body is for the U.S. Senate to pass the the USA FREEDOM Act, the national also a defender of the Fourth Amend- USA FREEDOM Act. I am an original security team would have more effec- ment, is here, and I would be happy to sponsor of that bipartisan legislation. tive tools to stop actual terrorists than take a question without losing the The USA FREEDOM Act does two they do today under the bulk metadata floor. things: No. 1, it ends the Federal Gov- collection of law-abiding citizens. That Mr. CRUZ. I thank the Senator from ernment’s bulk collection of phone is worth underscoring. The national se- Kentucky. I would note that he and I metadata for law-abiding citizens. I am curity professionals advising this body agree on a great many issues, although entirely in agreement with my friend, have said the USA FREEDOM Act we don’t agree entirely on this issue. the Senator from Kentucky, that the could well be more effective in pro- But I want to take the opportunity to Federal Government should not be col- viding the tools to stop terrorists than thank the Senator from Kentucky for lecting the data of millions of law- the current status quo. That argument his passionate defense of liberties. His abiding citizens with no evidentiary needs to sit in for everyone arguing is a voice this body needs to listen to. basis to do so. It is long past time to that we have to maintain the status I would note that the Senator from end this program, and the USA FREE- quo to stop terrorism. If it is the case, Kentucky’s father spent decades in the DOM Act does that. as we have been told, that the USA House of Representatives as a pas- At the same time, the USA FREE- FREEDOM Act could be more effective, sionate advocate for liberty. Both his DOM Act maintains the tools to target that argument suddenly falls to the father’s voice and the Senator from terrorists. We are living in a dangerous ground. Kentucky’s voice have altered the de- world with the rise of ISIS and Al Secondly, I address my friends in the bate in this Chamber and have helped Shabaab and Boko Haram, not to men- Republican Party who have preferred refocus the Congress and the American tion Al Qaeda and radical Islamic ter- to reauthorize the PATRIOT Act. Even people on the critical importance of de- rorism across the globe. The threat to if that is their preference, it is abun- fending our liberty. the American homeland has never been dantly, abundantly clear that a clean I think protecting the Bill of Rights greater. reauthorization to the PATRIOT Act is a fundamental responsibility of the It is critical that law enforcement ‘‘ain’t’’ passing this body and it cer- Federal Government. And it is heart- and national security maintain the tainly ‘‘ain’t’’ passing the House of breaking that over the last 6 years we tools so that if there is a credible basis Representatives. I would note that the have seen a Federal Government that to believe that a particular individual USA FREEDOM Act passed the House is planning a terrorist attack, we can not only fails to protect the Bill of of Representatives 338 to 88. It was not intercept their communications and we Rights but that routinely violates the a narrow victory. It was overwhelming. can prevent that terrorist attack be- constitutional liberties of American So even if Members of this body would fore, God forbid, they murder innocent citizens and routinely violates the Bill prefer to reauthorize the PATRIOT Act Americans in the homeland. Those of Rights. in its entirety, the votes ‘‘ain’t’’ there. critical words there are ‘‘particular in- I listened to the learned remarks and So the choice they face is letting it ex- questions from the Senator from Utah, dividual.’’ What the Fourth Amendment envi- pire altogether, losing the tools we where he noted that under the jus- sions is not that law enforcement’s have to prevent real terrorists from tifications for the current bulk collec- hands are tied; law enforcement has carrying out acts of terrorism or ac- tion of metadata, it is the position of tools to stop crimes. But as my friend cepting a commonsense middle ground the Federal Government that they the Senator from Kentucky has so pow- that vigorously protects the Bill of have the full constitutional authority erfully observed, the Fourth Amend- Rights while maintaining the tools to not only to collect metadata but to ment was designed to prevent general target the bad guys. collect the positional location of every warrants. It was designed to prevent I will say this: With my friend the American. If any of us carry our cell the government from assuming that Senator from Kentucky, I entirely phone, wherever we go, it is the posi- everyone in the country is automati- agree that he is fully entitled to intro- tion of the Obama administration that cally guilty and we will seize your in- duce his amendments to that bill. This the Federal Government has the full formation. Rather, the tools of law en- body should engage in a full and open constitutional authority to track the forcement and national security should debate considering amendments, and location of every American citizen no be particularized based on the facts of the Senator from Kentucky should be matter where we are. That is a breath- the evidence. able to propose reasonable common- taking assertion of power. That is why I support the USA sense improvements to the USA FREE- I would note that we do not merely FREEDOM Act because it accomplishes DOM Act. need to speculate that that is the both goals. It protects our privacy We ought to debate them on the mer- Obama administration’s position. In- rights and the Bill of Rights of law- its in a full and open process. There deed, in a recent case before the U.S. abiding citizens, but it ensures we have was a time not too long ago when this Supreme Court, the Obama administra- the tools to prevent acts of terrorists. body was called the world’s greatest tion argues that law enforcement could I would note two points that are im- deliberative body. Debate is what we place a GPS locator on the automobile portant. There are a number of Mem- are supposed to do on the merits. of any and every law-abiding citizen in bers of this body, including a number If the defenders of the PATRIOT Act this country and track the location of of Members of my party and the party right now are so confident of their po- your automobile and my automobile of this Senator from Kentucky, who sition, they should be prepared to de- with no probable cause, no articulable argue that the PATRIOT Act should be bate the Senator from Kentucky on the suspicion, no nothing. reauthorized with no changes, and they merits, to debate each of the Members The Obama administration argued argue to do anything else would jeop- of this body on the merits, and to ar- that the Fourth Amendment and the ardize our national security. rive at the right policy that both pro- Bill of Rights say nothing about the There are two facts that are critical tects our constitutional rights and en- Federal Government placing a GPS lo- to assess to responding to that argu- sures we have all the tools we need to cator on the automobile of private law- ment. No. 1, the Members of this body protect the safety of American citizens abiding citizens. have received confidential classified against acts of terrorism. Thankfully, the U.S. Supreme Court briefings from the national security of- I will note standing here with the rejected that position. It did not reject ficers of this administration. We are Senator from Kentucky and with the that position 5 to 4 or 6 to 3 or 7 to 2; not at liberty to convey the specific de- Senator from Utah at 11:40 p.m., I am the U.S. Supreme Court rejected that tails of those briefings. But the Mem- reminded of the movie ‘‘The Blues radical antiprivacy position of the bers of this body have been told, No. 1, Brothers’’ saying: Jake, we have got to Obama administration unanimously, 9 the USA FREEDOM Act would provide get the band back together again. I am to 0. effective tools so that we can prevent reminded of previous evenings standing I am entirely in agreement with my acts of terrorists. here with this same band of brothers in friend the Senator from Utah that the Indeed, they have gone further to say the wee hours of the morning. I will right resolution of the issue before this that it is entirely possible that under make a couple of final observations in

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.146 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE May 20, 2015 this question. The first is, the very the President’s chair presiding, and the The time is now in the digital age first time I ever spoke on the Senate entire hour I was there, there was a that we need to protect our privacy floor, when I was a brand-new freshman glass of water on Senator PAUL’s desk, when we loan out our records, and it is Senator, was during the last time the and he did not drink a sip of it. different to loan out your records and Senator from Kentucky was filibus- I will note that was advice I endeav- allow them to be held by a telephone tering. Senator RAND PAUL was filibus- ored to follow. It was good advice, and company or by an Internet provider or tering against the Obama administra- I am glad to see my friend is following in the cloud. It doesn’t mean you give tion’s policy of uncontrolled drone it as well. up your right to privacy. I think you strikes and the refusal of the Obama This is an exceptionally important have an expectation of privacy with or administration to acknowledge that issue that this body should be focused without a contract, but often we have the Constitution prohibits the Federal on, the responsibility to protect the an explicit privacy agreement, an ex- Government from using a drone to tar- Bill of Rights and the constitutional plicit privacy contract that we actu- get a U.S. citizen with lethal force if rights of every American. ally have with the phone company and that citizen does not pose an imminent The question I would ask my friend Internet provider. They are supposed to threat on U.S. soil. the Senator from Kentucky is, is there protect our interests. It sends exactly When the Senator from Kentucky any excuse for this body not taking se- the wrong signal to give liability pro- began that filibuster that morning, he riously our obligation to protect the tection to these companies and say to had asked if I might come out and sup- Bill of Rights and the constitutional them that they can run roughshod with port him. I told him at the time, as a rights of privacy of every American? us and that they can give their infor- newbie in this body, that I wanted to Mr. PAUL. I want to thank the Sen- mation out. respect the institutions of the Senate, ator from Texas for joining in the bat- The bulk collection must end, and I which included the tradition that the tle to defend the Bill of Rights and the think we have the votes to do it now. freshman Senator should stay quiet for Fourth Amendment. I know he is sin- We need to end the bulk collection of a number of months before speaking. cere in that approach. There is abso- records, but that is not where this bat- So initially I said: No, I am not going lutely no excuse, no excuse not to de- tle ends. There is still a question as to to come down; it is not yet time for me bate this and no excuse not to vote on whether the Executive is gathering a to speak on the Senate floor. Yet he a sufficient amount of amendments, to great deal of information through Ex- stood there and 1 hour and 2 hours try to make this better, to try to make ecutive order. I think that has to be re- passed. I could not stand back without the bulk collection of records go away. viewed, and it has to be reviewed in joining him in the support in that epic That is what the American people public. fight. That time I am reminded it was want. It is what the Constitution de- I agree with my friend Senator an anniversary of the Battle of the mands. My voice is rapidly leaving. My WYDEN that the specifics of intel- Alamo. So I had the opportunity to bedtime has long since passed. I think ligence—who the agents are, how we read to my friend William Barret it is time we summarize why we are break code, how we technologically Travis’s letter from the Alamo and to here today and what my hope is for the gather information—by all means does give him the encouragement of Texans future with this issue. not need to be discussed in public, but who gave their lives in defense of lib- We have had a dozen Senators come whether we should collect all Ameri- erty and, indeed, at the time to read down from both parties, from right, cans’ phone records all the time should tweets that were sent in support of the left, conservative, liberal, progressive, be discussed in public. It should have Senator from Kentucky. I said many and Libertarian. We have had several been revealed in an honest way. times I will go to my grave in debt to friends come over from the House as The fact that the Director of our Na- Senator RAND PAUL for the first oppor- well. There is a hunger in America for tional Intelligence lied to us and said tunity I had to speak on the Senate somebody to stand up, for all of us to the program didn’t even exist I think is floor which was his epic filibuster. stand up, for somebody to do the right unforgivable and makes him unsuitable I would also note that following that thing, to say that the Bill of Rights to lead our intelligence agency. We filibuster, Senator PAUL gave me two needs to be defended, that the Bill of have to have trust. Because of this pieces of advice, both of which proved Rights is important. great and enormous power we allow our very helpful for a filibuster I was to do When I think of the Bill of Rights, I intelligence agencies to have, we have of my own several months later. Advice think it is not so much for the popular to have trust, and you cannot have No. 1, he said, was wear comfortable person, it is not so much for the high trust when Congress is lied to. shoes. I would note that I observed the school quarterback or the prom queen; I think, as we move forward today, last time Senator PAUL did that, he did the Bill of Rights is for the least we have made great strides in pre- not follow this advice. He had not among us and the Bill of Rights is to senting arguments in the debate for planned to speak as long as he had. He try to prevent any kind of systemic how we would make things better, how told me his feet hurt for 2 weeks. I will bias from entering into the law for the we would better circumscribe this confess, it was to my great shame that way we treat people. People say: Well, great and ominous power, and how we I am wearing today my argument we collect all this data, but we are not would better make this power condu- boots, which I wear every day on the abusing anyone. We are doing it per- cive to the Constitution. Senate floor. But when I filibustered on fectly in order. The ultimate success will be that we ObamaCare, I shamefully left my boots I agree with Senator LEE that just can actually change things, but part of in the closet and went and purchased the collection of the data is the in- the success will be that we have de- black tennis shoes. As the hours wore fringement in itself. The whole idea bated them today, and my hope is that on, I was very grateful I had abided by that we could put one name on a war- the debate today will let the American Senator PAUL’s good advice and wore rant and collect 100 million records public, as well as our leadership in the the tennis shoes. goes against everything we believe in. Senate, know that we are serious about I would note, as I am sitting here It goes against everything we fought this and that we want to vote on re- today, that the good Senator is wear- for in the Revolution when we fought forms and that we want to vote on sev- ing tennis shoes today. So I am glad to to be left alone. I think Justice Bran- eral different ways we can fix this see he follows his own advice, and I deis put it best when he said that the issue. If this issue comes up every 3 have no doubt that his calves and right to be left alone is the most cher- years, for goodness’ sake, can’t we thighs will thank him tonight and in ished of rights, the most prized among spend a couple of days trying to amend the morning. civilized men, to be left alone in our this and make it better? The second bit of advice Senator castle, or in today’s world, to be left I thank the Senate staff for coming PAUL gave me was to drink very, very alone in our cloud—the time has long in and staying. I don’t think they had little water. That was advice he ac- since passed where we are going to much choice in the matter, but I thank knowledged likewise he had not fol- have paper records—and that is going them for staying and not throwing lowed in his own filibuster. I will note to be our exact home or exact castle things. We will try not to do this but that not too long ago I was sitting in that we are protecting. every couple of years or so.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.147 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3175 I thank my staff for their help in a no surprise that Monsanto, which man- should pay for indefinitely. It has al- long day, and I thank the American ufactures the chemical, insists that ready gone on for a decade and a half. people for considering the arguments glyphosate poses no threat to humans. And it does nothing to counter the eco- and for helping us to hopefully push But some Colombian farmers, whose nomic incentive of coca farmers to sup- this toward the reform where we all re- homes are often located next to their port their families. spect the Fourth Amendment and the fields, have claimed that they or their The Department of State reacted Bill of Rights once again. children suffered skin rashes, difficulty with the following statement: I thank the Presiding Officer, and I breathing, and other health problems Any decision about the future of aerial relinquish the floor. after their property was sprayed. Oth- eradication in Colombia is a sovereign deci- I suggest the absence of a quorum. ers have complained that the herbicide sion of the Colombian government, and we The PRESIDING OFFICER. The will respect that. The United States began has drifted into and destroyed licit eradication at the government’s request and clerk will call the roll. food crops. The senior assistant legislative clerk our collaboration has always been based on Scientists have studied glyphosate Colombia’s willingness to deploy this useful proceeded to call the roll. for many years and have differed about tool. Given the recent suspension, we intend Mr. CASSIDY. Mr. President, I ask its safety. Some studies have concluded to redouble our efforts to use other tools unanimous consent that the order for it is harmless. The Environmental Pro- such as enhanced manual eradication; inter- the quorum call be rescinded. tection Agency says it has ‘‘low acute diction (both land and maritime); and im- The PRESIDING OFFICER. Without toxicity.’’ Others have linked it to proved methods to investigate, dismantle, and prosecute criminal organizations, in- objection, it is so ordered. birth deformities in amphibians. Most f cluding through anti-money laundering pro- recently, the International Agency for grams. We will also continue our longer-term MORNING BUSINESS Research on Cancer, IARC, an affiliate capacity building programs, especially those Mr. CASSIDY. Mr. President, I ask of the World Health Organization, re- related to rule of law institutions, and con- unanimous consent that the Senate ported that glyphosate is ‘‘probably tinue to help Colombia increase its govern- mental presence in the countryside as we proceed to a period of morning busi- carcinogenic to humans,’’ and that there is ‘‘limited evidence’’ that it can recognize those to be the real keys to perma- ness, with Senators permitted to speak nent change. for up to 10 minutes each. cause non-Hodgkin’s lymphoma and lung cancer. That was the right response. Presi- The PRESIDING OFFICER. Without dent Santos has staked his legacy on objection, it is so ordered. I have been concerned for years about aerial fumigation in Colombia. While I negotiations to end the armed conflict f am no scientist, I have wondered how in Colombia. After five decades of war END OF AERIAL DRUG the people of my State would react to that have uprooted millions of people FUMIGATION IN COLOMBIA the repeated aerial spraying of a chem- and destroyed the lives of countless others, a peace agreement would fi- Mr. LEAHY. Mr. President, I want to ical herbicide in areas where they live, nally make it possible to address the speak briefly about a recent decision of grow food, and raise animals. I have lawlessness, injustice, and poverty that the Government of Colombia to end the also noted the conflicting views in the are at the root of the conflict. The aerial fumigation of coca. scientific literature, and we are all Since the beginning of Plan Colombia aware of instances when manufacturers United States should support him. 15 years ago, the United States, at huge insisted that a product was safe only to f cost, has financed a fleet of aircraft, discover years later—too late for some TRIBUTE TO POLICE CHIEF fuel, herbicide, and pilots to spray coca who were exposed—that it was not. MICHAEL SCHIRLING fields in Colombia. When this first And, of course, there have been times Mr. LEAHY. Mr. President, it is with began we were told that in 5 years the when companies knew of the risk and great appreciation and a touch of sad- spraying, along with billions of dollars chose to either ignore it or cover it up, ness that I note the pending retirement in U.S. military and other aid, would motivated by profit over the welfare of of Michael Schirling, who has served as cut by half the flow of cocaine coming the public. police chief of the city of Burlington, to the United States. It is for these reasons that I have in- VT, with great distinction for the last Fifteen years later, that goal re- cluded a provision in the annual De- 7 years. mains elusive. While the cultivation of partment of State and foreign oper- His youthful appearance belies the coca has been reduced, aerial fumiga- ations appropriations bill that requires fact that Chief Schirling has been with tion was never the solution to this the Secretary of State to certify that the department for more than 25 years, problem. It is prohibitively expensive ‘‘the herbicides do not pose unreason- first serving as an auxiliary officer and unsustainable by the Government able risks or adverse effects to humans, while still attending the University of of Colombia. It also defies common including pregnant women and chil- Vermont. sense. One Colombian official told me dren, or the environment, including en- Chief Schirling has held many titles the cost of aerial fumigation is ap- demic species.’’ Each year, the Sec- over those years: patrol officer, detec- proximately $7,000 per hectare, while retary has made the certification. tive, investigator, director, com- the cost to purchase the coca produced The IARC study changes things. Al- mander, deputy chief, and finally chief. in one hectare is $400. In other words, though glyphosate remains controver- In other words, this Burlington native for one-fifteenth the cost of aerial fu- sial and Monsanto points out that the rose through the ranks. And through- migation you could buy the coca and IARC study is not based on new field out this impressive career, Chief burn it. research, President Santos has re- Schirling has always sought a better The process also ignores the reality sponded in the only responsible way way to do the job. of rural Colombia where most coca unless further research definitively Earlier in his career, he co-founded farmers are impoverished and have no contradicts it. It would simply be un- the Vermont Internet Crimes Against comparable means of earning income. conscionable for the Government of Co- Children Task Force, which recognized Absent viable economic alternatives lombia to ignore a study by the World the potential for abuse as the Internet they resort to the dangerous business Health Organization that a chemical came of age. The task force has been of growing coca, often at the behest of sprayed over inhabited areas is poten- critical to the investigation and pros- the FARC rebels or other armed tially carcinogenic. ecution of high-technology crimes that groups. I commend President Santos for this target those who are most vulnerable. The active ingredient in the herbi- decision. I am sure it was not an easy After he took reins of the depart- cide used in the fumigation is one, as it will inevitably be blamed for ment, Chief Schirling grew concerned glyphosate, a common weed killer. It is increases in coca cultivation. But any- that officers were spending too much used by farmers and gardeners in the one who thinks that spraying chemi- time on paperwork and data entry, United States and other countries, in- cals from the air is a solution to the il- taking precious time away from polic- cluding Colombia. legal drug trade is deluding them- ing. In response he designed his own But controversy has plagued the aer- selves. It is enormously expensive and dispatch and records management soft- ial fumigation since its inception. It is not something U.S. taxpayers can or ware system. The Valcour system—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.149 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE May 20, 2015 named after an island with historical This monument serves as a reminder what he was getting into when he mar- significance on Lake Champlain—was to all of us that it is our job to envi- ried a soldier. He has had to deal with launched in 2011. Not only has it proven sion and create a more just and equal the early mornings, late nights, and more efficient, it has resulted in enor- nation where there are no prerequisites long weeks of her being away from mous cost savings for his department to serve your country. All of our home all while taking care of their 15- and others throughout Vermont that servicemembers join the military to year-old son Ke’cy and making certain have since adopted it. serve America and make the world a he gets to school, practice and all his But perhaps most important, Chief better place. We must honor that serv- other events while Master Sergeant Schirling has been a leader in under- ice by making sure we continue to up- Hayes travels out-of-State for training. standing the importance of community hold those values of equality and jus- He also makes sure the family pets are policing. He stepped up foot patrols tice at home that they have fought for well cared for all while maintaining a around the neighborhoods, stressing abroad. traveling choir of over 30 children. the importance of public engagement. f Master Sergeant Hayes shared with He hosted community outreach events, me: including barbeques and monthly cof- COMMEMORATING NORTH CARO- He makes it look easy. My husband’s sup- fee sessions. He developed data-driven LINA’S VETERANS AND port of the past year has made serving a policing efforts to track the hot spots SERVICEMEMBERS whole lot less stressful. I am very thankful for crime. He implemented a street Mr. BURR. Mr. President, this Me- for his love and support. He is my hero. outreach program in coordination with morial Day weekend is the 56th anni- Thank you Cedric for your commitment. the local mental health agency. The versary of Charlotte Motor Speedway’s Naomi Howard is familiar with mili- list goes on, but it is fair to say that annual tribute that brings together tary life as the daughter of CW4 Arthur the work of Chief Schirling will leave more than 110,000 guests to celebrate Troy. The military also paved the way its mark on our State’s largest city for our military patriots and reflect on for her love connection to her husband many years to come. Chief Schirling their service and sacrifice. This event SFC James Howard. The couple met recognized the value of 21st century po- has remained one of the largest mili- after James attended the Employer licing long before we heard the term. tary recognition initiatives on Memo- Support of the Guard and Reserve, For these reasons, I have often called rial Day weekend for more than five ESGR, briefing given by Naomi upon on Chief Schirling to share his experi- decades, honoring members of our his return from deployment to Egypt. ence and ideas in testimony before the armed services, veterans, Medal of The couple spent the first 14 months of Senate Judiciary Committee. His guid- Honor recipients, and remembering our their marriage apart while James was ance on issues of critical importance, fallen. This year’s celebration con- deployed with the HHC 39th IBCT to including his support for the Bullet- tinues their longstanding tribute by Iraq. proof Vest Partnership Program, has showcasing military aircraft in a patri- In 2004, the couple settled into a rou- been invaluable over these years. otic flyover, infantry and artillery ex- tine life in Cabot, AR, with James serv- Chief Schirling and the Burlington hibits, ground demonstrations of our ing on Active Guard/Reserve duty, and Police Department recently marked Nation’s military strength, and a 21- Naomi working as a civilian at the Na- the 150th anniversary of the depart- gun salute to our fallen. tional Guard Bureau Professional Edu- ment, and I was grateful to be a part of Our servicemembers courageously cation Center. In 2007, James deployed that celebration. As he prepares for re- stand between America and those who to Iraq again and was away from home tirement, I have no doubt there is an- would do us harm, volunteering to for more than 1 year. James told me: other chapter for Chief Schirling still make the ultimate sacrifice to preserve During this time Naomi did an amazing job to be written. I will eagerly await his freedom. I commend all of those in the raising four young children on her own. Since then, Naomi has continued working at next move. racing community for their continued f the National Guard Bureau’s Professional support and annual tribute to our men Education Center and supporting me in my LGBT VETERANS MONUMENT AT and women in uniform. continued military service. Being in the LINCOLN NATIONAL CEMETERY f military requires long hours and time away Mr. DURBIN. Mr. President, this Me- from home, yet my wife has continued to RECOGNIZING HOMEFRONT support me, more than I could have ever morial Day weekend, as our country HEROES imagined. remembers and honors those who have Mr. BOOZMAN. Mr. President, May Not only is she a strong support for served America, a national cemetery in is recognized as National Military Ap- her husband and children, but she is Elwood, IL, will make a distinguished preciation Month. In addition to a time doing this all while working and at- mark on our Nation’s history. Lincoln when we honor the men and women tending college as a full-time student. National Cemetery will become home who wear our Nation’s uniform, we She was named to the Central Baptist to the Nation’s first monument hon- must also remember our military fami- College President’s List for Fall 2014 oring fallen Lesbian, Gay, Bisexual, lies who make tremendous sacrifices. for maintaining a 4.0 GPA. ‘‘She and Transgender, LGBT, veterans. These husbands and wives support A recognition of our fallen LGBT juggles more than I could ever imagine our troops at home, during training service members is long overdue. This and she excels at doing so,’’ James missions and deployments. Military monument serves as a testament to said. spouses are essential to the wellbeing Wanda Thomen has been married for those members of our military who of our service members and the 28 years to Deputy Commander CPT have shown devotion to their country strength of our national defense. We Rex Thomen of the 61st CST/WMD and in the eyes of discrimination. It is in honor them with a special day hon- is a mother of two children, Myranda their memory that we move toward a oring their role—National Military and Phelan. Wanda served as an active more just and equal future. The monument comes nearly 4 years Spouse Appreciation Day. duty airman and was honorably dis- after the repeal of Don’t Ask Don’t Arkansas is home to thousands of charged in March 1998. Her prior serv- Tell. With repeal, our country took a military personnel. Their spouses are ice experience helps her to understand step to move past the prejudices of the the homefront heroes who serve our both sides, as a servicemember and as a past and toward a day when all Ameri- country out of uniform. I asked Arkan- spouse. She previously served as presi- cans can serve the country with hon- sans to share the roles their spouses dent of the Auxiliary of the National esty and pride. This monument recog- play in their military career. I want to Guard Association of Arkansas whose nizes that service with a fitting dedica- highlight some of the ways Arkansas motto is ‘‘The Other Half.’’ She also tion that reads: National Guard spouses support their worked as the 39th Infantry Brigade partners’ call to service. Combat Team Family Readiness Sup- Gay, lesbian, bisexual and transgender peo- ple have served honorably and admirably in MSG Tracy Onassis Hayes and her port assistant. She has been supportive America’s Armed Forces. In their memory husband, Cedric, have been married during deployments, injuries, illness, and appreciation of their selfless service and just over 1 year. Master Sergeant and everyday activities as her husband sacrifice this monument was dedicated. Hayes says her husband had no idea continues his military career and

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.050 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3177 Wanda continues to give back to the mons, Bluefield, Vietnam war; Ser- ington, DC to begin her career. She troops and their families. geant Fred R. Smith, Hurricane, Viet- first worked for the Senate Banking, Thank you to Cedric, Naomi, Wanda, nam war; Sergeant Marshall G. Mann, Housing, and Urban Affairs Committee and all of our military spouses for your Princeton, Vietnam war; Sergeant and then moved to the Senate Armed support at home while your loved one James R. Bond, Midway, Vietnam war; Services Committee. While working for is away defending our Nation. We Senior Airman Allan D. Harbour, the Armed Services Committee, Karen thank you for your dedication and Princeton, Vietnam war; Sergeant had the privilege to work for chairmen commitment to our Armed Forces, First Class Andrew J. Thompson, Blue- on both sides of the aisle including your family and extended military field, Vietnam war; Captain Charles H. John Stennis, John Tower, Barry Gold- family. Mann, Athens, Vietnam war; Seaman water, and Sam Nunn. f Thomas E. Caruso, Lashmeet, Vietnam After 8 years as a staffer on Capitol war; Sergeant Gordon L. Caldwell, Jr., Hill, Karen joined the Office of the As- HONORING WEST VIRGINIA Bluefield, Vietnam war; Lance Cor- sistant Secretary of Defense for Legis- VETERANS poral Ricky D. Williams, Beckley, lative Affairs, OASD LA. She subse- Mrs. CAPITO. Mr. President, I wish Vietnam war; Senior Airman Mary quently served as the personal and con- to welcome some of West Virginia’s Byrd, Nitro, Vietnam war; Corporal fidential assistant to six successive most outstanding citizens to Wash- Johnny L. Sanson, Cyclone, Vietnam OASD LAs. As a result of her tenure in ington. This week, as part of the fifth war; Sergeant Dennis C. Hurley, Cy- OASD LA, Karen was one of few DOD annual Always Free Honor Flight Pro- clone, Vietnam war; Corporal William employees with significant institu- gram, we will recognize veterans from Cox, Bluefield, Vietnam war; and Cor- tional knowledge of both DOD and Con- my home State for their dedicated poral William L. Harry, Butler, TN, gress. commitment to our country. In light of Korean war. Because of her unique expertise, West Virginia’s proud tradition of mili- Veterans participating in the Honor Karen was promoted to the position of tary service, it gives me great pleasure Flight as ‘‘guardians’’ include Com- Deputy for Legislative Operations in to honor these brave men and women mand Sergeant Major Kevin L. Harry OASD LA, managing congressional who answered the call of duty during from Milton; Sergeant First Class committees’ questions and inserts for America’s hour of need. Mark A. Harry from St. Albans, and the RECORD, the congressional report- Since its inception, the Always Free Specialist Selena K. Barker of Milton. ing requirements, and the legislative Honor Flight Program has taken up These men and women are voluntarily appeals process for DOD. Karen’s last the important task of thanking those dedicating their time to helping ensure position with DOD was as the Deputy to which we owe our deepest gratitude. that our veterans receive the thank- Director for Operations for the OASD As the daughter of a World War II vet- you they deserve. LA, where she was instrumental in the eran, this is something very near and A great debt of gratitude is also owed oversight of the office’s operations in dear to my heart. This year, we are to Dreama Denver, president of the support of the DOD’s legislative mis- joined by 29 Vietnam, Korea and World Denver Foundation and Little Buddy sion and was a critical participant in War II veterans from all across south- Radio. These nonprofit organizations, the legislative affairs consolidation ef- ern West Virginia. which were founded by Dreama and her fort directed by the Deputy Secretary These brave patriots sacrificed the husband, Bob Denver, established the of Defense. comforts of home to defend the cause Always Free Honor Flight Network in During Karen’s distinguished career of freedom in a foreign land. The perse- West Virginia. of over 28 years with DOD, she sup- verance of our soldiers during these I am so proud of the service and sense ported eight Assistant Secretaries of conflicts cannot be overstated. These of duty that defines the American peo- Defense for Legislative Affairs and individuals embody the extraordinary ple. As the beneficiaries of that serv- served under eleven Secretaries of De- sacrifice exhibited by our service men ice, one of the most sacred tasks we fense. and women throughout the greatest hold is properly honoring the dedica- I am honored to recognize and thank conflicts of the 20th century. tion of our veterans. In bringing them Karen for her dedicated Federal service One veteran on this year’s trip, SGT together with the symbols of their sac- to the country and wish her the best as John M. Watson, Jr., who served with rifice, we can express our unyielding she begins the next chapter of her life. the renowned Tuskegee Airmen, will be gratitude while demonstrating our honored with the Congressional Gold lasting commitment to preserving f Medal for his service during World War their memory. One of the greatest hon- II. SOUTH BEND, INDIANA 150TH ors of serving in the United States Sen- ANNIVERSARY In addition to Sergeant Watson, West ate is representing citizens who have Virginia veterans participating in this given so much to their country. I take Mr. DONNELLY. Mr. President, I year’s Always Free Honor Flight Pro- seriously the duty of ensuring that wish to honor the city of South Bend gram include Joseph F. Graham, Blue- their sacrifice is honored with the on its 150th anniversary and to recog- field, WWII; Staff Sergeant Robert Gra- same steadfast conviction with which nize the many contributions of South ham, Hinton, WWII and Korean war; they defended the rights and freedoms Bend’s citizens to the great State of In- First Sergeant Melvin L. Grubb, Blue- of every American. Today, I ask my diana, to our country and the world. field, WWII and Korean war; Staff Ser- colleagues to join me in welcoming and South Bend’s history stretches back geant Robert G. Kushner, Charleston, thanking these exceptional West Vir- to the 1600s, when the St. Joseph Pota- Korean war; Airman First Class Her- ginia veterans. watomi settled along the future St. Jo- bert R. Dickerson, Beckley, Korean seph River. European settlers estab- f war; Corporal Billy G. Cooper, Milton, lished fur trading posts in the early Korean war; Corporal James W. Ben- RECOGNIZING KAREN LOVE 19th century. Soon after, Father Ed- nett, Charleston, Korean war; Richard Mr. PORTMAN. Mr. President, I wish ward Sorin arrived and founded the L. Graham, Beckley Korean war; Petty to recognize Karen A. Love upon her University of Notre Dame. Less than a Officer Second Class William B. Sow- retirement from the Department of De- decade later, in 1851, the first train ers, Princeton, Korean war; Petty Offi- fense, DOD, after over 36 years in civil passed through South Bend and devel- cer Third Class Charles E. Turley, service. opment and economic growth soon fol- Scott Depot, Korean war; Colonel Jack Karen was born in Greenville, OH and lowed. The town of South Bend became E. Fincham, Brenton, Vietnam war; later moved to Ansonia, OH. She spent the city of South Bend on May 22, 1865, Sergeant Philip Templeton, Milton, most of her formative years in Celina, when it was granted a city charter. Vietnam war; Petty Officer Second where she attended the Immaculate The city of South Bend quickly be- Class John W. Fleming, Princeton, Conception School, Celina Junior High came a manufacturing leader and con- Vietnam war; Master Sergeant Edward School and Celina High School. tinues to innovate to this day. In 1852, F. Simmons, Bluefield, Vietnam war; After graduating magna cum laude Henry and Clement Studebaker opened Airman Second Class Nancy J. Sim- from college, Karen moved to Wash- the H&C Studebaker blacksmith shop.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.136 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE May 20, 2015 After the Studebakers’ younger broth- active participant in the civil rights ous hiking and biking trails, as well as ers joined them, they became the Stu- movement, working hard to both inte- access to countless outdoor activities debaker Brothers Manufacturing Com- grate schools and increase their fund- including canoeing, kayaking and cross pany. Studebaker became the world’s ing across the entire country. country skiing. largest wagon and buggy manufacturer Today, I also congratulate the cur- The town’s population has grown to and then entered the automotive indus- rent leaders of South Bend: mayor Pete over 5,500 residents, but their record of try. The company had some famous Buttigieg, the members of the South service is indicative of a much larger customers, such as Thomas Edison, Bend Common Council, and all of the town. The people of Hopkinton have a who purchased the second Studebaker other hardworking city officials for strong commitment to the spirit of electric car in 1902. The Studebaker their many contributions to making community and volunteerism, as evi- Corporation would go on to bring op- this ‘‘21st Century City’’ the thriving denced by the hard work and dedica- portunity and hundreds of jobs to fami- city it is today. tion of its residents involved with the lies across northern Indiana. The city of South Bend reflects our planning and celebration of the 100th As business boomed for the Stude- Hoosier values, and its citizens serve as anniversary of the renowned baker Corporation, new businesses an example of how hard work and dedi- Hopkinton State Fair this coming Sep- opened and South Bend grew. In the cation lead to success, opportunity, tember and the town’s special early 1900s, the Bendix Corporation, and prosperity. I came to South Bend sestercentennial anniversary. Honeywell, the South Bend Toy Com- as a student in 1972. I was privileged to Hopkinton and its residents have pany, AlliedSignal, and other well- have met my wife and raised our fam- greatly contributed to the life and known companies opened their doors. ily here. And today, we continue to call growth of New Hampshire. I ask my Like many communities across the the South Bend community our home. colleagues to join me today in extend- country, South Bend changed with the It is also a great honor to represent ing congratulations to the people of times. Companies, like Studebaker, the city of South Bend in the Senate. Hopkinton as they celebrate the town’s were forced to close their doors, but On behalf of the State of Indiana, I 250th anniversary.∑ the innovative spirit of South Bend congratulate each and every citizen of f carried on. Now, South Bend is taking South Bend on the city’s 150th anniver- TRIBUTE TO DIANE its manufacturing roots in a new direc- sary and wish you an equally bright JUERGENSMEYER tion, creating a high-tech hub in north- and prosperous future. ∑ Mr. BLUNT. Mr. President, I wish to ern Indiana. Transforming old factory f grounds into the high-tech Ignition honor Diane Juergensmeyer of St. Eliz- Park, the city has opened its doors to ADDITIONAL STATEMENTS abeth, MO, for her dedication and serv- data centers and turbomachinery re- ice to St. Elizabeth High School, her community, and the entire State of search. There are many exciting entre- HOPKINTON, NEW HAMPSHIRE Missouri. From 1980 through 2010, preneurial efforts that will continue to 250TH ANNIVERSARY create jobs and opportunities for South Juergensmeyer coached St. Elizabeth Bend residents. ∑ Ms. AYOTTE. Mr. President, today I High School’s women’s softball team to Today, South Bend is one of the larg- honor Hopkinton, NH—a town in 489 victories, including 358 fall cham- est cities in Indiana and has a popu- Merrimack County that is celebrating pionship wins, while also teaching lation of more than 100,000 citizens. the 250th anniversary of its founding. I reading skills, English, speech, and The city is not only critical to Indi- am proud to join citizens across the drama in the classroom. ana’s economy but also a top destina- Granite State in recognizing this spe- Overall, the St. Elizabeth Lady Hor- tion for visitors to our State. Top at- cial milestone. nets won eight conference titles under tractions in the South Bend area in- Hopkinton, previously known as New her leadership, not to mention three clude Potawatomi Park Zoo, the Stu- Hopkinton by the original settlers Class 1 State championship titles in debaker National Museum, South Bend from Hopkinton, MA, was incorporated 1992, 1994, and 2002, and another as an Chocolate Company, and the nearby in 1765 by colonial Governor Benning assistant in 2011. University of Notre Dame. Wentworth, and included the three As the daughter of Leonard and A center of world-renowned academic communities of Hopkinton, Marie Schanzmeyer, Juergensmeyer excellence, the University of Notre Contoocook Village, and West grew up in a large family on a farm Dame grew from a small school for Hopkinton. As a centrally located where a fundamental respect for hard boys founded by Father Sorin in 1842 to town, Hopkinton gained an influential work and competition were instilled in one of the most prestigious universities reputation. Its farms thrived on fertile her at a young age. She played on St. in the country. With excellent aca- land fed by local bodies of water and Elizabeth’s first softball team and has demic and athletic programs, Notre businesses continued to prosper as remained a key contributor to the Dame attracts students from around State leaders and prominent business growth of the sport’s popularity as it is the Nation and about 90 different coun- owners moved to the area to be closer seen in Missouri today. tries. Important to our South Bend to the center of activity. After graduating from St. Elizabeth community, the university is the As the town’s influence grew, it came High School in 1976, she attended Cen- area’s largest employer and an active to be known as one of the most power- tral Missouri University. Shortly after member of the community. Our com- ful locations in the State. Coinciden- graduating from Central Missouri Uni- munity is home to other outstanding tally, the New Hampshire Legislature versity, she returned to her local high higher education institutions, includ- met in Hopkinton four times during school to coach, teach, and even drive ing, St. Mary’s College, Holy Cross Col- the years of 1798 to 1807. The civic- the bus. Her dedication to her commu- lege and Indiana University at South minded residents of the town later pe- nity has remained constant and has re- Bend, which draw the best and bright- titioned for Hopkinton to become the mained a force in her efforts to make est students from across the State. State’s capital city, but the neigh- the St. Elizabeth Lady Hornets the re- The city of South Bend also has a boring town of Concord eventually won spected softball program that it is long history of outstanding public serv- the bid in 1814 and now houses the New today. ants. Vice President Schuyler Colfax Hampshire Legislature. In addition to her coaching and was a South Bend native, serving as Hopkinton is home to two historic teaching careers, Juergensmeyer Congressman, then Speaker of the covered bridges, including the Rowell’s served on the Missouri Softball Advi- House during the Civil War, and finally Bridge that was built in 1835 and the sory Committee for 8 years and the Na- as Vice President to Ulysses S. Grant. Contoocook Railroad Bridge that spans tional Federation Softball rules com- Former Indiana Governor Joe Kernan the beautiful Contoocook River and is mittee for 4 years. She was also named once led the city as mayor and con- the oldest covered bridge of its kind in the 115th District’s Outstanding Mis- tinues to call South Bend home. existence. With 1290 acres of protected sourian in 2004. Former Congressman John Brademas, land, Hopkinton is rich in natural Diane Juergensmeyer has played a a South Bend Central graduate, was an beauty with sprawling forests, numer- major role in the success of the Lady

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.059 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3179 Hornets and the St. Elizabeth commu- I ask my colleagues to join me in ex- ecutive, senior, and emerging leader nity, and her legacy will continue to pressing sincere appreciation and con- training modules, is aimed at inspiring impact future generations through the gratulations to Mr. Daniels for his the next generation of business and foundations she helped put in place, so many contributions and accomplish- civic leaders in Montgomery County her induction into the Missouri Sports ments throughout his distinguished ca- and beyond. Above all, Leadership Hall of Fame comes as no surprise. I reer.∑ Montgomery strives to establish a congratulate Coach Juergensmeyer on f more inclusive management commu- her many successes and wish her the nity, comprised of leaders of diverse CONGRATULATING ESTHER B. best in her future endeavors.∑ backgrounds and perspectives. NEWMAN f In the 26 years since its founding, ∑ Mr. CARDIN. Mr. President, I wish to Leadership Montgomery has enriched RECOGNIZING ROD DANIELS recognize Esther B. Newman, the and educated more than 2,000 grad- ∑ Mr. CARDIN. Mr. President, I wish to founder and chief executive officer of uates. The success of this mission is re- recognize WBAL-TV 11 anchorman Rod Leadership Montgomery, a not-for- flected in the program’s accomplished Daniels for his career of journalistic profit community organization dedi- alumni, with local Board of Education service to the residents of the Greater cated to public service and manage- members, Circuit Court judges, mem- Baltimore area. Mr. Daniels has been a ment training in Montgomery County, bers of both the Maryland Senate and trusted voice on WBAL-TV 11 for more MD. Mrs. Newman’s vision of compas- House of Delegates, and Montgomery than 30 years, and his steady and color- sionate outreach, effective and inspira- County Councilmembers among them. ful reporting has remained consistent tional leadership, and community im- Throughout her career in public life, and creative throughout that time. On provement have long nurtured the peo- Esther Newman has also helped to the occasion of his final nightly broad- ple of Montgomery County, effecting raise more than $5 million in contribu- cast, which will occur this Friday, I positive change for nearly 40 years. tions for scholarships and programs, in would like to thank Mr. Daniels both Ms. Newman was born and raised in addition to nearly $3 million of in-kind for his years of service and his dedica- Washington, DC. She began her sec- donations. For her unparalleled com- tion to bringing viewers the nightly ondary education while balancing the mitment to service, generosity, and news with a regular measure of hope. responsibilities of motherhood. She tireless devotion to the betterment of At the time of his retirement, Mr. graduated from Montgomery College, Montgomery County, she has been rec- Daniels will have distinguished himself one of Maryland’s premier community ognized with numerous accolades, in- as the longest continually serving colleges, with an associate’s degree in cluding Jewish Women International’s nightly news anchor in the Baltimore mental health in 1975. She later earned Women to Watch Community Leader- media market, no small accomplish- a B.A. in human service administration ship Award in 2011, the Corporate Vol- ment against the backdrop of industry- from Antioch University and an M.S. unteer Council President’s Award in wide newsroom downsizing that has in applied behavioral science from 2009, the Victims’ Rights Foundation’s characterized the media business dur- Johns Hopkins University. Game Changer Award in 2014, and an ing much of his career. Mr. Daniels The foundations of Ms. Newman’s honorary degree in public service from came to Baltimore in 1984 and has been legacy of public service were estab- her alma mater Montgomery College in there for the city through tragedies lished shortly after her graduation 2002. like the 9/11 attacks and all-too-recent from Montgomery College when she es- Ms. Newman will be retiring from her riots following the death of Freddie tablished the Family Life Center of position as director of Leadership Gray. His exclusive coverage when the Montgomery County in 1976, where she Montgomery in September, after more Roman Catholic Church elevated Balti- served as director until 1979. She then than a quarter-century of education more archbishops to its College of Car- transitioned into work at Olney, MD’s and guidance. Her compassionate spir- dinals rightly garnered national Montgomery General Hospital as a it, inspirational leadership, and unwav- awards. So it was no surprise, then, public relations consultant, simulta- ering devotion to civic improvement that Baltimore turned to Mr. Daniels neously contributing to the local Cou- have long inspired the greater Mont- when it was time to host the welcome rier-Gazette newspapers as a commu- gomery County community. Many of celebration for Pope John Paul II at nity correspondent and serving as an the people Ms. Newman have touched Camden Yards, an enormous com- officer on the Upper Montgomery Com- have taken the lessons that they have pliment and honor. munity Mental Health Center Citizens learned at Leadership Montgomery Throughout his career, Mr. Daniels Advisory Committee. into business and government. Though has shown an ongoing commitment to Throughout the 1980s, Ms. Newman she will soon step down as a director, I craft, charity, and community. He has continued to serve in an extensive ca- have no doubt that Ms. Newman will spent countless hours speaking to pacity across Montgomery County, en- continue to be involved in the commu- school groups, serving on the boards of compassing a diverse portfolio of nity and will continue to inspire others organizations like the National Aquar- health care focused outreach, volunteer to enter leadership roles. I ask my col- ium in Baltimore, and hosting events service, and civic leadership positions. leagues to join me is wishing her all to battle deadly diseases like cystic fi- In 1981, Ms. Newman joined the Olney the best for a restful and fulfilling brosis and cancer. Mr. Daniels even has Chamber of Commerce and became a retirement.∑ taken the Polar Bear Plunge into the board member in 1984. By 1983, she had f frigid waters of the Chesapeake Bay to moved into a leadership role as the pro- help a worthy cause, while finding the gram director of the YWCA of Mont- TRIBUTE TO DAVID G. BAKERIAN time to film public service announce- gomery County and later joined the ∑ Mr. CARPER. Mr. President, it is ments against animal cruelty. Montgomery County Chamber of Com- with great pleasure that I rise on be- Mr. Daniels began his career as a merce, where she held the role of exec- half of the Delaware delegation to weekend sports anchor at WIS-TV in utive director from 1986 through 1988. honor the service of David G. Bakerian Columbia, SC. He then moved to As the decade drew to a close, Ms. upon his retirement as president, CEO WTAE-TV in Pittsburgh as a weekend Newman drew on her years of public and treasurer of the Delaware Bankers anchor and reporter, and then moved service and leadership experience and Association. David has dedicated the to WISN-TV in Milwaukee. Mr. Daniels formulated a curriculum of manage- past 22 years of his life to helping lead is an alumnus of William Patterson ment training retreats, lectures, and the banking industry and keeping it University in Wayne, NJ, and received educational guidelines. She worked alive and thriving in Delaware for the the Legacy Award for Distinguished with the late Larry Pignone of the countless people it employs and serves. Alumni from the William Patterson United Way to establish Leadership As president of the Delaware Bankers University Foundation in 2011. He also Montgomery in 1989, where she has Association, David’s priority has been has completed enrichment programs served as director ever since. The core to ensure that a significant part of through the Community Film Work- program of Leadership Montgomery, America’s banking industry—one of shop Council. which incorporates youth, business ex- Delaware’s top employers—maintained

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.053 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3180 CONGRESSIONAL RECORD — SENATE May 20, 2015 its home in in the First State and con- munity but the education community Ms. Verhelst was chosen in February tinues to thrive while serving cus- and the community writ large. I am de- by the Nevada State Society to rep- tomers in the First State and around lighted to salute David and thank him resent Nevada in the National Con- the world. Tens of thousands of Dela- for his many years of service to Dela- ference of State Societies and the wareans rely on the good jobs that our ware and to congratulate him on a Cherry Blossom Princess Program. Ne- State’s financial services provide, jobs truly remarkable and distinguished ca- vada is proud to support one of our own that have enhanced the lives of many. reer. I know he looks forward to spend- as she joins young women from across Dave is known for being honest, and ing more time with his grandchildren the Nation in community involvement even if someone didn’t always like the in his garden and refining his culinary and educational, leadership, and cul- answer, they respected him for doing skills in the kitchen. In closing, on be- tural activities throughout the year. In the right thing, not what was easy or half of the people of Delaware, as well April, she was selected as U.S. Cherry expedient. He also is admired for his as on behalf of Senator COONS and Con- Blossom Queen at the Official Cherry positive, can-do attitude regardless of gressman CARNEY, I want to wish David Blossom Grand Ball and Coronation of the magnitude of the challenges he and and his wife Pam, his son Nick, and his the United States Cherry Blossom the members of the Delaware Bankers daughters Alex and Catherine, along Queen, a tradition that began in 1948. Association have faced over the years. with his son-in-law Jeff and his grand- As U.S. Cherry Blossom Queen, Ms. Over more than two decades, David children Adam and Madeline, the very Verhelst will have the opportunity to has worked with three Governors and best in all that lies ahead.∑ represent both the Silver State and the testified before and advised 11 separate f United States while she visits the Delaware General Assemblies on a vari- Japan Prime Minister, Shinzo Abe, ety of banking legislative matters, in- TRIBUTE TO DEBORAH BLONG during her official United States Cher- cluding credit cards, trust administra- ∑ Mr. DAINES. Mr. President, I wish to ry Blossom Queen Goodwill Ambas- tion, interstate banking and branching, commend Deborah Blong from Mis- sador trip in May. foreclosure mediation, and consumer soula, MT, who was recently recognized I am proud to recognize Ms. Verhelst protection. In 2001, David led the Dela- as the recipient of the American Net- on her excellent representation of Ne- ware Bankers Association in a coopera- work of Community Options and Re- vada in her role as Nevada Cherry Blos- tive venture with the University of sources 2015 Direct Support Profes- som Princess and U.S. Cherry Blossom Delaware’s Center for Economic Edu- sional, DSP, of the Year Award for the Queen. She should be proud of her cation and Entrepreneurship, the Fed- State of Montana. achievements. eral Reserve Bank of Philadelphia, and This award recognizes Ms. Blong’s I join the citizens of Nevada in con- the Consumer Credit Counseling Serv- dedication and hard work every day in gratulating Ms. Verhelst on her accom- ices of Delaware and Maryland to form her efforts to support members of the plishment and wish her all the best Keys to Financial Success, a high Montana community with intellectual, during her United States Cherry Blos- school credit course focusing on finan- developmental, and other significant som Queen Goodwill Ambassador trip ∑ cial literacy. The program is still of- disabilities. Ms. Blong’s selflessness is and in all of her future endeavors. fered today in 28 high schools in Dela- clear. In addition to taking care of her f ware with more than 4,200 students par- husband who suffers from Parkinson’s disease, she manages a home with eight CONGRATULATING DR. COLLEEN ticipating. In 2004, David was elected to CRIPPS a 1-year chairmanship of the State As- residents—four have Prader-Willi syn- drome and three others struggle with ∑ Mr. HELLER. Mr. President, today, I sociation Division of the American wish to congratulate Dr. Colleen Cripps Bankers Association. In this role, he chronic obstructive pulmonary disease. She works 14-hour days, often 6 to 7 on her retirement after serving the became the national spokesperson for days a week. great State of Nevada for 25 years with the 50 State bankers associations and Deborah Blong makes a difference the Nevada Division of Environmental held a seat on the American Bankers each and every day for those whom she Protection, NDEP. It gives me great Association board of directors. He is cares for. For 20 years, Ms. Blong has pleasure to recognize her years of hard the only Delawarean ever to serve in been a positive influence on those work and commitment to making the this national leadership role. His serv- around her. For her efforts, Ms. Blong Silver State the best it can be. ice in that role is a source of pride to has earned the thanks of a grateful Dr. Cripps stands as a true example our State. State.∑ of someone who has spent many years While David is passionate about f dedicated to her home State. She was banking, he actually began his career born in Ely, NV, and she received her in education and studied to become a CONGRATULATING NOELLE master of arts in public administration college professor. He possesses a re- VERHELST and her doctor of philosophy in bio- markable ability to write clearly and ∑ Mr. HELLER. Mr. President, today, I chemistry from the University of Ne- communicate effectively. Those skills wish to congratulate Noelle Verhelst vada, Reno. Throughout her career have helped him go on to such a suc- on being selected not only as Nevada’s with NDEP, Dr. Cripps served as chief cessful career in banking, in part be- Cherry Blossom Princess for the 2015 of the Bureau of Air Quality; deputy cause of his ability to explain highly Centennial Cherry Blossom Festival in administrator, responsible for the complex issues to almost anyone and Washington, DC, but also on being se- agency’s Air, Waste, and Federal Fa- everyone. His passion for education can lected as U.S. Cherry Blossom Queen. cilities Bureau; and acting adminis- be seen in his own academic achieve- Ms. Verhelst is the first Nevada Cherry trator and administrator of NDEP. Her ments. After receiving his bachelor’s Blossom Princess to be selected as U.S. positive legacy in the department will degree from Siena College in New Cherry Blossom Queen, a well-deserved be felt for years to come. York, he went on to receive a master’s accolade. Dr. Cripps’ commitment to her cause degree from the University of West Ms. Verhelst is a shining example of goes beyond her career. She served on Florida and a postgraduate certificate someone who truly cherishes the Silver numerous industry-related boards, in higher education administration State. She was raised in Las Vegas and such as the National Association of from the University of Pennsylvania. attended the University of Nevada, Las Clean Air Agencies, NACAA’s, execu- Prior to his appointment at the Dela- Vegas, receiving her bachelor’s degree tive board from 2003 to 2009, serving as ware Bankers Association, he served as in political science. Prior to moving to president, and the Western States Air executive director of the Delaware Washington, DC, she worked in Gov- Resources Council’s board, serving on Chapter of the American Institute of ernor Brian Sandoval’s Office of Eco- the executive committee and as vice Banking. He began his tenure at Dela- nomic Development. She currently president. She also represented Nevada ware AIB in 1985 and oversaw the edu- works for Congressman JOE HECK (NV– in the Western Regional Air Partner- cational unit. 3) as a legislative correspondent. Her ship and was one of Nevada’s observers Through his tireless efforts, David dedication and service to the great in the Western Climate Initiative. Her Bakerian has made a positive dif- State of Nevada are greatly appre- years of service to the Silver State are ference in not only the banking com- ciated. invaluable.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.079 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3181 I am grateful for her dedication to Nushagak River, an inlet of Alaska’s Powder River Training Complex one of the people of Nevada. She exemplifies Bristol Bay. his top priorities, and he assured me the highest standards of leadership and Bobby was seen as a leader by many that this airspace expansion would be service and should be proud of her long Native and non-Native Alaskans. At a completed under his watch. This was and meaningful career. Today, I ask all young age Bobby attended territorial not a pledge he took lightly. Be it em- of my colleagues to join me in con- and BIA schools in Southwest Alaska phasizing the need for this airspace gratulating Dr. Cripps on her retire- and then went off to Ohio to earn an within the Air Force hierarchy or driv- ment, and I give my deepest apprecia- accounting degree from Dyke Spen- ing out to Montana to meet with Na- tion for all that she has done to make cerian Business College, now known as tive American tribal leaders, Colonel Nevada a better place. I offer her my Chancellor University in Cleveland. He Kennedy was willing to go the extra best wishes for many fulfilling years to then returned home to bring his edu- mile to bring this airspace home. come.∑ cation back to Alaska. As a result of his efforts, in January f Bobby was a lifelong subsistence hun- of this year the Air Force signed the ter and fisherman who was respected Record of Decision for the Powder TRIBUTE TO JOE LOMBARDO by many across the State. He taught River Training Complex expansion, ∑ Mr. ISAKSON. Mr. President, it is an many of the importance of traditional which was approved by the FAA a few honor today to personally recognize knowledge and passing along impor- months later. Once this airspace is Mr. Joe Lombardo, who will soon retire tant Alaska Native values. charted and operational, Ellsworth Air from Gulfstream Aerospace in Savan- Bobby was a known advocate for land Force Base will save up to $23 million nah, GA for his significant contribu- and water protection in Alaska. As a a year by being able to train closer to tions to the aviation industry. His fore- writer and public speaker Bobby took home. In addition, other aircraft from thought, leadership, and commitment his advocacy across the State, Nation, around the Nation can come to South to improving the industry are evi- and overseas. He often visited places Dakota to utilize this training space, denced in his 40 years of hard work. like Juneau, Washington, DC, and Lon- improving overall readiness. The ex- Beginning in 1975, Mr. Lombardo don when asked to speak about Alaska. panded Powder River Training Complex helped pave the way for the future of It was said about Bobby that ‘‘any- is a national treasure. flight. He started at Douglas Aircraft, where he was needed, he would go . . .’’ I want to thank Colonel Kennedy for a division of McDonnell Douglas Cor- Bobby was once quoted saying, ‘‘I his commitment to this project and for poration, working on the DC–10/MD–11 find myself fighting for the future of his service to our Nation. He really is Trijet program Mr. Lombardo was later our renewable fish and wildlife re- a shining example of the dedication responsible for the MD–88/MD–90 sources. They are the central part of and leadership that makes America’s Twinjet production operation. my culture,’’ he said. ‘‘We need to let Air Force the greatest in the world.∑ In 1996, after 20 years at Douglas Air- the rest of the world know so we can f craft, Mr. Lombardo joined Gulfstream all work together to protect the envi- Aerospace in Savannah. There he held ronment, air, water and lands that RECOGNIZING INNOGENOMICS positions as the vice president of co- produce subsistence resources on which TECHNOLOGIES production and the chief operating offi- we depend.’’ ∑ Mr. VITTER. Mr. President, small cer. He also served as president from Bobby loved Alaska, loved his fam- businesses often have the unique abil- 2007 to 2011 and as the executive vice ily—especially his grandchildren—and ity to pinpoint serious problems in president of the Aerospace Group for he was an important voice for Alaska. their communities while working with General Dynamics, Gulfstream’s parent He passed naturally at his cabin, a local agencies and other small busi- company. place he loved, where he went to rest nesses to get things done. Sometimes During his tenure at Gulfstream, Mr. after fishing. He will be missed.∑ these small businesses provide ground- Lombardo was instrumental in the co- f breaking, innovative technological so- production of the Gulfstream IV-SP lutions to problems that have gone un- RECOGNIZING COLONEL KEVIN and Gulfstream GV and the develop- solved for decades. As we close out Na- KENNEDY ment of the Gulfstream G650 and the tional Small Business Week, I am Gulfstream G280. ∑ Mr. THUNE. Mr. President, today I proud to recognize InnoGenomics Tech- Mr. Lombardo’s contributions extend recognize Colonel Kevin Kennedy, com- nologies of New Orleans, LA. as a to his community where he served on mander of the 28th Bomb Wing, Ells- Small Business of the Day for National the Corporate Angel Network’s board worth Air Force Base, near Rapid City, Small Business Week. of directors and as the chairman of the SD. Colonel Kennedy has been the com- In the wake of Hurricane Katrina’s Board of Governors of Ocean Exchange. mander at Ellsworth for the past 2 devastation, Dr. Sudhir Sinha, presi- He is the recipient of the National years, and has served in his position dent and CEO of InnoGenomics Tech- Management Association’s Silver admirably. nologies, had the idea to develop a new Knight Award and was awarded the Colonel Kennedy began his career at DNA marker system to aid in identi- Cliff Henderson Trophy by the National the Air Force Academy in Colorado. He fying victims of natural disasters. De- Aeronautic Association in 2012 for his is a B–1 pilot who went on to serve at veloped with the support of National aviation leadership. Ellsworth on multiple occasions, in- Science Foundation Small Business In- It is my pleasure to join Mr. cluding as deputy commander of the novation Research, SBIR, grants, Lombardo’s colleagues, family, and 28th Operations Group as recently as InnoGenomics Technologies’ patented friends in celebrating his dedicated ca- 2010. During his career he also served technology gives forensic scientists the reer and his many contributions to the as the vice commander of the 379th Air ability to test the most challenging aerospace industry and community.∑ Expeditionary Wing in South West DNA submissions to solve crimes and f Asia and as the director of the Air save lives. Additionally, the Force Strategic Study Group at the InnoGenomics Technologies team is REMEMBERING BOBBY ANDREW Pentagon here in DC. currently developing a new method to ∑ Ms. MURKOWSKI. Mr. President, I When he came back to Ellsworth 2 detect and monitor cancer—a liquid bi- wish to recognize a man who was well years ago as base commander, my of- opsy that can be conducted through a known across my State, and in many fice was working with the Air Force on minimally invasive blood test. Com- circles across our Nation. Bobby An- a 9-year project to expand the Powder bined, these two groundbreaking en- drew, an Alaska Native Yupik leader, River Training Complex, which is the deavors are advancing and revolution- passed away on May 12 at the age of 73 primary training airspace for the B–1 izing healthcare and forensic investiga- near Aleknagik in southwest Alaska. bombers based at Ellsworth, as well as tions. Aleknagik is 16 miles northwest of the B–52 bombers based in Minot Air Congratulations again to its hub community of Dillingham, a Force Base, ND. When Colonel Kennedy InnoGenomics Technologies for being small town of about 2,500 residents, arrived at Ellsworth as base com- selected as a Small Business of the Day which sits at the confluence of the mander, he made the completion of the for National Small Business Week.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.118 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3182 CONGRESSIONAL RECORD — SENATE May 20, 2015 Thank you for your continued commit- forgetting its small business roots, neering, and math. In his job as com- ment to innovating DNA technologies Raising Cane’s Chicken Fingers stays mandant, Colonel Davis has helped to solve crimes and save lives right in true to Louisiana and regularly gives positively shape the lives of several the heart of Louisiana.∑ back to the communities their estab- hundred cadets from the region. After 4 f lishments serve. Todd Graves and the years of operation, the academy has entire Raising Cane’s Chicken Fingers test results and student performance RECOGNIZING HARING CATFISH crew are an inspiring example of the improvement ranked well above aver- ∑ Mr. VITTER. Mr. President, small hard work, courage, and dedication ages by more established schools. Be- businesses often set a high standard for that go into running American small ginning in 2016, Colonel Davis will quality and service across the United businesses. leave Louisiana to become the next na- States. Commitment to reaching these Congratulations again to Raising tional executive director and CEO of high thresholds is most important in Cane’s Chicken Fingers for being rec- the Young Marines. our agriculture and food industries. ognized as a small business success Colonel Davis is an accomplished ex- One small business that has contin- story during the 2015 National Small ecutive whose commitment to young ually held itself to the highest bar for Business Week. Your commitment to people has always been fundamental quality and service is Haring Catfish, giving back to your local communities during his career. He is highly regarded located in Wisner, LA—the Small Busi- and remembering your small business for strategic thinking, sound financial ness of the Day for National Small beginning is recognized and greatly ap- management, marketing expertise, and Business Week. preciated.∑ exceptional project management skills. Louisiana is known for its fresh, f He is a distinguished leader who will high-quality, and delicious seafood. bring military expertise and business TRIBUTE TO COLONEL WILLIAM P. Opened in the early 1960s by Walter experience to the Young Marines. DAVIS Carl ‘‘Pete’’ Haring, Sr., Haring Catfish I am pleased to join with the Senate has since grown to processing over ∑ Mr. VITTER. Mr. President, today I in honoring the career of retired Col. 300,000 pounds of catfish per week. honor the career of one of Louisiana’s William P. Davis. We thank him for his Haring Catfish’s commitment to the heroes and most accomplished resi- service to our country and congratu- highest quality catfish through dents, retired Marine Corps Col. Wil- late him as he begins the next chapter healthy, high protein diets has ele- liam P. Davis. Colonel Davis was born of his career.∑ at Camp Pendleton, CA, the son of a vated them to be one of the most-rec- f ognized catfish farms in the United career marine, and spent his youth fol- States. Haring Catfish has received nu- lowing his father’s military postings. MESSAGES FROM THE HOUSE merous distinguished awards, including He is a combat veteran of Operation At 9:49 a.m., a message from the the Louisiana Catfish Farmer of the Desert Storm, and subsequently as- House of Representatives, delivered by Year Award, Catfish Farmers of Amer- signed as the supply, fiscal, and con- Mr. Novotny, one of its reading clerks, ica Award of Excellence, and the Small tracting officer for Landing Force announced that the House has passed Business Person of the Year Award by Training Command Atlantic. In 1997, the following bill, without amendment: the U.S. Small Business Administra- he was assigned to his first tour at the S. 178. An act to provide justice for the vic- tion. Marines Forces Reserve in New Orle- tims of trafficking. Congratulations again to Haring Cat- ans, LA. During that period, he was a The message also announced that the fish for being selected as a Small Busi- parent volunteer for the Young Ma- House has passed the following bills, in ness of the Day for National Small rines chapter in Slidell, LA, where he which it requests the concurrence of Business Week. Thank you for your organized training events and tours to the Senate: continued commitment to providing units and bases. In addition, he pro- H.R. 2250. An act making appropriations the high-quality and delicious catfish vided classes for the annual regimental for the Legislative Branch for the fiscal year in Louisiana.∑ encampment as well as at recruit ending September 30, 2016, and for other pur- f training events. poses. Colonel Davis was operations officer H.R. 2353. An act to provide an extension of RECOGNIZING RAISING CANE’S for Joint Task Force Civil Support, a Federal-aid highway, highway safety, motor CHICKEN FINGERS military organization under the U.S. carrier safety, transit, and other programs ∑ Mr. VITTER. Mr. President, just as Northern Command at Fort Monroe, funded out of the Highway Trust Fund, and important as it is to recognize our VA, where he led a team of technical for other purposes. small businesses, it is often important experts in planning post-incident re- At 11:06 a.m., a message from the to also recognize our small business covery from chemical, biological, radi- House of Representatives, delivered by success stories—especially those that ological or nuclear incidents. He sup- Mr. Novotny, one of its reading clerks, make a substantial impact in their in- ported planning for the 2006 Winter announced that the House has passed dustries and in their communities. As a Olympics, 2006 Southeast Asian Games, the following bills, in which it requests part of National Small Business Week, and other exercises across the world. the concurrence of the Senate: I am proud to recognize the Louisiana During Hurricane Katrina’s aftermath H.R. 874. An act to amend the Department small business success story of Raising in 2005, he worked with Federal, mili- of Energy High-End Computing Revitaliza- Cane’s Chicken Fingers. tary, State, and local authorities in tion Act of 2004 to improve the high-end In the early 1990s, Todd Graves was support of response operations. computing research and development pro- inspired to open a chicken finger res- Colonel Davis returned to New Orle- gram of the Department of Energy, and for taurant. After the bank turned down ans in 2006, becoming assistant chief of other purposes. the fresh-out-of-college graduate for a Staff at Marine Forces Reserve. He led H.R. 1119. An act to improve the efficiency loan, Graves spent the next few years a staff of 80 people charged with over- of Federal research and development, and for working various jobs to earn and save seeing construction, maintenance, and other purposes. H.R. 1156. An act to authorize the estab- the money necessary to open Raising repairs of 187 reserve sites nationwide, lishment or designation of a working group Cane’s in Baton Rouge, LA. in 1996. In including the construction of the 29- under the National Science and Technology the years since, Raising Cane’s Chicken acre Marine Corps Support Facility in Council to identify and coordinate inter- Fingers has opened over 150 locations New Orleans. From 2011 until recently, national science and technology cooperation across the United States and has Colonel Davis was the inaugural com- opportunities. gained a fandom following. Raising mandant of the New Orleans Military H.R. 1158. An act to improve management Cane’s Chicken Fingers prides itself on and Maritime Academy, a charter high of the National Laboratories, enhance tech- their commitment to the absolute school where all students are cadets of nology commercialization, facilitate public- private partnerships, and for other purposes. highest quality products and services— the Marine Corps Junior Reserve Offi- H.R. 1162. An act to make technical a model that has earned them numer- cers Training Corps Program and are changes to provisions authorizing prize com- ous ‘‘Best Places to Work’’ awards focused on college preparation with an petitions under the Stevenson-Wydler Tech- from regions across the country. Never emphasis on science, technology, engi- nology Innovation Act of 1980.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.057 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3183 H.R. 1561. An act to improve the National EXECUTIVE REPORTS OF By Mr. CORNYN: Oceanic and Atmospheric Administration’s COMMITTEE S. 1397. A bill to amend the Internal Rev- weather research through a focused program enue Code of 1986 to require that ITIN appli- of investment on affordable and attainable The following executive reports of cants submit their application in person at advances in observational, computing, and nominations were submitted: taxpayer assistance centers, and for other modeling capabilities to support substantial By Mr. THUNE for the Committee on Com- purposes; to the Committee on Finance. improvement in weather forecasting and pre- merce, Science, and Transportation. By Mr. ALEXANDER (for himself, Mr. diction of high impact weather events, to ex- *Mario Cordero, of California, to be a Fed- COONS, Ms. MURKOWSKI, Ms. CANT- pand commercial opportunities for the provi- eral Maritime Commissioner for the term ex- WELL, Mr. GARDNER, Mrs. FEINSTEIN, sion of weather data, and for other purposes. piring June 30, 2019. and Mr. HEINRICH): *Daniel R. Elliott III, of Ohio, to be a S. 1398. A bill to extend, improve, and con- At 10:22 p.m., a message from the Member of the Surface Transportation Board solidate energy research and development House of Representatives, delivered by for a term expiring December 31, 2018. programs, and for other purposes; to the *Coast Guard nomination of Rear Adm. Committee on Energy and Natural Re- Mrs. Cole, one of its reading clerks, an- Sandra L. Stosz, to be Vice Admiral. sources. nounced that the House has agreed to *Nomination was reported with rec- By Mr. BENNET: the following concurrent resolution, in S. 1399. A bill to amend the Internal Rev- ommendation that it be confirmed sub- which it requests the concurrence of enue Code of 1986 to permanently extend and ject to the nominee’s commitment to the Senate: increase expensing limitations, and for other respond to requests to appear and tes- purposes; to the Committee on Finance. H. Con. Res. 47. Concurrent resolution to tify before any duly constituted com- By Mr. DURBIN: correct the enrollment of S. 178. mittee of the Senate. S. 1400. A bill to amend the Small Business Act to direct the task force of the Office of f f Veterans Business Development to provide INTRODUCTION OF BILLS AND access to and manage the distribution of ex- MEASURES REFERRED JOINT RESOLUTIONS cess or surplus property to veteran-owned small businesses; to the Committee on Small The following bills were read the first The following bills and joint resolu- Business and Entrepreneurship. and the second times by unanimous tions were introduced, read the first By Mr. TILLIS (for himself and Mr. consent, and referred as indicated: and second times by unanimous con- BURR): H.R. 874. An act to amend the Department sent, and referred as indicated: S. 1401. A bill to provide for the annual des- of Energy High-End Computing Revitaliza- ignation of cities in the United States as an By Mr. GARDNER (for himself and Mr. tion Act of 2004 to improve the high-end ‘‘American World War II City’’; to the Com- BENNET): computing research and development pro- mittee on Armed Services. S. 1390. A bill to help provide relief to By Mr. LEAHY (for himself and Mr. gram of the Department of Energy, and for State education budgets during a recovering GRASSLEY): other purposes; to the Committee on Energy economy, to help fulfill the Federal mandate and Natural Resources. S. 1402. A bill to allow acceleration certifi- to provide higher educational opportunities cates awarded under the Patents for Human- H. R. 1119. An act to improve the efficiency for Native American Indians, and for other of Federal research and development, and for ity Program to be transferable; to the Com- purposes; to the Committee on Health, Edu- mittee on the Judiciary. other purposes; to the Committee on Com- cation, Labor, and Pensions. merce, Science, and Transportation. By Mr. RUBIO: By Mr. UDALL (for himself and Mr. S. 1403. A bill to amend the Magnuson-Ste- H.R. 1156. An act to authorize the estab- HEINRICH): vens Fishery Conservation and Management lishment or designation of a working group S. 1391. A bill to increase research, edu- Act to promote sustainable conservation and under the National Science and Technology cation, and treatment for cerebral cavernous management for the Gulf of Mexico and Council to identify and coordinate inter- malformations; to the Committee on Health, South Atlantic fisheries and the commu- national science and technology cooperation Education, Labor, and Pensions. nities that rely on them, and for other pur- opportunities; to the Committee on Foreign By Mr. MARKEY: poses; to the Committee on Commerce, Relations. S. 1392. A bill to require certain practi- Science, and Transportation. H.R. 1158. An act to improve management tioners authorized to prescribe controlled By Mr. PORTMAN (for himself, Mr. of the National Laboratories, enhance tech- substances to complete continuing edu- MCCAIN, Mr. ISAKSON, and Mr. COR- nology commercialization, facilitate public- cation; to the Committee on Health, Edu- NYN): private partnerships, and for other purposes; cation, Labor, and Pensions. S. 1404. A bill to free States to spend gas to the Committee on Energy and Natural Re- By Mr. THUNE (for himself, Mrs. CAP- taxes on their transportation priorities; to sources ITO, Mr. COTTON, Mrs. FISCHER, Mr. the Committee on Environment and Public H.R. 1162. An act to make technical FLAKE, Mr. INHOFE, Mr. LEE, and Mr. Works. changes to provisions authorizing prize com- ROBERTS): By Mr. FRANKEN: petitions under the Stevenson-Wydler Tech- S. 1393. A bill to require the Administrator S. 1405. A bill to require a coordinated re- nology Innovation Act of 1980; to the Com- of the Environmental Protection Agency to sponse to coal fuel supply emergencies that mittee on Commerce, Science, and Transpor- include in each regulatory impact analysis could impact electric power system ade- tation. for a proposed or final rule an analysis that quacy or reliability; to the Committee on H.R. 1561. An act to improve the National does not include any other proposed or Energy and Natural Resources. Oceanic and Atmospheric Administration’s unimplemented rule; to the Committee on By Mr. VITTER: weather research through a focused program Environment and Public Works. S. 1406. A bill to amend the Federal Food, of investment on affordable and attainable By Mr. MERKLEY (for himself and Mr. Drug, and Cosmetic Act with respect to pharmacy compounding; to the Committee advances in observational, computing, and WYDEN): modeling capabilities to support substantial S. 1394. A bill to amend the Federal Water on Health, Education, Labor, and Pensions. improvement in weather forecasting and pre- Pollution Control Act to establish within the By Mr. HELLER (for himself, Mr. diction of high impact weather events, to ex- Environmental Protection Agency a Colum- RISCH, Mr. HEINRICH, and Mr. pand commercial opportunities for the provi- bia River Basin Restoration Program; to the TESTER): S. 1407. A bill to promote the development sion of weather data, and for other purposes; Committee on Environment and Public of renewable energy on public land, and for to the Committee on Commerce, Science, Works. other purposes; to the Committee on Energy and Transportation. By Ms. MURKOWSKI: and Natural Resources. H.R. 2250. An act making appropriations S. 1395. A bill to reinstate certain mining By Mr. PETERS (for himself, Mr. for the Legislative Branch for the fiscal year claims in the State of Alaska; to the Com- ending September 30, 2016, and for other pur- ALEXANDER, and Ms. STABENOW): mittee on Energy and Natural Resources. S. 1408. A bill to provide for a program of poses; to the Committee on Appropriations. By Mr. THUNE (for himself and Ms. research, development, demonstration, and STABENOW): commercial application in vehicle tech- f S. 1396. A bill to establish a demonstration nologies at the Department of Energy; to the program requiring the utilization of Value- Committee on Energy and Natural Re- MEASURES READ THE FIRST TIME Based Insurance Design in order to dem- sources. onstrate that reducing the copayments or The following bill was read the first coinsurance charged to Medicare bene- f time: ficiaries for selected high-value prescription SUBMISSION OF CONCURRENT AND H.R. 2353. An act to provide an extension of medications and clinical services can in- SENATE RESOLUTIONS Federal-aid highway, highway safety, motor crease their utilization and ultimately im- carrier safety, transit, and other programs prove clinical outcomes, enhance beneficiary The following concurrent resolutions funded out of the Highway Trust Fund, and satisfaction, and lower health care expendi- and Senate resolutions were read, and for other purposes. tures; to the Committee on Finance. referred (or acted upon), as indicated:

VerDate Sep 11 2014 00:12 Feb 12, 2016 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD15\MAY 15\S20MY5.REC S20MY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3184 CONGRESSIONAL RECORD — SENATE May 20, 2015 By Mr. ROUNDS (for himself, Mr. COLLINS) was added as a cosponsor of S. Labor Standards Act of 1938 to prohibit MANCHIN, Mr. THUNE, Mr. INHOFE, 711, a bill to amend section 520J of the employment of children in tobacco-re- Mrs. CAPITO, Mr. RISCH, Mr. HOEVEN, Public Service Health Act to authorize lated agriculture by deeming such em- and Ms. COLLINS): grants for mental health first aid ployment as oppressive child labor. S. Con. Res. 17. A concurrent resolution es- tablishing a joint select committee to ad- training programs. S. 1004 dress regulatory reform; to the Committee S. 713 At the request of Mr. KIRK, the name on Rules and Administration. At the request of Mrs. BOXER, the of the Senator from Texas (Mr. COR- f name of the Senator from New Mexico NYN) was added as a cosponsor of S. ADDITIONAL COSPONSORS (Mr. UDALL) was added as a cosponsor 1004, a bill to amend title 36, United of S. 713, a bill to prevent international States Code, to encourage the nation- S. 85 violence against women, and for other wide observance of two minutes of si- At the request of Mr. KING, the name purposes. lence each Veterans Day. of the Senator from West Virginia (Mr. S. 746 S. 1020 MANCHIN) was added as a cosponsor of At the request of Mr. WHITEHOUSE, At the request of Mr. VITTER, the S. 85, a bill to amend the Higher Edu- the names of the Senator from New name of the Senator from Maine (Ms. cation Act of 1965 to establish a sim- Jersey (Mr. MENENDEZ) and the Sen- COLLINS) was added as a cosponsor of S. plified income-driven repayment plan, ator from Maryland (Mr. CARDIN) were 1020, a bill to amend title XVIII of the and for other purposes. added as cosponsors of S. 746, a bill to Social Security Act to ensure the con- S. 127 provide for the establishment of a tinued access of Medicare beneficiaries At the request of Mrs. SHAHEEN, the Commission to Accelerate the End of to diagnostic imaging services, and for name of the Senator from South Da- Breast Cancer. other purposes. kota (Mr. ROUNDS) was added as a co- At the request of Mr. GRASSLEY, the S. 1040 sponsor of S. 127, a bill to prohibit Fed- name of the Senator from Michigan eral funding for motorcycle check- At the request of Mr. HELLER, the (Mr. PETERS) was added as a cosponsor name of the Senator from Montana points, and for other purposes. of S. 746, supra. (Mr. DAINES) was added as a cosponsor S. 149 S. 796 of S. 1040, a bill to direct the Consumer At the request of Mr. HATCH, the At the request of Mrs. MURRAY, the Product Safety Commission and the name of the Senator from Florida (Mr. name of the Senator from Washington National Academy of Sciences to study RUBIO) was added as a cosponsor of S. (Ms. CANTWELL) was added as a cospon- the vehicle handling requirements pro- 149, a bill to amend the Internal Rev- sor of S. 796, a bill to incentivize State posed by the Commission for rec- enue Code of 1986 to repeal the excise support for postsecondary education reational off-highway vehicles and to tax on medical devices. and to promote increased access and af- prohibit the adoption of any such re- S. 356 fordability for higher education for quirements until the completion of the At the request of Mr. LEE, the name students, including Dreamer students. study, and for other purposes. of the Senator from New Hampshire S. 802 S. 1085 (Ms. AYOTTE) was added as a cosponsor At the request of Mr. RUBIO, the At the request of Mrs. MURRAY, the of S. 356, a bill to improve the provi- name of the Senator from New York name of the Senator from Wisconsin sions relating to the privacy of elec- (Mrs. GILLIBRAND) was added as a co- (Ms. BALDWIN) was added as a cospon- tronic communications. sponsor of S. 802, a bill to authorize the sor of S. 1085, a bill to expand eligi- S. 389 Secretary of State and the Adminis- bility for the program of comprehen- At the request of Ms. HIRONO, the trator of the United States Agency for sive assistance for family caregivers of names of the Senator from California International Development to provide the Department of Veterans Affairs, to (Mrs. BOXER) and the Senator from assistance to support the rights of expand benefits available to partici- Washington (Ms. CANTWELL) were women and girls in developing coun- pants under such program, to enhance added as cosponsors of S. 389, a bill to tries, and for other purposes. special compensation for members of amend section 1111(h)(1)(C)(i) of the El- S. 804 the uniformed services who require as- ementary and Secondary Education At the request of Mrs. SHAHEEN, the sistance in everyday life, and for other Act of 1965 to require that annual State name of the Senator from Minnesota purposes. report cards reflect the same race (Ms. KLOBUCHAR) was added as a co- S. 1122 groups as the decennial census of popu- sponsor of S. 804, a bill to amend title lation. At the request of Mr. DURBIN, the XVIII of the Social Security Act to name of the Senator from Rhode Island S. 491 specify coverage of continuous glucose (Mr. WHITEHOUSE) was added as a co- At the request of Ms. KLOBUCHAR, the monitoring devices, and for other pur- sponsor of S. 1122, a bill to provide that name of the Senator from Missouri poses. chapter 1 of title 9 of the United States (Mrs. MCCASKILL) was added as a co- S. 862 Code, relating to the enforcement of sponsor of S. 491, a bill to lift the trade At the request of Ms. MIKULSKI, the arbitration agreements, shall not apply embargo on Cuba. name of the Senator from Hawaii (Mr. to enrollment agreements made be- S. 524 SCHATZ) was added as a cosponsor of S. tween students and certain institutions At the request of Mr. WHITEHOUSE, 862, a bill to amend the Fair Labor of higher education, and to prohibit the name of the Senator from Utah Standards Act of 1938 to provide more limitations on the ability of students (Mr. HATCH) was added as a cosponsor effective remedies to victims of dis- to pursue claims against certain insti- of S. 524, a bill to authorize the Attor- crimination in the payment of wages tutions of higher education. ney General to award grants to address on the basis of sex, and for other pur- S. 1123 the national epidemics of prescription poses. At the request of Mr. LEE, the name opioid abuse and heroin use. S. 950 of the Senator from New Jersey (Mr. S. 682 At the request of Mr. CASEY, the MENENDEZ) was added as a cosponsor of At the request of Mr. DONNELLY, the name of the Senator from California S. 1123, a bill to reform the authorities name of the Senator from South Caro- (Mrs. BOXER) was added as a cosponsor of the Federal Government to require lina (Mr. SCOTT) was added as a cospon- of S. 950, a bill to amend the Internal the production of certain business sor of S. 682, a bill to amend the Truth Revenue Code of 1986 to provide for a records, conduct electronic surveil- in Lending Act to modify the defini- refundable adoption tax credit. lance, use pen registers and trap and tions of a mortgage originator and a S. 974 trace devices, and use other forms of high-cost mortgage. At the request of Mr. DURBIN, the information gathering for foreign in- S. 711 name of the Senator from Minnesota telligence, counterterrorism, and At the request of Ms. AYOTTE, the (Mr. FRANKEN) was added as a cospon- criminal purposes, and for other pur- name of the Senator from Maine (Ms. sor of S. 974, a bill to amend the Fair poses.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.005 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3185 S. 1126 KIRK) was added as a cosponsor of S. to an administrative appeal relating to At the request of Mr. COONS, the 1345, a bill to amend title XVIII of the adverse determinations of tax-exempt names of the Senator from Michigan Social Security Act to improve access status of certain organizations. (Ms. STABENOW) and the Senator from to diabetes self-management training AMENDMENT NO. 1370 Montana (Mr. TESTER) were added as by authorizing certified diabetes edu- At the request of Mr. MERKLEY, the cosponsors of S. 1126, a bill to modify cators to provide diabetes self-manage- name of the Senator from Massachu- and extend the National Guard State ment training services, including as setts (Ms. WARREN) was added as a co- Partnership Program. part of telehealth services, under part sponsor of amendment No. 1370 in- S. 1130 B of the Medicare program. tended to be proposed to H.R. 1314, a At the request of Mrs. BOXER, the S. 1377 bill to amend the Internal Revenue name of the Senator from Montana At the request of Mr. LEAHY, the Code of 1986 to provide for a right to an (Mr. TESTER) was added as a cosponsor name of the Senator from New Mexico administrative appeal relating to ad- of S. 1130, a bill to amend title 10, (Mr. HEINRICH) was added as a cospon- verse determinations of tax-exempt United States Code, to improve proce- sor of S. 1377, a bill to amend title 18, status of certain organizations. dures for legal justice for members of United States Code, to clarify and ex- AMENDMENT NO. 1390 the Armed Forces, and for other pur- pand Federal criminal jurisdiction over At the request of Mr. FRANKEN, the poses. Federal contractors and employees name of the Senator from Massachu- setts (Ms. WARREN) was added as a co- S. 1176 outside the United States, and for other purposes. sponsor of amendment No. 1390 in- At the request of Mr. UDALL, the tended to be proposed to H.R. 1314, a S. RES. 143 name of the Senator from New York bill to amend the Internal Revenue At the request of Mr. SCHATZ, the (Mrs. GILLIBRAND) was added as a co- Code of 1986 to provide for a right to an names of the Senator from California sponsor of S. 1176, a bill to amend the administrative appeal relating to ad- (Mrs. BOXER), the Senator from Min- Internal Revenue Code of 1986 to re- verse determinations of tax-exempt nesota (Mr. FRANKEN) and the Senator form the system of public financing for status of certain organizations. from New York (Mrs. GILLIBRAND) were Presidential elections, and for other AMENDMENT NO. 1411 added as cosponsors of S. Res. 143, a purposes. At the request of Mr. HATCH, the resolution supporting efforts to ensure S. 1214 names of the Senator from Oregon (Mr. that students have access to debt-free At the request of Mr. MENENDEZ, the WYDEN), the Senator from Delaware higher education. names of the Senator from Rhode Is- (Mr. CARPER), the Senator from Vir- S. RES. 148 land (Mr. WHITEHOUSE) and the Senator ginia (Mr. WARNER), the Senator from from Vermont (Mr. LEAHY) were added At the request of Mr. KIRK, the name Virginia (Mr. KAINE), the Senator from as cosponsors of S. 1214, a bill to pre- of the Senator from Arkansas (Mr. Colorado (Mr. BENNET), the Senator vent human health threats posed by BOOZMAN) was added as a cosponsor of from Missouri (Mrs. MCCASKILL), the the consumption of equines raised in S. Res. 148, a resolution condemning Senator from Texas (Mr. CORNYN), the the United States. the Government of Iran’s state-spon- Senator from Tennessee (Mr. ALEX- sored persecution of its Baha’i minor- S. 1239 ANDER), the Senator from Tennessee ity and its continued violation of the At the request of Mr. DONNELLY, the (Mr. CORKER), the Senator from Nevada International Covenants on Human name of the Senator from North Da- (Mr. HELLER) and the Senator from In- Rights. kota (Mr. HOEVEN) was added as a co- diana (Mr. COATS) were added as co- sponsor of S. 1239, a bill to amend the AMENDMENT NO. 1227 sponsors of amendment No. 1411 pro- Clean Air Act with respect to the eth- At the request of Mrs. SHAHEEN, the posed to H.R. 1314, a bill to amend the anol waiver for the Reid vapor pressure name of the Senator from New Jersey Internal Revenue Code of 1986 to pro- vide for a right to an administrative limitations under that Act. (Mr. MENENDEZ) was added as a cospon- sor of amendment No. 1227 proposed to appeal relating to adverse determina- S. 1300 H.R. 1314, a bill to amend the Internal tions of tax-exempt status of certain At the request of Mrs. FEINSTEIN, the Revenue Code of 1986 to provide for a organizations. names of the Senator from Ohio (Mr. right to an administrative appeal relat- f PORTMAN), the Senator from Wyoming ing to adverse determinations of tax- STATEMENTS ON INTRODUCED (Mr. ENZI), the Senator from Texas exempt status of certain organizations. (Mr. CRUZ) and the Senator from Wash- BILLS AND JOINT RESOLUTIONS AMENDMENT NO. 1299 ington (Ms. CANTWELL) were added as At the request of Mr. PORTMAN, the By Ms. MURKOWSKI: cosponsors of S. 1300, a bill to amend names of the Senator from Vermont S. 1395. A bill to reinstate certain the section 221 of the Immigration and mining claims in the State of Alaska; (Mr. SANDERS), the Senator from New Nationality Act to provide relief for to the Committee on Energy and Nat- Mexico (Mr. HEINRICH), the Senator adoptive families from immigrant visa ural Resources. from Connecticut (Mr. MURPHY), the feeds in certain situations. Ms. MURKOWSKI. Mr. President, I Senator from New Mexico (Mr. UDALL), S. 1312 rise today to reintroduce legislation in the Senator from Connecticut (Mr. a dramatically different form to rein- At the request of Ms. MURKOWSKI, the BLUMENTHAL) and the Senator from name of the Senator from South Caro- state two small miner’s claims, which Rhode Island (Mr. REED) were added as have been taken from them because of lina (Mr. SCOTT) was added as a cospon- cosponsors of amendment No. 1299 pro- sor of S. 1312, a bill to modernize Fed- an inequitable federal administrative posed to H.R. 1314, a bill to amend the process. eral policies regarding the supply and Internal Revenue Code of 1986 to pro- distribution of energy in the United Under revisions to the Federal Min- vide for a right to an administrative ing Law of 1872, 30 U.S.C. 28(f) holders States, and for other purposes. appeal relating to adverse determina- of unpatented mineral claims must pay S. 1334 tions of tax-exempt status of certain a claim maintenance fee originally set At the request of Ms. MURKOWSKI, the organizations. at $100 per claim by a deadline, set by name of the Senator from Rhode Island AMENDMENT NO. 1369 regulation, of September l each year. (Mr. WHITEHOUSE) was added as a co- At the request of Mr. MERKLEY, the Since 2004 that fee has risen to $140 per sponsor of S. 1334, a bill to strengthen names of the Senator from Hawaii (Mr. claim. But Congress also provided a enforcement mechanisms to stop ille- SCHATZ), the Senator from Wisconsin claim maintenance fee waiver for gal, unreported, and unregulated fish- (Ms. BALDWIN), the Senator from Ohio ‘‘small’’ miners, those who hold 10 or ing, to amend the Tuna Conventions (Mr. BROWN) and the Senator from fewer claims, so that they do not have Act of 1950 to implement the Antigua Massachusetts (Ms. WARREN) were to submit the fee, but that they must Convention, and for other purposes. added as cosponsors of amendment No. file to renew their claims and submit S. 1345 1369 intended to be proposed to H.R. an affidavit of annual labor, work con- At the request of Mrs. SHAHEEN, the 1314, a bill to amend the Internal Rev- ducted on the claim, each year, certi- name of the Senator from Illinois (Mr. enue Code of 1986 to provide for a right fying that they had performed more

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.009 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3186 CONGRESSIONAL RECORD — SENATE May 20, 2015 than $100 of work on the claim in the simple due process would just encour- versions of my legislation improperly preceding year, 30 U.S.C. 28f(d)(1). The age miners to ignore the deadline for would have resulted in the patenting of waiver provision further states: ‘‘If a filing of their fee waivers. the claims by the granting of a first small miner waiver application is de- I clearly find the cost argument half final certificate in the Trautner termined to be defective for any rea- unpersuasive. Many Federal depart- case, I have modified this bill simply to son, the claimant shall have a period of ments and agencies, the Federal Com- reinstate the claims, but not to take 60 days after receipt of written notifi- munication Commission, as one exam- steps to confirm patents. By this bill cation of the defect or defects by the ple, routinely sends out notices on per- Mr. Trautner will have to wait like Bureau of Land Management to: A) mit and license applications. The FCC many other miners for Congress to re- cure such defect or defects or (B) pay sends out hundreds of thousands of consider the merits of the moratorium the . . . claim maintenance fee(s) due such notices to Americans who have on patent issuance first imposed on the for such a period.’’ small radio licenses expiring yearly, Mining Law of 1872 by Congress in 1995. Since past revisions of the law, there warning them that they need to file ap- It is simple justice that Mr. Trautner have been a series of incidents where plications for license renewal. The Bu- and the Thurneau family receive their miners have argued that they sub- reau of Land Management certainly claims back, since Congress clearly mitted their applications and affidavits should be able to afford a few hundred thought it was giving miners a guaran- of annual labor in a timely manner, stamps to perform a similar service. teed opportunity to remedy claim de- but due to clerical error by U.S. Bu- Given the value of claims placed at fects when it created the small miner reau of Land Management staff, mail- risk and the bother, inconvenience and waiver provisions in 1993. Return of the ing delays or for unexplained reasons, fear of loss of claims, it is highly un- claims will cost the government noth- the applications or documents were not likely that miners would avoid filing ing and likely will result in added fed- recorded as having been received in a their waiver paperwork on time just eral revenues, hopefully preventing timely fashion. In that case BLM has because a notification process was this bill from facing any procedural terminated the claims, deeming them clearly in place before claims could be issues. I hope that justice will finally null and void. While mining claim terminated. prevail in these cases this Congress, holders have argued that the law pro- But after facing the clear opposition even though I regret that I see no vides them time to cure claim defects, of this administration over 6 years to means to fix the larger inequity in the BLM has argued that the cure only ap- resolving this inequity, today I simply interpretation of the small miner waiv- plies when applications or fees have file legislation to remedy the injustices er statute for the foreseeable future. been received in a timely manner. for two of my constituents who have Thus, there is no administrative rem- lost their rights, in one case to nine By Mr. CORNYN: edy for miners who believe that cler- mineral claims on the Kenai Peninsula, S. 1397. A bill to amend the Internal ical errors by BLM or mail issues re- near Hope, Alaska, and in the second Revenue Code of 1986 to require that sulted in loss or the late recording of case to a single placer claim in the ITIN applicants submit their applica- claim extension applications and pa- Fortymile District of northeast Alas- tion in person at taxpayer assistance perwork. ka. The transition language proposed centers, and for other purposes; to the There have been a number of cases will reinstate claims for Mr. John Committee on Finance. where Congress has been asked to over- Trautner, who has lost title to claims Mr. CORNYN. Mr. President, I ask ride BLM determinations and reinstate that he had held from 1982 to 2004. Mr. unanimous consent that the text of the mining claims simply because of the Trautner suffered this loss even though bill be printed in the RECORD. disputes over whether the claims had he had a consistent record of having There being no objection, the text of been filed in a timely manner. Con- paid the annual labor assessment fee the bill was ordered to be printed in gress in 2003 reinstated such claims in for the previous 22 years. The local the RECORD, as follows: a previous Alaska case. Claims in two BLM office did have a time-date- S. 1397 other incidents were reinstated fol- stamped record that the maintenance Be it enacted by the Senate and House of Rep- lowing a U.S. District Court case in the fee waiver certification form had been resentatives of the United States of America in 10th Circuit first in 2009 in the case of filed weeks before the deadline, but Congress assembled, Miller v. United States and in a second just not a record that the affidavit of SECTION 1. SHORT TITLE. Alaska case in 2013. Legislation to cor- annual labor had arrived when he This Act may be cited as the ‘‘ITIN Reform Act of 2015’’. rect the provision to prevent this prob- dropped it at the office in Anchorage at SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF lem actually was approved by the Sen- the same time. ITINS. ate in 2007, but did not ultimately be- In the second case, it will reinstate a (a) IN GENERAL.—Section 6109 of the Inter- come law. claim held by Mr. and Mrs. Vernon nal Revenue Code of 1986 is amended by add- In the past three Congresses I have Thurneau, now of Wasilla, who lost ing at the end the following: introduced legislation intended to their claim after mining it continu- ‘‘(i) SPECIAL RULES RELATING TO THE short circuit continued litigation and ously for 38 years in 2009, simply be- ISSUANCE OF ITINS.— pleas for claim reinstatement by clari- cause of a holiday season error. In this ‘‘(1) IN GENERAL.—The Secretary may issue fying the intent of Congress that min- an individual taxpayer identification number case the Thurneau’s paid their fees on to an individual only if the requirements of ers do have to be informed that their time, and turned in their proof of labor paragraphs (2) and (3) are met. claims are in jeopardy of being voided affidavit to the Fairbanks Recorders ‘‘(2) IN-PERSON APPLICATION.—The require- and given 60 days of notice to cure de- Office in December before the deadline. ments of this paragraph are met if, with re- fects, including giving them time to They received a time and date stamp spect to an application for an individual tax- submit their applications and to sub- that they produced the information in payer identification number— mit affidavits of annual labor, should a timely manner. But because of the ‘‘(A) the applicant submits an application their submittals not be received and Christmas holidays they simply forgot in person, using Form W–7 (or any successor processed by BLM officials on time. If thereof) and including the required docu- to turn/mail in the form to the BLM mentation, at a taxpayer assistance center all defects are not cured within 60 Anchorage office until after Jan. 1, of the Internal Revenue Service, or days—the obvious intent of Congress in missing the BLM’s required Dec. 31 ‘‘(B) in the case of an applicant who resides passing the original act—then claims deadline. Because of a holiday delay, outside of the United States, the applicant should be subject to voidance. But this they lost their claims and 38 years of submits the application in person to an em- administration has opposed the legisla- work. ployee of the Internal Revenue Service or a tion arguing that it would be too ex- This legislation, supported in the designee of the Secretary at a United States pensive to notify all small miners who past by the Alaska Miners Association, diplomatic mission or consular post, to- fail to file their small miner waiver will simply reinstate the two sets of gether with the required documentation. ‘‘(3) INITIAL ON-SITE VERIFICATION OF DOCU- documents on time and giving them claims, claims that have been held by MENTATION.—The requirements of this para- time to solve the defect prior to the the government over the past decade. graph are met if, with respect to each appli- loss of their claims. It has even been In response to complaints by the De- cation, an employee of the Internal Revenue suggested that giving small miners partment of the Interior that past Service at the taxpayer assistance center, or

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.016 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3187 the employee or designee described in para- S. 1400. A bill to amend the Small SOS, campaign was successful and the graph (2)(B), as the case may be, conducts an Business Act to direct the task force of battleship arrived in her current berth initial verification of the documentation the Office of Veterans Business Devel- on October 2, 1961. She was dedicated supporting the application submitted under opment to provide access to and man- on April 29, 1962, as the State’s memo- paragraph (2). ‘‘(4) REQUIRED DOCUMENTATION.—For pur- age the distribution of excess or sur- rial to its World War II veterans poses of this subsection— plus property to veteran-owned small At home, North Carolina’s coast was ‘‘(A) required documentation includes such businesses; to the Committee on Small a war zone. On April 13–14, 1942, the documentation as the Secretary may require Business and Entrepreneurship. first U-boat, German U–85, was sunk off that proves the individual’s identity and for- Mr. DURBIN. Mr. President, I ask the North Carolina Coast. Mr. Presi- eign status, and unanimous consent that the text of the dent, 397 ships were sunk or damaged ‘‘(B) the Secretary may only accept origi- bill be printed in the RECORD. and nearly 5,000 people were killed nal documents. There being no objection, the text of within sight of our shores. For 6 ‘‘(5) EXCEPTIONS.— the bill was ordered to be printed in months at the beginning of America’s ‘‘(A) MILITARY SPOUSES.—Paragraph (1) shall not apply to the spouse, or the depend- the RECORD, as follows: war, 65 German U-boats hunted Allied ents, without a social security number of a S. 1400 merchant vessels practically unop- taxpayer who is a member of the Armed Be it enacted by the Senate and House of Rep- posed. The greatest concentration of Forces of the United States. resentatives of the United States of America in these attacks came off North Carolina. ‘‘(B) TREATY BENEFITS.—Paragraph (1) Congress assembled, During World War II, Wilmington shall not apply to a nonresident alien apply- SECTION 1. SHORT TITLE. was the home of the North Carolina ing for an individual taxpayer identification This Act may be cited as the ‘‘Veterans Shipbuilding Company. The shipyard number for the purpose of claiming tax trea- Small Business Enhancement Act of 2015’’. was created as part of the U.S. Govern- ty benefits. SEC. 2. ACCESS TO EXCESS OR SURPLUS PROP- ‘‘(6) TERM.— ment’s Emergency Shipbuilding Pro- ERTY FOR VETERAN-OWNED SMALL gram. Workers built 243 ships in Wil- ‘‘(A) IN GENERAL.—An individual taxpayer BUSINESSES. identification number issued after the date mington during the five years the com- Section 32(c)(3)(B) of the Small Business of the enactment of this subsection shall be Act (15 U.S.C. 657b(c)(3)(B)) is amended— pany operated. valid only for the 5-year period which in- (1) in clause (v), by striking ‘‘; and’’ and in- The city was the site of three pris- cludes the taxable year of the individual for serting a semicolon; oner-of-war, POW, camps from Feb- which such number is issued and the 4 suc- (2) in clause (vi), by striking the period at ruary 1944 through April 1946. At their ceeding taxable years. the end and inserting ‘‘; and’’; and peak, the camps held 550 German pris- ‘‘(B) RENEWAL OF ITIN.—Such number shall (3) by adding at the end the following new be valid for an additional 5-year period only oners. The first camp was located on clause: if it is renewed through an application which the corner of Shipyard Boulevard and ‘‘(vii) providing access to and managing satisfies the requirements under paragraphs Carolina Beach Road; the old Confed- the distribution of excess or surplus property (2) and (3). erate post Fort Fisher housed German owned by the United States to small busi- ‘‘(C) SPECIAL RULE FOR EXISTING ITINS.—In ness concerns owned and controlled by vet- prisoners and also served as a training the case of an individual with an individual erans, pursuant to a memorandum of under- site for the Coastal Artillery and anti- taxpayer identification number issued on or standing between the task force and the head aircraft units. A smaller contingent of before the date of the enactment of this sub- of the applicable state agency (as defined in prisoners was assigned to a smaller section, such number shall not be valid after section 549 of title 40, United States Code).’’. the earlier of— site, working in the officers’ mess and doing grounds keeping at Bluethenthal ‘‘(i) the end of the 3-year period beginning By Mr. TILLIS (for himself and on the date of the enactment of this sub- Army Air Field, which is now Wil- section, or Mr. BURR): mington International Airport. ‘‘(ii) the first taxable year beginning S. 1401. A bill to provide for the an- Bluethenthal Army Air Field was used after— nual designation of cities in the United by the United States Army Air Forces’ ‘‘(I) the date of the enactment of this sub- States as an ‘‘American World War II Third Air Force for antisubmarine pa- section, and City’’; to the Committee on Armed trols and training. ‘‘(II) any taxable year for which the indi- Services. vidual (or, if a dependent, on which the indi- I want to thank my colleague Sen- Mr. TILLIS. Mr. President, I am ator BURR for bringing this idea to es- vidual is included) did not make a return.’’. pleased to introduce legislation to di- (b) INTEREST.—Section 6611 of the Internal tablish a process to recognize Wil- Revenue Code of 1986 is amended by redesig- rect the Secretary of Veterans Affairs mington and other American cities for nating subsection (h) as subsection (i) and by to designate one city each year as a their efforts during the war years, to inserting after subsection (g) the following World War II city, beginning with Wil- the Senate. But I also wish to single new subsection: mington, NC, as America’s first World out Wilbur Jones, a Wilmington native ‘‘(h) SPECIAL RULE RELATING TO ITINS.— War II City. Notwithstanding any other provision of this and military historian who has poured section, no interest shall be allowed or paid The names of the 10,000 Tarheels, who so much of his time and soul into en- to or on behalf of an individual with respect paid the ultimate price in World War II suring that the people of southeastern to any overpayment until 45 days after an in- are memorialized on the bulkhead of North Carolina never forget the con- dividual taxpayer identification number is the battleship USS North Carolina in tributions of our state to victory in the issued to the individual.’’. downtown Wilmington. Atlantic and the Pacific. (c) AUDIT BY TIGTA.—Not later than two During World War II, the USS North years after the date of the enactment of this Carolina, known affectionately Act, and every 2 years thereafter, the Treas- By Mr. LEAHY (for himself and ury Inspector General for Tax Administra- throughout the Navy as the ‘‘Show- Mr. GRASSLEY): tion shall conduct an audit of the program of boat’’, ‘‘participated in every major S. 1402. A bill to allow acceleration the Internal Revenue Service for the naval offensive in the Pacific area of certificates awarded under the Patents issuance of individual taxpayer identifica- operations and earned 15 battle stars. for Humanity Program to be transfer- tion numbers pursuant to section 6109(i) of She steamed over 300,000 miles. Al- able; to the Committee on the Judici- the Internal Revenue Code of 1986. The re- though Japanese radio claimed six ary. port required by this subsection shall be sub- times that North Carolina had been Mr. LEAHY. Mr. President, the mitted to the Congress. (d) EFFECTIVE DATE.— sunk, she survived. American intellectual property system (1) SUBSECTION (a).—The amendment made After serving as a training vessel for is rightly held as the global standard by subsection (a) shall apply to requests for midshipmen, North Carolina was de- for promoting innovation and driving individual taxpayer identification numbers commissioned June 27, 1947 and placed economic growth. This is particularly made after the date of the enactment of this in the Inactive Reserve Fleet in Ba- true of our patent system. The funda- Act. yonne, New Jersey, for the next 14 mental truth that our Founders recog- (2) SUBSECTION (b).—The amendment made years. In 1958 the announcement of her nized more than 200 years ago, that by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date impending scrapping led to a statewide limited exclusive rights for inventors of the enactment of this Act. campaign by citizens of North Carolina incentivize research and development, to save the ship and bring her back to continues to benefit consumers and the By Mr. DURBIN: her home state. The Save Our Ship, American economy at large.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.014 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3188 CONGRESSIONAL RECORD — SENATE May 20, 2015 A healthy patent system should do concurrent resolution; which was re- under the Act have been used 1 time to over- more than drive economic develop- ferred to the Committee on Rules and turn a rule: Now, therefore, be it ment; it should incentivize research Administration: Resolved by the Senate (the House of Rep- and discoveries that advance humani- resentatives concurring), S. CON. RES. 17 tarian needs. I have worked to promote SECTION 1. SHORT TITLE. policies that encourage intellectual Whereas there are more than 3,500 rules This resolution may be cited as the ‘‘Regu- issued every year by more than 50 Federal lation Sensibility Through Oversight Res- property holders to apply their work to agencies; address global humanitarian chal- toration Resolution of 2015’’ or the ‘‘RE- Whereas a rule is defined in section 551 of STORE Resolution of 2015’’. lenges. Today, I continue that effort by title 5, United States Code, as ‘‘the whole or SEC. 2. JOINT SELECT COMMITTEE ON REGU- joining with Senator GRASSLEY to in- part of an agency statement of general or LATORY REFORM. particular applicability and future effect de- troduce the bipartisan Patents for Hu- There is established a joint select com- signed to implement, interpret, or prescribe manity Program Improvement Act. mittee to be known as the Joint Select Com- law or policy’’; This bipartisan legislation strength- mittee on Regulatory Reform (hereinafter in Whereas subchapter II of chapter 5, and ens a program created by the United this concurrent resolution referred to as the chapter 7, of title 5, United States Code ‘‘Joint Select Committee’’). States Patent and Trademark Office, (commonly known as the ‘‘Administrative PTO, in 2012. The PTO’s Patents for Procedure Act’’) established standards for SEC. 3. DUTIES OF JOINT SELECT COMMITTEE. Humanity Program provides rewards to the issuance of rules using formal rule- (a) DEFINITIONS.—In this section, the terms selected patent holders who use their making and informal rulemaking proce- ‘‘agency’’ and ‘‘rule’’ have the meanings invention to address a humanitarian dures; given those terms in section 551 of title 5, issue that significantly affects the pub- Whereas informal rulemaking, also known United States Code. lic health or quality of life of an im- as ‘‘notice and comment’’ rulemaking or (b) DUTIES.—The Joint Select Committee shall— poverished population. Those who re- ‘‘section 553’’ rulemaking, is the most com- mon type of rulemaking; (1) conduct a systematic review of the ceive the award are given a certificate Whereas in rulemaking proceedings, for- process by which rules are promulgated by to accelerate certain PTO processes, as mal hearings must be held and interested agencies; described in the program rules. parties must be given the chance to com- (2) hold hearings on the effects of and how The innovations that have been rec- ment on the proposed rule or regulation, and to reduce regulatory overreach in all sectors ognized by this program help under- once adopted, the rule or regulation is re- of the economy; served people throughout the world. quired to be published in the Federal Reg- (3) conduct a review of the Code of Federal Award winners have worked to improve ister; Regulations to identify rules and sets of the treatment and diagnosis of dev- Whereas, according to a 2005 study com- rules that should be repealed; and missioned by the Small Business Adminis- (4) submit to the Senate and the House of astating diseases, improve nutrition tration, the cost of all rules in effect was ap- Representatives— and the environment, and combat the proximately $1,100,000,000,000 per year, more (A) recommendations for legislation— spread of dangerous counterfeit drugs. than the people of the United States paid in (i) to create a process under which an agen- These are innovations that will make a Federal income taxes in 2009; cy, before promulgating a rule, shall— real difference in the lives of people Whereas, according to the 2014 Ten Thou- (I) seek advice from Congress; who are not always the beneficiaries of sand Commandments report by the Competi- (II) publish the proposed rule; cutting-edge technology. tive Enterprise Institute, the top 6 Federal (III) hold a public comment period on the Following a Judiciary Committee rulemaking agencies (which, in 2013, were proposed rule; the Departments of the Treasury, Commerce, (IV) seek advice from Congress based on hearing in 2012, I asked then-PTO Di- Interior, Health and Human Services, and the public comments; and rector Kappos whether the Patents for Transportation and the Environmental Pro- (V) hold issuance of the rule until Congress Humanity program would be more ef- tection Agency) account for 49.3 percent of can review the rule for a period of not more fective, and more attractive to all Federal rules; than 1 year; and innovators, if the acceleration certifi- Whereas, according to the 2014 Ten Thou- (ii) to create a process to appropriately cates awarded were transferable to a sand Commandments report by the Competi- sunset as many rules as possible; third party. He responded that it tive Enterprise Institute, small businesses (B) recommendations for ways to reduce would, and that it would be particu- pay more in per-employee regulatory costs, the financial burden placed on the various and firms with fewer than 20 employees pay sectors of the economy in order to comply larly beneficial to small businesses an average of $10,585 per employee, compared with rules; that win the award. Since that time, to $7,755 for those with 500 or more employ- (C) an analysis of the feasibility of the cre- other small start-ups and global health ees; ation of a permanent Joint Committee on groups have emphasized that making Whereas, according to the 2014 Ten Thou- Rules Review in accordance with subsection the certificates transferable would im- sand Commandments report by the Competi- (c); prove their usability and increase the tive Enterprise Institute, regulatory costs (D) an analysis of the feasibility of requir- incentives of the Patents for Humanity amount to an average of $14,974 per house- ing each agency to submit each proposed Award. The Patents for Humanity Pro- hold, which is 23 percent of the average rule of the agency to the appropriate com- household income of $65,596 and 29 percent of mittees of Congress for review in a similar gram Improvement Act makes this en- the expenditure budget of $51,442; manner as set forth for a permanent Joint hancement to the program. It is a Whereas, according to a 2011 study by the Committee on Rules Review under sub- straightforward, cost-neutral bill that Weidenbaum Center at Washington Univer- section (c); and will strengthen this award and encour- sity, it is estimated that the budgetary cost (E) a list of rules and sets of rules that the age innovations to be used for humani- of administering and enforcing Federal regu- Joint Select Committee recommends should tarian goods. lations by Federal agencies for fiscal year be repealed. When Congress can establish policies 2012 amounted to more than $57 billion (in (c) ANALYSIS OF PERMANENT JOINT COM- that provide business incentives for hu- 2005 dollars), which represents a 10.5 percent MITTEE ON RULES REVIEW.—The Joint Select increase in 2 years; Committee shall analyze the feasibility of manitarian endeavors, it should not Whereas chapter 8 of title 5, United States the creation of a permanent Joint Com- hesitate to act. I urge the Senate to Code (commonly known as the ‘‘Congres- mittee on Rules Review. The Joint Com- work swiftly to pass this legislation. sional Review Act’’) established a mecha- mittee on Rules Review would— f nism through which Congress could overturn (1) review each proposed rule that an agen- Federal regulations by enacting a joint reso- cy determines is likely to have an annual ef- SUBMITTED RESOLUTIONS lution of disapproval; fect on the economy of $50,000,000 or more be- Whereas the Congressional Review Act re- fore the agency promulgates the final rule; quires that rules that have a $100,000,000 ef- (2) require each agency to submit to the SENATE CONCURRENT RESOLU- fect or more on the economy are submitted Committee— TION 17—ESTABLISHING A JOINT by agencies to both Houses of Congress and (A) the text of each proposed rule of the SELECT COMMITTEE TO AD- the Government Accountability Office and agency described in paragraph (1); and DRESS REGULATORY REFORM have a delayed effective date of not less than (B) an analysis of the economic impact of 60 days to pass a resolution of disapproval re- the rule on the economy; Mr. ROUNDS (for himself, Mr. jecting the rule, which must be approved by (3) require each agency to revise a proposed MANCHIN, Mr. THUNE, Mr. INHOFE, Mrs. the President; and rule submitted under paragraph (2) if the CAPITO, Mr. RISCH, Mr. HOEVEN, and Whereas, since the enactment of the Con- Committee determines that the proposed Ms. COLLINS) submitted the following gressional Review Act in 1996, the procedures rule—

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(A) needs to be significantly rewritten to (b) ADDITIONAL RULES AND PROCEDURES.— (B) MAJORITY STAFF.—The majority staff accomplish the intent of the agency or ad- The Joint Select Committee may adopt such shall be appointed, and may be removed, by dress the recommendations or objections of additional rules or procedures if the Chair- the Chairperson and shall work under the the Committee; person and Vice Chairperson agree, or if the general supervision and direction of the (B) is not a valid exercise of delegated au- Joint Select Committee by majority vote so Chairperson. thority from Congress; decides, that such additional rules or proce- (C) MINORITY STAFF.—The minority staff (C) is not in proper form; dures are necessary or advisable to conduct shall be appointed, and may be removed, by (D) is inconsistent with the intent of Con- the duties of the Joint Select Committee. the Vice Chairperson and shall work under gress with respect to the provision of law SEC. 6. AUTHORITY OF JOINT SELECT COM- the general supervision and direction of the that the proposed rule implements; or MITTEE. Vice Chairperson. (E) is not a reasonable implementation of (a) IN GENERAL.—The Joint Select Com- (D) NONDESIGNATED STAFF.—Nondesignated the law; mittee may exercise all of the powers and re- staff shall be appointed, and may be re- (4) delay the effective date of a proposed sponsibilities of a committee under rule moved, jointly by the Chairperson and Vice rule for a period of not more than 1 year be- XXVI of the Standing Rules of the Senate. Chairperson, and shall work under the joint ginning on the date on which the agency sub- (b) POWERS.—The Joint Select Committee general supervision and direction of the mits the proposed rule under paragraph (2); may, for the purpose of carrying out this res- Chairperson and Vice Chairperson. (5) allow an agency to promulgate a final olution— (b) COMPENSATION.— rule without any delay in the effective date (1) hold such hearings, sit and act at such (1) MAJORITY STAFF.—The Chairperson of the rule if the agency designates the rule times and places, take such testimony, re- shall fix the compensation of all personnel of as an emergency rule, unless the Committee ceive such evidence, and administer such the majority staff of the Joint Select Com- by majority vote determines that the rule is oaths as the Joint Select Committee con- mittee. not an emergency rule; and siders advisable; and (2) MINORITY STAFF.—The Vice Chairperson (6) if applicable, recommend that Congress (2) authorize and require, by issuance of shall fix the compensation of all personnel of should overturn a final rule promulgated by subpoena or otherwise, the attendance and the minority staff of the Joint Select Com- an agency by enacting a joint resolution of testimony of witnesses and the preservation mittee. disapproval. and production of books, records, cor- (3) NONDESIGNATED STAFF.—The Chair- SEC. 4. COMPOSITION OF JOINT SELECT COM- respondence, memoranda, papers, docu- person and Vice Chairperson shall jointly fix MITTEE. ments, tapes, and any other materials in the compensation of all nondesignated staff (a) MEMBERSHIP.— whatever form the Joint Select Committee of the Joint Select Committee. (1) IN GENERAL.—The Joint Select Com- considers advisable. (4) PAY AND BENEFITS.—All employees of mittee shall be composed of 30 members, of (c) SUBPOENAS.—Subpoenas authorized by the Joint Select Committee shall be treated whom— the Joint Select Committee— as employees of the Senate for purposes of (A) 15 shall be appointed by the majority (1) may be issued with the joint concur- disbursing pay and processing benefits. and the minority leaders of the Senate from rence of the Chairperson and Vice Chair- (c) FACILITIES.—The Joint Select Com- among Members of the Senate in a manner person; mittee may use, with the prior consent of that reflects the ratio of the number of Mem- (2) shall bear the signature of the Chair- the chair of any other committee of the Sen- bers of the Senate from the majority party person and Vice Chairperson, or the designee ate or the House of Representatives or the to the number of Members of the Senate of the Chairperson or Vice Chairperson; and chair of any subcommittee of any committee from the minority party on the date of en- (3) shall be served by any person or class of of the Senate or the House of Representa- actment of this Act; and persons designated by the Chairperson and tives, the facilities of any other committee (B) 15 shall be appointed by the Speaker Vice Chairperson for that purpose anywhere of the Senate or the House of Representa- and the minority leader of the House of Rep- within or without the borders of the United tives, whenever the Joint Select Committee resentatives among Members of the House of States to the full extent provided by law. or the Chairperson and Vice Chairperson Representatives in a manner that reflects (d) ACCESS TO INFORMATION.—The Joint Se- consider that such action is necessary or ap- the ratio of the number of members of the lect Committee shall have, to the fullest ex- propriate to enable the Joint Select Com- House of Representatives from the majority tent permitted by law, access to any such in- mittee to carry out the responsibilities, du- party to the number of Members of the formation or materials obtained by any ties, or functions of the Joint Select Com- House of Representatives from the minority other department or agency of the Federal mittee under this resolution. party on the date of enactment of this Act. Government or by any other governmental (d) DETAIL OF EMPLOYEES.—The Joint Se- lect Committee may use on a reimbursable (2) DATE.—The appointments of the mem- department, agency, or body investigating bers of the Joint Select Committee shall be the matters described in section 3(b). basis, with the prior consent of the head of made not later than 30 days after the date of (e) COOPERATION OF OTHER COMMITTEES.—In the department or agency of the Federal adoption of this concurrent resolution. carrying out the duties of the Joint Select Government concerned and the approval of (b) VACANCIES.—Any vacancy in the Joint Committee, the Joint Select Committee may the Committee on Rules and Administration Select Committee shall not affect its powers, obtain the input and cooperation of any of the Senate, the services of personnel of but shall be filled in the same manner as the other standing committee of the Senate or the department or agency. (e) TEMPORARY AND INTERMITTENT SERV- original appointment. the House of Representatives. ICES.—The Joint Select Committee may pro- (c) CHAIRPERSON AND VICE CHAIRPERSON.— SEC. 7. REPORTS. cure the temporary or intermittent services (1) CHAIRPERSON.—The members of the (a) IN GENERAL.—Not later than 90 days of individual consultants or organizations. Joint Select Committee shall elect a Chair- after the date on which the Joint Select (f) ETHICS.—The Joint Select Committee person for the Joint Select Committee by Committee terminates, the Joint Select shall establish ethical rules for the members majority vote from each of— Committee shall submit to the Senate and and employees of the Joint Select Com- (A) the members of the majority party of the House of Representatives a report, which mittee, which shall, to the extent prac- the Senate; and shall contain— ticable, be comparable to the ethical rules (B) the members of the majority party of (1) the results and findings of the reviews that apply to employees of the Senate. the House of Representatives. and hearings carried out by the Joint Select (g) AUTHORIZATION OF APPROPRIATIONS.— (2) VICE CHAIRPERSON.—The members of the Committee pursuant to this resolution; and For the expenses of the Joint Select Com- Joint Select Committee shall elect a Vice (2) any information required to be sub- mittee, there are authorized to be appro- Chairperson for the Joint Select Committee mitted under section 3(b)(4). priated $3,000,000 for fiscal year 2016, to re- by majority vote from each of— (b) INTERIM REPORTS.—The Joint Select main available until expended. (A) the members of the minority party of Committee may submit to the Senate and SEC. 9. EFFECTIVE DATE; TERMINATION. the Senate; and the House of Representatives such interim (a) EFFECTIVE DATE.—This resolution shall (B) the members of the minority party of reports as the Joint Select Committee con- take effect on the date of adoption of this the House of Representatives. siders appropriate. concurrent resolution. (d) QUORUM.—A majority of the members of SEC. 8. ADMINISTRATIVE PROVISIONS. (b) TERMINATION.—The Joint Select Com- the Joint Select Committee each from the (a) STAFF.— mittee shall terminate on the date that is 1 Senate and the House of Representatives (1) IN GENERAL.—The Joint Select Com- year after the appointment of the members shall constitute a quorum for the purpose of mittee may employ in accordance with para- of the Joint Select Committee. conducting the business of the Joint Select graph (2) a staff composed of such clerical, (c) DISPOSITION OF RECORDS.—Upon termi- Committee. investigatory, legal, technical, and other nation of the Joint Select Committee, the SEC. 5. RULES AND PROCEDURES. personnel as the Joint Select Committee records of the Joint Select Committee shall (a) GOVERNANCE UNDER STANDING RULES OF considers necessary or appropriate. become the records of any committee or THE SENATE.—Except as otherwise specifi- (2) APPOINTMENT OF STAFF.— committees designated by the majority lead- cally provided in this resolution, the inves- (A) IN GENERAL.—The Joint Select Com- er of the Senate and the Speaker of the tigations and hearings conducted by the mittee shall appoint a staff for the majority, House of Representatives, with the concur- Joint Select Committee shall be governed by a staff for the minority, and a nondesignated rence of the minority leader of the Senate the Standing Rules of the Senate. staff. and the House of Representatives.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.017 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3190 CONGRESSIONAL RECORD — SENATE May 20, 2015 AMENDMENTS SUBMITTED AND SA 1428. Mr. SANDERS submitted an the trade authorities procedures should be PROPOSED amendment intended to be proposed to extended to implementing bills described in amendment SA 1221 proposed by Mr. HATCH paragraph (1)(B), the President shall submit SA 1412. Mr. MANCHIN submitted an to the bill H.R. 1314, supra; which was or- to Congress, not later than April 1, 2018, a amendment intended to be proposed to dered to lie on the table. written report that contains a request for amendment SA 1221 proposed by Mr. HATCH SA 1429. Mr. SANDERS submitted an such extension, together with— to the bill H.R. 1314, to amend the Internal amendment intended to be proposed to (A) a description of all trade agreements Revenue Code of 1986 to provide for a right to amendment SA 1221 proposed by Mr. HATCH that have been negotiated under subsection an administrative appeal relating to adverse to the bill H.R. 1314, supra; which was or- (b) and the anticipated schedule for submit- determinations of tax-exempt status of cer- dered to lie on the table. ting such agreements to Congress for ap- tain organizations; which was ordered to lie SA 1430. Mr. MENENDEZ submitted an proval; on the table. amendment intended to be proposed to SA 1413. Mr. MANCHIN (for himself and (B) a description of the progress that has amendment SA 1221 proposed by Mr. HATCH been made in negotiations to achieve the Ms. WARREN) submitted an amendment in- to the bill H.R. 1314, supra; which was or- tended to be proposed to amendment SA 1221 purposes, policies, priorities, and objectives dered to lie on the table. of this title, and a statement that such proposed by Mr. HATCH to the bill H.R. 1314, SA 1431. Mr. TILLIS submitted an amend- supra; which was ordered to lie on the table. progress justifies the continuation of nego- ment intended to be proposed by him to the tiations; and SA 1414. Mr. MANCHIN submitted an bill H.R. 1314, supra; which was ordered to lie amendment intended to be proposed to (C) a statement of the reasons why the ex- on the table. tension is needed to complete the negotia- amendment SA 1221 proposed by Mr. HATCH SA 1432. Mr. FRANKEN (for himself and tions. to the bill H.R. 1314, supra; which was or- Ms. STABENOW) submitted an amendment in- (3) OTHER REPORTS TO CONGRESS.— dered to lie on the table. tended to be proposed to amendment SA 1221 SA 1415. Ms. CANTWELL submitted an (A) REPORT BY THE ADVISORY COMMITTEE.— proposed by Mr. HATCH to the bill H.R. 1314, amendment intended to be proposed to The President shall promptly inform the Ad- supra; which was ordered to lie on the table. visory Committee for Trade Policy and Ne- amendment SA 1221 proposed by Mr. HATCH SA 1433. Ms. BALDWIN submitted an gotiations established under section 135 of to the bill H.R. 1314, supra; which was or- amendment intended to be proposed to dered to lie on the table. the Trade Act of 1974 (19 U.S.C. 2155) of the amendment SA 1312 submitted by Mr. INHOFE SA 1416. Mrs. SHAHEEN submitted an decision of the President to submit a report (for himself and Mr. COONS) to the amend- amendment intended to be proposed to to Congress under paragraph (2). The Advi- ment SA 1221 proposed by Mr. HATCH to the amendment SA 1221 proposed by Mr. HATCH sory Committee shall submit to Congress as bill H.R. 1314, supra; which was ordered to lie to the bill H.R. 1314, supra; which was or- soon as practicable, but not later than June on the table. dered to lie on the table. 1, 2018, a written report that contains— SA 1434. Mr. HATCH submitted an amend- SA 1417. Ms. HEITKAMP submitted an (i) its views regarding the progress that ment intended to be proposed to amendment amendment intended to be proposed to has been made in negotiations to achieve the SA 1251 submitted by Mr. BROWN (for him- amendment SA 1221 proposed by Mr. HATCH purposes, policies, priorities, and objectives self, Mr. PETERS, Mr. SCHUMER, Ms. STABE- to the bill H.R. 1314, supra; which was or- of this title; and NOW, Mr. MENENDEZ, and Mr. CASEY) to the dered to lie on the table. (ii) a statement of its views, and the rea- amendment SA 1221 proposed by Mr. HATCH SA 1418. Mr. DAINES submitted an amend- sons therefor, regarding whether the exten- to the bill H.R. 1314, supra; which was or- ment intended to be proposed to amendment sion requested under paragraph (2) should be dered to lie on the table. SA 1221 proposed by Mr. HATCH to the bill approved or disapproved. H.R. 1314, supra; which was ordered to lie on SA 1435. Mr. HATCH submitted an amend- ment intended to be proposed to amendment (B) REPORT BY INTERNATIONAL TRADE COM- the table. MISSION.—The President shall promptly in- SA 1327 submitted by Ms. WARREN (for her- SA 1419. Mr. SULLIVAN submitted an form the United States International Trade self, Ms. HEITKAMP, Mr. MANCHIN, Mr. DUR- amendment intended to be proposed to Commission of the decision of the President BIN, Mrs. BOXER, Mr. BROWN, Mr. CASEY, Mr. amendment SA 1221 proposed by Mr. HATCH to submit a report to Congress under para- FRANKEN, Mr. BLUMENTHAL, Ms. BALDWIN, to the bill H.R. 1314, supra; which was or- graph (2). The International Trade Commis- Mr. MARKEY, Mr. PETERS , Mr. WHITEHOUSE, dered to lie on the table. sion shall submit to Congress as soon as SA 1420. Mr. SULLIVAN submitted an Mr. SCHATZ, Mr. UDALL, and Mr. HEINRICH) to the amendment SA 1221 proposed by Mr. practicable, but not later than June 1, 2018, amendment intended to be proposed to a written report that contains a review and amendment SA 1221 proposed by Mr. HATCH HATCH to the bill H.R. 1314, supra; which was ordered to lie on the table. analysis of the economic impact on the to the bill H.R. 1314, supra; which was or- United States of all trade agreements imple- dered to lie on the table. f mented between the date of the enactment of SA 1421. Mr. BLUMENTHAL (for himself this Act and the date on which the President and Mr. BROWN) submitted an amendment in- TEXT OF AMENDMENTS decides to seek an extension requested under tended to be proposed to amendment SA 1221 SA 1412. Mr. MANCHIN submitted an paragraph (2). proposed by Mr. HATCH to the bill H.R. 1314, amendment intended to be proposed to (4) STATUS OF REPORTS.—The reports sub- supra; which was ordered to lie on the table. amendment SA 1221 proposed by Mr. SA 1422. Mr. HEINRICH submitted an mitted to Congress under paragraphs (2) and amendment intended to be proposed to HATCH to the bill H.R. 1314, to amend (3), or any portion of such reports, may be classified to the extent the President deter- amendment SA 1221 proposed by Mr. HATCH the Internal Revenue Code of 1986 to to the bill H.R. 1314, supra; which was or- provide for a right to an administrative mines appropriate. XTENSION APPROVAL RESOLUTION.—(A) dered to lie on the table. appeal relating to adverse determina- (5) E For purposes of paragraph (1), the term ‘‘ex- SA 1423. Mrs. SHAHEEN submitted an tions of tax-exempt status of certain amendment intended to be proposed to tension approval resolution’’ means a joint organizations; which was ordered to lie resolution the sole matter after the resolv- amendment SA 1248 submitted by Ms. CANT- on the table; as follows: WELL and intended to be proposed to the ing clause of which is as follows: ‘‘That Con- amendment SA 1221 proposed by Mr. HATCH Beginning on page 45, strike line 10 and all gress approves the request of the President to the bill H.R. 1314, supra; which was or- that follows through page 49, line 20, and in- for the extension, under section dered to lie on the table. sert the following: 103(c)(1)(B)(i) of the Bipartisan Congressional SA 1424. Mrs. FEINSTEIN submitted an (c) EXTENSION APPROVAL PROCESS FOR CON- Trade Priorities and Accountability Act of amendment intended to be proposed to GRESSIONAL TRADE AUTHORITIES PROCE- 2015, of the trade authorities procedures amendment SA 1221 proposed by Mr. HATCH DURES.— under that Act to any implementing bill sub- to the bill H.R. 1314, supra; which was or- (1) IN GENERAL.—Except as provided in sec- mitted with respect to any trade agreement dered to lie on the table. tion 106(b)— entered into under section 103(b) of that Act SA 1425. Ms. HIRONO submitted an amend- (A) the trade authorities procedures apply after June 30, 2018.’’. ment intended to be proposed to amendment to implementing bills submitted with re- (B) Extension approval resolutions— SA 1221 proposed by Mr. HATCH to the bill spect to trade agreements entered into under (i) may be introduced in either House of H.R. 1314, supra; which was ordered to lie on subsection (b) before July 1, 2018; and Congress by any member of such House; and the table. (B) the trade authorities procedures shall (ii) shall be referred, in the House of Rep- SA 1426. Ms. HIRONO submitted an amend- be extended to implementing bills submitted resentatives, to the Committee on Ways and ment intended to be proposed to amendment with respect to trade agreements entered Means and, in addition, to the Committee on SA 1221 proposed by Mr. HATCH to the bill into under subsection (b) after June 30, 2018, Rules. H.R. 1314, supra; which was ordered to lie on and before July 1, 2021, if (and only if)— (C) The provisions of subsections (d) and (e) the table. (i) the President requests such extension of section 152 of the Trade Act of 1974 (19 SA 1427. Mr. SCHATZ submitted an amend- under paragraph (2); and U.S.C. 2192) (relating to the floor consider- ment intended to be proposed to amendment (ii) an extension approval resolution is en- ation of certain resolutions in the House and SA 1221 proposed by Mr. HATCH to the bill acted under paragraph (5) before July 1, 2018. Senate) apply to extension approval resolu- H.R. 1314, supra; which was ordered to lie on (2) REPORT TO CONGRESS BY THE PRESI- tions. the table. DENT.—If the President is of the opinion that (D) It is not in order for—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.018 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3191 (i) the House of Representatives to con- TITLE III—MISCELLANEOUS impacts of the covered trade agreement on sider any extension approval resolution not SEC. 301. EXTENSION OF AUTHORITY OF EXPORT- small entities, which shall— reported by the Committee on Ways and IMPORT BANK OF THE UNITED ‘‘(i) identify the most important priorities, Means and, in addition, by the Committee on STATES. opportunities, and challenges to various in- Rules; (a) IN GENERAL.—Section 7 of the Export- dustries from the covered trade agreement; (ii) the Senate to consider any extension Import Bank Act of 1945 (12 U.S.C. 635f) is ‘‘(ii) assess the impact for new small enti- approval resolution not reported by the Com- amended by striking ‘‘September 30, 2014’’ ties to start exporting, or increase their ex- mittee on Finance; or and inserting ‘‘December 31, 2015’’. ports, to markets in the covered trade agree- (iii) either House of Congress to consider (b) DUAL-USE EXPORTS.—Section 1(c) of ment; an extension approval resolution after June Public Law 103–428 (12 U.S.C. 635 note) is ‘‘(iii) analyze the competitive position of 30, 2018. amended by striking ‘‘September 30, 2014’’ industries likely to be significantly affected and inserting ‘‘December 31, 2015’’. by the covered trade agreement; SA 1413. Mr. MANCHIN (for himself (c) SUB-SAHARAN AFRICA ADVISORY COM- ‘‘(iv) identify— and Ms. WARREN) submitted an amend- MITTEE.—Section 2(b)(9)(B)(iii) of the Export- ‘‘(I) any State-owned enterprises in each ment intended to be proposed to Import Bank Act of 1945 (12 U.S.C. country pertaining to the covered trade 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- agreement that could be pose a threat to amendment SA 1221 proposed by Mr. tember 30, 2014’’ and inserting ‘‘December 31, small entities; and HATCH to the bill H.R. 1314, to amend 2015’’. ‘‘(II) any steps to take to create a level- the Internal Revenue Code of 1986 to (d) EFFECTIVE DATE.—The amendments playing field for those small entities; provide for a right to an administrative made by this section shall take effect on the ‘‘(v) identify any rule of an agency that appeal relating to adverse determina- earlier of the date of the enactment of this should be modified to become compliant tions of tax-exempt status of certain Act or June 30, 2015. with the covered trade agreement; and organizations; which was ordered to lie ‘‘(vi) include an overview of the method- Mrs. SHAHEEN submitted ology used to develop the report, including on the table; as follows: SA 1416. an amendment intended to be proposed the number of small entity participants by On page 78, line 22, strike ‘‘as a whole’’ and to amendment SA 1221 proposed by Mr. industry, how those small entities were se- insert ‘‘as a whole, on the economy of each HATCH to the bill H.R. 1314, to amend lected, and any other factors that the Chief State,’’. the Internal Revenue Code of 1986 to Counsel may determine appropriate. ‘‘(B) To ensure that negotiations for the provide for a right to an administrative SA 1414. Mr. MANCHIN submitted an covered trade agreement are not disrupted, amendment intended to be proposed to appeal relating to adverse determina- the President may require that the Chief amendment SA 1221 proposed by Mr. tions of tax-exempt status of certain Counsel delay submission of the report under organizations; which was ordered to lie subparagraph (A) until after the negotiations HATCH to the bill H.R. 1314, to amend of the covered trade agreement are con- the Internal Revenue Code of 1986 to on the table; as follows: At the end of section 109, add the fol- cluded, provided that the delay allows the provide for a right to an administrative Chief Counsel to submit the report to Con- appeal relating to adverse determina- lowing: (c) OUTREACH AND INPUT FROM SMALL BUSI- gress not later than 45 days before the Sen- tions of tax-exempt status of certain NESSES TO TRADE PROMOTION AUTHORITY.— ate or the House of Representatives acts to organizations; which was ordered to lie Section 609 of title 5, United States Code, is approve or disapprove the covered trade on the table; as follows: amended by adding at the end the following: agreement. ‘‘(C) The Chief Counsel shall, to the extent Beginning on page 44, strike line 10 and all ‘‘(f)(1) Not later than 30 days after the date practicable, coordinate the submission of the that follows through page 45, line 9, and in- on which the President submits the notifica- report under this paragraph with the United sert the following: tion required under section 5(a) of the Bipar- States International Trade Commission, the (3) IMPLEMENTING BILLS.— tisan Congressional Trade Priorities and Ac- United States Trade Representative, other (A) IN GENERAL.—Notwithstanding any countability Act of 2015, the Chief Counsel agencies, and trade advisory committees to other provision of this Act, the President for Advocacy of the Small Business Adminis- avoid unnecessary duplication of reporting shall submit to Congress under section tration (in this subsection referred to as the requirements.’’. 106(a)(1), with respect to each trade agree- ‘Chief Counsel’) shall convene an Inter- TATE TRADE EXPANSION PROGRAM.— ment entered into under this subsection, the agency Working Group (in this subsection re- (d) S Section 22 of the Small Business Act (15 following: ferred to as the ‘Working Group’), which U.S.C. 652) is amended— (i) A bill providing for the approval of the shall consist of an employee from each of the (1) by redesignating subsection (l) as sub- trade agreement. following agencies, as selected by the head of section (m); and (ii) A bill providing for the approval of the the agency or an official delegated by the (2) by inserting after subsection (k) the fol- statement of administrative action, if any, head of the agency: lowing: proposed to implement the trade agreement. ‘‘(A) The Office of the United States Trade (iii) If changes in existing laws or new stat- Representative. ‘‘(l) STATE TRADE EXPANSION PROGRAM.— utory authority are required to implement ‘‘(B) The Department of Commerce. ‘‘(1) DEFINITIONS.—In this subsection— the trade agreement, a bill containing such ‘‘(C) The Department of Agriculture. ‘‘(A) the term ‘eligible small business con- provisions as are strictly necessary or appro- ‘‘(D) Any other agency that the Chief cern’ means a business concern that— priate to implement the trade agreement, ei- Counsel, in consultation with the United ‘‘(i) is organized or incorporated in the ther repealing or amending existing laws or States Trade Representative, determines to United States; providing new statutory authority. be relevant with respect to the subject of the ‘‘(ii) is operating in the United States; (B) PROHIBITION ON CONSOLIDATING BILLS.— trade agreement being negotiated pursuant ‘‘(iii) meets— The President may not consolidate the bills to section 3(b) of the Bipartisan Congres- ‘‘(I) the applicable industry-based small described in clauses (i), (ii), and (iii) of sub- sional Trade Priorities and Accountability business size standard established under sec- paragraph (A). Act of 2015 (in this subsection referred to as tion 3; or (C) APPLICABILITY OF TRADE AUTHORITIES the ‘covered trade agreement’). ‘‘(II) the alternate size standard applicable PROCEDURES.—The provisions of section 151 ‘‘(2) Not later than 30 days after the date to the program under section 7(a) of this Act of the Trade Act of 1974 (in this title referred on which the Chief Counsel convenes the and the loan programs under title V of the to as ‘‘trade authorities procedures’’) apply Working Group under paragraph (1), the Small Business Investment Act of 1958 (15 to a bill described in subparagraph (A). Such Chief Counsel shall identify a diverse group U.S.C. 695 et seq.); a bill shall hereafter in this title be referred of small entities, representatives of small ‘‘(iv) has been in business for not less than to as an ‘‘implementing bill’’. entities, or a combination thereof, to provide 1 year, as of the date on which assistance to the Working Group the views of small using a grant under this subsection com- Ms. CANTWELL submitted businesses in the manufacturing, services, mences; and SA 1415. and agriculture industries on the potential ‘‘(v) has access to sufficient resources to an amendment intended to be proposed economic effects of the covered trade agree- bear the costs associated with trade, includ- to amendment SA 1221 proposed by Mr. ment. ing the costs of packing, shipping, freight HATCH to the bill H.R. 1314, to amend ‘‘(3)(A) Not later than 180 days after the forwarding, and customs brokers; the Internal Revenue Code of 1986 to date on which the Chief Counsel convenes ‘‘(B) the term ‘program’ means the State provide for a right to an administrative the Working Group under paragraph (1), the Trade Expansion Program established under appeal relating to adverse determina- Chief Counsel shall submit to the Committee paragraph (2); tions of tax-exempt status of certain on Small Business and Entrepreneurship and ‘‘(C) the term ‘rural small business con- organizations; which was ordered to lie the Committee on Finance of the Senate and cern’ means an eligible small business con- the Committee on Small Business and the cern located in a rural area, as that term is on the table; as follows: Committee on Ways and Means of the House defined in section 1393(a)(2) of the Internal At the end, add the following: of Representatives a report on the economic Revenue Code of 1986;

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.019 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3192 CONGRESSIONAL RECORD — SENATE May 20, 2015 ‘‘(D) the term ‘socially and economically sure proper coordination and reduce duplica- on Small Business and Entrepreneurship of disadvantaged small business concern’ has tion in services; and the Senate and the Committee on Small the meaning given that term in section ‘‘(II) document the consultation conducted Business of the House of Representatives a 8(a)(4)(A) of the Small Business Act (15 under subclause (I) in the application sub- report regarding the use of amounts made U.S.C. 637(a)(4)(A)); and mitted under clause (i). available under the State Trade and Export ‘‘(E) the term ‘State’ means each of the ‘‘(4) COMPETITIVE BASIS.—The Associate Promotion Grant Program under section 1207 several States, the District of Columbia, the Administrator shall award grants under the of the Small Business Jobs Act of 2010 (15 Commonwealth of Puerto Rico, the Virgin program on a competitive basis. U.S.C. 649b note). Islands, Guam, the Commonwealth of the ‘‘(5) FEDERAL SHARE.—The Federal share of ‘‘(ii) NEW STEP PROGRAM.—Not later than 18 Northern Mariana Islands, and American the cost of an trade expansion program car- months after the date on which the first Samoa. ried out using a grant under the program grant is awarded under this subsection, the ‘‘(2) ESTABLISHMENT OF PROGRAM.—The As- shall be— Inspector General of the Administration sociate Administrator shall establish a trade ‘‘(A) for a State that has a high trade vol- shall submit to the Committee on Small expansion program, to be known as the ume, as determined by the Associate Admin- Business and Entrepreneurship of the Senate ‘State Trade Expansion Program’, to make istrator, not more than 65 percent; and and the Committee on Small Business of the grants to States to carry out programs that ‘‘(B) for a State that does not have a high House of Representatives a report regarding assist eligible small business concerns in— trade volume, as determined by the Asso- the review conducted under subparagraph ‘‘(A) a market expansion sales trip; ciate Administrator, not more than 75 per- (A). cent. ‘‘(B) a subscription to services provided by ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) NON-FEDERAL SHARE.—The non-Federal the Department of Commerce; There is authorized to be appropriated to share of the cost of a trade expansion pro- ‘‘(C) the payment of website fees; carry out the program— gram carried out using a grant under the ‘‘(D) the design of marketing media; ‘‘(A) $30,000,000 for fiscal year 2016; program shall be comprised of not less than ‘‘(E) a trade show exhibition; ‘‘(B) $35,000,000 for fiscal year 2017; 50 percent cash and not more than 50 percent ‘‘(F) participation in training workshops; ‘‘(C) $40,000,000 for fiscal year 2018; of indirect costs and in-kind contributions, ‘‘(D) $45,000,000 for fiscal year 2019; and ‘‘(G) a reverse trade mission; except that no such costs or contributions ‘‘(H) procurement of consultancy services ‘‘(E) $50,000,000 for fiscal year 2020.’’. may be derived from funds from any other (e) MEMBERSHIP OF REPRESENTATIVES OF (after consultation with the Department of Federal program. Commerce to avoid duplication); or STATE TRADE PROMOTION AGENCIES ON TRADE ‘‘(7) REPORTS.— ‘‘(I) any other initiative determined appro- PROMOTION COORDINATING COMMITTEE.—Sec- ‘‘(A) INITIAL REPORT.—Not later than 120 priate by the Associate Administrator. tion 2312 of the Export Enhancement Act of days after the date of enactment of this sub- 1988 (15 U.S.C. 4727) is amended— ‘‘(3) GRANTS.— section, the Associate Administrator shall (1) in subsection (d)— ‘‘(A) JOINT REVIEW.—In carrying out the submit to the Committee on Small Business (A) by redesignating paragraph (2) as para- program, the Associate Administrator may and Entrepreneurship of the Senate and the graph (3); and make a grant to a State to increase the num- Committee on Small Business of the House (B) by inserting after paragraph (1) the fol- ber of eligible small business concerns in the of Representatives a report, which shall in- lowing: State exploring significant new trade oppor- clude— ‘‘(2) REPRESENTATIVES FROM STATE TRADE tunities. ‘‘(i) a description of the structure of and PROMOTION AGENCIES.— ‘‘(B) CONSIDERATIONS.—In making grants procedures for the program; ‘‘(A) IN GENERAL.—The TPCC shall also in- under this subsection, the Associate Admin- ‘‘(ii) a management plan for the program; clude 1 or more members appointed by the istrator may give priority to an application and President, after consultation with associa- by a State that proposes a program that— ‘‘(iii) a description of the merit-based re- tions representing State trade promotion ‘‘(i) focuses on eligible small business con- view process to be used in the program. agencies, who are representatives of State cerns as part of a trade expansion program; ‘‘(B) ANNUAL REPORTS.— trade promotion agencies. ‘‘(ii) demonstrates intent to promote trade ‘‘(i) IN GENERAL.—The Associate Adminis- ‘‘(B) TERM.—A member appointed under expansion by— trator shall publish on the website of the Ad- subparagraph (A) shall be appointed for a ‘‘(I) socially and economically disadvan- ministration an annual report regarding the term of 2 years. taged small business concerns; program, which shall include— ‘‘(C) PERSONNEL MATTERS.— ‘‘(II) small business concerns owned or con- ‘‘(I) the number and amount of grants ‘‘(i) NO COMPENSATION.—A member of the trolled by women; and made under the program during the pre- TPCC appointed under subparagraph (A) ‘‘(III) rural small business concerns; and ceding year; shall serve without compensation. ‘‘(iii) includes— ‘‘(II) a list of the States receiving a grant ‘‘(ii) TRAVEL EXPENSES.—A member of the ‘‘(I) activities which have resulted in the under the program during the preceding TPCC appointed under subparagraph (A) highest return on investment based on the year, including the activities being per- shall be allowed travel expenses, including most recent year; and formed with each grant; per diem in lieu of subsistence, at rates au- ‘‘(II) the adoption of shared best practices ‘‘(III) the effect of each grant on the eligi- thorized for employees of agencies under sub- included in the annual report of the Admin- ble small business concerns in the State re- chapter I of chapter 57 of title 5, United istration. ceiving the grant; States Code, while away from the homes or ‘‘(C) LIMITATIONS.— ‘‘(IV) the total return on investment for regular place of business of the member in ‘‘(i) SINGLE APPLICATION.—A State may not each State; and the performance of services for the TPCC. submit more than 1 application for a grant ‘‘(V) a description of best practices by ‘‘(iii) ADMINISTRATIVE ASSISTANCE.—The under the program in any 1 fiscal year. States that showed high returns on invest- Secretary of Commerce, or the head of an- ‘‘(ii) PROPORTION OF AMOUNTS.—The total ment and significant progress in helping other agency, as appropriate, shall make value of grants made under the program dur- more eligible small business concerns. available to a member of the TPCC ap- ing a fiscal year to the 10 States with the ‘‘(ii) NOTICE TO CONGRESS.—On the date on pointed under subparagraph (A) administra- highest percentage of eligible small business which the Associate Administrator publishes tive services and assistance, including a se- concerns, based upon the most recent data a report under clause (i), the Associate Ad- curity clearance, as the member may reason- available from the Department of Commerce, ministrator shall notify the Committee on ably require to carry out services for the shall be not more than 40 percent of the Small Business and Entrepreneurship of the TPCC.’’; and amounts appropriated for the program for Senate and the Committee on Small Busi- (2) in subsection (e), in the first sentence, that fiscal year. ness of the House of Representatives that the by inserting ‘‘(other than members described ‘‘(iii) DURATION.—The Associate Adminis- report has been published. in subsection (d)(2))’’ after ‘‘Members of the trator shall award a grant under this pro- ‘‘(8) REVIEWS BY INSPECTOR GENERAL.— TPCC’’. gram for a period of not more than 2 years. ‘‘(A) IN GENERAL.—The Inspector General (f) STATE AND FEDERAL EXPORT PROMOTION ‘‘(D) APPLICATION.— of the Administration shall conduct a review COORDINATION WORKING GROUP.—Subtitle C ‘‘(i) IN GENERAL.—A State desiring a grant of— of the Export Enhancement Act of 1988 (15 under the program shall submit an applica- ‘‘(i) the extent to which recipients of U.S.C. 4721 et seq.) is amended by inserting tion at such time, in such manner, and ac- grants under the program are measuring the after section 2313 the following: companied by such information as the Asso- performance of the activities being con- ‘‘SEC. 2313A. STATE AND FEDERAL EXPORT PRO- ciate Administrator may establish. ducted and the results of the measurements; MOTION COORDINATION WORKING ‘‘(ii) CONSULTATION TO REDUCE DUPLICA- and GROUP. TION.—A State desiring a grant under the ‘‘(ii) the overall management and effective- ‘‘(a) STATEMENT OF POLICY.—It is the pol- program shall— ness of the program. icy of the United States to promote exports ‘‘(I) before submitting an application under ‘‘(B) REPORTS.— as an opportunity for small businesses. In ex- clause (i), consult with applicable trade ‘‘(i) PILOT PROGRAM.—Not later than 6 ercising their powers and functions in order agencies of the Federal Government on the months after the date of enactment of this to advance that policy, all Federal depart- scope and mission of the activities the State subsection, the Inspector General of the Ad- ments and agencies shall work construc- proposes to carry out using the grant, to en- ministration shall submit to the Committee tively with State and local agencies engaged

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.020 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3193 in export promotion and export financing ac- retary of Agriculture, the Export-Import SA 1419. Mr. SULLIVAN submitted tivities. Bank of the United States, and the Overseas an amendment intended to be proposed ‘‘(b) ESTABLISHMENT.—The President shall Private Investment Corporation shall jointly to amendment SA 1221 proposed by Mr. establish a State and Federal Export Pro- establish a Small Business Inter-Agency motion Coordination Working Group (in this Task Force on Export Financing to— HATCH to the bill H.R. 1314, to amend section referred to as the ‘Working Group’) (A) review and improve Federal export fi- the Internal Revenue Code of 1986 to as a subcommittee of the Trade Promotion nance programs for small business concerns; provide for a right to an administrative Coordination Committee (in this section re- and appeal relating to adverse determina- ferred to as the ‘TPCC’). (B) coordinate the activities of the Federal tions of tax-exempt status of certain ‘‘(c) PURPOSES.—The purposes of the Work- Government to assist small business con- organizations; which was ordered to lie ing Group are— cerns seeking to export. on the table; as follows: ‘‘(1) to identify issues related to the coordi- (2) DEFINITION.—In this subsection, the nation of Federal resources relating to ex- term ‘‘small business concern’’ has the On page 36, between lines 17 and 18, insert port promotion and export financing with meaning given that term in section 3 of the the following: such resources provided by State and local Small Business Act (15 U.S.C. 632). (21) ENERGY NEGOTIATIONS.—The principal governments; (i) AVAILABILITY OF STATE RESOURCES negotiating objectives of the United States ‘‘(2) to identify ways to improve coordina- GUIDES ON EXPORT.GOV.—The Secretary of with respect to trade in energy products and tion with respect to export promotion and Commerce shall make available on the Inter- natural resources, including hydrocarbons export financing activities through the stra- net website Export.gov (or a successor such as oil, gas, and coal, and mineral and tegic plan developed under section 2312(c); website) information on the resources relat- timber resources, are to obtain competitive ‘‘(3) to develop a strategy for improving co- ing to export promotion and export financing opportunities for United States exports of ordination of Federal and State resources re- available in each State— energy products and natural resources in for- lating to export promotion and export fi- (1) organized by State; and eign markets substantially equivalent to the nancing, including methods to eliminate du- (2) including information on State agencies competitive opportunities afforded foreign plication of effort and overlapping functions; with responsibility for export promotion or exports of energy products and natural re- and export financing and district export councils sources in United States markets and to ‘‘(4) to develop a strategic plan for consid- and trade associations located in the State. achieve fairer and more open conditions of ering and implementing the suggestions of trade in energy products and natural re- the Working Group as part of the strategic SA 1417. Ms. HEITKAMP submitted sources. plan developed under section 2312(c). an amendment intended to be proposed ‘‘(d) MEMBERSHIP.—The Secretary of Com- to amendment SA 1221 proposed by Mr. SA 1420. Mr. SULLIVAN submitted merce shall select the members of the Work- HATCH to the bill H.R. 1314, to amend an amendment intended to be proposed ing Group, who shall include— the Internal Revenue Code of 1986 to to amendment SA 1221 proposed by Mr. ‘‘(1) representatives from State trade agen- provide for a right to an administrative HATCH to the bill H.R. 1314, to amend cies representing regionally diverse areas; appeal relating to adverse determina- the Internal Revenue Code of 1986 to and provide for a right to an administrative ‘‘(2) representatives of the departments tions of tax-exempt status of certain and agencies that are represented on the organizations; which was ordered to lie appeal relating to adverse determina- TPCC, who are designated by the heads of on the table; as follows: tions of tax-exempt status of certain their respective departments or agencies to On page 14, after line 24, add the following: organizations; which was ordered to lie advise the head on ways of promoting the ex- (v) procedures to ensure the independence on the table; as follows: portation of United States goods and serv- and impartiality of arbitrators and to pre- On page 36, between lines 17 and 18, insert ices.’’. vent actual and perceived conflicts of inter- the following: (g) REPORT ON IMPROVEMENTS TO EX- est; (21) FISHERIES NEGOTIATIONS.—The prin- PORT.GOV AS A SINGLE WINDOW FOR EXPORT (H) clarifying that, under the dispute set- cipal negotiating objectives of the United INFORMATION.— tlement mechanism, the burden is on the in- States with respect to trade in fish, seafood, (1) IN GENERAL.—Not later than 180 days vestor to establish each applicable element and shellfish products are to obtain competi- after the date of enactment of this Act, the of the minimum standard of treatment, tive opportunities for United States exports Associate Administrator for International based on evidence of the general and con- of fish, seafood, and shellfish products in for- Trade of the Small Business Administration sistent practices of the government; eign markets substantially equivalent to the shall, after consultation with the entities (I) preserving the right of parties to a competitive opportunities afforded foreign specified in paragraph (2), submit to the ap- trade agreement to regulate to protect le- exports of fish, seafood, and shellfish prod- propriate congressional committees a report gitimate public welfare objectives, such as ucts in United States markets and to achieve that includes the recommendations of the public health, safety, and the environment; fairer and more open conditions of trade in Associate Administrator for improving the and fish, seafood, and shellfish products. experience provided by the Internet website Export.gov (or a successor website) as— SA 1418. Mr. DAINES submitted an SA 1421. Mr. BLUMENTHAL (for (A) a comprehensive resource for informa- amendment intended to be proposed to himself and Mr. BROWN) submitted an tion about exporting articles from the amendment SA 1221 proposed by Mr. amendment intended to be proposed to United States; and HATCH to the bill H.R. 1314, to amend amendment SA 1221 proposed by Mr. (B) a single website for exporters to submit the Internal Revenue Code of 1986 to all information required by the Federal Gov- HATCH to the bill H.R. 1314, to amend provide for a right to an administrative the Internal Revenue Code of 1986 to ernment with respect to the exportation of appeal relating to adverse determina- articles from the United States. provide for a right to an administrative tions of tax-exempt status of certain (2) ENTITIES SPECIFIED.—The entities speci- appeal relating to adverse determina- organizations; which was ordered to lie fied in this paragraph are— tions of tax-exempt status of certain on the table; as follows: (A) small business concerns (as defined in organizations; which was ordered to lie section 3 of the Small Business Act (15 U.S.C. At the end of section 102(b), add the fol- on the table; as follows: 632)) that are exporters; and lowing: (B) the President’s Export Council, State (21) PROTECTION OF INDIAN EXPORTS AND In section 102(b), add at the end the fol- agencies with responsibility for export pro- TREATY RIGHTS.— lowing: motion or export financing, district export (A) IN GENERAL.—The principal negotiating (21) FOOD SAFETY.—The principal negoti- councils, and trade associations. objectives of the United States with respect ating objectives of the United States with re- spect to food safety are— (3) APPROPRIATE CONGRESSIONAL COMMIT- to the protection of exports and treaty (A) to ensure that a trade agreement does TEES DEFINED.—In this subsection, the term rights of Indian tribes are to ensure that— ‘‘appropriate congressional committees’’ (i) goods of or for the benefit of Indian not weaken or diminish food safety stand- means— tribes may be exported through ports in the ards that protect public health; (A) the Committee on Small Business and United States; (B) to promote strong food safety laws and Entrepreneurship and the Committee on (ii) treaty rights of Indian tribes are pro- regulations in the United States; and Banking, Housing, and Urban Affairs of the tected; and (C) to maintain and strengthen food safety Senate; and (iii) goods of or for the benefit of Indian inspection systems, including the inspection (B) the Committee on Small Business and tribes have the opportunity to compete in of meat, poultry, seafood, and egg products the Committee on Foreign Affairs of the the world market. exported to the United States. House of Representatives. (B) INDIAN TRIBE DEFINED.—In this para- (h) SMALL BUSINESS INTERAGENCY TASK graph, the term ‘‘Indian tribe’’ has the SA 1422. Mr. HEINRICH submitted an FORCE ON EXPORT FINANCING.— meaning given that term in section 4 of the amendment intended to be proposed to (1) IN GENERAL.—The Administrator of the Indian Self-Determination and Education amendment SA 1221 proposed by Mr. Small Business Administration, the Sec- Assistance Act (25 U.S.C. 450b). HATCH to the bill H.R. 1314, to amend

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.020 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3194 CONGRESSIONAL RECORD — SENATE May 20, 2015 the Internal Revenue Code of 1986 to (b) ARTICLES DESCRIBED.— (2) REPORT TO PRESIDENT.—If the Commis- provide for a right to an administrative (1) IN GENERAL.—An article is described in sioner determines pursuant to paragraph (1) appeal relating to adverse determina- this subsection if— that textile and apparel articles imported tions of tax-exempt status of certain (A)(i) the article is the growth, product, or from Nepal to which preferential treatment manufacture of Nepal; and is extended under this title are being unlaw- organizations; which was ordered to lie (ii) in the case of a textile or apparel arti- fully transshipped into the United States, on the table; as follows: cle, Nepal is the country of origin of the arti- the Commissioner shall report that deter- On page 116, beginning on line 4, strike cle, as determined under section 102.1 of title mination to the President. ‘‘and occupational safety and health,’’ and 19, Code of Federal Regulations (as in effect SEC. 305. TRADE FACILITATION AND CAPACITY insert ‘‘occupational safety and health, com- on the day before the date of the enactment BUILDING. pensation in cases of occupational injuries of this Act); (a) FINDINGS.—Congress makes the fol- and illnesses, and social security and retire- (B) the article is imported directly from lowing findings: ment,’’. Nepal into the customs territory of the (1) As a land-locked least-developed coun- United States; try, Nepal has severe challenges reaching SA 1423. Mrs. SHAHEEN submitted (C) the article is classified under any of the markets and developing capacity to export an amendment intended to be proposed following subheadings of the Harmonized goods. As of 2015, exports from Nepal are ap- to amendment SA 1248 submitted by Tariff Schedule of the United States (as in proximately $800,000,000 per year, with India effect on the day before the date of the en- the major market at $450,000,000 annually. Ms. CANTWELL and intended to be pro- actment of this Act): posed to the amendment SA 1221 pro- The United States imports about $80,000,000 4202.11.00 ...... 4202.22.60 ...... 4202.92.08 worth of goods from Nepal, or 10 percent of posed by Mr. HATCH to the bill H.R. 4202.12.20 ...... 4202.22.70 ...... 4202.92.15 the total goods exported from Nepal. 1314, to amend the Internal Revenue 4202.12.40 ...... 4202.22.80 ...... 4202.92.20 4202.12.60 ...... 4202.29.50 ...... 4202.92.30 (2) The World Bank has found evidence Code of 1986 to provide for a right to an 4202.12.80 ...... 4202.29.90 ...... 4202.92.45 that the overall export competitiveness of administrative appeal relating to ad- 4202.21.60 ...... 4202.31.60 ...... 4202.92.60 Nepal has been declining since 2005. Indices verse determinations of tax-exempt 4202.21.90 ...... 4202.32.40 ...... 4202.92.90 compiled by the World Bank and the Organi- status of certain organizations; which 4202.22.15 ...... 4202.32.80 ...... 4202.99.90 zation for Economic Co-operation and Devel- 4202.22.40 ...... 4202.32.95 ...... 4203.29.50 opment found that export costs in Nepal are was ordered to lie on the table; as fol- 4202.22.45 ...... 4202.91.00 lows: high with respect to both air cargo and con- 5701.10.90 ...... 5702.91.30 ...... 5703.10.80 tainer shipments relative to other low-in- Beginning on page 17 of the amendment, 5702.31.20 ...... 5702.91.40 ...... 5703.90.00 come countries. Such indices also identify strike line 14 and all that follows through 5702.49.20 ...... 5702.92.90 ...... 5705.00.20 particular weaknesses in Nepal with respect page 18, line 11. 5702.50.40 ...... 5702.99.15 to automation of customs and other trade 5702.50.59 ...... 5703.10.20 functions, involvement of local exporters SA 1424. Mrs. FEINSTEIN submitted 6117.10.60 ...... 6214.20.00 ...... 6217.10.85 and importers in preparing regulations and an amendment intended to be proposed 6117.80.85 ...... 6214.40.00 ...... 6301.90.00 trade rules, and export finance. to amendment SA 1221 proposed by Mr. 6214.10.10 ...... 6214.90.00 ...... 6308.00.00 (3) Implementation by Nepal of the Agree- HATCH to the bill H.R. 1314, to amend 6214.10.20 ...... 6216.00.80 ment on Trade Facilitation of the World Trade Organization could directly address the Internal Revenue Code of 1986 to 6504.00.90 ...... 6505.00.30 ...... 6505.00.90 provide for a right to an administrative 6505.00.08 ...... 6505.00.40 ...... 6506.99.30 some of the weaknesses described in para- appeal relating to adverse determina- 6505.00.15 ...... 6505.00.50 ...... 6506.99.60 graph (2). (b) ESTABLISHMENT OF TRADE FACILITATION tions of tax-exempt status of certain 6505.00.20 ...... 6505.00.60 6505.00.25 ...... 6505.00.80 AND CAPACITY BUILDING PROGRAM.—Not later organizations; which was ordered to lie than 180 days after the date of the enactment on the table; as follows: (D) the President determines, after receiv- ing the advice of the United States Inter- of this Act, the President shall, in consulta- At the end, add the following: national Trade Commission in accordance tion with the Government of Nepal, establish TITLE III—TRADE PREFERENCES FOR with section 503(e) of the Trade Act of 1974 a trade facilitation and capacity building NEPAL (19 U.S.C. 2463(e)), that the article is not im- program for Nepal— port-sensitive in the context of imports from (1) to enhance the central export pro- SEC. 301. SHORT TITLE. motion agency of Nepal to support successful This title may be cited as the ‘‘Nepal Nepal; and (E) subject to paragraph (3), the sum of the exporters and to build awareness among po- Trade Preferences Act’’. tential exporters in Nepal about opportuni- SEC. 302. SENSE OF CONGRESS. cost or value of the materials produced in, and the direct costs of processing operations ties abroad and ways to manage trade docu- It is the sense of Congress that it should be mentation and regulations in the United an objective of the United States to use performed in, Nepal or the customs territory of the United States is not less than 35 per- States and other countries; trade policies and trade agreements to con- (2) to provide export finance training for fi- tribute to the reduction of poverty and the cent of the appraised value of the article at the time it is entered. nancial institutions in Nepal and the Gov- elimination of hunger. ernment of Nepal; (2) EXCLUSIONS.—An article shall not be SEC. 303. ELIGIBILITY REQUIREMENTS. treated as the growth, product, or manufac- (3) to assist the Government of Nepal in (a) IN GENERAL.—The President may au- ture of Nepal for purposes of paragraph maintaining publication of all trade regula- thorize the provision of preferential treat- (1)(A)(i) by virtue of having merely under- tions, forms for exporters and importers, tax ment under this title to articles that are im- gone— and tariff rates, and other documentation re- ported directly from Nepal into the customs (A) simple combining or packaging oper- lating to exporting goods on the Internet and territory of the United States pursuant to ations; or developing a robust public-private dialogue, section 304 if the President determines— (B) mere dilution with water or mere dilu- through its National Trade Facilitation (1) that Nepal meets the requirements set tion with another substance that does not Committee, for Nepal to identify timelines forth in paragraphs (1), (2), and (3) of section materially alter the characteristics of the for implementation of key reforms and solu- 104(a) of the African Growth and Opportunity article. tions, as provided for under the Agreement on Trade Facilitation of the World Trade Or- Act (19 U.S.C. 3703(a)); and (3) LIMITATION ON UNITED STATES COST.— (2) after taking into account the factors For purposes of paragraph (1)(E), the cost or ganization; and set forth in paragraphs (1) through (7) of sub- value of materials produced in, and the di- (4) to increase access to guides for import- section (c) of section 502 of the Trade Act of rect costs of processing operations performed ers and exporters on the Internet, including 1974 (19 U.S.C. 2462), that Nepal meets the eli- in, the customs territory of the United rules and documentation for United States gibility requirements of such section 502. States and attributed to the 35-percent re- tariff preference programs. (b) WITHDRAWAL, SUSPENSION, OR LIMITA- quirement under that paragraph may not ex- SEC. 306. REPORTING REQUIREMENT. TION OF PREFERENTIAL TREATMENT; MANDA- ceed 15 percent of the appraised value of the Not later than one year after the date of TORY GRADUATION.—The provisions of sub- article at the time it is entered. the enactment of this Act, and annually sections (d) and (e) of section 502 of the (c) VERIFICATION WITH RESPECT TO TRANS- thereafter, the President shall monitor, re- Trade Act of 1974 (19 U.S.C. 2462) shall apply SHIPMENT FOR TEXTILE AND APPAREL ARTI- view, and report to Congress on the imple- with respect to Nepal to the same extent and CLES.— mentation of this title, the compliance of in the same manner as such provisions apply (1) IN GENERAL.—Not later than April 1, Nepal with section 303(a), and the trade and with respect to beneficiary developing coun- July 1, October 1, and January 1 of each investment policy of the United States with tries under title V of that Act (19 U.S.C. 2461 year, the Commissioner responsible for U.S. respect to Nepal. et seq.). Customs and Border Protection shall verify SEC. 307. TERMINATION OF PREFERENTIAL SEC. 304. ELIGIBLE ARTICLES. that textile and apparel articles imported TREATMENT. (a) IN GENERAL.—An article described in from Nepal to which preferential treatment No preferential treatment extended under subsection (b) may enter the customs terri- is extended under this title are not being un- this title shall remain in effect after Decem- tory of the United States free of duty. lawfully transshipped into the United States. ber 31, 2025.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.021 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3195 SEC. 308. EFFECTIVE DATE. of Congress and staff of such Members with shall be notified of any such meeting and The provisions of this title shall take ef- proper security clearances may consult with shall provide notice of the meeting in ac- fect on January 1, 2016. individual members of an advisory com- cordance with section 10 of the Federal Advi- mittee established under subsection (b) or (c) sory Committee Act (5 U.S.C. App.), but, not- SA 1425. Ms. HIRONO submitted an with respect to negotiations for trade agree- withstanding any provision of that Act, the amendment intended to be proposed to ments in effect or negotiations for trade attendance of such officer at the meeting is amendment SA 1221 proposed by Mr. agreements. not required.’’. HATCH to the bill H.R. 1314, to amend ‘‘(3) APPLICABILITY OF CERTAIN FACA RE- the Internal Revenue Code of 1986 to QUIREMENTS.—The approval of the designated SA 1427. Mr. SCHATZ submitted an provide for a right to an administrative Federal officer for an advisory committee es- amendment intended to be proposed to appeal relating to adverse determina- tablished under subsection (b) or (c) shall not amendment SA 1221 proposed by Mr. be required with respect to consultations HATCH to the bill H.R. 1314, to amend tions of tax-exempt status of certain under paragraphs (1) and (2). organizations; which was ordered to lie the Internal Revenue Code of 1986 to ‘‘(n) REPORTS.— provide for a right to an administrative on the table; as follows: ‘‘(1) IN GENERAL.—An advisory committee appeal relating to adverse determina- At the end of title II, add the following: established under subsection (b) or (c) may tions of tax-exempt status of certain SEC. 213. EXTENSION OF ADJUSTMENT ASSIST- at any time submit to the President a report ANCE TO TERRITORIES. on matters being considered by the com- organizations; which was ordered to lie (a) IN GENERAL.—Except as provided in mittee without the approval of the des- on the table; as follows: subsection (b), during the period beginning ignated Federal officer for that committee. On page 24, between lines 11 and 12, insert on October 1, 2015, and ending on June 30, ‘‘(2) SUBMISSION TO CONGRESS.—A report the following: 2021, workers, firms, and agricultural com- submitted to the President under paragraph (iv) adopts and maintains, in national modity producers in American Samoa, the (1), including any dissenting or minority laws, regulations, or measures, prohibitions Commonwealth of the Northern Mariana Is- views, shall be submitted to the appropriate against trading across borders in products lands, Guam, or the Virgin Islands of the congressional committees and Members of harvested or exported in violation of na- United States shall be eligible for adjust- Congress and staff of such Members with tional laws that seek to protect wildlife, for- ment assistance under chapters 2 through 6 proper security clearances. ests, or living marine resources, of title II of the Trade Act of 1974 (19 U.S.C. ‘‘(3) PUBLIC AVAILABILITY.—If a report of an 2271 et seq.) to the same extent as workers, advisory committee submitted to the Presi- SA 1428. Mr. SANDERS submitted an firms, and agricultural commodity producers dent under paragraph (1) does not include amendment intended to be proposed to in a State (as defined in section 247 of that any classified information, the advisory amendment SA 1221 proposed by Mr. Act (19 U.S.C. 2319)). committee may request the designated Fed- HATCH to the bill H.R. 1314, to amend (b) EXCEPTION.—Benefits under sections 231 eral officer for that committee to make the the Internal Revenue Code of 1986 to through 234 of the Trade Act of 1974 (19 report available to the public. U.S.C. 2291 through 2294) and under section ‘‘(o) DEFINITIONS.—In this section: provide for a right to an administrative 246 of that Act (19 U.S.C. 2318) shall not be ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- appeal relating to adverse determina- available to workers in American Samoa, TEES.—The term ‘appropriate congressional tions of tax-exempt status of certain the Commonwealth of the Northern Mariana committees’ means— organizations; which was ordered to lie Islands, Guam, or the Virgin Islands of the ‘‘(A) the Committee on Ways and Means of on the table; as follows: United States. the House of Representatives and the Com- At the end of section 106(b), add the fol- (c) FORMULA FOR TRAINING FUNDS.—In mittee on Finance of the Senate; and lowing: making distributions of funds for a fiscal ‘‘(B) any other committee of the House or (7) LIMITATIONS ON PROCEDURES WITH RE- year to States under section 236(a)(2) of the the Senate with jurisdiction over laws that SPECT TO AGREEMENTS WITH CERTAIN COUN- Trade Act of 1974 (19 U.S.C. 2296(a)(2)), the are or could be affected by a trade agree- TRIES.—The trade authorities procedures Secretary of Labor shall distribute an ment. shall not apply to any implementing bill sub- amount equal to 1 percent of such funds ‘‘(2) DESIGNATED FEDERAL OFFICER.—The mitted with respect to a trade agreement or among American Samoa, the Commonwealth term ‘designated Federal officer’ means an trade agreements entered into under section of the Northern Mariana Islands, Guam, and officer or employee of the Federal Govern- 103(b) with a country with respect to which the Virgin Islands of the United States, ment designated to chair or attend each the United States has not yet promulgated based on criteria established by the Sec- meeting of each advisory committee under import rules as required by section 804(b) of retary. section 10(e) of the Federal Advisory Com- the Federal Food, Drug, and Cosmetic Act (d) REGULATORY CHANGES.—The Secretary mittee Act (5 U.S.C. App.). (21 U.S.C. 384(b)). of Labor and the heads of other appropriate ‘‘(3) NON-FEDERAL GOVERNMENT.—The term agencies shall make the necessary changes ‘non-Federal government’ means— SA 1429. Mr. SANDERS submitted an to the regulations of the Department of ‘‘(A) any State, territory, or possession of amendment intended to be proposed to Labor and those other agencies in order to the United States, or the District of Colum- amendment SA 1221 proposed by Mr. carry out this section. bia, or any political subdivision thereof; or HATCH to the bill H.R. 1314, to amend ‘‘(B) any agency or instrumentality of any SA 1426. Ms. HIRONO submitted an entity described in subparagraph (A). the Internal Revenue Code of 1986 to amendment intended to be proposed to ‘‘(4) PROPER SECURITY CLEARANCES.—The provide for a right to an administrative amendment SA 1221 proposed by Mr. term ‘proper security clearances’ has the appeal relating to adverse determina- HATCH to the bill H.R. 1314, to amend meaning of that term as used in section 104 tions of tax-exempt status of certain the Internal Revenue Code of 1986 to of the Bipartisan Congressional Trade Prior- organizations; which was ordered to lie ities and Accountability Act of 2015.’’. provide for a right to an administrative on the table; as follows: (2) REQUIREMENTS FOR MEETINGS.—Section appeal relating to adverse determina- At the end of section 106(b), add the fol- 135 of such Act is amended— lowing: tions of tax-exempt status of certain (A) in subsection (b)— (7) LIMITATIONS ON PROCEDURES WITH RE- organizations; which was ordered to lie (i) in paragraph (2), by striking the first SPECT TO AGREEMENTS WITH CERTAIN COUN- on the table; as follows: sentence; and TRIES.—The trade authorities procedures On page 64, between lines 16 and 17, insert (ii) by adding at the end the following: shall not apply to any implementing bill sub- the following: ‘‘(4) The committee shall meet as needed mitted with respect to a trade agreement or (f) CONSULTATIONS WITH TRADE ADVISORY at the call of the chairman of the committee trade agreements entered into under section COMMITTEES.— or at the call of one-third of the members of 103(b) with a country with respect to which (1) IN GENERAL.—Section 135 of the Trade the committee. The designated Federal offi- the United States has not yet promulgated Act of 1974 (19 U.S.C. 2155) is amended by cer shall be notified of any such meeting and import rules regulating the importation of striking subsection (m) and inserting the fol- shall provide notice of the meeting in ac- prescription drugs. lowing: cordance with section 10 of the Federal Advi- ‘‘(m) CONGRESSIONAL CONSULTATIONS WITH sory Committee Act (5 U.S.C. App.), but, not- SA 1430. Mr. MENENDEZ submitted ADVISORY COMMITTEES.— withstanding any provision of that Act, the an amendment intended to be proposed ‘‘(1) CONSULTATIONS BY CONGRESSIONAL COM- attendance of such officer at the meeting is to amendment SA 1221 proposed by Mr. MITTEES.—An appropriate congressional not required.’’; and HATCH to the bill H.R. 1314, to amend committee may request consultations with (B) in subsection (c), by adding at the end the Internal Revenue Code of 1986 to an advisory committee established under the following: subsection (b) or (c) with respect to trade ‘‘(5) A committee established under para- provide for a right to an administrative agreements in effect or negotiations for graph (1), (2), or (3) shall meet as needed at appeal relating to adverse determina- trade agreements. the call of the chairman of the committee or tions of tax-exempt status of certain ‘‘(2) CONSULTATIONS BY MEMBERS OF CON- at the call of one-third of the members of the organizations; which was ordered to lie GRESS AND CONGRESSIONAL STAFF.—Members committee. The designated Federal officer on the table; as follows:

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On page 100, between lines 13 and 14, insert (E) the number of ‘‘target beneficiaries’’ ‘‘(B) ORGANIZATIONS.—The organizations the following: for the first 6 months and for the last 6 described in this subparagraph are as fol- (B) EXCEPTION.— months of fiscal year 2015. lows: (i) INVOKING EXCEPTION.—If the President ‘‘(i) A provider of adult education (as de- submits to the appropriate congressional SA 1432. Mr. FRANKEN (for himself fined in section 203) or an institution of high- committees a letter stating that a country and Ms. STABENOW) submitted an er education (as defined in section 101 of the subject to subparagraph (A) has taken con- amendment intended to be proposed to Higher Education Act of 1965 (20 U.S.C. 1001)). crete actions to implement the principal rec- amendment SA 1221 proposed by Mr. ‘‘(ii) A community-based organization. ommendations in the most recent annual re- ‘‘(iii) A joint labor-management partner- port on trafficking in persons, this para- HATCH to the bill H.R. 1314, to amend ship. graph shall not apply with respect to agree- the Internal Revenue Code of 1986 to ‘‘(iv) A State or local board. ments with that country. provide for a right to an administrative ‘‘(v) Any other organization that the Sec- (ii) CONTENT OF LETTER; PUBLIC AVAIL- appeal relating to adverse determina- retaries consider appropriate. ABILITY.—A letter submitted under clause (i) tions of tax-exempt status of certain ‘‘(c) EDUCATIONAL OR CAREER TRAINING with respect to a country shall— organizations; which was ordered to lie PROGRAM.—For purposes of this section, the (I) include a description of the concrete ac- on the table; as follows: Governor of the State in which at least 1 of tions that the country has taken to imple- the entities described in subsection (b)(1)(B) ment the principal recommendations de- At the appropriate place, insert the fol- of an eligible entity is located shall establish scribed in clause (i); and lowing: criteria for an educational or career training (II) be made available to the public. SEC. ll. COMMUNITY COLLEGE TO CAREER program leading to a recognized postsec- (iii) APPROPRIATE CONGRESSIONAL COMMIT- FUND. ondary credential for which an eligible enti- TEES DEFINED.—In this subparagraph, the (a) SHORT TITLE.—This section may be ty submits a grant proposal under subsection term ‘‘appropriate congressional commit- cited as the ‘‘Community College to Career (d). tees’’ means— Fund Act’’. ‘‘(d) APPLICATION.—An eligible entity seek- (I) the Committee on Ways and Means and (b) COMMUNITY COLLEGE TO CAREER FUND.— ing a grant under this section shall submit the Committee on Foreign Affairs of the Title I of the Workforce Innovation and Op- an application containing a grant proposal, House of Representatives; and portunity Act is amended by adding at the for an educational or career training pro- (II) the Committee on Finance and the end the following: gram leading to a recognized postsecondary credential, to the Secretaries at such time Committee on Foreign Relations of the Sen- ‘‘Subtitle F—Community College to Career ate. and containing such information as the Sec- Fund retaries determine is required, including a SA 1431. Mr. TILLIS submitted an ‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY detailed description of— amendment intended to be proposed by PARTNERSHIPS PROGRAM. ‘‘(1) the extent to which the educational or him to the bill H.R. 1314, to amend the ‘‘(a) GRANTS AUTHORIZED.—From funds ap- career training program described in the propriated under section 199A, the Secretary Internal Revenue Code of 1986 to pro- grant proposal fits within an overall stra- of Labor (in coordination with the Secretary tegic plan consisting of— vide for a right to an administrative of Education and the Secretary of Com- ‘‘(A) the State plan described in section 102 appeal relating to adverse determina- merce) shall award competitive grants to eli- or 103, for the State involved; tions of tax-exempt status of certain gible entities described in subsection (b) for ‘‘(B) the local plan described in section 108, organizations; which was ordered to lie the purpose of developing, offering, improv- for each local area that comprises a signifi- on the table; as follows: ing, and providing educational or career cant portion of the area to be served by the At the appropriate place, insert the fol- training programs for workers. eligible entity; and lowing: ‘‘(b) ELIGIBLE ENTITY.— ‘‘(C) a strategic plan developed by the eli- SEC. lll. INFORMATION REGARDING H–2B VISA ‘‘(1) PARTNERSHIPS WITH EMPLOYERS OR AN gible entity; ISSUANCE. EMPLOYER OR INDUSTRY PARTNERSHIP.— ‘‘(2) the extent to which the program will The Secretary of Homeland Security may ‘‘(A) GENERAL DEFINITION.—For purposes of meet the needs of employers in the area for not authorize any official of the Department this section, an ‘eligible entity’ means any of skilled workers in in-demand industry sec- of Homeland Security to travel to any con- the entities described in subparagraph (B) (or tors and occupations; ference or symposium until after the Sec- a consortium of any of such entities) in part- ‘‘(3) the extent to which the program will retary— nership with employers or an employer or in- meet the educational or career training (1) has submitted to Congress, and made dustry partnership representing multiple needs of workers in the area; publicly available— employers. ‘‘(4) the specific educational or career (A) the methodology used to determine ‘‘(B) DESCRIPTION OF ENTITIES.—The enti- training program and how the program when the numerical limitation on H–2B visas ties described in this subparagraph are— meets the criteria established under sub- set forth in section 214(g)(1)(B) of the Immi- ‘‘(i) a community college; section (e), including the manner in which gration and Nationality Act (8 U.S.C. ‘‘(ii) a 4-year public institution of higher the grant will be used to develop, offer, im- 1184(g)(1)(B)) has been reached for each of fis- education (as defined in section 101(a) of the prove, and provide the educational or career cal years 2012 through 2015, including the Higher Education Act of 1965 (20 U.S.C. training program; number of petitions for such status that had 1001(a))) that offers 2-year degrees, and that ‘‘(5) any previous experience of the eligible been accepted by U.S. Citizenship and Immi- will use funds provided under this section for entity in providing educational or career gration Services at the time such determina- activities at the certificate and associate de- training programs, the absence of which tion was made; and gree levels; shall not automatically disqualify an eligi- (B) the number of petitions for H–2B visas ‘‘(iii) a Tribal College or University (as de- ble institution from receiving a grant under that had been received by U.S. Citizenship fined in section 316(b) of the Higher Edu- this section; and and Immigration Services for fiscal year cation Act of 1965 (20 U.S.C. 1059c(b))); or ‘‘(6) how the program leading to the cre- 2015— ‘‘(iv) a private or nonprofit, 2-year institu- dential meets the criteria described in sub- (i) on or before March 5, 2015; tion of higher education (as defined in sec- section (c). (ii) on or before March 17, 2015; and tion 102 of the Higher Education Act of 1965 ‘‘(e) CRITERIA FOR AWARD.— (iii) on or before March 26, 2015; (20 U.S.C. 1002)) in the Commonwealth of ‘‘(1) IN GENERAL.—Grants under this sec- (2) has conducted a study that confirms the Puerto Rico, Guam, the United States Virgin tion shall be awarded based on criteria estab- efficacy of the methodology used by the De- Islands, American Samoa, the Common- lished by the Secretaries, that include the partment of Homeland Security to deter- wealth of the Northern Mariana Islands, the following: mine whether the numerical limitation re- Republic of the Marshall Islands, the Fed- ‘‘(A) A determination of the merits of the ferred to in paragraph (1) has been reached; erated States of Micronesia, or the Republic grant proposal submitted by the eligible en- (3) submits a report to Congress informa- of Palau. tity involved to develop, offer, improve, and tion that contains— ‘‘(2) ADDITIONAL PARTNERS.— provide an educational or career training (A) information about any investigations ‘‘(A) AUTHORIZATION OF ADDITIONAL PART- program to be made available to workers. or lawsuits regarding the methodology de- NERS.—In addition to partnering with em- ‘‘(B) An assessment of the likely employ- scribed in paragraph (2); ployers or an employer or industry partner- ment opportunities available in the area to (B) any revisions made to such method- ship representing multiple employers as de- individuals who complete an educational or ology during the past 10 fiscal years; scribed in paragraph (1)(A), an entity de- career training program that the eligible en- (C) contemporaneous work product estab- scribed in paragraph (1) may include in the tity proposes to develop, offer, improve, and lishing how the numerical limitation re- partnership described in paragraph (1) 1 or provide. ferred to in paragraph (1) was calculated dur- more of the organizations described in sub- ‘‘(C) An assessment of prior demand for ing the past 10 fiscal years; paragraph (B). Each eligible entity that in- training programs by individuals eligible for (D) a complete statement of the method- cludes 1 or more such organizations shall training and served by the eligible entity, as ology for determining when the H–2B visa collaborate with the State or local board in well as availability and capacity of existing cap is reached for a fiscal year; and the area served by the eligible entity. (as of the date of the assessment) training

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.024 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3197 programs to meet future demand for training ‘‘(D) are innovative programs designed to certain organizations; which was or- programs. increase the provision of training for stu- dered to lie on the table; as follows: ‘‘(2) PRIORITY.—In awarding grants under dents, including students who are members At the end of the amendment, add the fol- this section, the Secretaries shall give pri- of the National Guard or Reserves, to enter lowing: ority to eligible entities that— skilled occupations in in-demand industry SEC. ll. TRANSSHIPMENT OF LIGHTWEIGHT ‘‘(A) include a partnership, with employers sectors; and THERMAL PAPER. or an employer or industry partnership, ‘‘(E) support paid internships that will (a) IN GENERAL.—The Commissioner re- that— allow students to simultaneously earn credit sponsible for U.S. Customs and Border Pro- ‘‘(i) pays a portion of the costs of edu- for work-based learning and gain relevant tection (in this section referred to as the cational or career training programs; or employment experience in an in-demand in- ‘‘Commissioner’’) shall direct appropriate ‘‘(ii) agrees to hire individuals who have dustry sector or occupation, which shall in- personnel and resources of U.S. Customs and attained a recognized postsecondary creden- clude opportunities that transition individ- Border Protection to address concerns that tial resulting from the educational or career uals into employment. lightweight thermal paper is being imported training program of the eligible entity; ‘‘(4) The development and implementation into the United States in violation of the ‘‘(B) enter into a partnership with a labor of— customs and trade laws of the United States. organization or labor-management training ‘‘(A) a Pay-for-Performance program that (b) DATABASE OF CHARACTERISTICS OF IM- program to provide, through the program, leads to a recognized postsecondary creden- PORTED LIGHTWEIGHT THERMAL PAPER.— technical expertise for occupationally spe- tial, for which an eligible entity agrees to be (1) IN GENERAL.—The Commissioner shall, cific education necessary for a recognized reimbursed under the grant primarily on the in consultation with the Secretary of Com- postsecondary credential leading to a skilled basis of achievement of specified perform- merce, compile a database of the individual occupation in an in-demand industry sector; ance outcomes and criteria agreed to by the characteristics of lightweight thermal paper ‘‘(C) are focused on serving individuals Secretary; or produced in foreign countries, especially with barriers to employment, low-income, ‘‘(B) a Pay-for-Success program that leads lightweight thermal paper produced in the non-traditional students, students who are to a recognized postsecondary credential, for People’s Republic of China, Malaysia, Tai- dislocated workers, students who are vet- which an eligible entity— wan, South Korea, Spain, Finland, Japan, erans, or students who are long-term unem- ‘‘(i) enters into a partnership with an in- Thailand, and Germany, to facilitate the ployed; vestor, such as a philanthropic organization verification of country of origin markings of ‘‘(D) include any eligible entities serving that provides funding for a specific project to lightweight thermal paper imported into the areas with high unemployment rates; address a clear and measurable educational United States. ‘‘(E) are eligible entities that include an or career training need in the area to be (2) ENGAGEMENT WITH FOREIGN GOVERN- institution of higher education eligible for served under the grant; and MENTS.—The Commissioner shall seek to en- assistance under title III or V of the Higher ‘‘(ii) agrees to be reimbursed under the gage the customs agencies of foreign govern- Education Act of 1965 (20 U.S.C. 1051 et seq.; grant only if the project achieves specified ments for assistance in compiling the data- 20 U.S.C. 1101 et seq.); and performance outcomes and criteria agreed to base described in paragraph (1). ‘‘(F) include a partnership, with employers by the Secretary. (3) CONSULTATION WITH INDUSTRY.—In com- or an employer or industry partnership, that ‘‘SEC. 199A. AUTHORIZATION OF APPROPRIA- piling the database described in paragraph increases domestic production of goods. TIONS. ‘‘(f) USE OF FUNDS.—Grant funds awarded (1), the Commissioner shall consult with en- under this section shall be used for one or ‘‘(a) IN GENERAL.—There are authorized to tities in the lightweight thermal paper in- more of the following: be appropriated such sums as may be nec- dustry regarding the development of indus- ‘‘(1) The development, offering, improve- essary to carry out the program established try standards for identification of light- ment, and provision of educational or career by section 199. weight thermal paper. training programs, that provide relevant job ‘‘(b) ADMINISTRATIVE COST.—Not more than (c) REPORT REQUIRED.—Not later than 180 training for skilled occupations, that lead to 5 percent of the amounts made available days after the date of the enactment of this recognized postsecondary credentials, that under subsection (a) may be used by the Sec- Act, the Commissioner shall submit to Con- will meet the needs of employers in in-de- retaries to administer the program described gress a report that— mand industry sectors, and that may include in that subsection, including providing tech- (1) describes and assesses the limitations in registered apprenticeship programs, on-the- nical assistance and carrying out evalua- the existing analysis capabilities of labora- job training programs, and programs that tions for the program described in that sub- tories with respect to determining the coun- support employers in upgrading the skills of section. try of origin of samples of lightweight ther- their workforce. ‘‘(c) PERIOD OF AVAILABILITY.—The funds mal paper; and ‘‘(2) The development and implementation appropriated pursuant to subsection (a) for a (2) includes any recommendations of the of policies and programs to expand opportu- fiscal year shall be available for Federal ob- Commissioner for improving such capabili- nities for students to earn a recognized post- ligation for that fiscal year and the suc- ties. secondary credential, including a degree, in ceeding 2 fiscal years. (d) SENSE OF CONGRESS.—It is the sense of in-demand industry sectors and occupations, ‘‘SEC. 199B. DEFINITION. Congress that the Secretary of Commerce including by— ‘‘For purposes of this subtitle, the term should promptly establish a national stand- ard of identity for lightweight thermal paper ‘‘(A) facilitating the transfer of academic ‘community college’ has the meaning given for the Commissioner to use to ensure that credits between institutions of higher edu- the term ‘junior or community college’ in imports of lightweight thermal paper are— cation, including the transfer of academic section 312(f) of the Higher Education Act of (1) classified accurately for purposes of as- credits for courses in the same field of study; 1965 (20 U.S.C. 1058(f)).’’. sessing duties; and ‘‘(B) expanding articulation agreements (c) CONFORMING AMENDMENT.—The table of (2) denied entry into the United States if and policies that guarantee transfers be- contents for the Workforce Innovation and such imports pose a threat to the domestic tween such institutions, including through Opportunity Act is amended by inserting lightweight thermal paper industry. common course numbering and use of a gen- after the items relating to subtitle E of title I the following: eral core curriculum; and Mr. HATCH submitted an ‘‘Subtitle F—Community College to Career SA 1434. ‘‘(C) developing or enhancing student sup- amendment intended to be proposed to port services programs. Fund amendment SA 1251 submitted by Mr. ‘‘(3) The creation of career pathway pro- ‘‘Sec. 199. Community college and industry grams that provide a sequence of education partnerships program. BROWN (for himself, Mr. PETERS, Mr. and occupational training that leads to a ‘‘Sec. 199A. Authorization of appropriations. SCHUMER, Ms. STABENOW, Mr. MENEN- recognized postsecondary credential, includ- ‘‘Sec. 199B. Definition.’’. DEZ, and Mr. CASEY) to the amendment ing a degree, including programs that— (d) EFFECTIVE DATE.—This section, includ- SA 1221 proposed by Mr. HATCH to the ‘‘(A) blend basic skills and occupational ing the amendments made by this section, bill H.R. 1314, to amend the Internal training; take effect as if included in the Workforce Revenue Code of 1986 to provide for a ‘‘(B) facilitate means of transitioning par- Innovation and Opportunity Act. right to an administrative appeal relat- ticipants from non-credit occupational, basic skills, or developmental coursework to for- SA 1433. Ms. BALDWIN submitted an ing to adverse determinations of tax- credit coursework within and across institu- amendment intended to be proposed to exempt status of certain organizations; tions; amendment SA 1312 submitted by Mr. which was ordered to lie on the table; ‘‘(C) build or enhance linkages, including INHOFE (for himself and Mr. COONS) to as follows: the development of dual enrollment pro- the amendment SA 1221 proposed by Beginning on page 1 of the amendment, grams and early college high schools, be- Mr. HATCH to the bill H.R. 1314, to strike ‘‘ADDITIONAL COUNTRIES’’ on line 2 and tween secondary education or adult edu- all that follows and insert the following: cation programs (including programs estab- amend the Internal Revenue Code of PROCEDURES WITH RESPECT TO AGREEMENTS lished under the Carl D. Perkins Career and 1986 to provide for a right to an admin- WITH COUNTRIES NOT IN COMPLIANCE WITH Technical Education Act of 2006 (20 U.S.C. istrative appeal relating to adverse de- TRAFFICKING VICTIMS PROTECTION ACT OF 2301 et seq.) and title II of this Act); terminations of tax-exempt status of 2000.—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.024 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3198 CONGRESSIONAL RECORD — SENATE May 20, 2015 (1) INVOKING EXCEPTION.—If the President ing to conduct a Subcommittee hearing mittee on the Judiciary, Sub- submits to the appropriate congressional entitled ‘‘Improvements and Innova- committee on the Constitution, be au- committees a letter stating that a country tions in Fishery Management and Data thorized to meet during the session of subject to paragraph (6) of section 106(b) has Collection.’’ the Senate on May 20, 2015, at 2:30 p.m., taken concrete actions to implement the The PRESIDING OFFICER. Without principal recommendations in the most re- in room SD-226 of the Dirksen Senate cent annual report on trafficking in persons objection, it is so ordered. Office Building, to conduct a hearing described in that paragraph, that paragraph COMMITTEE ON FOREIGN RELATIONS entitled ‘‘Taking Sexual Assault Seri- shall not apply with respect to agreements Mr. CORNYN. Mr. President, I as ously: The Rape Kit Backlog and with that country. unanimous consent that the Com- Human Rights.’’ (2) CONTENT OF LETTER; PUBLIC AVAIL- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ABILITY.—A letter submitted under para- ized to meet during the session of the objection, it is so ordered. graph (1) with respect to a country shall— Senate on May 20, 2015, at 10 a.m., to SUBCOMMITTEE ON REGULATORY AFFAIRS AND (A) include a description of the concrete conduct a hearing entitled ‘‘U.S. Cuban actions that the country has taken to imple- FEDERAL MANAGEMENT Relations—The Way Forward.’’ Mr. CORNYN. Mr. President, I ask ment the principal recommendations de- The PRESIDING OFFICER. Without scribed in paragraph (1); and unanimous consent that the Sub- objection, it is so ordered. (B) be made available to the public. committee on Regulatory Affairs and (3) APPROPRIATE CONGRESSIONAL COMMIT- COMMITTEE ON FOREIGN RELATIONS Federal Management of the Committee Mr. CORNYN. Mr. President, I as TEES DEFINED.—In this subsection, the term on Homeland Security and Govern- unanimous consent that the Com- ‘‘appropriate congressional committees’’ mental Affairs be authorized to meet means— mittee on Foreign Relations be author- during the session of the Senate on (A) the Committee on Ways and Means and ized to meet during the session of the May 20, 2015, at 10 a.m., to conduct a the Committee on Foreign Affairs of the Senate on May 20, 2015, at 2:30 p.m., to House of Representatives; and conduct a hearing entitled ‘‘Nomina- hearing entitled ‘‘21st Century Ideas (B) the Committee on Finance and the tions.’’ for the 20th Century Federal Civil Committee on Foreign Relations of the Sen- The PRESIDING OFFICER. Without Service.’’ ate. objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. SA 1435. Mr. HATCH submitted an COMMITTEE ON HEALTH, EDUCATION, LABOR AND amendment intended to be proposed to PENSIONS SUBCOMMITTEE ON SUPERFUND, WASTE MANAGEMENT, AND REGULATORY OVERSIGHT amendment SA 1327 submitted by Ms. Mr. CORNYN. Mr. President, I as Mr. CORNYN. Mr. President, I ask WARREN (for herself, Ms. HEITKAMP, Mr. unanimous consent that the Com- unanimous consent that the Sub- MANCHIN, Mr. DURBIN, Mrs. BOXER, Mr. mittee on Health, Education, Labor and Pensions be authorized to meet committee on Superfund, Waste Man- BROWN, Mr. CASEY, Mr. FRANKEN, Mr. during the session of the Senate on agement, and Regulatory Oversight of BLUMENTHAL, Ms. BALDWIN, Mr. MAR- May 20, 2015, at 10 a.m., in room SD–430 the Committee on Environment and KEY, Mr. PETERS, Mr. WHITEHOUSE, Mr. of the Dirksen Senate Office Building Public Works be authorized to meet SCHATZ, Mr. UDALL, and Mr. HEINRICH) to conduct a hearing entitled ‘‘Reau- to the amendment SA 1221 proposed by during the session of the Senate on thorizing the Higher Education Act: May 20, 2015, at 9:30 a.m., in room SD- Mr. HATCH to the bill H.R. 1314, to Exploring Institutional Risk-sharing.’’ amend the Internal Revenue Code of 406 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without ing, to conduct a hearing entitled, 1986 to provide for a right to an admin- objection, it is so ordered. istrative appeal relating to adverse de- ‘‘Oversight of Scientific Advisory Pan- COMMITTEE ON INDIAN AFFAIRS terminations of tax-exempt status of els and Processes at the Environmental Mr. CORNYN. Mr. President, I ask Protection Agency.’’ certain organizations; which was or- unanimous consent that the Com- dered to lie on the table; as follows: The PRESIDING OFFICER. Without mittee on Indian Affairs be authorized objection, it is so ordered. Beginning on page 1 of the amendment, to meet during the session of the Sen- f strike ‘‘FOR AGREEMENTS’’ on line 2 and all ate on May 20, 2015, in room SD-628 of that follows and insert the following: the Dirksen Senate Office Building, at CORRECTING THE ENROLLMENT ADDITIONAL OVERALL NEGOTIATING OBJEC- 2;15 p.m., to conduct a hearing entitled OF S. 178 TIVE.—In addition to the objectives set forth in section 102(a), an overall negotiating ob- ‘‘Addressing the Needs of Native Com- Mr. CASSIDY. Mr. President, I ask jective of the United States for trade agree- munities Through Indian Water Rights unanimous consent that the Senate ments entered into under section 103 is to en- Settlements.’’ proceed to the consideration of H. Con. The PRESIDING OFFICER. Without sure that such agreements do not require Res. 47, which is at the desk. changes to the immigration laws of the objection, it is so ordered. United States. The PRESIDING OFFICER. The COMMITTEE ON VETERANS’ AFFAIRS clerk will report the concurrent resolu- f Mr. CORNYN. Mr. President, I ask tion by title. AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- The senior assistant legislative clerk mittee on Veterans’ Affairs be author- MEET read as follows: ized to meet during the session of the COMMITTEE ON COMMERCE, SCIENCE, AND Senate on May 20, 2015, at 10 a.m., in A concurrent resolution (H. Con. Res. 47) to correct the enrollment of S. 178. TRANSPORTATION room SH-216 of the Hart Senate Office Mr. CORNYN. Mr. President, I as Building. There being no objection, the Senate unanimous consent that the Com- The PRESIDING OFFICER. Without proceeded to consider the concurrent mittee on Commerce, Science, and objection, it is so ordered. resolution. Transportation be authorized to meet SPECIAL COMMITTEE ON AGING Mr. CASSIDY. I ask unanimous con- during the session of the Senate on Mr. CORNYN. Mr. President, I ask sent that the concurrent resolution be May 20, 2015, at 10:30 a.m., in room SR– unanimous consent that the Special agreed to and the motion to reconsider 253 of the Russell Senate Office Build- Committee on Aging be authorized to be laid upon the table with no inter- ing. meet during the session of the Senate vening action or debate. The PRESIDING OFFICER. Without on May 20, 2015, in room SD-562 of the The PRESIDING OFFICER. Without objection, it is so ordered. Dirksen Senate Office Building, at 2:15 objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND p.m., to conduct a hearing entitled The concurrent resolution (H. Con. TRANSPORTATION ‘‘Challenging the Status Quo: Solu- Res. 47) was agreed to. Mr. CORNYN. Mr. President, I as tions to the Hospital Observation Stay f unanimous consent that the Com- Crisis.’’ mittee on Commerce, Science, and The PRESIDING OFFICER. Without MEASURE READ THE FIRST Transportation be authorized to meet objection, it is so ordered. TIME—H.R. 2353 during the session of the Senate on SUBCOMMITTEE ON THE CONSTITUTION Mr. CASSIDY. Mr. President, I un- May 20, 2015, at 2:30 p.m., in room SR– Mr. CORNYN. Mr. President, I ask derstand there is a bill at the desk and 253 of the Russell Senate Office Build- unanimous consent that the Com- I ask for its first reading.

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COMMEMORATING THE 240TH ANNI- member of Company G, 2nd Battalion, 47th I am honored to recognize Alivia Davis as VERSARY OF THE MECKLEN- Infantry Regiment, 4th Division, American Ex- the winner of the Fourth Congressional District BURG DECLARATION OF INDE- peditionary Forces, originally located in Syra- Art Competition, and I could not be happier to PENDENCE cuse, New York. In May of 1918, Army Ser- see her drawing hang in the halls of Congress geant Shemin arrived in France to fight as a over the next year, proudly representing HON. RICHARD HUDSON rifleman within his platoon. Army Sergeant Northeast Florida. Alivia has a bright future Shemin not only put himself in danger to res- OF NORTH CAROLINA ahead of her. Regardless of what that future cue his wounded fellow soldiers, but also took holds, whether that be to pursue her artistic IN THE HOUSE OF REPRESENTATIVES command of his platoon following the death of talents or otherwise, I believe that she will al- Wednesday, May 20, 2015 his superior officers. ways find success. Mr. HUDSON. Mr. Speaker, it is with great Army Private Henry Johnson and Army Ser- pride that I rise today to commemorate the geant William Shemin proudly served and rep- f 240th anniversary of the Mecklenburg Dec- resented New York and our entire nation. laration of Independence. Nearly 100 years after their service, Army Pri- RECOGNIZING NACHA ON ENA- Meck Dec Day marks a defining moment in vate Henry Johnson and Army Sergeant Wil- BLING UBIQUITOUS SAME-DAY our nation’s history when brave North Caro- liam Shemin will be awarded the Medal of PAYMENTS DURING DIRECT DE- linians—united by their common pursuit of Honor by President Obama on June 2nd. It is POSIT AND DIRECT PAYMENT freedom—stepped forward to become the very a privilege to share in the recognition of these VIA ACH MONTH first Americans to declare independence from American heroes, Army Private Henry John- the tyrannical crown of Great Britain. son and Army Sergeant William Shemin. HON. GERALD E. CONNOLLY f This courageous act of defiance paved the OF VIRGINIA way for the establishment of the United States HONORING ALIVIA DAVIS, WINNER IN THE HOUSE OF REPRESENTATIVES of America and our great experiment in de- OF THE 2015 FOURTH CONGRES- mocracy. SIONAL DISTRICT OF FLORIDA Wednesday, May 20, 2015 North Carolina’s bold leaders and citizens ART COMPETITION Mr. CONNOLLY. Mr. Speaker, I rise to rec- resisted British occupation during the Revolu- ognize May as the Direct Deposit and Direct tionary War, prompting British Commander Payment via Automated Clearing House General Cornwallis to describe our fearless HON. ANDER CRENSHAW OF FLORIDA (ACH) Month. NACHA—The Electronic Pay- city as ‘‘a hornet’s nest of rebellion.’’ IN THE HOUSE OF REPRESENTATIVES ments Association serves as trustee of the It’s in this spirit that our community con- ACH Network, enabling payments such as di- tinues to stand for liberty, justice and freedom. Wednesday, May 20, 2015 rect deposit and direct payment via ACH. An- I am so proud of our heritage and for the Mr. CRENSHAW. Mr. Speaker, I rise today nually, the network processes 23 billion ACH leadership that the State of North Carolina to recognize Alivia Davis, winner of the 2015 transactions valued at more than $40 trillion. continues to provide this great nation. Fourth Congressional District of Florida Art As a self-governing, collaborative rule maker Mr. Speaker, on this historic anniversary, I Competition in my home town of Jacksonville, and educator, NACHA helps to expand and di- want to congratulate the city of Charlotte and Florida. Nationally, the Congressional Art versify electronic payments, ensuring the Net- all North Carolinians. Competition recognizes some of the finest work remains universal and secure, creating I welcome each and every one of my col- high school student artists, and there is no value, and enabling innovation for all partici- leagues to join us in celebrating this important doubt that Alivia belongs among this illustrious pants. moment in our history and the great North group. Her drawing, titled ‘‘Magnif.eyed,’’ could Carolinians who risked everything to lay claim not be a better representation of the artistic To coincide with this year’s recognition of to our rights and freedom. ability of Northeast Florida, and I am proud to Direct Deposit and Direct Payment via ACH Month, the NACHA membership has approved f recognize her on the House Floor today. Alivia recently completed her freshman year an Operating Rules change to enable same- HONORING ARMY PRIVATE HENRY of high school at Stanton College Preparatory day settlement capabilities for virtually any JOHNSON AND ARMY SERGEANT School, an academically renowned public high ACH transaction. The proposal received broad WILLIAM SHEMIN school in Jacksonville. Competing against support from financial institutions, businesses, thousands of high school students across the government agencies and regulators, con- HON. JOHN KATKO Fourth Congressional District, Alivia’s artistic sumer groups, and other interested parties. This new same-day service ACH allows the fi- OF NEW YORK ability and execution set her apart from the nancial services industry to offer an option to IN THE HOUSE OF REPRESENTATIVES rest. Alivia’s ‘‘Magnif.eyed’’ depicts her young- er brother’s face as seen beneath a magni- consumers, businesses and governments, Wednesday, May 20, 2015 fying glass. The attention to detail is extraor- who want to move their money faster. Mr. KATKO. Mr. Speaker, I rise today to dinary; the hair is vivid and lifelike, the eyes I commend NACHA’s commitment to en- honor the brave service of Army Private Henry incredibly vibrant, and the shading meticu- hancing the versatility and improving the Johnson and Army Sergeant William Shemin. lously applied. Alivia shows artistic skills far strength of the ACH Network for consumers, Army Private Henry Johnson and Army Ser- beyond her years. governments, businesses, and financial institu- geant William Shemin valiantly fought to de- Alivia comes from a large and loving family. tions that rely on the network to move their fend our nation during World War I. Her proud father and mother, Daniel and Re- money via ACH. This introduction of same-day Army Private Henry Johnson entered the bekah, as well as her siblings Caroline, Chris- ACH is an immediate action undertaken by fi- Army on June 5, 1917. He served in Company tian, and Gabe, have been a constant source nancial institutions to modernize the payments C, the 15th New York Infantry Regiment, an of support throughout her life. Tony Wood, art system, and it creates a building block for a all-black National Guard unit. In 1918, Army teacher at Stanton College Preparatory variety of innovative products and services. Private Henry Johnson’s unit, then the 369th School, and a renowned artist himself, has Mr. Speaker, I ask that my colleagues join Infantry Regiment, was ordered into battle in paintings displayed in various art galleries me in recognizing NACHA—The Electronic France and fought in front-line combat. Army around Jacksonville. He mentored and encour- Payments Association for its work to move Private Johnson courageously risked his life to aged Alivia to submit her artwork for the com- payments safely and more efficiently through defend those of his fellow soldiers. petition, and I can only hope that in her up- same-day ACH and in recognizing May as Di- Army Sergeant William Shemin entered the coming years at Stanton, he will continue to rect Deposit and Direct Payment via ACH Army on October 2, 1917. He served as a guide Alivia in all of her artistic abilities. Month.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K20MY8.001 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E756 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 NATIONAL DEFENSE AUTHORIZA- native fuel refineries and prevent our military make the American Community Survey vol- TION ACT FOR FISCAL YEAR 2016 from developing alternative energy sources untary. This survey is another example of un- that have the potential to save money and en- necessary and completely unwarranted gov- SPEECH OF hance our energy security. Finally, I object to ernment intrusion. HON. CHRIS VAN HOLLEN the inclusion of unrequested funding for many The federal government has no right to weapons systems, including an extra $1.15 force Americans to divulge such private infor- OF MARYLAND billion for extra F/A–18 aircraft and $128 mil- mation, especially information that they are IN THE HOUSE OF REPRESENTATIVES lion for extra UH–60 helicopters. uncomfortable giving away. Wednesday, May 13, 2015 Despite my opposition to the overall legisla- But this is happening all over America and The House in Committee of the Whole tion, I was pleased that a bipartisan amend- even right here in Southeast Texas. I have House on the state of the Union had under ment I introduced with Congressman had neighbors contact me for years com- consideration the bill (H.R. 1735) to authorize Mulvaney was adopted and will require Con- plaining about this government harassment. appropriations for fiscal year 2016 for mili- gress to report on how funds authorized for According to the Constitution, article 1, sec- tary activities of the Department of Defense overseas contingency operations were ulti- tion 2, a count of the nation’s population is re- and for military construction, to prescribe mately used. I also support the increased 2.3 quired to be conducted every ten years. The military personnel strengths for such fiscal percent pay raise for our troops and their fami- purpose of the Census is to apportion con- year, and for other purposes: lies. gressional seats and levy direct taxes. But the Mr. VAN HOLLEN. Mr. Chair, I rise today in While this legislation does authorize much American Community Survey achieves none opposition to H.R. 1735, the FY16 National needed funding for programs that benefit our of that, except information on American’s toilet Defense Authorization Act. men and women in uniform, ultimately, this bill flushing patterns. The National Defense Authorization Act is falls short in too many areas. It is my hope I believe in a limited government and will one of the most important pieces of legislation that many of my objections to the NDAA will work to protect American citizens from govern- that this body votes on each year. While this be resolved in Conference with the Senate but ment abuse and harassment. Bottom line, bill does authorize much needed funding for I can’t support it in its current form. Americans should have the choice on whether our men and women in uniform, ultimately it f they want to tell Washington how many toilets ignores the current budget landscape that our they have. military is facing. AMERICAN COMMUNITY SURVEY And that’s just the way it is. Consistent with the Republican budget, this ON THE WAY TO 3 MILLION HOMES f year’s defense authorization bill uses the Overseas Contingency Operations budget as HON. TED POE CELEBRATING 50TH ANNIVERSARY a backdoor loophole to get around sequestra- OF TEXAS OF HEAD START tion by funding $38 billion of the Pentagon’s IN THE HOUSE OF REPRESENTATIVES regular base budget activities with war funds— Wednesday, May 20, 2015 HON. G.K. BUTTERFIELD a blatant abuse of the budget process. Just OF NORTH CAROLINA Mr. POE of Texas. Mr. Speaker, it’s Friday one year ago, House Republicans criticized IN THE HOUSE OF REPRESENTATIVES night. You come home from work, tired and the abuse of the OCO loophole in their budget hungry for supper. Wednesday, May 20, 2015 report, stating that it ‘‘undermines the integrity There is a big stack of mail on the table you Mr. BUTTERFIELD. Mr. Speaker, I rise to of the budget process’’ and that the Budget sift through, including one piece addressed to congratulate and celebrate Head Start on its Committee would ‘‘oppose increases above you from the government. 50th year of service to children and families. the levels the Administration and our military You open the envelope only to find a sur- Fifty years ago yesterday, President Lyndon commanders say are needed to carry out op- vey. The survey asks you a series of ques- Johnson stood in the White House Rose Gar- erations unless it can be clearly demonstrated tions like: How many toilets do you have in den and announced the creation of Head that such amounts are war-related.’’ your house? When do you leave and return Start. Moreover, in following the strategy of the from work? Does anyone in your home suffer This pioneering federal program became a Republican budget, the NDAA begins the from mental illness? Does your house have a foundation of his historic anti-poverty plan. process of locking in sequestration for non- sink with a faucet? Do you have a refrig- Head Start was designed to ensure that chil- defense programs, which will have a dev- erator? dren from low-income families had access to astating impact on investments critical to the This government-mandated questionnaire is a quality early childhood education. nation. We need to get back to the table to known as the American Community Survey. This program has long served as a catalyst have an honest debate about our budget and Three million Americans each year are ‘‘lucky’’ for long-term educational achievement and is renegotiate the funding caps for both defense enough to be selected to answer this manda- considered the nation’s premier school readi- and nondefense. Only then will we be able to tory survey. The American Community Survey ness program. provide the necessary resources for our na- is independent from the Census. This survey Head Start recognizes that parents are the tional security needs and to ensure we keep is more intrusive, more personal and more initial and most important educators in their the nation’s commitments to education, re- time consuming. Not to mention, it is 28 pages child’s life and works to inspire and support af- search, infrastructure, and other crucial drivers long and mandatory. firmative parental involvement with their chil- of economic prosperity. Understandably, many people dismiss this dren. I also have many problems with a number survey, tossing it out or feeling too uncomfort- In addition to building strong parent-child re- of misguided provisions in this year’s NDAA. able to divulge such personal information. But lationships, Head Start along with Early Head Once again, this year’s NDAA includes a pro- throwing it away does not make it disappear. Start, provides extensive services to promote vision to continue funding restrictions on the If you fail to answer the survey, the govern- strong mental, social, and emotional develop- construction or modification of detention facili- ment will come after you. It begins with phone ment in children from birth to age five. ties in the United States to house Guanta- calls. If the calls go answered or the survey is Head Start also provides children and their namo detainees. I strongly opposed Rep. incomplete, the calls will increase from weekly families with health screenings and nutritional Walorski’s amendment to keep Guantanamo to daily. Then the eyes of the federal govern- education, among other integral services. The open for at least two more years beyond FY16 ment are sent to houses of the unwilling, to services offered to our communities by Head and was disappointed that an amendment of- ring the doorbell and peak in the window. This Start are copious and invaluable. fered by Ranking Member Smith to provide a is harassment. No one wants the government Evidence-based studies have shown Head framework for closure of Guantanamo by the doing drop-ins to their home. Quite the oppo- Start to be tremendously effective at pro- end of 2016 was rejected. site, the majority of Americans want the gov- moting academic success in school, avoiding I also oppose efforts by Republicans to ernment to leave them alone. And on top of all crime, and fostering the development of pro- strike an important provision in this bill which the harassment and intimidation by Census ductive, successful leaders. would have stated that it was the sense of the Bureau emissaries, citizens who still choose Head Start is one of the longest running House that our military should review whether not to answer, are threatened with a criminal programs in the United States whose mission ‘‘DREAMers’’ should be allowed to enlist and penalty, and in some cases face up to a is to address systemic poverty, and it has in- serve in the Armed Forces. In addition, I ob- $5,000 fine. deed yielded impressive results. ject to provisions that prohibit the Pentagon In an effort to help protect American’s pri- In just 2014, Head Start served over 20,000 from entering into contracts to construct alter- vacy, I reintroduced legislation that would children and families in North Carolina alone,

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.001 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E757 including nearly 5,000 in my congressional building such a strong Catholic-educated com- IN RECOGNITION OF COL. ALFRED district. Since its creation 50 years ago, more munity. May their success continue for dec- ROBERT FRENCH II than 32 million children and families have ades to come. reaped the benefits of Head Start. HON. RUBEN GALLEGO Mr. Speaker, I ask that my colleagues join f OF ARIZONA me in congratulating Head Start for 50 years IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE COLUMBIA of service and enrichment to our nation’s chil- Wednesday, May 20, 2015 dren and their families. Its involvement in the RIVER BASIN RESTORATION ACT lives of our young people is exceptionally sig- Mr. GALLEGO. Mr. Speaker, I rise today to nificant and deserving of our sincere apprecia- HON. EARL BLUMENAUER salute, congratulate and recognize Col. Alfred tion. Robert French II, M.D., for his distinguished OF OREGON military career and years of dedicated service f IN THE HOUSE OF REPRESENTATIVES to our nation as we celebrate his upcoming IN HONOR OF LIFEGUARD THOMAS 89th birthday. HOLT Wednesday, May 20, 2015 Col. French II was raised in Bisbee, AZ and Mr. BLUMENAUER. Mr. Speaker, I am attended Bisbee High School, Wentworth Mili- tary Academy and Valley Forge Military Acad- pleased to introduce the Columbia River Basin HON. JUAN VARGAS emy, graduating in 1944. Upon graduation, Restoration Act, a bill that would bring much OF CALIFORNIA Col. French sought immediate induction into needed resources to clean up toxic pollution in IN THE HOUSE OF REPRESENTATIVES the U.S. Army and his journey in the service the Columbia River Basin. The Columbia River of our nation began in a crowded ship that left Wednesday, May 20, 2015 is the largest river in the Pacific Northwest. Brooklyn, New York, bound for Le Havre, Mr. VARGAS. Mr. Speaker, I rise today to The River and its tributaries provide significant France. honor Thomas Holt for the outstanding com- ecological and economic benefits to the Pa- Upon arrival, Col. French II was requi- mitment and dedication he has demonstrated cific Northwest and the entire United States. sitioned by the 61st Signal Battalion of the to the City of Imperial Beach. Mr. Holt started Historically, the Columbia and its tributaries Third Army and began his service as a driver his public service as an ocean lifeguard in have constituted the largest salmon-producing and a courier in Eider Oberstein, Germany. 1967. During his 47 years of service, Thomas river system in the world, with annual returns On occasion, he would drive through Ger- Holt made thousands of ocean rescues and peaking at 16 million fish. many, the Netherlands, Belgium, Luxemburg provided medical aid to hundreds of beach The Columbia River was designated an Es- and France, all in one day. He also spent time visitors. tuary of National Significance in 1995 and a in the Saar Protectorate, and then moved to On March 1, 2014, Mr. Holt officially retired Large Aquatic Ecosystem (LAE) by the Envi- Neckersulm, Germany, where he served as a at the age of 70. His service is a remarkable ronmental Protection Agency (EPA) in 2006. Guard in a Displaced Persons (DP) camp. achievement in the ocean lifeguarding field. Yet it remains the only LAE to receive zero Col. French was eventually transferred to Mr. Holt is recognized by his lifeguard col- Congressional funding pursuant to this des- Heidelberg, Germany and assigned to the leagues and the community of Imperial Beach ignation—despite a growing problem of toxic 79th field Artillery group. There, Col. French II as a hardworking, reliable and dedicated men- contamination throughout the River Basin. had the honor of attending General Patton’s tor. Toxic contaminants are present throughout funeral service. Mr. Holt has devoted his life to preserving the Columbia River Basin and are harmful to Col. French II returned to Phoenix, AZ, and the lives of others. His outstanding achieve- public health and ecosystem health. These studied at the University of Arizona. Soon ments, his leadership and his commitment to contaminants make their way into fish tissues, after, however, he decided to continue his the people of California’s 51st District, are an which when consumed can be damaging to service to our country by reenlisting in the inspiration to us all. human health. Some of these toxics are Army. He was deployed to Japan with the f known to increase cancer risks and have been Army of Occupation and subsequently partici- pated in the first battle of the Korean War as RECOGNIZING ST. JOHN’S–ST. AN- linked with neurological, developmental and reproductive problems, including birth defects part of Task Force Smith, the first U.S. ground DREW’S CATHOLIC SCHOOL CEN- maneuver unit to enter combat in Korea. TENNIAL and learning disabilities. This concern is par- ticularly pressing for tribal populations, who Throughout his years of service, Col. French rely on local fish as a dietary and cultural sta- II has won numerous awards and distinctions, HON. TOM EMMER ple and consume large quantities of resident including the Bronze Star Medal, the Combat Infantry Badge, the Korean Service Medal, OF MINNESOTA fish. In wildlife, contaminants increase mor- and the UN Service Medal. IN THE HOUSE OF REPRESENTATIVES tality and disease susceptibility and impair re- After the war, Col. French II returned to Wednesday, May 20, 2015 production and the ability of the fish to avoid Phoenix, AZ, and utilized the G.I. Bill to re- Mr. EMMER of Minnesota. Mr. Speaker, I predators. ceive a B.S. from Arizona State University. He rise today in honor of St. John’s–St. Andrew’s In 2013, the States of Oregon and Wash- later graduated from Tulane Medical School Catholic School in Meire Grove, Minnesota, as ington issued fish advisories warning the pub- with a specialty in Ophthalmology in 1959 and it celebrates its centennial. lic to protect itself against mercury and PCB joined his father, Harry French, M.D., in pri- Founded in 1915, the current schoolhouse contamination by limiting consumption of resi- vate practice. Col. French II joined the Army was built to meet the growing needs of a thriv- dent fish species living in the 150 mile stretch National Guard in 1976 and served until 1993. ing Catholic community. After years of remod- of river between Bonneville and McNary Mr. Speaker, Col. Alfred French II is a proud eling and improvements, and a shift towards Dams. member of the Greatest Generation. He fought being a parochial school, St. John’s–St. An- This bill authorizes the EPA to establish a for our freedom in two different wars and has drew’s now consists of 40 families. An impres- voluntary, competitive Columbia River Basin lived a life defined by service and integrity. I sive growth, considering Catholic education in grants program to support projects aimed at am deeply honored to recognize all that Col. the area began with a deserted log church reducing pollution, cleaning up contaminated French II has achieved and pleased to con- and 20 children. sites, improving water quality, monitoring the gratulate him as he celebrates his 89th birth- For a century, central Minnesotans have Basin, and promoting citizen engagement. Eli- day. sent their sons and daughters to this historic gible entities may include States, tribal and f local governments, nonprofits, and private school knowing that they will receive a sub- HONORING COACH BILL landowners. The legislation authorizes $50 stantive education centered around Christ. For GUTHRIDGE many, this Catholic tradition spans several million per year for five years for this effort, generations. which is estimated to create between 700 and I pray that these children continue to grow 1,000 family wage jobs per year in the region. HON. DAVID E. PRICE OF NORTH CAROLINA in their faith and that they continue to follow The Columbia River is the lifeblood of the IN THE HOUSE OF REPRESENTATIVES Christ’s example of service and respect. Pacific Northwest, but it has become dan- Mr. Speaker, I ask that this body join me in gerously polluted. It is time to clean up the Wednesday, May 20, 2015 congratulating St. John’s–St. Andrew’s Catho- Columbia River and improve water quality and Mr. PRICE of North Carolina. Mr. Speaker, lic School on 100 years, and thanking them for river health for generations to come. I come to the floor today to honor the memory

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.003 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E758 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 of Bill Guthridge, long-time basketball coach at conference theme ‘‘Leveraging the Legacy of REMEMBERING MAURIE BERMAN UNC-Chapel Hill, a skilled and dedicated men- Friendship and Service’’ is apropos as we tor and leader on and off the court. congratulate the 2015 Eastern Area Con- HON. MIKE QUIGLEY Bill is best remembered for his illustrious ference Co-Chairs Sister Links Price and Wil- OF ILLINOIS coaching career. He won two national cham- son for organizing this annual meeting. The IN THE HOUSE OF REPRESENTATIVES pionships in three decades alongside Coach Eastern Area of the Links is comprised of 73 Wednesday, May 20, 2015 Dean Smith, and he was an assistant coach chapters in the states of Connecticut, Dela- on the gold medal-winning 1976 Olympic bas- ware, the District of Columbia, Maryland, Mas- Mr. QUIGLEY. Mr. Speaker, I rise today to ketball team. After Dean retired, Bill was sachusetts, New Jersey, New York, Pennsyl- remember and honor the life of an important named head coach of the Tar Heels and took vania, Rhode Island, and Virginia. and respected member of the Chicago com- Carolina to two Final Fours in three seasons. munity. All told, he played or coached in more Final As one of the nation’s oldest and largest On May 17th we lost a local legend. Mr. Fours than anyone else in NCAA history. volunteer service organizations of extraor- Maurie Berman, founder of the famous Bill was content to operate behind the dinary women, the Links are committed to en- Superdawg passed away at the age of 89. scenes, and he liked to tell the story that he riching, sustaining and ensuring the culture After serving his nation in WWII, Mr. Ber- and his wife Leesie enjoyed an anniversary and economic survival of African Americans man returned to Chicago to serve his commu- dinner in Chapel Hill the night before he took and other persons of African ancestry. With a nity. His vision was to serve delicious Chicago over for Coach Smith without being recog- membership of 12,000 professional women of style hotdogs without customers even having nized by a single student or basketball fan. color, which also includes my beautiful wife to leave their cars. In May 1948, Maurie and But anyone who knew anything about Caro- Alma Rangel and my daughter Alicia, the his wife, Flaurie, opened the first Superdawg lina basketball understood the critical contribu- Links Incorporated has established 274 chap- at the end of the streetcar line at Devon and tion that Bill made to the program, and his ters in forty-two states and in three sovereign Milwaukee Avenues in Chicago. It would be passing on May 12 has brought forth a torrent nations. one of the first drive-in restaurants of its time with Flaurie as the first car-hop. of fond memories and tributes. Throughout my public and political career, I Those tributes include an appreciation for Almost 60 years later, and countless hungry have witnessed the astonishing work and out- the remarkable role Bill and Leesie have people fed, Superdawg has become a Chi- standing community service provided by The played in the community of Chapel Hill since cago institution. The business has been Eastern Area of the Links, which has attracted their arrival in 1967. I have personally appre- passed down from generation to generation ciated their encouragement and counsel, and hundreds of distinguished individual achievers with Maurie’s great-granddaughter putting in my wife and I have admired the generosity and accomplished women of color, who con- her first shift just a few weeks ago. with which they have extended themselves to tinue to make a difference for our most vulner- Mr. Berman was known not only for serving support numerous good and visionary causes. able communities in the Eastern States of our one of the best hotdogs, but also for being a As a former UNC student, I particularly appre- Nation. Today, under the leadership of East- truly caring person. He was a loving husband, ciate their efforts to renovate and modernize ern Area Director Dianne S. Hardison, the out- father, grandfather, great-grandfather, friend the Undergraduate Library through the cre- standing programming of the Eastern Area of as well as a highly respected member of his ation of the William W. and Elise P. Guthridge the Links, Incorporated has five facets which community. Maurie never missed an oppor- Library Fund. include Services to Youth, The Arts, National tunity to help his employees in times of need. I am not alone in appreciating Bill Trends and Services, International Trends and I ask my fellow colleagues to join me in Guthridge’s contribution to our community. Ask Services, and Health and Human Services. honoring and celebrating the life and accom- anyone who knew him—and many who The Eastern Area of the Links initiated a plishments of Mr. Maurie Berman. didn’t—and you will hear about his quiet devo- Women’s Issues Program, under the Chair- f tion to the students he coached, his loyalty to manship of Dr. Marcella Maxwell that evolved IN HONOR OF THE 2014 FAIRFAX his colleagues and friends, and his commit- into a National Trends Facet Component. The COUNTY LAND CONSERVATION ment to community betterment. focus of the Women’s Issues Program for AND TREE PRESERVATION I feel very fortunate to have called Bill 2013–2015 was to honor and empower AWARDEES Guthridge a friend, and I am honored to pay Women who have served in our Nation’s tribute to his many contributions and the last- Armed Forces as they transitioned from mili- HON. GERALD E. CONNOLLY ing impact they have made on the University tary life to civilian life. The Eastern Area Links and the community. OF VIRGINIA initiated programs to mentor, educate, train, IN THE HOUSE OF REPRESENTATIVES f and employ women veterans as they Wednesday, May 20, 2015 PERSONAL EXPLANATION transitioned from Combat to Corporate. Partnering with Dress For Success, FedEx, Mr. CONNOLLY. Mr. Speaker, I rise to rec- HON. BARBARA LEE Citi Corporation, Home Depot, Macy’s, College ognize the recipients of Fairfax County 2014 and Universities; and veteran organizations Land Conservation and Tree Preservation and OF CALIFORNIA Planting Awards. Fairfax County is considered such as the 369th Veterans’ Association, New IN THE HOUSE OF REPRESENTATIVES one of the best counties in the nation in which York City Mayor’s Office of Military Affairs, Wednesday, May 20, 2015 to live, work, and raise a family. One reason Veterans of Foreign Wars, the American Le- for this designation is the innovative environ- Ms. LEE. Mr. Speaker, I was not present for gion, Temple University, Syracuse University, mental protection policies that have been im- roll call votes 240 through 242. Philadelphia Community College, Medgar plemented by the County and embraced by its Had I been present, I would have voted yes Evers College, York College, and the Borough on #240, yes on #241, and yes on #242. business partners, and I was pleased to have of Manhattan College of the City University of led that effort during my tenure as Chairman f New York, the Eastern Area of the Links Com- of the Board of Supervisors. These awards IN RECOGNITION OF 2015 EASTERN bat to Corporate program has successfully recognize the following developers, designers, AREA CONFERENCE OF THE given women veterans, many of whom are and site superintendents, who have excelled LINKS, INCORPORATED single mothers and homeless the opportunity in their stewardship of the environment: to achieve the American dream and raise their LARGE COMMERCIAL: CINDER BED ROAD BUS HON. CHARLES B. RANGEL families with dignity and resources. DIVISION Mr. Speaker, I ask that you and my es- Owner: Washington Metropolitan Area OF NEW YORK teemed colleagues of the great Eastern States Transit Authority IN THE HOUSE OF REPRESENTATIVES of our Union join me in recognition of the 2015 Project Manager: Fred Robertson Wednesday, May 20, 2015 Superintendent: Denver Callahan Eastern Area Conference of the Links, Incor- Contractor: Strittmatter Contracting, LLC Mr. RANGEL. Mr. Speaker, from April 22nd porated, which has focused its mission to sup- Engineer: Wendel through April 26th, 2015, The Eastern Area of port Women Veterans From Combat to Cor- Site Inspector: Jim Getts the Links, Incorporated hosted their 43rd East- porate and Women in the Armed Forces that LARGE SINGLE FAMILY RESIDENTIAL: GAMBRILL ern Area Conference at the elegant Foxwoods continue to serve our Country proudly and POINTE Resort and Casino in Connecticut. This year’s with distinction today. Owner: Brookfield Ridge Road, LLC

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.008 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E759 Project Manager: Scott Gookin & James T. Project: Unitarian Universalist Congrega- Mr. Speaker, the power of togetherness Devine tion of Fairfax cannot be overemphasized. Indeed, it is the Superintendent: Donnie Stewart & Billy Developer: UUCF bond shared by those of us dedicated to love Huff Engineer: Bowman Consulting Group, Ltd Contractor: William A. Hazel, Inc. Tree Preservation Consultant: Davey Re- and tolerance that will form the basis upon Engineer: Land Design Consultants, Inc. source Group which we will defeat bigotry and demagoguery Site Inspector: Keith Anthony Tree Preservation Contractor: The Care of in all of its forms. I urge my colleagues to Trees SMALL SINGLE FAMILY RESIDENTIAL: ABBOTS stand with me in this important expression of WOOD Mr. Speaker, I ask my colleagues to join me tolerance and co-existence. Owner: Palisades Development, LLC in congratulating these honorees. Fairfax f Project Manager: Mike Dropik County and its residents have benefitted Superintendent: Donnie Stewart & Billy greatly from the collaborative spirit that is rep- TRIBUTE TO SHERIFF MICHAEL Huff resented by these awards today, and I thank ‘‘MIKE’’ SCROGGINS Contractor: William A. Hazel, Inc. each of the awardees for their efforts. Engineer: Walter L. Phillips, Inc. f HON. LUKE MESSER Site Inspector: Jim Getts OF INDIANA IN SUPPORT OF THE TOM LANTOS INFILL LOT: 9022 FALLS RUN ROAD, MCLEAN IN THE HOUSE OF REPRESENTATIVES Owner: Joe & Sarah Shamess FOUNDATION FOR HUMAN Project Manager: Ross Richmond RIGHTS ANNUAL SOLIDARITY Wednesday, May 20, 2015 Superintendent: Rich Shaffer SABBATH Mr. MESSER. Mr. Speaker, I rise today to Contractor: Joy Custom Design Build, pay tribute to the life of Sheriff Michael ‘‘Mike’’ LLC. Scroggins, a devoted civil servant and long- Engineer: LS2 PC Engineering HON. ALCEE L. HASTINGS Site Inspector: Frank Degboe OF FLORIDA time political leader in Delaware County. Outstanding Engineering Firms: Wendel IN THE HOUSE OF REPRESENTATIVES Mike is a lifelong Hoosier and leaves behind (Cinder Bed Road Bus Division) Wednesday, May 20, 2015 a legacy of public service in our state. After Outstanding Superintendent: Clarke nearly 30 years as a police officer, including Newbill and Billy Huff (Gambrill Pointe) Mr. HASTINGS. Mr. Speaker, I rise today in 11 years as a Uniform Division Commander, Outstanding Contractor: Strittmatter Con- support of the Tom Lantos Foundation for he ran successfully for Delaware County Sher- tracting, LLC (Cinder Bed Road Bus Divi- Human Rights’ annual Solidarity Sabbath. iff in both 2010 and 2014. He is also a proud sion) Held on May 22, 2015, this trans-Atlantic graduate of the respected FBI National Acad- Outstanding Developer/Owner: Washington event provides a timely and unique framework Metropolitan Area Transit Authority (Cinder emy. within which leaders here in the United States He devoted his entire adult life to protecting Bed Road Bus Division) and Europe can express solidarity with the Certificate of Voluntary Merit: Jackson and bettering his community and for that he Ayers, Member of Boy Scouts of America, Jewish community at a time when acts of so- will always be remembered. Sheriff Scroggins Troop 1539, Eagle Scout Service Project cial cohesion are more urgent than ever. was a member of Whitney Lodge #229, the In- Best Protected Environmentally Sensitive The Solidarity Sabbath encourages leaders diana Sheriff’s Association, and the Mt. Olive Site: Washington Metropolitan Area Transit of all faiths, races, and backgrounds to band Community Church. He was also actively in- Authority (Cinder Bed Road Bus Division) together in support of Jewish communities volved with the Delaware County Council, Outstanding E/S Inspectors of the Year: across North America and Europe by partici- making public appearances regularly to advo- Frank Degboe (North Branch), Jorge Tagle pating in a range of Sabbath services and re- cate for his officers and his department. In his (Central Branch), Jim Getts (South Branch) lated activities. In the current geo-political cli- free time, Mike enjoyed fishing trips and Outstanding E/S Plan Reviewers of the mate, where we have seen the ugly resur- Year: Roshna Gafoor (North Branch), Jen- spending time with his family. nifer Vargas (Central Branch), Ambachew gence of anti-Semitism and Holocaust denial, Today, it is my privilege to honor the life of Nigatu (South Branch) particularly in Europe, it is imperative that we Mike Scroggins. My thoughts and prayers go unite against intolerance and baseless hatred. TREE PLANTING AWARDS: out to Mike’s family, and may God comfort I urge leaders both at home and abroad to Project: Capital One—Rt. 123 Median and those left behind with his peace and strength. participate in this important event and stand Tree Transplanting f Developer: Capital One up for tolerance, peace and co-existence. Design: William H. Gordon and Associates, When leaders of diverse backgrounds come TRIBUTE TO VICTIMS OF THE Inc. together in defense of fundamental human ARMENIAN GENOCIDE Landscaper: Ruppert Landscape, Inc. rights, all of our communities are the bene- Davis/Gilford Construction ficiaries. HON. ADAM B. SCHIFF Project: East Market at Fair Lake, Phase Indeed, this Solidarity Sabbath initiative is OF CALIFORNIA III most timely. Sadly, in the past few months we IN THE HOUSE OF REPRESENTATIVES Developer: Peterson Companies have witnessed a dramatic surge in anti-Se- Design: Lewis Scully Gionet TWS Designs, Wednesday, May 20, 2015 mitic incidents across Europe, including the Inc. Mr. SCHIFF. Mr. Speaker, I rise today to Landscaper: KT Enterprises January murders of four Jewish customers at a kosher supermarket in Paris, and the murder memorialize and record a courageous story of Project: Jennings Toyota survival of the Armenian Genocide. The Arme- Developer: Chesapeake Contracting Group of a Jewish man guarding a synagogue in Co- Design: Walter L. Phillips, Inc. penhagen in February. Painful, vivid memories nian Genocide, perpetrated by the Ottoman Landscaper: Live Green are being resurrected as Jewish communities Empire from 1915 to 1923, resulted in the Project: Newington DVS Maintenance Fa- around Europe are once again living under the death of 1.5 million Armenian men, women, cility cloud of social hostility, embarrassment and and children. As the U.S. Ambassador to the Developer: EE Reed Construction violent threats. Ottoman Empire, Henry Morgenthau docu- Design: Adtek Engineers It is imperative that we stand with the Jew- mented at the time, it was a campaign of Landscaper: Blake Landscapes ish community and demand that our European ‘‘race extermination.’’ TREE PRESERVATION AWARD RECIPIENTS: allies work diligently and without delay to con- The campaign to annihilate the Armenian Project: National Library for the Study of front and put an end to these heinous acts. people failed, as illustrated by the proud Ar- George Washington Hatred and persecution based on race or reli- menian nation and prosperous diaspora. It is Developer: Mount Vernon Ladies’ Associa- gion have no place in our world. Each and difficult if not impossible to find an Armenian tion every one of us has the responsibility to make family not touched by the genocide, and while Engineer: Rummel Klepper & Kahl our own communities safer and more tolerant. there are some survivors still with us, it is im- Tree Preservation Consultant: The Care of For this very reason, I am pleased to have perative that we record their stories. Through Trees recently introduced a bipartisan resolution with the Armenian Genocide Congressional Record Tree Preservation Contractor: Bartlett Tree Experts Representative ROBERT DOLD of Illinois to Project, I hope to document the harrowing sto- combat the rise of anti-Semitism in Europe, ries of the survivors in an effort to preserve Project: The Preserve at Scott’s Run Builder: Stanley Martin Homes which encourages our European friends to their accounts and to help educate the Mem- Engineer: Land Design Consultants counter this disturbing trend while also com- bers of Congress now and in the future of the Tree Preservation Consultant: Zimar & As- mitting the United States to abetting this effort necessity of recognizing the Armenian Geno- sociates in every way possible. cide. Below is one of those stories:

VerDate Sep 11 2014 06:41 May 21, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.012 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E760 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 FROM ARSHALOUS DARBINYAN, AN ARMENIAN world class combat health care for nearly fairs for a mutually efficient use of limited re- WOMAN, ON BEHALF OF HER FATHER, 40,000 patients, which included 4,000 admis- sources resulting in the award of the largest BABKEN VARDANI DARBINYAN, AND GRAND- sions and over 8,500 operating room proce- Fiscal Year 12 VA/DOD Joint Incentive Fund PARENTS. ARSHALOUS MARKARI DARBINYAN dures with many of these involving the most project valued at over $5M. His team also AND VARDAN SARKISI DARBINYAN difficult combat trauma cases in the world. His opened a new WTB campus, established a Arshalous Markari Darbinyan was happily success in this tremendously challenging mis- collocated Integrated Disability Evaluation Sys- married to Vardan Sarkisi Darbinyan. The Darbinyans were one of the wealthy families sion was recognized as magnificent not only tem site, and launched Embedded Behavioral of Van. They were well respected community by his chain of command but also by the U.S. Health, and Child and Family Assistance Cen- intellectual leaders. In the spring of 1915, at Ambassador, the Commander of Multinational ters. The Surgeon General recognized BG the time of deportation and forced relocation Forces-Iraq, the Commander of Multinational Doyle as a transformational leader and once Arshalous Darbinyan was an expectant Coalition-Iraq, the Iraqi Prime Minister, and again hand picked him to command the Pa- mother. Andranik Zorava (a very close friend many U.S. and Iraqi government officials. BG cific Regional Medical Command knowing that of the family) personally appointed one of Doyle served as the Deputy Commander for he possessed all the skill sets required to di- his assistants to deliver a carriage to the Administration at Walter Reed Army Medical rect and influence the right Army Medicine ca- Darbinyan residence. They left everything behind, the house and most of their belong- Center (WRAMC). During that time, Walter pabilities in support of the Army’s and DoD’s ings. In a chaotic rush they were forced to Reed was the largest military treatment facility rebalancing strategy. He was also designated even bury their gold and most of the jewelry in the Department of Defense and flagship for as Commanding General, Tripler Army Med- in their garden, and left behind the phar- Army Medicine and Home of Warrior Care. ical Center, U.S. Army Pacific Surgeon, Chief, macy they owned. The handmade carpets and During his tenure, BG Doyle’s results-oriented Medical Service Corps, and Manager for the rugs, and furniture were stuffed in the wine approach ensured the command’s success in Hawaii enhanced Multi-Service Market cellar, as they naively believed that once ev- every facet of customer service, operations, (eMSM). His overall performance and con- erything settled they would return home. personnel readiness, and adequacy of human tributions were nothing short of stellar. Unfortunately, when they were halfway and monetary capital. He oversaw the estab- Balancing five hats, he effective established there in the middle of the road the carriage connections, and strengthened and influenced flipped over. Arshalous was injured the most. lishment of a one stop welcome center to She lost her baby. Also, she received several ease the logistical burden for our Warfighters strategic partnerships with PACOM countries injuries on her face. Her husband, though in and their Family Members. His keen adminis- including Korea, Japan, Philippines and Thai- pain himself did his best to help cope with trative acumen and innovative problem solving land. His PRMC team provided unmatched the situation. They suffered emotionally and were the driving force in over $24M in facility support to USARPAC and USPACOM inter- physically, went through hardships, renovations, $4M in housekeeping service en- ests in the Asia-Pacific. His strategic leader- eyewitnessed the genocide and were lucky hancements, improved logistics customer re- ship inspired trust in the health system enough to survive. They were separated from sponse times, and the establishment of a 24/ throughout the Pacific achieving consistent pa- their siblings, and the family was scattered 7 operations cell. tient satisfaction rates of over 85 percent. In around the world. Some of them ended up in Following Walter Reed, BG Doyle was cen- addition, PRMC’s Integrative Pain Manage- Fresno, CA and the rest settled in Armenia. trally selected to command the 30th Medical ment Center ranked as the best in the Army f Command (MEDCOM) in Germany. Despite because of the close clinical collaboration with CITATION TO RECOGNIZE BRIGA- assuming command just nine days before de- multiple disciplines and an emphasis on DIER GENERAL DENNIS D. ploying to Operation Enduring Freedom, Af- weaning Soldiers off their pain medication DOYLE, DEPUTY CHIEF OF ghanistan, BG Doyle expertly led his team to drugs. PRMC was recognized as one of the STAFF, G–3/5/7, OFFICE OF THE quickly assume its critical role as the first The- most productive Regional Medical Commands SURGEON GENERAL, U.S. ARMY ater Medical Command for Afghanistan, Task exceeding patient safety standards and quality Force 30th MEDCOM. Combat seasoned, cre- measures as well as leading the way in an ex- HON. MARCY KAPTUR ative, articulate, technically and tactically pro- ternal accreditation survey and Risk Manage- OF OHIO ficient, and solution oriented, BG Doyle con- ment oversight spanning the entire PACOM sistently provided sound, balanced operational area of responsibility with facilities in Korea, IN THE HOUSE OF REPRESENTATIVES advice as the medical Task Force Commander Japan, and Hawaii. The Surgeon General per- Wednesday, May 20, 2015 and USFOR–A Surgeon. His joint service sonally selected BG Doyle to serve as her Ms. KAPTUR. Mr. Speaker, we cannot command assessed the USFOR–A medical in- Deputy Chief of Staff, G–3/5/7 based on thank our public servants enough for the job frastructure and organization and took action unequalled operational experience, strategic that they do for this country day in and day to ensure the finest care was provided for all acumen and proven leadership. His trans- out. The Federal Government simply cannot U.S., Coalition, and Afghan forces by a delib- formative excellence was deemed an impera- function properly without good leaders who erate redistribution of scarce medical re- tive during a period of significant cultural and are committed to the world and security of our sources. He directed a comprehensive anal- organizational transformation. Upon assuming Nation. ysis of health service support for Regional his role, BG Doyle was immediately faced with BG Dennis Doyle distinguished himself by Command West expansion efforts resulting in operationalizing The Surgeon General’s trans- exceptionally meritorious service and superb the development of force request that met the formation from a healthcare system to a Sys- achievements to the Office of the Surgeon regional commander’s need. BG Doyle led a tem for Health. He infused irreversible mo- General and the United States Army from 1 joint team that provided unmatched combat mentum in promoting the Performance Triad, November 2005 to 1 November 2015 while health service support across the Combined the primary mechanism to influence readiness serving in a succession of several high posi- Joint Operations Area—Afghanistan and deliv- and health by targeting Sleep, Activity and Nu- tions of great importance. His outstanding ered the highest war time survival rates up to trition behaviors for Soldiers, Family members leadership, passionate pursuit of excellence, that point in the conflict. A strategic thinker, and all 3.9 million beneficiaries. In the Total and tireless efforts greatly contributed to the BG Doyle also forged solid international rela- Army Force concept, BG Doyle has also been overall readiness of the Army, the trans- tions with ISAF medical partners and host Na- instrumental in driving toward COMPO 2 and formation of Army Medicine to a System for tion assets to ensure unity of effect and effort implementation with full support from the Chief Health and the delivery of high quality health for all medical assets in the area of responsi- of the Army Reserve and Army National care to our Armed Forces. During his tenure bility. After Europe, the Surgeon General hand Guard. The nuances of implementation in the as Commander of the 10th Combat Support selected BG Doyle to command the William Reserve Components have been fully ex- Hospital (CSH) in Fort Carson, Colorado, BG Beaumont Medical Center (WBAMC) in Fort plored to ensure that this is executable for our Doyle was hand selected to also command Bliss, Texas. During this period, he also Citizen Soldiers. Furthermore, BG Doyle’s the 43rd Area Support Group (Rear) while the served as the Deputy Commanding General operational perspective was instrumental in 4th Infantry Division deployed. He superbly (DCG)—Readiness for Western Regional ensuring the direct correlation of Army Medi- commanded both organizations ensuring the Medical Command (WRMC) and Chief of the cine command structures with supported Army Group sustained a high level of readiness in Medical Service Corps. BG Doyle quickly Corps and ASCC commanders. The decisions support of Fort Carson tenant units. He proved transformed the William Beaumont culture to currently being enacted represent the largest a staunch supporter to the installation, com- fully support the Fort Bliss transition from a organizational changes in the past few dec- munity, and all post operations supporting de- TRADOC installation to the Army’s largest and ades and will ensure that MEDCOM is a bal- ployed Fort Carson units in combat. While de- busiest FORSCOM power projection platform. anced, agile and streamlined organization pos- ployed with the 10th CSH, BG Doyle delivered He exploited partnering with the Veterans’ Af- tured to support Army Force 2025 and Beyond

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.015 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E761 concepts. In parallel with the command’s de- military personnel to a year post-military serv- 1980 was the beginning of the Carr family’s liberate, strategic initiatives, BG Doyle served ice to help give servicemembers time to get life at Spring Valley Lake and Spring Valley as the single mission command focal point on their feet financially and avoid the stress of Lake Country Club. After completion of Jim’s synchronizing and integrating TSG/CG, potentially losing their home. These financial ‘‘SVL weekender home’’ in 1980 the first 8 MEDCOM command guidance for the com- challenges still exist for many years of weekends were like ‘‘mini-vacations’’ mand despite geographic dispersion across servicememebers, particularly those of fishing, and golf with little thought as to the five continents and supporting roles to reacclimating to civilian life after serving ramifications of both national and local political COCOMs and ASCCs. This superb oper- abroad. decisions being made. ational coordination/synchronization was ac- Our nation’s military personnel are the best Decisions made in 1988 would force Jim to complished through the Army’s largest Direct in the world, willingly putting their lives on the become involved and protective of his ‘‘golf Reporting Unit, a complex, integrated Army- lines to protect our freedoms every day. The and fishing paradise’’ when it was learned wide health service system. BG Doyle’s bold, least we can do for them is to ensure they George AFB would be closed. Then in 1990 transformational leadership was the driving have a home when they leave active duty the Country Club lost more members with the force for the brilliant translation of command service. departure of the ‘‘Wild Weasel’’ Air Force intent and communication throughout the staff The gentleman from Washington, Mr. HECK, squadron from George AFB. and major subordinate commands and was af- and I are pleased to be introducing this bill Jim became concerned the Country Club fected in an extremely dynamic environment today. I encourage my colleagues to join me would not survive and had several conversa- immediately following OTSG/MEDCOM in supporting this legislation. tions with the new general manager Greg OneStaff reorganization. His passionate desire f Davis. In one of the conversations Greg Davis to lead the preeminent healthcare force in the stated his mission directed by Mr. Dedman Sr. TRIBUTE TO NORA TRAMPE world: the best led, trained and equipped for was to turn the club around or it would be sold without peer, has raised the collective skill by ClubCorp. It was at that time Jim was level and efforts of the entire headquarters. As HON. DAVID YOUNG asked to Chair the Board of Governors of the a result of tireless, direct engagement on the OF IOWA Club. part of BG Doyle, the command now functions IN THE HOUSE OF REPRESENTATIVES In late 2002 Jim became more active in the with superior efficiency in establishing core or Wednesday, May 20, 2015 Spring Valley Lake Home Owners Association functional crisis action teams and integrated when contacted by a small group of residents process action teams to respond to a wide Mr. YOUNG of Iowa. Mr. Speaker, I rise that had become aware of deficit spending by array of complex problem sets. All of Army today to recognize and congratulate Nora the Association. The only solution was to find Medicine’s System for Health efforts are Trampe upon winning the Congressional Art and elect people to the Association Board with grounded in the imperative to optimize per- Competition in the 3rd Congressional District financial/business experience and the will to formance. Every provider to patient interaction of Iowa. Nora, a senior at Roosevelt High make tough financial decisions. It took several will be viewed through the lens of improving School, is the daughter of Dr. Kate Garst of years, but with the help of many concerned the development, performance, resilience and Des Moines, Iowa. citizens the Association became financially accelerated rehabilitation of the Professional The Congressional Art Competition, ‘‘An Ar- sound and well managed. tistic Discovery,’’ is open to high school stu- Soldier Athlete. Through his efforts BG Doyle I wish Jim the best in his retirement. The dents nationwide. Since 1982, the competition has established the MEDCOM G–3/5/7 func- Eighth District of California and Spring Valley has been an opportunity for Members of Con- tion as the preeminent staff element of its kind Lake are thankful for your service. in support of the Army’s largest direct report- gress to encourage and recognize the artistic talents of their young constituents. The winner ing unit. He has ensured the success of the f MEDCOM through the essential task of syn- is selected by a panel of 16 judges, one from chronizing the efforts of the command and each county in Iowa’s 3rd District. IN HONOR OF JAMES T. POWELL communicating the mission, vision and intent Nora’s piece, ‘‘100% Awesome,’’ was of the commander. His impact on this com- named the winner out of over 75 entries. It is HON. GEORGE HOLDING mand and the Army is immeasurable. BG a unique and creative piece that symbolizes OF NORTH CAROLINA Doyle represents the very best of Army and all the things that make Iowa such a special IN THE HOUSE OF REPRESENTATIVES Nation. place. Nora’s creativity and dedication to her Brigadier General Doyle’s distinctive accom- craft is admirable. The example set by this Wednesday, May 20, 2015 plishments reflect the highest credit upon him- young woman demonstrates the rewards of harnessing one’s talents and sharing them Mr. HOLDING. Mr. Speaker, we have all self and the Department of Defense.’’ had teachers who were inspirations as well as f with the world. ‘‘100% Awesome’’ will be dis- played in the halls of the Capitol for all to ad- educators. For twenty seven years, James T. FORECLOSURE PROTECTION FOR mire and enjoy. Powell was that kind of teacher at my alma MILITARY SERVICEMEMBERS I commend Nora for her artistic talents and mater, Wake Forest University. I would like to LEGISLATION I know that my colleagues in the United States pay personal tribute to Professor Powell—who Congress will join me in congratulating her for is retiring this year. HON. STEPHEN LEE FINCHER being chosen as the winner of the Congres- I can say, from personal experience, the years a young man or woman spends at OF TENNESEE sional Art Competition in the 3rd Congres- Wake Forest shapes the rest of their lives— IN THE HOUSE OF REPRESENTATIVES sional District of Iowa. It is an honor to serve Iowans like Nora and I wish her the best of whether they’re recalling burning the midnight Wednesday, May 20, 2015 luck in her future academic and artistic en- oil, pouring over the literature of ‘‘The An- Mr. FINCHER. Mr. Speaker, as our econ- deavors. cients,’’ or watching Rodney Rogers race down the basketball court. omy continues to recover, some military f servicemembers, particularly those leaving ac- Back when I was a student, studying the tive duty, are facing financial challenges, such THANKS JIM CARR FOR YOUR ‘‘Iliad’’ and ‘‘Odyssey’’ were not the most pop- as finding new employment, among other YEARS OF SERVICE TO SPRING ular subjects on campus—but Professor Pow- things. Additionally, a slow recovering real-es- VALLEY LAKE ell always kept packed lecture halls. tate market in some areas of the country can He was not only applauded and revered by make it difficult for military members to sell HON. PAUL COOK his students and fellow professors—he was their homes or purchase new ones upon re- OF CALIFORNIA also formally recognized for his service, being ceiving new orders. IN THE HOUSE OF REPRESENTATIVES awarded the Reid-Doyle Prize for Excellence That’s why I’m introducing legislation today, in Teaching in 1996, the Award for Excellence with the gentleman from Washington, Mr. Wednesday, May 20, 2015 in Advising in 2003, and the Kulynych Family DENNY HECK, to provide a one year extension Mr. COOK. Mr. Speaker, I rise today to Omicron Delta Kappa Award for Contributions of foreclosure protection for military thank James H. Carr aka ‘‘Jim Carr’’ who is to Student Life. servicemembers leaving active duty. In 2014, being recognized for his many years of service Professor Powell was also a leader in many Congress extended the Servicemembers Civil to the Spring Valley Lake Community and the campus groups—Phi Beta Kappa, Secretary to Relief Act protection against foreclosure for Spring Valley Lake Country Club. the Faculty, the Judicial Council—where he

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.016 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E762 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 served as Chairman—the Reynolds Scholar- and work toward serious and meaningful sur- RECOGNIZING THE VOLUNTEERS ship Committee, the First-Year Seminar Com- veillance reform. OF THE SHEPHERD’S CENTER OF mittee, Divinity School Accreditation Com- OAKTON-VIENNA mittee and Dean of the College Search Com- f mittee. HON. GERALD E. CONNOLLY Mr. Speaker, like many young men and PERSONAL EXPLANATION OF VIRGINIA women who attended Wake Forest, I am hon- IN THE HOUSE OF REPRESENTATIVES ored and proud to say I studied under Pro- Wednesday, May 20, 2015 fessor James Powell. HON. STEVE COHEN Mr. CONNOLLY. Mr. Speaker, I rise to rec- f OF TENNESSEE ognize the volunteers of the Shepherd’s Cen- IN THE HOUSE OF REPRESENTATIVES H.R. 2408, THE USA FREEDOM ACT ter of Oakton-Vienna and to thank them for Wednesday, May 20, 2015 their many contributions to the Northern Vir- HON. BARBARA LEE ginia community. Organized in 1997, the Mr. COHEN. Mr. Speaker, on May 18, 2015, Shepherd’s Center of Oakton-Vienna (SCOV) OF CALIFORNIA my flight was delayed and I was unable to IN THE HOUSE OF REPRESENTATIVES is a non-profit that provides services to help vote on H.R. 91. older adults continue living independently, and Wednesday, May 20, 2015 If present, I would have vote ‘‘yea’’ on H.R. it offers programs that supply opportunities for Ms. LEE. Mr. Speaker, I rise in opposition to 91. enrichment, learning, and socialization. H.R. 2048, the USA Freedom Act. This bill Every year, approximately 200 volunteers makes important improvements to the PA- f support older residents who want to age in TRIOT Act, including to Section 2154, which is place in their homes and stay engaged in so- the underpinning of the National Security H.R. 36 cial activities. Services are available free of Agency’s (NSA) nationwide bulk collection pro- charge to anyone age 50 or older who resides gram. HON. CHRIS VAN HOLLEN in the local community. Yet a ruling last week by the Second Circuit Last year was a particularly successful year found that the bulk collection of phone records OF MARYLAND for SCOV. In 2014, drivers provided over 1100 under this section violated the law. The right IN THE HOUSE OF REPRESENTATIVES round-trip rides for medical reasons and other to privacy is a fundamental American value. errands. Volunteers made regular contact with Wednesday, May 20, 2015 And it is clear that the practice of unconstitu- individuals who may have limited interaction tional bulk data collection endangers that right. Mr. VAN HOLLEN. Mr. Speaker, I rise today and may feel isolated in their homes. ‘‘Handy Last week’s court decision underscores this— in strong opposition to H.R. 36. This bill would Helpers’’ made minor home repairs to help and makes clear that more robust surveillance ban abortions after 20 weeks without an ade- older adults keep their homes safe and livable. reforms are needed. While the USA Freedom quate exception to protect a woman’s health— The Health Team provided individual health Act is a good step forward, it does not go far a violation of Roe V. Wade—and would im- counseling, referral to community resources, enough. And I recognize the hard work of my pose unreasonable burdens on rape and in- and blood pressure readings. Volunteers also good friend and colleague, Ranking Member cest survivors. The legislation is the latest at- run programs such as Lunch n’ Life, Adven- JOHN CONYERS, JR., on this important bill. tack by House Republicans on women’s tures in Learning, trips and outings, special More than thirteen years after the passage of health, and what’s even more insulting is that events, and caregivers’ support groups. All the PATRIOT Act, Congress must do more to they brought it to the floor during Women’s told, SCOV served more than 3000 individuals balance our national security with the protec- Health Week. in 2014. For these accomplishments, SCOV was recognized as 2014 Outstanding Volun- tion of our civil liberties. H.R. 36 would deny a woman the right to an teer Caregiving Program by the National Vol- The USA Freedom Act should include more abortion even if she is experiencing serious unteer Caregiving Network. robust protections to prevent the surveillance medical complications from pregnancy, or her of individuals with no nexus to terrorism or any The services and programs offered by this physician is unable to diagnose her fetus with extraordinary organization help to ensure that specific investigation. This would ensure ade- severe and lethal anomalies until after 20 quate protections against indiscriminate sur- our seniors stay connected to the community weeks. These anomalies frequently lead to through promotion of active lifestyles, ongoing veillance from the government and ensure that fetal death before or shortly after birth. More- Section 215 cannot be used to collect Ameri- social integration, and availability of resources over, by imposing criminal penalties on physi- for older residents to use their experience, cans’ records unrelated to any specific inves- cians who provide abortion care, the bill would tigation. We should also be working for more training, and skills in significant roles in soci- eventually lead to the deterioration of the crit- ety. robust minimization procedures to ensure that ical patient-doctor relationship. information collected under Section 215 is not Mr. Speaker, I ask that my colleagues join As you know, Republicans pulled an earlier stored in databases for years. This type of me in recognizing the Shepherd Center of version of this after a clash in their caucus provision was included in a previous version of Oakton-Vienna for its work to enable older over the exception for adult rape survivors this bill and must be restored. We should also adults in our community to age in place and which would require women to report the work to limit additional authorities outside of enjoy their golden years with dignity and inde- crime to law enforcement before they could Section 215 that have been used to collect pendence. I thank the many volunteers who get an abortion. That language has been Americans’ records in bulk. We know that the generously dedicate their time and efforts to modified to require rape survivors to seek and government has used other authorities—such the welfare of our neighbors. The value of provide documentation of medical treatment or as administrative subpoena laws—to collect their contributions cannot be overstated and counseling 48 hours prior to an abortion. The Americans’ records in bulk. And finally, H.R. are deserving of our highest praise. bill also includes unfair reporting and docu- 2048 should be amended to ensure that the f mentation requirements for minors who have government does not use authorities under survived rape and incest. Without a doubt HONORING THE SERVICE OF VIR- Section 702 as a backdoor to conduct surveil- these barriers are deliberately designed to re- GINIA AIR NATIONAL GUARD lance on Americans. Section 702 allows the strict a women’s right to choose. BRIGADIER GENERAL WAYNE A. government to intercept contents of Ameri- WRIGHT cans’ electronic communications with individ- I’m pleased to see a range of organizations uals abroad—and stores them in a database— voice strong opposition to this bill including the HON. ROBERT J. WITTMAN without a warrant. Reforms to Section 702 American College of Obstetricians and Gyne- OF VIRGINIA should be included in this bill. cologists, American Nurses Association, Amer- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I applaud my colleagues for ican Public Health Association, NARAL Pro- working in bipartisan manner on this bill. Yet Choice American, Planned Parenthood Fed- Wednesday, May 20, 2015 I believe that additional reforms were needed eration of America, National Organization for Mr. WITTMAN. Mr. Speaker, I rise today to to adequately protect Americans’ fundamental Women, National Women’s Law Center, Na- recognize and thank Brigadier General Wayne right to privacy. More than 13 years after the tional Council of Jewish Women, and others. A. Wright for his 34 years of service to our na- PATRIOT Act was first passed into law, it is Mr. Speaker, I urge my colleagues to stand tion and to congratulate him on his announced time for Congress to let Section 215 expire up for women’s health and oppose this bill. retirement.

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.020 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E763 Brigadier General Wayne A. Wright retires As the parade’s line the streets all across the been an active alumnus of the University of as the Chief of Staff/Air Component Com- towns. Southern California (USC). Connie also at- mander, Virginia Air National Guard, respon- As throughout the Nation in graveyards tended the Southwestern University School of planted flags are found. sible for the command and control of 1,230 When, we as a Nation take the time to stop Law, where she received her Juris Doctor de- Virginia Air National Guard members, rep- and pause. gree, and later embarked on a respected ca- resenting five organizations. Provided to the To remember and honor all of those patriot’s reer in law in Ventura County. Governor and Adjutant General of Virginia, Air in their just cause. Connie’s dedication and outstanding vol- Guard military forces protect and defend the Because, Memorial Day represents America’s unteerism is best illustrated by her 19 years of Commonwealth, and when activated to federal very Heart so clear. service on the Ventura County Medical Re- military duty, provide those same forces to the Her very soul all in what we hold dear! source Foundation’s Board of Directors. For on no other day do we as a Nation re- President of the United States. member and grieve so here. Through her service and leadership, Connie General Wright entered the United States And shed such tears, has successfully assisted the organization in Air Force and received his commission in as above all else this ranks each year. furthering its mission of supporting the medical 1981 after graduating from the University of For all of those who now lie in soft cold needs of Ventura County’s under-served and South Carolina. He transitioned from active quiet graves. vulnerable communities. duty to the Georgia Air National Guard in Who over the decades have shown, From providing the life-saving medical 1992. General Wright has held various leader- how men and women of honor behave! equipment for premature infants to providing ship and command positions at the squadron, I’m sorry but your son Johnny’s not coming dental and vision care to children of low-in- home! group, wing and major command levels. His But for the greater good their fine lives they come households to funding breast cancer assignments involved operations and formal gave! prevention, early detection and treatment pro- training of United States Air Force and allied Because Freedom Is Not Free, grams, the Ventura County Medical Resource Command and Control personnel. He also but with only most precious lives bought and Foundation is ensuring that quality health care worked in the developmental and operational paid! services are readily available and accessible testing arena. General Wright is a Master Air A price so high and grave! to all of Ventura County’s residents. However, Battle Manager with qualifications in six Remember this, this outstanding organization could not offer and remember them this Memorial Day! ground-based Command and Control systems And give thanks to all of their families with these invaluable services if it were not for the including joint and allied systems. tears upon their faces. remarkable generosity and commitment of in- General Wright has been awarded the Le- Whose hearts on this and everyday so break dividuals such as Connie Baer. gion of Merit, Meritorious Service Medal (with in places! For these reasons, it is my sincere pleasure 2 Bronze Oak Leaf Clusters), Air Force Com- And thank all those heroes who came back to join the Ventura County Medical Resource mendation Medal (with 2 Bronze Oak Leaf from war. Foundation in recognizing Connie Baer with Clusters), Army Commendation Medal, Air Without arms and legs and PTS the more! the 2015 Trailblazer Award for her extraor- Force Achievement Medal (with 1 Bronze Oak Who the rest of their young lives must en- dure. dinary life of leadership and service to the en- Leaf Cluster), Air Force Outstanding Unit Memorial Day is our heart and soul, tire Ventura County community. Award (with 2 Bronze Oak Leaf Clusters), Air the one fine reason we have all that we be- f Force Organizational Excellence Award, Com- hold! bat Readiness Medal, National Defense Serv- Our Freedom bought and paid for with the HONORING THE LIFE OF JUDGE ice Medal (with 1 Bronze Service Star), Global blood of human gold! DAVID SILVA War on Terrorism Service Medal, Humani- The one’s who will never get that chance to tarian Service Medal, Air Force Overseas Rib- grow old! HON. FILEMON VELA Carry them in your hearts so, bon Short Tour, Air Force Overseas Ribbon and give thanks and remember what to them OF TEXAS Long Tour, Air Force Longevity Service Award you owe! IN THE HOUSE OF REPRESENTATIVES Ribbon (with 1 Silver and 1 Bronze Oak Leaf Memorial Day is but, Wednesday, May 20, 2015 Cluster), and the Air Force Training Ribbon. America’s Heart and Soul! Mr. VELA. Mr. Speaker, I rise today to Brigadier General Wright has excelled f throughout his distinguished career and I am honor the life of Judge David Silva. Born in honored to pay tribute to this Airman. I thank CONGRATULATING CORNELIA Beeville, Texas, on May 26, 1944, to Marcos Wayne’s wife, Jeanette, and their daughter, ‘‘CONNIE’’ BAER and Altagracia Silva, Judge Silva passed away Jessica and Son in-law, Jeremy along with on March 16, 2015, after losing a long battle their children, Noah and Haley as well as their HON. JULIA BROWNLEY with leukemia. son Justin and his wife Caitlin and also Kelly OF CALIFORNIA Judge Silva’s life exemplified the American and Dawson for the many years they have IN THE HOUSE OF REPRESENTATIVES Dream. He graduated from A.C. Jones High supported Wayne while he served his country. Wednesday, May 20, 2015 School in 1963, before joining the U.S. Air I wish Wayne and Jeanette Godspeed, and Force to faithfully serve his country. While in Ms. BROWNLEY of California. Mr. Speaker, the Air Force, Silva attended Boise State Col- continued happiness as they start a new chap- today I rise to recognize Cornelia ‘‘Connie’’ ter in their lives. lege in Idaho and married Yolanda Olivares. Baer, an exemplary civic servant, advocate, One year after being honorably discharged f and community leader in Ventura County. from the U.S. Air Force, Silva graduated from AMERICA’S HEART AND SOUL Connie has embodied public service through her staunch leadership and advocacy, as well Bee County College. He would go on to earn as steadfast dedication and continued commit- a Bachelor of Arts Degree in American History HON. PETE SESSIONS ment to our community. Over several dec- in 1975 and a Master of Arts Degree in Inter- OF TEXAS ades, Connie has generously given her time disciplinary Studies: History, Psychology and IN THE HOUSE OF REPRESENTATIVES and energy as a valued and highly respected Sociology from Texas A&M University in Cor- Wednesday, May 20, 2015 board member and representative for an array pus Christi, Texas. of organizations, including the Harbor Commu- Judge Silva understood how education Mr. SESSIONS. Mr. Speaker, I rise today in would forever transform his life. From 1974 remembrance and in honor of all of The Fallen nity Council, the National Women’s Political Caucus, and the League of Women Voters. until his passing, he taught at Beeville Col- and their families this Memorial Day. The Men lege, helping students realize their potential and Women who have given that last full Both locally and nationally, Connie has been a vocal advocate for equality. She was instru- through education. measure in the name of freedom. I submit this In addition to his active role in educating poem penned by Albert Carey Caswell. mental in the founding of the Stonewall Demo- crats of Ventura County. In addition, she has citizens of Beeville, he was a church pastor, On this Monday each year. played a significant role in the establishment served on the Juvenile Board to help at-risk As all across our Nation appears. youth, provided guidance to the Local Emer- Rows of flags in graveyards here. and development of the Ventura County Wom- And far across the distant shores too re- en’s Political Council, which encourages all gency Planning Committee, and helped plan vered! women to actively engage and participate in the future of Beeville. Silva’s contributions to As we take the time as a Nation so clear. the political process. his community are without equal. With memories of them in our hearts so Additionally, since earning her bachelor’s In 2004, Silva’s reputation for fairness, dedi- dear. degree in International Relations, Connie has cation, and love for his community earned him

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MY8.006 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E764 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 an appointment to the Beeville Municipal giving Meal. I have been told there were more Ms. Jenkins serves on numerous boards and Court. This moment in Silva’s life arrived after volunteers than they could possibly need for panels, including serving as the board chair of decades of dedicated effort and service to his that dinner. This simple fact is just one piece Intermedia Arts. This leadership has allowed community. He worked his way through high of evidence representing his legacy and his vi- Ms. Jenkins to create some of the Twin Cities’ school as a janitor in the same courthouse sion. Scripture tells us that God loves a cheer- most inclusive and boundary-pushing events, where he would later serve as a judge. He ful giver. It’s safe to say God loves Curtis frequently centering the voices of those at ‘‘the lived a life defined by integrity, commitment Montgomery and his parishioners—who have margins of the margins.’’ One such event, the and dedication. given so much, to so many, for so long. Queer Voices reading series, is the longest- Silva would continue to be a pillar of the Bishop Curtis Montgomery was born in running series of its kind in the country. Beeville community during his later years. He Selma, AL, which was central in the civil rights Recently, Ms. Jenkins left her position with found time to help lead community boards as struggles of the 1950s and 1960s. He was the City of Minneapolis to begin curating the he continued his passion for education. His raised to stamp out discrimination and racism. Transgender Oral History Project, part of the capacity to perform at a high level was second He built his church and developed a powerful University of Minnesota’s Jean-Nickolaus to none. message of tolerance and peace. Bishop Tretter Collection. In this role, she will travel Our community suffered a tremendous loss Montgomery served his community in the throughout the upper Midwest to document the with Judge Silva’s passing, but his legacy will steps of Dr. Martin Luther King, Jr., who he experiences of transgender people. This per- be preserved by the positive change he made admired and followed from an early age. manent record will serve as one of the na- Mr. Speaker, I had the honor of visiting in his community and through the many stu- tion’s most comprehensive catalogs of con- Selma on the 50th Anniversary of Bloody Sun- dents who had the privilege to learn from him temporary transgender life. day and had the privilege to join leaders like in the classroom. At a time when the T in LGBT is often over- Judge David Silva is survived by his be- Rep. JOHN LEWIS in commemoration of the looked, Andrea Jenkins has helped move the loved wife of 44 years, Yolanda Olivares Silva; struggle for equal rights. I am proud to have spotlight to the trans community. Her work has his daughters, Cassandra Dianne Silva (Casey walked in the hometown of Bishop Curtis sparked conversation, propagated knowledge Hawkins), and Cristianna Dawn Silva Meineke Montgomery with the knowledge that his con- and forged a path for future trans leaders. Her (Aaron Meineke); siblings, John Marks Silva, tribution to a safer and more equitable society work in our community is inestimable and I Amado Silva (Zenaida), and Grace Ramirez would not be forgotten—that his legacy was congratulate her on being selected Grand (Adolfo). He is also survived by a grand- etched with his brothers and sisters in Selma, Marshal. I am proud to call her a friend and daughter, Audria Nouvelle Diem Silva. 50 years later. ally. On this day, I remember Judge David Silva. On behalf of his congregation and the peo- May he forever rest in peace. ple of the Hilltop Neighborhood in Tacoma, WA, I stand today, proudly, to honor the life- f f time achievements of Bishop Curtis Mont- RECOGNIZING THE LIFE AND gomery of Greater Christ Temple Church in EXPRESSING SUPPORT FOR THE SERVICE OF BISHOP CURTIS E. the Congress of the United States. HELP HIRE OUR HEROES ACT MONTGOMERY f HONORING MS. ANDREA JENKINS HON. JULIA BROWNLEY HON. DEREK KILMER OF CALIFORNIA OF WASHINGTON HON. KEITH ELLISON IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA Wednesday, May 20, 2015 IN THE HOUSE OF REPRESENTATIVES Wednesday, May 20, 2015 Mr. KILMER. Mr. Speaker, I rise today to Wednesday, May 20, 2015 Ms. BROWNLEY of California. Mr. Speaker, recognize the life and service of Bishop Curtis Mr. ELLISON. Mr. Speaker, I rise today in I rise to urge the House to bring to the floor Montgomery of Tacoma, WA. Curtis epito- recognition of Andrea Jenkins, who has been my bill, the Help Hire our Heroes Act. mized the role that long-standing faith leaders chosen to serve as Grand Marshal for the My bill would renew the Vocational Rehabili- play in their community. He was a tireless ad- 2015 Twin Cities Pride parade and festival be- tation Assistance Program (VRAP) and permit vocate for the members of his congregation cause of her distinguished contributions to the additional veterans to participate in the pro- and the greater Tacoma community. citizens of Minnesota in the form of art and ac- gram. As you may know, the VRAP program Bishop Montgomery was a key leader who tivism. provides up to 12 months of re-training assist- shepherded Tacoma’s Hilltop neighborhood Ms. Jenkins has been among the Twin Cit- ance to veterans in need of employment train- through the civil rights struggles of the 1960s ies’ leading advocates for transgender equity, ing, but who are unable to participate in other and the gang and drug violence of the 1980s. especially at the intersections of race and VA programs because of their age and time His steadfast leadership and staunch belief in class. During her 12-year career as a policy since active duty service. the power of community involvement will be aide for the Minneapolis City Council, Ms. Jen- Specifically, the program provided training remembered in the revitalization of this histori- kins was central in raising the profile of assistance to unemployed veterans between cally significant neighborhood. transgender issues among Minnesota’s most the ages of 35 and 60 who are no longer eligi- His contributions to the Hilltop include the influential policymakers. Under her leadership, ble for the GI Bill. Veterans could use these establishment of Christ Temple Church in the City of Minneapolis started the benefits at community colleges and technical 1959, which later became Greater Christ Tem- Transgender Issues Work Group, a roundtable schools in occupations that the Department of ple Church in 1977. Under his leadership, dedicated to changing city ordinances to im- Labor identified as ‘‘high demand.’’ Greater Christ Temple Church has become prove the lives of transgender citizens. Local much more than a place for worship. Parish- The VRAP program started in 2012, but and national media outlets have covered her funding for this program expired in March ioners are community leaders, volunteers, and efforts—raising the profile of an often-over- advocates for the work that Curtis has es- 2014 and the VA has not been able to enroll looked segment of the population. At a time new veterans in VRAP. poused his entire life. when our nation is seeing an epidemic of vio- One of his most esteemed accomplishments lence against transgender individuals—specifi- In 2014, there were 573,000 unemployed was the realization of the Oasis of Hope Cen- cally trans women of color—Ms. Jenkins’s veterans, 55 percent of whom were age 45 ter. This faith-based community outreach cen- work is critical. and up. I simply do not understand why the ter was the culmination of Bishop Montgom- In addition to her work in the political realm, Majority has allowed this important veterans’ ery’s efforts and long-standing vision to pro- Ms. Jenkins is an award-winning poet and per- job training program to lapse. It has resulted vide a safe and stable place for the commu- formance artist. Her work has been honored in thousands of older, qualified veterans being nity to serve their neighbors. Opened in 2004, by the Jerome Foundation, Intermedia Arts, unable to access job training to help them find the Oasis of Hope Center has operated feed- The Playwrights’ Center, the Walker Art Cen- work. ing programs, a clothing bank, counseling ter, the Givens Foundation, the Loft Literary As we approach Memorial Day, Congress services, youth programs, and donation drives. Center, and countless other arts organizations. should be doing all it can to help unemployed Mr. Speaker, last year there were over 500 In 2011, she was named a Bush Fellow. veterans find work. Please bring my bill to the Hilltop community members served at the On top of crafting nuanced pieces that re- floor, so that we can renew the Veterans Re- Center’s annual Share the Harvest Thanks- flect her identity as a trans woman of color, training Assistance Program.

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K20MY8.009 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E765 LEGISLATIVE BRANCH HONORING COAST GUARD CAPTAIN Foothills; it serves this community by sup- APPROPRIATIONS ACT, 2016 SAMUEL DUKE WALKER porting American veterans at every possible opportunity. This commitment has led the SPEECH OF HON. BRADLEY BYRNE band to perform patriotic music at every Me- morial Day service conducted by the local Vet- HON. CHRIS VAN HOLLEN OF ALABAMA IN THE HOUSE OF REPRESENTATIVES erans of Foreign Wars Post 6042. OF MARYLAND Its participation in this year’s Memorial Day Wednesday, May 20, 2015 IN THE HOUSE OF REPRESENTATIVES Parade is not the first time the Grizzly Band Mr. BYRNE. Mr. Speaker, I rise today to has travelled across the country to showcase Tuesday, May 19, 2015 recognize the retirement of a great American its talent. The band’s impressive reputation af- The House in Committee of the Whole and my dear friend, Coast Guard Captain forded it the opportunity to perform in New House on the state of the Union had under Samuel Duke Walker. York City for the 92nd Annual Veterans Day consideration the bill (H.R. 2250) making ap- Captain Walker has served as Commander Parade. propriations for the Legislative Branch for of Coast Guard Sector Mobile since July of During this school year alone, the Grizzly the fiscal year ending September 30, 2016, and 2013. Before coming to Southwest Alabama, Band has received first-place recognition for for other purposes: he served as Chief of Response for the Eighth its performance at four separate events. It is Mr. VAN HOLLEN. Mr. Chair, I rise in reluc- Coast Guard District, where he also served as no wonder the Grizzlies are so beloved in the tant support of H.R. 2250, a bill to fund the the Federal On-Scene Coordinator for the foothills—their talents have won a total of thir- operations of the U.S. House of Representa- Deepwater Horizon Spill of National Signifi- ty-seven first-place awards in the last decade. tives for 2016 and for other purposes. cance Response. Furthermore, the band was the recipient of In these times of needed fiscal discipline, Captain Walker graduated from the U.S. the GRAMMY Foundation’s Signature Schools everyone must do their part. We are bound by Coast Guard Officer Candidate School in Enterprise Award. This growing list of accom- funding caps and, though the president has 1987. He is a graduate of Rhode Island Col- plishments is evidence of the hard work and put forward a blueprint to address sequestra- lege with a degree in Electronic Design, and dedication of these young men and women. he also holds a Master of Business Adminis- tion, the Republican leadership has chosen to Mr. Speaker, I am very pleased to welcome tration degree from the University of South disregard the plan. As a result, appropriators the Mariposa County High School Grizzly Alabama’s South of Business. have produced a bill that makes deep cuts to Band to Washington, DC, and I look forward During his time with the Coast Guard, Cap- agencies and programs that support the legis- to hearing of both their future accomplish- tain Walker has earned many accolades. Cap- lative branch when compared to the presi- ments and their support of our local veteran tain Walker was promoted to the rank of Cap- dent’s request. community. tain on July 1, 2008, and he served as Presi- H.R. 2250 provides a total of $3.341 billion dent of the Class of 2009 at the National War for vital House and House affiliated functions College. His decorations include the Legion of f as well as for greater Congressional oper- Merit, Bronze Star, Meritorious Service Medal, ations. This is a reduction from the president’s IN RECOGNITION OF THE 2014–15 Coast Guard Commendation Medal, Coast request of $200 million. Within the total avail- DUBUQUE FIGHTING SAINTS Guard Achievement Medal, and Combat Ac- able funding, $492.2 million is provided for the SEASON tion Ribbon. Architect of the Capitol which oversees main- Captain Walker has been a leader in the tenance and repairs of House and Senate of- Coast Guard, but he has also been a leader HON. ROD BLUM fice buildings in addition to many other impor- in the local community. Captain Walker has OF IOWA tant buildings in the Congressional complex. called Mobile home for much of his life, and Excluding Senate items, this is an $84 million IN THE HOUSE OF REPRESENTATIVES he is a 2001 graduate and Class President of reduction in funding for maintenance of the Leadership Mobile. During a recent boating Wednesday, May 20, 2015 Capitol Visitor Center, the Capitol Grounds, tragedy in Mobile Bay, Captain Walker acted the Library of Congress and the U.S. Botanical Mr. BLUM. Mr. Speaker, today I want to as a steady leader and reassuring voice to Garden. $591.4 million is provided in the bill to congratulate the Dubuque Fighting Saints of members of the community. It is safe to say fund Library of Congress (LOC) operations. In the United States Hockey League (USHL) on that Captain Walker has truly become a mem- addition to being the repository of the nation’s their successful 2014–2015 season. ber of the Southwest Alabama community. print and recorded media, the LOC serves as The Fighting Saints, led by head coach and Mr. Speaker, I want to thank Captain Walk- the research arm of Congress, helping to in- general manager Matt Shaw, finished the reg- er, his wife, and their three children for their form the legislative debate on Capitol Hill. This ular season 36–19–5, resulting in 3rd place in dedicated service to the United States Coast bill cuts its funding by $33 million below the the Eastern Conference and earning them a Guard, the Gulf Coast, and the entire nation. president’s request. The bill also reduces berth in the playoffs. Goalie Jacob Nehama So on behalf of the people of Alabama’s funding for the Government Accountability Of- posted the second lowest GAA in the USHL First Congressional District, I want to wish fice (GAO). The GAO functions as the ‘‘con- for the season at 2.31 and forward Brett Boe- Captain Walker all the best in his retirement. gressional watchdog’’ by investigating how ing completed the season in the top 10 in the We will miss his service to the Coast Guard, federal agencies spend American taxpayer league for goals scored with 28 for the year. but I am happy to know Captain Walker will dollars. This bill funds GAO at $522 million, The Fighting Saints won the ‘‘Cowbell Cup,’’ continue to call Mobile home. which is $31 million less than the president’s winning the head to head matchups among request. H.R. 2250 does increase funding for f the three teams in eastern Iowa, finishing one the Capitol Police when compared to enacted RECOGNIZING THE MARIPOSA game ahead of the Waterloo Blackhawks and funding levels, but the increase is actually a COUNTY HIGH SCHOOL GRIZZLY two games ahead of the Cedar Rapids Rough- $10 million cut when compared to the presi- BAND FOR ITS ACHIEVEMENTS Riders. dent’s request. AND COMMITMENT TO VET- The impact of the team extends outside the I believe spending taxpayer dollars carefully ERANS arena and into the greater Dubuque commu- should always be a priority of Congress, and nity. Through the ‘‘Live Like a Saint’’ initiative seeking ways to reduce government spending HON. TOM McCLINTOCK with Two by Two Character Development, the Saints visit local schools and teach empathy, should also be a priority. There are funding re- OF CALIFORNIA kindness, respect, responsibility, teamwork, ductions in the bill that I support, including the IN THE HOUSE OF REPRESENTATIVES pay freeze for Members of Congress. But the and the importance of physical education to American people expect us to make wise cuts. Wednesday, May 20, 2015 young people. They don’t want us cutting for the sake of cut- Mr. McCLINTOCK. Mr. Speaker, it is my I would like to extend my sincerest con- ting—especially when vital services may be honor to rise in recognition of the Mariposa gratulations to the 2014–15 Dubuque Fighting impacted. The president’s budget contained a County High School Grizzly Band, which will Saints on their successful season and thank strategy to address sequestration that would be performing in the upcoming National Me- them for their charity work in the Dubuque have made many of these cuts unnecessary. morial Day Parade. community. I regret that my Republican colleagues chose The Mariposa Grizzly Band brings much I look forward to cheering them on next year to ignore it. pride to a small rural community in the Sierra to a championship.

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.024 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E766 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 CELEBRATING 65 YEARS OF Born on June 24, 1915, Mr. Joe grew up in ognized by college staff members and com- EXCEPTIONAL MEDICAL CARE Thomastown, South Carolina, a small town in munity members as a relationship builder in- Lee County. As an African American in the side and outside of the college community, a HON. PETE OLSON Jim Crow South, he had to walk five miles legacy she is proud to share. OF TEXAS each way to a school that was only open Dr. Lee was named one of the ‘‘Most Pow- IN THE HOUSE OF REPRESENTATIVES seven months of the year, while the white erful and Influential Women of Illinois’’ by the schools remained in session for nine. He per- National Diversity Council in 2012. In March Wednesday, May 20, 2015 severed to work his way through Morris Col- 2011, Holy Family Medical Center honored her Mr. OLSON. Mr. Speaker, I rise today to lege, from which he graduated in 1940. Mr. with its second annual C.A.R.E.S. Award for thank OakBend Medical Center for providing Joe has been dedicated to his alma mater exemplifying Resurrection Health Care’s Core quality healthcare for Fort Bend County for 65 ever since, donating 83 acres of land to the Values: compassion, accountability, respect, years. college in 2013. excellence and service. OakBend Medical Center is the largest full Mr. Joe began his teaching career in Lee Dr. Lee has contributed to multiple edu- service healthcare facility in Fort Bend County. County immediately after college. But after just cational events across the world, including in As Fort Bend County continues to grow, med- one year in the classroom, he put his teaching China, Netherlands, Thailand, and Spain. She ical centers like this provide easy access to career on hold to serve in the United States was part of a diplomatic delegation to India professional care. With the traffic congestion Army. He was in basic training when Pearl where she traveled with Under Secretary of we experience as our region continues to Harbor was bombed and rose to the rank of State for Public Diplomacy and Public Affairs grow, easy access to critical care is essential. Master Sergeant, working at regimental head- Karen Hughes and five other college and Uni- On behalf of the Twenty-Second Congres- quarters. Although Mr. Joe’s six years in the versity presidents to build bridges to American sional District of Texas, thank you again to Army took him away from his students, he put higher education through meetings with gov- OakBend Medical Center for 65 years of serv- his teaching skills to good use, teaching some ernment, university, and business leaders. In ice to the Fort Bend community. We look for- of his fellow soldiers how to read, write, and addition, Dr. Lee is the author of several ward to many more years of exceptional med- sign their names so that they could collect monographs on global education in community ical care. their paychecks. colleges and the critical role of language f In 1954, seven years after Mr. Joe returned learning in developing cultural competence. FOSTER YOUTH SHADOW DAY to the classroom, the United States Supreme Dr. Lee holds a doctorate and a master’s Court issued its Brown v. Board of Education degree in English language and literature from decision outlawing segregation in public the University of Chicago, where she was a HON. DAVID G. REICHERT schools. Inspired by this decision, Mr. Joe re- Ford Foundation Fellow in the Humanities and OF WASHINGTON turned to school himself, earning his master’s a Woodrow Wilson Dissertation Scholar in IN THE HOUSE OF REPRESENTATIVES degree from South Carolina State College in Women’s Studies. At the age of 17, she spent Wednesday, May 20, 2015 1956. He returned to the Lee County school 8 years as a nun, a perspective and experi- Mr. REICHERT. Mr. Speaker, I rise to talk system in 1957 as principal of the newly built ence that she brought to her role as a college a little bit about foster care. As many of my Mount Pleasant High School in Elliott, where administrator. She has always taught with colleagues are aware, today is Foster Youth he served until his retirement in 1977. compassion and enthusiasm throughout her Shadow Day and this morning I had the pleas- Mr. Joe’s community involvement has con- career to help those most in need. Dr. Lee is ure of meeting with Dawna—a foster youth tinued in the decades since his retirement. In known to go above and beyond to improve the who spent 7 years in the foster care system 1980, he was elected to a term in the South quality of life in the community and she has of my home state of Washington. Carolina House of Representatives, serving touched the lives of many people through her Fortunately for Dawna, she was adopted from 1981 to 1983. He is an active member of commitment to providing innovative edu- when aged out of care. But for many foster St. Mark’s Baptist Church in Bishopville where cational programs at the college. kids this is not the case. In 2013, over 23,000 he has held various leadership roles and In January, the Margaret Burke Lee Science kids aged out without finding a forever family. spearheaded numerous committees and and Health Careers Center opened on Oakton And, even the kids that do find their forever projects. Community College’s Des Plaines campus. It families are often mistreated and even abused Mr. Speaker, I ask that you and my col- is home to Oakton’s anatomy and physiology, while in the system. Dawna was overpre- leagues join me in wishing Mr. Joe a very biology, chemistry, earth science, medical lab- scribed psychotropic medications and forced happy 100th birthday. It is a remarkable mile- oratory technology, nursing, physics, and unnecessarily into an adolescent psychiatric stone befitting a remarkable man. I wish him physical therapy assistant programs. Dr. Lee’s hospital. Her story is not the only one like it. good health and Godspeed. legacy will continue at Oakton not only When I was Chairman of the Human Re- f through this new facility, but through the fabric sources Subcommittee of the Ways and of Oakton Community College. After she an- HONORING DR. MARGARET ‘‘PEG’’ nounced her retirement, dozens of posts were Means Committee we held a hearing on this BURKE LEE very issue and heard many other similar sto- made on Facebook demonstrating how much ries. This is a tragedy and it is unacceptable. she is loved by the people she mentored over We can do more to help our youth in foster HON. JANICE D. SCHAKOWSKY the past 30 years. care, they are our responsibility and we can- OF ILLINOIS I want to sincerely congratulate Dr. Lee for not let them down. I will continue to fight to IN THE HOUSE OF REPRESENTATIVES everything she has accomplished at Oakton provide youth in the foster system the best Wednesday, May 20, 2015 Community College and for the people of the possible care, and to help them find forever 9th Congressional District of Illinois. Your leg- Ms. SCHAKOWSKY. Mr. Speaker, I rise families, and I urge the rest of this Congress acy will live on and will never be forgotten. today to recognize Dr. Margaret ‘‘Peg’’ Burke to do the same. May you enjoy this new chapter in your life in- Lee for her distinct service to the people of the f cluding additional time you can spend with 9th Congressional District of Illinois and your nine children and 14 grandchildren. TRIBUTE TO ISAAC JOE Oakton Community College. Dr. Lee will be re- f tiring in June of this year, and I would like to HON. JAMES E. CLYBURN congratulate her on 30 years of commitment REMEMBERING AND HONORING MARINE SERGEANT WARD MARK OF SOUTH CAROLINA to our community. Since Dr. Lee became vice president of JOHNSON IV IN THE HOUSE OF REPRESENTATIVES academic affairs at Oakton Community Col- Wednesday, May 20, 2015 lege in 1985, her achievements have captured HON. JOHN L. MICA Mr. CLYBURN. Mr. Speaker, I rise today to national recognition for the College while serv- OF FLORIDA pay tribute to Mr. Isaac C. Joe on the occa- ing 450,000 residents in 16 municipalities—in- IN THE HOUSE OF REPRESENTATIVES sion of his upcoming 100th birthday. As a sol- cluding a salute by The New York Times rec- dier, educator, and civic leader, Mr. Joe has ognizing Oakton as one of the top 10 commu- Wednesday, May 20, 2015 devoted his life to public service, and I join nity colleges in the nation. Dr. Lee’s commit- Mr. MICA. Mr. Speaker, I rise today to many in his community in wishing him a happy ment and contributions to education and honor Marine Sergeant Ward Mark Johnson birthday. Oakton are immeasurable. She has been rec- IV, a fallen hero who died while on a mission

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.026 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 20, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E767 of mercy in Nepal on May 12, 2015. Sgt. Ward Hundreds of successful children, teenagers, strike up a conversation with. So I would spent time growing up in Central Florida and young adults throughout Kansas have never have been surprised to hear that some- where today our community remembers his called Mrs. Worth their teacher over the thing had happened and he wasn’t coming service to our nation. years—and are better people because of it. home. But I expected him to be taken from us Sgt. Johnson enlisted in the Marine Corps Congratulations on your retirement, Mrs. by an earthquake in Indonesia, an avalanche on March 23, 2009 after earning two degrees Worth and thank you for everything you have in the Alps, or perhaps a revolution in one of from Seminole State College of Florida. As- done for Kansans. the ‘Stans, not by something so mundane as signed to the Marine Light Attack Helicopter Your impact on our district and state is im- a car crash. It just doesn’t seem right. Squadron (HMLA) 69, Johnson served dili- measurable. Gary truly changed the face of politics in gently in Afghanistan with the 31st Marine Ex- f Nevada: he elected candidates at every gov- peditionary Unit prior to being deployed to ernmental level; he proudly pushed a progres- Nepal as a crew chief in charge of maintaining IN RECOGNITION OF MAY AS sive agenda; and he professionalized the cam- the helicopter. As a testament to his out- NATIONAL HAMBURGER MONTH paign business. He was a civic activist, a pillar standing performance, Johnson has been of the community, and a citizen of the world. awarded the Navy and Marine Corps Achieve- HON. ROD BLUM He leaves a void that cannot be filled. ment Medal, the Air Medal with Strike/Flight OF IOWA Bon voyage, mon ami. Numeral 5, the Marine Corps Good Conduct IN THE HOUSE OF REPRESENTATIVES f Medal and the Afghanistan Campaign Medal. Wednesday, May 20, 2015 Sgt. Ward Mark Johnson IV will always be TRANSPORTATION AND remembered for the honor and courage with Mr. BLUM. Mr. Speaker, with summer ap- INFRASTRUCTURE FUNDING which he fulfilled his duties, and for the love proaching, many Iowans are firing up their and joy he gave his family and friends. This barbecues. While hotdogs, bratwursts, and HON. BRENDA L. LAWRENCE was his third deployment around the world pork chops are all traditional family favorites, OF MICHIGAN and he never wavered in his commitment to I rise today in special recognition of the ham- IN THE HOUSE OF REPRESENTATIVES his family, the Corps and his country. As you burger—a delicious staple of grilling season. Wednesday, May 20, 2015 know, Mr. Speaker, our military deployed on a May is National Hamburger Month which humanitarian mission to earthquake-ravaged warrants special recognition in Iowa. Iowa’s Mrs. LAWRENCE. Mr. Speaker, both sides Nepal, and Sgt. Johnson answered that call. beef products are considered some of the best of the aisle recognize the importance of our With him were five other Marines who per- in the world, supplying several well-known transportation network to remain globally com- ished. We mourn their loss and extend our steakhouses around the U.S., including here petitive and to keep our roads, railways, and sympathy to their families. in D.C. bridges safe. We all know that long-term Sgt. Johnson was a patriot in every sense According to the Iowa Beef Industry Council, projects are more cost effective and provide of the word and is remembered by a loving Iowa is home to over 26,000 cattle operations, good-paying jobs. family and countless friends. He is survived by with ranches in all 20 counties in my district. In Michigan’s 14th District, we know the re- his wife Haley; their two young children, Na- Furthermore, the cattle industry in Iowa sup- ality of driving on crumbling bridges and than and Noah; and his parents, Mark and ports over 15,000 jobs and injects over $6 bil- roads. The Federal Highway Administration Shirley Johnson who reside in Florida’s 7th lion into the economy. Additionally, the cattle says nearly 30 percent of our state’s bridges Congressional District. industry supports corn growers in Iowa by are structurally deficient or functionally obso- Mr. Speaker, I ask you and my colleagues using corn as a feed source, consuming over lete. What else needs to go wrong before we to join me in remembering and honoring Ma- 148 million bushels of corn every year. do what is right? We must have a long-term rine Sergeant Ward Mark Johnson IV. We ex- Iowa’s ranchers and packers play important funding plan in place before this latest 60-day tend the condolences of this Congress and the roles in making sure consumers have safe patch job ends. American people, who he served gallantly, and nutritious ground beef for our burgers. We have passed 32 short-term extensions epitomizing the very best of our nation. For great hamburger recipes, cooking tips, in the past six years. This lack of long-term f and beef safety information, I encourage all planning wastes money and resources. More my constituents to visit www.iabeef.org. importantly, it has cost lives. Lives that could RECOGNIZING BROOKWOOD have been saved or spared serious injury had ELEMENTARY’S NANCY f we all taken this issue seriously. I do not want BONNEAU WORTH TITUS REMEMBERS GARY GRAY to attend one more funeral for the victim of a transportation disaster knowing that Congress HON. KEVIN YODER HON. DINA TITUS failed to act on this problem. OF KANSAS OF NEVADA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, May 20, 2015 HONORING RABBI HERMAN AND Wednesday, May 20, 2015 LOTTE SCHAALMAN Mr. YODER. Mr. Speaker, I rise today to Ms. TITUS. Mr. Speaker, Nevada lost a very recognize the career of one of the most dedi- good man when Gary Gray was killed recently cated teachers of the Third Congressional Dis- HON. JANICE D. SCHAKOWSKY in an automobile accident coming down from trict in Kansas. OF ILLINOIS Nancy Bonneau Worth is shutting the doors his beloved Mt. Charleston. IN THE HOUSE OF REPRESENTATIVES Gary has been one of my best friends since to her Brookwood Elementary classroom for Wednesday, May 20, 2015 summer break for the last time next week. he took a master’s class from me at UNLV in She’s ending a thirty year career as an edu- 1977. And Tom and I have enjoyed many deli- Ms. SCHAKOWSKY. Mr. Speaker, I rise cator, twenty of them at Brookwood. cious dinners and lively conversations about today to honor and celebrate Rabbi Herman It began at Norman Rockwell Elementary politics and travel with Gary and his wife Chris and Lotte Schaalman, an internationally-re- School in her home state of Nebraska. Giunchigliani over the years. nowned and beloved couple, on their 99th and She then moved to Great Bend, Kansas, It is impossible to think of Gary in the past 100th birthdays. Rabbi Schaalman celebrated where she worked for a short period at Barton tense because he was larger than life. Who his 99th birthday on April 28, 2015 and Lotte County Community College before else would serve mountain oysters at a fancy Schaalman celebrated her 100th birthday on transitioning to a special education teacher in dress party? Who else could turn an inexperi- January 13, 2015. the Great Bend School District. enced group of freshman assemblymen (Jim Rabbi Schaalman was the Senior Rabbi at Her Masters in Speech Pathology brought Spinello, Matt Callister, Gene Porter, and Emanuel Congregation in Edgewater, in my her to the Third District to teach at the Kansas Wendall Williams) into a political force the district, for 32 years, and is in his 28th year as School for the Deaf before moving on to Nall likes of which has not been seen since in Ne- Rabbi Emeritus. The Schaalmans will be hon- Hills Elementary, and eventually Brookwood. vada politics? And who else would be brave ored at a special event on May 31, 2015 at In fact, she integrated sign language into enough to take on the indomitable Chris G? Emanuel Congregation, which is establishing her teaching even after she left KSD by teach- Life was always an adventure for Gary. No the Rabbi Herman and Lotte Schaalman Fund, ing her students to sign the Pledge of Alle- place was too dangerous to visit, no food too to assure that their remarkable legacy of serv- giance every morning before school. strange to eat, no person too threatening to ice will continue.

VerDate Sep 11 2014 06:23 May 21, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.030 E20MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E768 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2015 Rabbi Herman and Lotte Schaalman have For decades, Margaret has devoted her MEETINGS SCHEDULED devoted their life for the good of their fellow time to advancing conservative principles as a JUNE 4 Jews and for humanity. Rabbi Schaalman fled member of the Tuolumne County Republican 10 a.m. Nazi Germany in 1935. He became known as Central Committee, the Tuolumne County Re- Committee on Energy and Natural Re- one of America’s foremost leaders in Amer- publican Women Federated, and the California sources ican Reform Judaism, serving as Rabbinical Federated Republican Women’s Central Divi- To hold hearings to examine S. 454, to leader and President of the Reform Rabbis sion. amend the Department of Energy High- Association. Lotte Schaalman has exemplified Margaret served multiple terms as President End Computing Revitalization Act of the heart of Congregation Emanuel. Together of the Tuolumne County Republican Women 2004 to improve the high-end com- the Schaalmans are the epitome of a thriving Federated. She has also held a variety of po- puting research and development pro- and wonderful life partnership. sitions within the organization, and tirelessly gram of the Department of Energy, S. After his retirement as Senior Rabbi at supports Republican candidates and values. 784, to direct the Secretary of Energy Emanuel Congregation, Rabbi Schaalman In addition to her past contributions, Mar- to establish microlabs to improve re- garet currently serves as the 1st Vice Presi- gional engagement with national lab- continued his active involvement in many edu- oratories, S. 1033, to amend the Depart- cational, civic and religious organizations. He dent of the Tuolumne County Republican ment of Energy Organization Act to re- has participated in education programs at Women Federated, the 2nd Vice President of place the current requirement for a bi- many institutions, including at Barat College, the California Federated Republican Women’s ennial energy policy plan with a Quad- DePaul University, North Park Seminary, Gar- Central Division, and the Treasurer of the rennial Energy Review, S. 1054, to im- rett Evangelical Theological Seminary and Tuolumne County Republican Central Com- prove the productivity and energy effi- Northwestern University. He served three mittee. She does all of this while simulta- ciency of the manufacturing sector by terms on the Board of Directors of the Jewish neously presiding as Chair of the Tuolumne directing the Secretary of Energy, in Federation of Metropolitan Chicago, was Chamber of Commerce’s Governmental Affairs coordination with the National Acad- President of both the Chicago Board of Rabbis Committee. emies and other appropriate Federal and the Chicago Association of Reform Rab- With all of these roles, it is clear that Mar- agencies, to develop a national smart bis, and was a member of the National Jewish garet is a fundamental pillar in the local com- manufacturing plan and to provide as- munity. On a personal level, Margaret is well- sistance to small-and medium-sized Communal Affairs Committee. He was Presi- manufacturers in implementing smart respected and known for her high moral char- dent of the Jewish Council of Urban Affairs manufacturing programs, S. 1068, to and served in leadership roles on the Council acter. She’s regularly involved in events, but amend the Federal Power Act to pro- of Religious Leaders of Metropolitan Chicago more than that, she is the first to volunteer in tect the bulk-power system from cyber and the Edgewater Association of Clergy and support of her state, and her community. security threats, S. 1181, to expand the Rabbis. Margaret balances her lifetime commitment Advanced Technology Vehicle Manu- Rabbi Schaalman also served as a member to the Republican Party with her lifetime com- facturing Program to include commer- of the Education Committee of the National mitment to her family. Perhaps the only re- cial trucks and United States flagged Holocaust Memorial in Washington, DC. As sponsibility she places above her dedication to vessels, to return unspent funds and part of his commitment to interreligious under- Tuolumne is her role as a widowed mother. loan proceeds to the United States standing and the promotion of a peaceful Margaret gives her free time to Republican ef- Treasury to reduce the national debt, world, he has been a Trustee on the Board of forts, but her primary focus remains caring for S. 1187, to improve management of the National Laboratories, enhance tech- the Millennium Institute and a member of the her adult daughter, who is suffering from ef- nology commercialization, facilitate Executive Committee of the Council for the fects of a severe stroke. Mr. Speaker, Margaret Davis does not just public-private partnerships, S. 1216, to Parliament of World Religions. amend the Natural Gas Act to modify a Rabbi Schaalman’s list of distinguished stand for conservative values; she lives by provision relating to civil penalties, S. awards and honors is many pages long. His them. Tuolumne County Republicans consider 1218, to establish an interagency co- awards include the Julius Rosenwald Memo- Margaret Davis a remarkable example. Cali- ordination committee or subcommittee rial Award from the Jewish Federation of Chi- fornia will continue to benefit from her efforts with the leadership of the Department cago, the Order of First Class Merit from Ger- for years to come, and I rise to express my of Energy and the Department of the many, the Order of Lincoln Award from the profound gratitude for her tremendous service. Interior, focused on the nexus between Lincoln Academy of Illinois, the Interfaith Gold f energy and water production, use, and efficiency, S. 1221, to amend the Fed- Medallion from the International Council of SENATE COMMITTEE MEETINGS Christians and Jews, being elected to the Hall eral Power Act to require periodic re- of Fame for the Jewish Community Centers, Title IV of Senate Resolution 4, ports on electricity reliability and reli- agreed to by the Senate of February 4, ability impact statements for rules af- and having a park on Sheridan Road in Chi- fecting the reliable operation of the cago named ‘‘The Herman and Lotte 1977, calls for establishment of a sys- tem for a computerized schedule of all bulk-power system, S. 1223, to amend Schaalman Park’’ in their honor. the Energy Policy Act of 2005 to im- Rabbi Herman and Lotte Schaalman are a meetings and hearings of Senate com- mittees, subcommittees, joint commit- prove the loan guarantee program for remarkable couple and I am proud to honor innovative technologies, S. 1229, to re- them today. tees, and committees of conference. quire the Secretary of Energy to sub- This title requires all such committees f mit a plan to implement recommenda- to notify the Office of the Senate Daily tions to improve interactions between HONORING MARGARET DAVIS FOR Digest—designated by the Rules Com- the Department of Energy and Na- HER SERVICE TO THE REPUB- mittee—of the time, place and purpose tional Laboratories, S. 1230, to direct LICAN PARTY AND HER DEDICA- of the meetings, when scheduled and the Secretary of the Interior to estab- TION TO TUOLUMNE COUNTY any cancellations or changes in the lish a program under which the Direc- meetings as they occur. tor of the Bureau of Land Management HON. TOM McCLINTOCK As an additional procedure along shall enter into memoranda of under- with the computerization of this infor- standing with States providing for OF CALIFORNIA State oversight of oil and gas produc- IN THE HOUSE OF REPRESENTATIVES mation, the Office of the Senate Daily Digest will prepare this information for tions activities, and S. 1241, to provide for the modernization, security, and re- Wednesday, May 20, 2015 printing in the Extensions of Remarks siliency of the electric grid, to require Mr. MCCLINTOCK. Mr. Speaker, I rise to section of the CONGRESSIONAL RECORD the Secretary of Energy to carry out honor Margaret Davis for her many years of on Monday and Wednesday of each programs for research, development, service to the Tuolumne County Republican week. demonstration, and information-shar- Party, and for her unwavering efforts in sup- Meetings scheduled for Thursday, ing for cybersecurity for the energy port of Republican ideals across California and May 21, 2015 may be found in the Daily sector. our nation. Digest of today’s RECORD. SD–366

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VerDate Sep 11 2014 06:32 May 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY5.REC D20MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D580 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2015 S. 1331, to help enhance commerce through im- with an amendment in the nature of a substitute; proved seasonal forecasts, with an amendment in the and nature of a substitute; The nominations of Daniel R. Elliott III, of Ohio, S. 1297, to update the Commercial Space Launch to be a Member of the Surface Transportation Board, Act by amending title 51, United States Code, to Mario Cordero, of California, to be a Federal Mari- promote competitiveness of the U.S. commercial time Commissioner, and a routine list in the Coast space sector, with an amendment in the nature of a Guard. substitute; IMPROVEMENTS AND INNOVATIONS IN S. 1326, to amend certain maritime programs of FISHERY MANAGEMENT AND DATA the Department of Transportation, with an amend- COLLECTION ment in the nature of a substitute; Committee on Commerce, Science, and Transportation: Sub- S. 1040, to direct the Consumer Product Safety committee on Oceans, Atmosphere, Fisheries, and Commission and the National Academy of Sciences Coast Guard concluded a hearing to examine im- to study the vehicle handling requirements proposed provements and innovations in fishery management by the Commission for recreational off-highway vehi- and data collection, after receiving testimony from cles and to prohibit the adoption of any such re- Kathryn D. Sullivan, Under Secretary of Commerce quirements until the completion of the study, with for Oceans and Atmosphere, and Administrator, Na- an amendment in the nature of a substitute; tional Oceanic and Atmospheric Administration; S. 1359, to allow manufacturers to meet warranty Robert Beal, Atlantic States Marine Fisheries Com- and labeling requirements for consumer products by mission, Arlington, Virginia; Brett Fitzgerald, Snook displaying the terms of warranties on Internet and Game Fish Foundation, Lake Worth, Florida; websites; and Steven A. Murawski, University of South Flor- S. 806, to amend section 31306 of title 49, ida, St. Petersburg. United States Code, to recognize hair as an alter- native specimen for preemployment and random con- OVERSIGHT OF EPA SCIENTIFIC ADVISORY trolled substances testing of commercial motor vehi- PANELS AND PROCESSES cle drivers and for other purposes, with an amend- Committee on Environment and Public Works: Sub- ment in the nature of a substitute; committee on Superfund, Waste Management, and S. 1315, to protect the right of law-abiding citi- Regulatory Oversight concluded an oversight hearing zens to transport knives interstate, notwithstanding an oversight hearing to examine scientific advisory a patchwork of local and State prohibitions; panels and processes at the Environmental Protection S. 1334, to strengthen enforcement mechanisms to Agency, including S. 543, to amend the Environ- stop illegal, unreported, and unregulated fishing, to mental Research, Development, and Demonstration amend the Tuna Conventions Act of 1950 to imple- Authorization Act of 1978 to provide for Scientific ment the Antigua Convention, with an amendment Advisory Board member qualifications, public par- in the nature of a substitute; ticipation, after receiving testimony from J. Alfredo S. 1335, to implement the Convention on the Go´mez, Director, Natural Resources and Environ- Conservation and Management of the High Seas ment, Government Accountability Office; Scott Fisheries Resources in the North Pacific Ocean, as Faber, Environmental Working Group, and Terry F. adopted at Tokyo on February 24, 2012; Yosie, World Environment Center, both of Wash- S. 1251, to implement the Amendment to the ington, D.C.; Ted Hadzi-Antich, Pacific Legal Foun- Convention on Future Multilateral Cooperation in dation, Sacramento, California; and Roger O. the Northwest Atlantic Fisheries, as adopted by Lis- McClellan, Albuquerque, New Mexico. bon, Portugal on September 28, 2007; U.S.-CUBAN RELATIONS S. 1336, to implement the Convention on the Committee on Foreign Relations: Committee concluded Conservation and Management of the High Seas a hearing to examine United States-Cuban relations, Fishery Resources in the South Pacific Ocean, as focusing on the way forward, after receiving testi- adopted at Auckland on November 14, 2009; mony from Roberta S. Jacobson, Assistant Secretary, H.R. 1020, to define STEM education to include Bureau of Western Hemisphere Affairs, and Thomas computer science, and to support existing STEM A. Shannon, Counselor, both of the Department of education programs at the National Science Founda- State. tion; H.R. 710, to require the Secretary of Homeland NOMINATIONS Security to prepare a comprehensive security assess- Committee on Foreign Relations: Committee concluded ment of the transportation security card program, a hearing to examine the nominations of Gregory T.

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Delawie, of Virginia, to be Ambassador to the Re- THE RAPE KIT BACKLOG AND HUMAN public of Kosovo, Ian C. Kelly, of Illinois, to be RIGHTS Ambassador to Georgia, Nancy Bikoff Pettit, of Vir- Committee on the Judiciary: Subcommittee on the Con- ginia, to be Ambassador to the Republic of Latvia, stitution concluded a hearing to examine taking sex- Azita Raji, of California, to be Ambassador to the ual assault seriously, focusing on the rape kit back- Kingdom of Sweden, and Julieta Valls Noyes, of log and human rights, after receiving testimony from Virginia, to be Ambassador to the Republic of Cro- Illinois Attorney General Lisa Madigan, Chicago; atia, all of the Department of State. Skylor D. Hearn, Texas Department of Public Safety Assistant Director, Austin; Debbie Smith, Hope Ex- 21ST CENTURY IDEAS FOR THE 20TH ists After Rape Trauma, Williamsburg, Virginia; CENTURY FEDERAL CIVIL SERVICE Scott Berkowitz, Rape, Abuse and Incest National Committee on Homeland Security and Governmental Af- Network, Washington, D.C.; and Sarah Haacke fairs: Subcommittee on Regulatory Affairs and Fed- Byrd, Joyful Heart Foundation, New York, New eral Management concluded a hearing to examine York. 21st century ideas for the 20th century Federal civil PROPOSED ENVIRONMENTAL service, after receiving testimony from Yvonne D. REGULATION’S IMPACTS ON AMERICA’S Jones, Director, Strategic Issues, Government Ac- SMALL BUSINESSES countability Office; Patricia J. Niehaus, Federal Committee on Small Business and Entrepreneurship: On Managers Association, Alexandria, Virginia; and Dan Tuesday, May 19, 2015, Committee concluded a G. Blair, National Academy of Public Administra- hearing to examine proposed environmental regula- tion, and J. David Cox, Sr., American Federation of tion’s impacts on America’s small businesses, includ- Government Employees, both of Washington, D.C. ing an original bill entitled, ‘‘Small Business Regu- latory Flexibility Improvements Act of 2015’’, after HIGHER EDUCATION ACT receiving testimony from Charles Maresca, Director Committee on Health, Education, Labor, and Pensions: of Interagency Affairs, Office of Advocacy, Small Committee concluded a hearing to examine reauthor- Business Administration; Darcy Maulsby, Dougherty izing the Higher Education Act, focusing on explor- Farm, Lake City, Iowa; Randy Noel, Reve Inc., La- ing institutional risk-sharing, after receiving testi- place, Louisiana, on behalf of the National Associa- mony from Senator Reed; Andrew P. Kelly, Amer- tion of Home Builders; Elizabeth Milito, National ican Enterprise Institute Center on Higher Education Federation of Independent Business Small Business Reform, and Jennifer C. Wang, Young Invincibles, Legal Center, Washington, D.C.; and Benjamin H. both of Washington, D.C.; Robert S. Silberman, Bulis, American Fly Fishing Trade Association, Strayer Education, Inc., Herndon, Virginia; and Bozeman, Montana. Douglas A. Webber, Temple University, Philadel- SOLUTIONS TO THE HOSPITAL phia, Pennsylvania. OBSERVATION STAY CRISIS INDIAN WATER RIGHTS SETTLEMENTS Special Committee on Aging: Committee concluded a hearing to examine solutions to the hospital observa- OVERSIGHT tion stay crisis, after receiving testimony from Sean Committee on Indian Affairs: Committee concluded an Cavanaugh, Deputy Administrator and Director, oversight hearing to examine addressing the needs of Center for Medicare, Centers for Medicare and Med- Native communities through Indian Water Rights icaid Services, Department of Health and Human Settlements, after receiving testimony from Michael Services; Mark E. Miller, Executive Director, Medi- L. Connor, Deputy Secretary of the Interior; Montana care Payment Advisory Commission; Jyotirmaya Assistant Attorney General Jay Weiner, Helena; Nanda, SSM Health, St. Louis, Missouri, on behalf Mark Macarro, Pechanga Band of Luisen˜o Indians, of the American Hospital Association; Spencer Temecula, California; and Steven C. Moore, Native Young, HealthDataInsights, Las Vegas, Nevada; and American Rights Fund, Boulder, Colorado. Tori Gaetani, Beacon Health, Brewer, Maine.

VerDate Sep 11 2014 06:32 May 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY5.REC D20MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D582 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2015 House of Representatives scientific discovery, and development to improve the Chamber Action competitiveness of the United States, by a recorded Public Bills and Resolutions Introduced: 26 pub- vote of 217 ayes to 205 noes, Roll No. 258. lic bills, H.R. 2461–2486; and 4 resolutions, H.J. Pages H3419–90 Res. 55; H. Con. Res. 47–48; and H. Res. 279 were Pursuant to the Rule, in lieu of the amendment introduced. Pages H3505–06 in the nature of a substitute recommended by the Additional Cosponsors: Pages H3507–08 Committee on Science, Space, and Technology now printed in the bill, the amendment in the nature of Reports Filed: There were no reports filed today. a substitute consisting of the text of Rules Com- Speaker: Read a letter from the Speaker wherein he mittee Print 114–15 shall be considered as read. appointed Representative Carter (GA) to act as Pages H3425–26 Speaker pro tempore for today. Page H3393 Agreed to: Recess: The House recessed at 10:41 a.m. and re- Smith (TX) amendment (No. 1 printed in part A convened at 12 noon. Page H3398 of H. Rept. 114–120) that makes technical correc- Guest Chaplain: The prayer was offered by the tions; Pages H3445–46 Guest Chaplain, Minister Michael Greene, Lehman Jackson Lee amendment (No. 3 printed in part A Avenue Church of Christ, Bowling Green, Kentucky. of H. Rept. 114–120) that creates state and regional Page H3398 workshops to train K–12 teachers in science and technology project-based learning to provide instruc- Unanimous Consent Agreement: Agreed by unan- tion in initiating robotics and other STEM competi- imous consent that the question of adopting a mo- tion team development programs; leverages the col- tion to recommit on H.R. 880 may be subject to laboration among higher education, businesses, and postponement as though under clause 8 of rule 20. local private as well as public education agencies to Page H3411 support STEM efforts at schools located in areas with American Research and Competitiveness Act of 1 percent or more above the national unemployment 2015: The House passed H.R. 880, to amend the rate; Pages H3447–49 Internal Revenue Code of 1986 to simplify and Esty amendment (No. 4 printed in part A of H. make permanent the research credit, by a yea-and- Rept. 114–120) that instructs NSF’s I-Corps to sup- nay vote of 274 yeas to 145 nays, Roll No. 260. port and invest in female entrepreneurs; Pages H3410–19, H3490–91 Pages H3449–50 Rejected the Neal motion to recommit the bill to Crowley amendment (No. 5 printed in part A of the Committee on Ways and Means with instruc- H. Rept. 114–120) that requires the National tions to report the same back to the House forthwith Science Foundation to establish a STEM grant pro- with an amendment, by a yea-and-nay vote of 181 gram for Hispanic-serving institutions as authorized yeas to 240 nays, Roll No. 259. in the America COMPETES Act of 2007; Pages H3418–19, H3490–91 Pages H3450–51 Pursuant to the Rule, the amendment in the na- Kelly (PA) amendment (No. 7 printed in part A ture of a substitute recommended by the Committee of H. Rept. 114–120) that increases the authorized on Ways and Means now printed in the bill, modi- funding for the Manufacturing Extension Partnership fied by the amendment printed in part B of H. by $5,000,000, while decreasing the authorized Rept. 114–127, shall be considered as adopted. funding level for the Office of Energy Efficiency and Page H3410 Renewable Energy by $5,000,000; Pages H3452–54 H. Res. 273, the rule providing for consideration Grayson amendment (No. 9 printed in part A of of the bills (H.R. 2262) and (H.R. 880), was agreed H. Rept. 114–120) that authorizes the Energy Inno- to by a recorded vote of 240 ayes to 185 noes, Roll vation Hubs Program within the Department of En- No. 251, after the previous question was ordered by ergy; Pages H3455–56 a yea-and-nay vote of 241 yeas to 183 nays, Roll Griffith amendment (No. 6 printed in part A of No. 250. Pages H3403–10 H. Rept. 114–120) that provides for the Speaker of America COMPETES Reauthorization Act of the House and Senate Majority Leader to appoint 2015: The House passed H.R. 1806, to provide for members to congressionally created advisory boards technological innovation through the prioritization (by a recorded vote of 234 ayes to 183 noes, Roll of Federal investment in basic research, fundamental No. 253); Pages H3451–52, H3486

VerDate Sep 11 2014 06:32 May 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY5.REC D20MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST May 20, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D583 Rejected: Commission on Care—Appointment: The Chair Eddie Bernice Johnson (TX) amendment (No. 2 announced the Speaker’s appointment of the fol- printed in part A of H. Rept. 114–120) that sought lowing individuals on the part of the House to the to strike section 106 of the underlying bill (by a re- Commission on Care: Mr. David P. Blom of Colum- corded vote of 177 ayes to 243 noes, Roll No. 252); bus, Ohio; Mr. Darin Selnick of Oceanside, Cali- Pages H3446–47, H3485–86 fornia; and Dr. Roby Cosgrove of Cleveland, Ohio. Lowenthal amendment (No. 8 printed in part A Page H3501 of H. Rept. 114–120) that sought to eliminate addi- Mexico-United States Interparliamentary tional DOE reporting requirements and restrictions Group—Appointment: The Chair announced the on sound scientific processes to independently verify Speaker’s appointment of the following Members on scientific results (by a recorded vote of 187 ayes to the part of the House to the Mexico-United States 236 noes, Roll No. 254); Pages H3454–55, H3486–87 Interparliamentary Group: Representatives Linda T. Bonamici amendment (No. 10 printed in part A Sa´nchez (CA), Gene Green (TX), Polis, Jackson Lee, of H. Rept. 114–120) that sought to allow the De- and Torres. Page H3501 partment of Energy to continue partnering with the Recess: The House recessed at 9:20 p.m. and recon- Department of Defense to produce biofuels for the vened at 10 p.m. Page H3504 military (by a recorded vote of 208 ayes to 215 noes, Correcting the enrollment of S. 178: Agreed to H. Roll No. 255); Pages H3456–58, H3487–88 Beyer amendment (No. 11 printed in part A of Con. Res. 47, to correct the enrollment of S. 178. H. Rept. 114–120) that sought to remove ‘‘reduc- Page H3504 tions of energy-related emissions, including green- Quorum Calls—Votes: Three yea-and-nay votes house gases’’ from goals of ARPA–E (by a recorded and eight recorded votes developed during the pro- vote of 190 ayes to 232 noes, Roll No. 256); and ceedings of today and appear on pages H3408–09, Pages H3458–59, H3488 H3409–10, H3485–86, H3486, H3486–87, Eddie Bernice Johnson (TX) amendment in the H3487–88, H3488, H3488–89, H3489–90, nature of a substitute (No. 12 printed in part A of H3490–91, H3491. There were no quorum calls. H. Rept. 114–120) that sought to provide for sus- Adjournment: The House met at 10 a.m. and ad- tained growth and policies across the scientific agen- journed at 10:01 p.m. cies that keep with the goals of the original Com- petes legislation (by a recorded vote of 179 ayes to Committee Meetings 239 noes, Roll No. 257). Pages H3459–85, H3488–89 MISCELLANEOUS MEASURES H. Res. 271, the rule providing for consideration of the bills (H.R. 1806), (H.R. 2250), and (H.R. Committee on Agriculture: Full Committee held a 2353), was agreed to yesterday, May 19th. markup on H.R. 2393, to amend the Agricultural Marketing Act of 1946 to repeal country of origin Strengthening Fishing Communities and Increas- labeling requirements with respect to beef, pork, and ing Flexibility in Fisheries Management Act— chicken, and for other purposes; and H.R. 2394, the Rule for Consideration: The House considered H. ‘‘National Forest Foundation Reauthorization Act of Res. 274, the rule providing for consideration of the 2015’’. H.R. 2393 and H.R. 2394 were ordered re- bill (H.R. 1335) to amend the Magnuson-Stevens ported, as amended. Fishery Conservation and Management Act to pro- vide flexibility for fishery managers and stability for PAST, PRESENT, AND FUTURE OF SNAP: fishermen. Consideration is expected to resume to- THE WORLD OF NUTRITION, morrow, May 21st. Pages H3491–96 GOVERNMENT DUPLICATION AND UNMET NEEDS Meeting Hour: Agreed by unanimous consent that when the House adjourns today, it adjourn to meet Committee on Agriculture: Subcommittee on Nutrition at 10 a.m. tomorrow, May 21. Page H3501 held a hearing entitled ‘‘Past, Present, and Future of SNAP: The World of Nutrition, Government Dupli- Board of Trustees of the Institute of American cation and Unmet Needs’’. Testimony was heard Indian and Alaska Native Culture and Arts De- from Kay Brown, Director, Education, Workforce, velopment—Reappointment: The Chair announced and Income Security, Government Accountability the Speaker’s reappointment of the following Mem- Office; and public witnesses. ber on the part of the House to the Board of Trust- ees of the Institute of American Indian and Alaska MISCELLANEOUS MEASURE Native Culture and Arts Development: Representa- Committee on Appropriations: Subcommittee on Defense tive Ben Ray Luja´n (NM). Page H3501 held a markup on Defense Appropriations Bill, FY

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2016. The Defense Appropriations Bill, FY 2016 nications Act of 1934 to require the Federal Com- was forwarded to the full committee, without munications Commission to publish on its Internet amendment. This markup was closed. website changes to the rules of the Commission not MISCELLANEOUS MEASURE later than 24 hours after adoption; a bill to amend the Communications Act of 1934 to require identi- Committee on Appropriations: Full Committee held a fication and description on the website of the Federal markup on Commerce, Justice, and Science Appro- Communications Commission of items to be decided priations Bill for FY 2016. The Commerce, Justice, on authority delegated by the Commission; a bill to and Science Appropriations Bill for FY 2016 was or- direct the Federal Communications Commission to dered reported, as amended. submit to Congress a report on improving the par- REFORMING THE WORKERS’ ticipation of small businesses in the proceedings of COMPENSATION PROGRAM FOR FEDERAL the Commission; and a bill to amend the Commu- EMPLOYEES nications Act of 1934 to provide for publication on Committee on Education and the Workforce: Sub- the Internet website of the Federal Communications committee on Workforce Protections held a hearing Commission of certain policies and procedures estab- entitled ‘‘Reforming the Workers’ Compensation lished by the chairman of the Commission. The fol- Program for Federal Employees’’. Testimony was lowing bills were forwarded to the full committee, heard from Scott Dahl, Inspector General, Depart- as amended: a bill to amend the Communications ment of Labor; Leonard Howie III, Director, Office Act of 1934 to require the Federal Communications of Workers’ Compensation Programs, Department of Commission to publish on the website of the Com- Labor; Andrew Sherrill, Director of Education, mission documents to be voted on by the Commis- Workforce, and Income Security, Government Ac- sion; and a bill to amend the Communications Act countability Office; a public witness. of 1934 to provide for a quarterly report on pending MISCELLANEOUS MEASURES requests for action by the Federal Communications Commission and pending congressional investiga- Committee on Energy and Commerce: Subcommittee on tions of the Commission. Communications and Technology held a markup on a discussion draft of the ‘‘FCC Process Reform Act MISCELLANEOUS MEASURES of 2015’’; a bill to amend the Communications Act of 1934 to require the Federal Communications Committee on Financial Services: Full Committee held Commission to publish on its Internet website a markup on H.R. 432, the ‘‘SBIC Advisers Relief changes to the rules of the Commission not later Act of 2015’’; H.R. 686, the ‘‘Small Business Merg- than 24 hours after adoption; a bill to amend the ers, Acquisitions, Sales, and Brokerage Simplification Communications Act of 1934 to require the Federal Act of 2015’’; H.R. 1334, the ‘‘Holding Company Communications Commission to publish on the Registration Threshold Equalization Act of 2015’’; website of the Commission documents to be voted H.R. 1525, the ‘‘Disclosure Modernization and Sim- on by the Commission; a bill to amend the Commu- plification Act of 2015’’; H.R. 1675, the ‘‘Encour- nications Act of 1934 to require identification and aging Employee Ownership Act of 2015’’; H.R. description on the website of the Federal Commu- 1723, the ‘‘Small Company Simple Registration Act nications Commission of items to be decided on au- of 2015’’; H.R. 1847, the ‘‘Swap Data Repository thority delegated by the Commission; a bill to direct and Clearinghouse Indemnification Correction Act of the Federal Communications Commission to submit 2015’’; H.R. 1965, the ‘‘Small Company Disclosure to Congress a report on improving the participation Simplification Act’’; H.R. 1975, the ‘‘Securities and of small businesses in the proceedings of the Com- Exchange Commission Overpayment Credit Act’’; mission; a bill to amend the Communications Act of H.R. 2064, the ‘‘Improving Access to Capital for 1934 to provide for a quarterly report on pending Emerging Growth Companies Act’’; H.R. 2354, the requests for action by the Federal Communications ‘‘Streamlining Excessive and Costly Regulations Re- Commission and pending congressional investiga- view Act’’; H.R. 2356, the ‘‘Fair Access to Invest- tions of the Commission; and a bill to amend the ment Research Act of 2015’’; H.R. 2357, the ‘‘Ac- Communications Act of 1934 to provide for publica- celerating Access to Capital Act of 2015’’; and a res- tion on the Internet website of the Federal Commu- olution to name a new Republican Member of the nications Commission of certain policies and proce- Committee to subcommittees. The following bills dures established by the chairman of the Commis- were ordered reported, without amendment: H.R. sion. The following bills were forwarded to the full 432, H.R. 686, H.R. 1334, H.R. 1525, H.R. 1675, committee, without amendment: the ‘‘FCC Process H.R. 1723, H.R. 1847, H.R. 1965, H.R. 1975, Reform Act of 2015’’; a bill to amend the Commu- H.R. 2064, H.R. 2354, H.R. 2356, and H.R. 2357.

VerDate Sep 11 2014 06:32 May 21, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY5.REC D20MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST May 20, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D585 The resolution to name a new Republican Member Homeland Security Headquarters Consolidation Ac- of the Committee to subcommittees was adopted. countability Act of 2015’’; H.R. 1646, the ‘‘Home- EGYPT TWO YEARS AFTER MORSI: PART I land Security Drone Assessment and Analysis Act’’; H.R. 1738, the ‘‘Integrated Public Alert and Warn- Committee on Foreign Affairs: Subcommittee on the ing System Modernization Act of 2015’’; H.R. 2200, Middle East and North Africa held a hearing enti- the ‘‘CBRN Intelligence and Information Sharing tled ‘‘Egypt Two Years After Morsi: Part I’’. Testi- Act of 2015’’; H.R. 2206, the ‘‘SWIC Enhancement mony was heard from public witnesses. Act’’; and H.R. 2390, the ‘‘Homeland Security Uni- MISCELLANEOUS MEASURES; EVEREST versity-based Centers Review Act’’. The following TREMBLED: LESSONS LEARNED FROM THE bills were ordered reported, as amended: H.R. 1300, NEPAL EARTHQUAKE RESPONSE H.R. 1615, H.R. 1626, H.R. 1633, H.R. 1640, Committee on Foreign Affairs: Subcommittee on Asia H.R. 1646, H.R. 1738, H.R. 2200, and H.R. 2206. and the Pacific held a markup on H.R. 1853, to di- The following bills were ordered reported, without rect the President to develop a strategy to obtain ob- amendment: H.R. 2390 and H.R. 1637. server status for Taiwan in the International Crimi- UNITED STATES CAPITOL POLICE nal Police Organization, and for other purposes; and Committee on House Administration: H. Res. 235, expressing deepest condolences to and Full Committee solidarity with the people of Nepal following the held a hearing on the United States Capitol Police. devastating earthquake on April 25, 2015; and a Testimony was heard from Kim Dine, Chief, Capitol hearing entitled ‘‘Everest Trembled: Lessons Learned Police. from the Nepal Earthquake Response’’. H.R. 1853 LEGISLATIVE MEASURE was forwarded to the full committee, without Committee on Natural Resources: amendment. H. Res. 235 was forwarded to the full Subcommittee on Fed- committee, as amended. Testimony was heard from eral Lands; and Subcommittee on Water, Power and Nisha Desai Biswal, Assistant Secretary, Bureau of Oceans, held a joint hearing on a discussion draft of South and Central Asian Affairs, Department of a bill to protect and enhance opportunities for rec- State; Jonathan Stivers, Assistant Administrator, Bu- reational hunting, fishing, and shooting, and for reau for Asia, U.S. Agency for International Develop- other purposes. Testimony was heard from Steve ment; Thomas H. Staal, Acting Assistant Adminis- Ellis, Deputy Director for Operations, Bureau of trator, Bureau for Democracy, Conflict and Humani- Land Management, Department of the Interior; Les- tarian Assistance, U.S. Agency for International De- lie Weldon, Deputy Chief, National Forest System, velopment; and Anne A. Witkowsky, Deputy Assist- U.S. Forest Service, Department of Agriculture; and ant Secretary of Defense, Stability and Humanitarian public witnesses. Affairs, Department of Defense. LEGISLATIVE MEASURE DEVELOPMENTS IN RWANDA Committee on Natural Resources: Subcommittee on En- Committee on Foreign Affairs: Subcommittee on Africa, ergy and Mineral Resources held a hearing on a dis- Global Health, Global Human Rights, and Inter- cussion draft titled the ‘‘National Energy Security national Organizations held a hearing entitled ‘‘De- Corridors Act’’. Testimony was heard from Linwood velopments in Rwanda’’. Testimony was heard from Parker, Mayor, Town of Four Oaks, Four Oaks, Robert P. Jackson, Principal Deputy Assistant Sec- North Carolina; Tim Spisak, Senior Advisor for Min- retary, Bureau of African Affairs, Department of erals and Realty Management, Bureau of Land Man- State; Steven Feldstein, Deputy Assistant Secretary of agement, Department of the Interior; and public State, Bureau of Democracy, Human Rights, and witnesses. Labor, Department of State; and public witnesses. ELECTRICITY RELIABILITY AND FOREST MISCELLANEOUS MEASURES PROTECTION ACT Committee on Homeland Security: Full Committee held Committee on Natural Resources: Subcommittee on a markup on H.R. 1300, the ‘‘First Responder An- Water, Power and Oceans held a hearing on the thrax Preparedness Act’’; H.R. 1615, the ‘‘DHS ‘‘Electricity Reliability and Forest Protection Act’’. FOIA Efficiency Act of 2015’’; H.R. 1626, the Testimony was heard from Karen E. Mouritsen, ‘‘DHS IT Duplication Reduction Act of 2015’’; H.R. Deputy Assistant Director, Energy, Minerals, and 1633, the ‘‘DHS Paid Administrative Leave Ac- Realty Management, Bureau of Land Management, countability Act of 2015’’; H.R. 1637, the ‘‘Feder- Department of Interior; Greg Smith, Director of ally Funded Research and Development Sunshine Lands, U.S. Forest Service, Department of Agri- Act of 2015’’; H.R. 1640, the ‘‘Department of culture; and public witnesses.

VerDate Sep 11 2014 06:32 May 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY5.REC D20MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D586 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2015 STATE PERSPECTIVES ON THE STATUS OF COOPERATING AGENCIES FOR THE OFFICE Joint Meetings OF SURFACE MINING’S STREAM PROTECTION RULE LEGISLATIVE PRESENTATIONS Committee on Natural Resources: Subcommittee on Committee on Veterans’ Affairs: Committee concluded a Oversight and Investigations held a hearing entitled joint hearing with the House Committee on Vet- ‘‘State Perspectives on the Status of Cooperating erans’ Affairs to examine the legislative presentation Agencies for the Office of Surface Mining’s Stream of multiple veterans service organizations, after re- Protection Rule’’. Testimony was heard from Randall ceiving testimony from Al Kovach, Paralyzed Vet- Johnson, Director, Alabama Surface Mining Com- erans of America, Larry E. Via, AMVETS, and J. mission; Gregory F. Baker, Reclamation Program Patrick Little, Military Order of the Purple Heart, Manager, Virginia Department of Mines, Minerals all of Washington, D.C.; Colonel Robert F. Norton, and Energy; Russell M. Hunter, Counsel, Division of USA (Ret.), Military Officers Association of Amer- Mining and Reclamation, West Virginia Department ica, and Glenn Minney, Blinded Veterans Associa- of Environmental Protection; and a public witness. tion, both of Alexandria, Virginia; John Rowan, Vietnam Veterans of America, and Paul Rieckhoff, ADVANCING COMMERCIAL WEATHER Iraq and Afghanistan Veterans of America, both of DATA: COLLABORATIVE EFFORTS TO New York, New York; and Gene Overstreet, Non IMPROVE FORECASTS Commissioned Officers Association of the United Committee on Science, Space, and Technology: Sub- States of America, Seguin, Texas. committee on Environment held a hearing entitled f ‘‘Advancing Commercial Weather Data: Collabo- rative Efforts to Improve Forecasts’’. Testimony was NEW PUBLIC LAWS heard from public witnesses. (For last listing of Public Laws, see DAILY DIGEST, p. D575) H.R. 2252, to clarify the effective date of certain ACROSS TOWN, ACROSS OCEANS: provisions of the Border Patrol Agent Pay Reform EXPANDING THE ROLE OF SMALL Act of 2014. Signed on May 19, 2015. (Public Law BUSINESS IN GLOBAL COMMERCE 114–13) Committee on Small Business: Full Committee held a f hearing entitled ‘‘Across Town, Across Oceans: Ex- panding the Role of Small Business in Global Com- COMMITTEE MEETINGS FOR THURSDAY, merce’’. Testimony was heard from public witnesses. MAY 21, 2015 MISCELLANEOUS MEASURES (Committee meetings are open unless otherwise indicated) Committee on Transportation and Infrastructure: Full Senate Committee held a markup on H.R. 2322, the ‘‘Pub- lic Buildings Reform and Savings Act of 2015’’; Committee on Agriculture, Nutrition, and Forestry: business H.R. 2131, to designate the Federal building and meeting to consider pending legislation, and the nomina- United States courthouse located at 83 Meeting tion of Jeffrey Michael Prieto, of California, to be General Street in Charleston, South Carolina, as the ‘‘J. Counsel of the Department of Agriculture, 9:45 a.m., SR–328A. Waties Waring Judicial Center’’; and two General Committee on Appropriations: business meeting to con- Services Administration resolutions. H.R. 2322 was sider the fiscal year 2016 302(b) allocations, an original ordered reported, as amended. H.R. 2131 was or- bill entitled, ‘‘Energy and Water Development Appro- dered reported, without amendment. The General priations Act, 2016’’, and an original bill entitled, ‘‘Mili- Services Administration resolutions were approved. tary Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016’’, 11 a.m., SH–216. EXAMINING THE USE OF Committee on Armed Services: to hold hearings to examine ADMINISTRATIVE ACTIONS IN THE United States policy in Iraq and Syria, 9:30 a.m., IMPLEMENTATION OF THE AFFORDABLE SD–G50. CARE ACT Committee on Banking, Housing, and Urban Affairs: busi- ness meeting to markup an original bill entitled, ‘‘The Committee on Ways and Means: Subcommittee on Financial Regulatory Improvement Act of 2015’’, 10 Oversight held a hearing entitled ‘‘Examining the a.m., SD–538. Use of Administrative Actions in the Implementa- Committee on Energy and Natural Resources: Subcommittee tion of the Affordable Care Act’’. Testimony was on Public Lands, Forests, and Mining, to hold hearings heard from public witnesses. to examine S. 160, and H.R. 373, to direct the Secretary

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of the Interior and the Secretary of Agriculture to expe- Committee on the Judiciary: business meeting to consider dite access to certain Federal land under the administra- pending calendar business, Time to be announced, S–216, tive jurisdiction of each Secretary for good Samaritan Capitol. search-and-recovery missions, S. 365, to improve range- Select Committee on Intelligence: to receive a closed brief- land conditions and restore grazing levels within the ing on certain intelligence matters, 2:30 p.m., SH–219. Grand Staircase-Escalante National Monument, Utah, S. 472, to promote conservation, improve public land, and House provide for sensible development in Douglas County, Ne- vada, S. 583, to establish certain wilderness areas in cen- Committee on Energy and Commerce, Full Committee, tral Idaho and to authorize various land conveyances in- markup on H.R. 6, the ‘‘21st Century Cures Act’’ (con- volving National Forest System land and Bureau of Land tinued), 8:30 a.m., 2123 Rayburn. Management land in central Idaho, S. 814, to provide for Subcommittee on Oversight and Investigations, hearing the conveyance of certain Federal land in the State of Or- entitled ‘‘What are the State Governments Doing to egon to the Confederated Tribes of Coos, Lower Umpqua, Combat the Opioid Abuse Epidemic?’’, 10:15 a.m., 2322 and Siuslaw Indians, S. 815, to provide for the convey- Rayburn. ance of certain Federal land in the State of Oregon to the Committee on Financial Services, Task Force to Investigate Cow Creek Band of Umpqua Tribe of Indians, and S. Terrorism Financing, hearing entitled ‘‘A Dangerous 1240, to designate the Cerro del Yuta and Rio San Anto- Nexus: Terrorism, Crime, and Corruption’’, 10 a.m., nio Wilderness Areas in the State of New Mexico, 2:30 2128 Rayburn. p.m., SD–366. Committee on Foreign Affairs, Full Committee, markup Committee on Foreign Relations: business meeting to con- on H.R. 1853, to direct the President to develop a strat- sider S. 802, to authorize the Secretary of State and the egy to obtain observer status for Taiwan in the Inter- Administrator of the United States Agency for Inter- national Criminal Police Organization, and for other pur- national Development to provide assistance to support the poses; H.R. 2100, the ‘‘Girls Count Act of 2015’’; H.R. rights of women and girls in developing countries, S. 2323, the ‘‘United States International Communications Res. 87, to express the sense of the Senate regarding the Reform Act of 2015’’; H. Res. 213, condemning the rise of anti-Semitism in Europe and to encourage greater April 2015 terrorist attack at the Garissa University Col- cooperation with the European governments, the Euro- pean Union, and the Organization for Security and Co- lege in Garissa, Kenya, and reaffirming the United States operation in Europe in preventing and responding to support for the people and Government of Kenya, and for anti-Semitism, the nominations of Charles C. Adams, Jr., other purposes; and H. Res. 235, expressing deepest con- of Maryland, to be Ambassador to the Republic of Fin- dolences to and solidarity with the people of Nepal fol- land, Cassandra Q. Butts, of the District of Columbia, to lowing the devastating earthquake on April 25, 2015, 10 be Ambassador to the Commonwealth of The Bahamas, a.m., 2172 Rayburn. Paul A. Folmsbee, of Oklahoma, to be Ambassador to the Committee on Oversight and Government Reform, Sub- Republic of Mali, Stafford Fitzgerald Haney, of New Jer- committee on Government Operations, hearing entitled sey, to be Ambassador to the Republic of Costa Rica, ‘‘Issues Facing Civilian and Postal Service Vehicle Fleet Mary Catherine Phee, of Illinois, to be Ambassador to the Procurement’’, 10 a.m., 2154 Rayburn. Republic of South Sudan, and Gentry O. Smith, of North Committee on Veterans’ Affairs, Full Committee, markup Carolina, to be Director of the Office of Foreign Missions, on H.R. 475, the ‘‘GI Bill Processing Improvement Act and to have the rank of Ambassador during his tenure of of 2015’’; H.R. 571, the ‘‘Veterans Affairs Retaliation service, all of the Department of State, Matthew T. Prevention Act of 2015’’; H.R. 675, the ‘‘Veterans’ Com- McGuire, of the District of Columbia, to be United pensation Cost-of-Living Adjustment Act of 2015’’; H.R. States Executive Director of the International Bank for 1575, to amend title 38, United States Code, to make Reconstruction and Development for a term of two years, permanent the pilot program on counseling in retreat set- and routine lists in the Foreign Service, 9:15 a.m., tings for women veterans newly separated from service in SD–419. the Armed Forces; H.R. 1607, the ‘‘Ruth Moore Act of Committee on Homeland Security and Governmental Affairs: 2015’’; and H.R. 2256, the ‘‘Veterans Information Mod- to hold hearings to examine understanding America’s ernization Act’’, 10:30 a.m., 334 Cannon. long-term fiscal picture, 9:30 a.m., SD–342.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, May 21 10 a.m., Thursday, May 21

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2262— ation of H.R. 1314, Ensuring Tax Exempt Organizations SPACE Act of 2015 (Subject to a Rule). the Right to Appeal Act, and vote on the motion to in- voke cloture on Hatch Amendment No. 1221 to the bill at approximately 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gallego, Ruben, Ariz., E757 Quigley, Mike, Ill., E758 Hastings, Alcee L., Fla., E759 Rangel, Charles B., N.Y., E758 Blum, Rod, Iowa, E765, E767 Holding, George, N.C., E761 Reichert, David G., Wash., E766 Blumenauer, Earl, Ore., E757 Hudson, Richard, N.C., E755 Schakowsky, Janice D., Ill., E766, E767 Brownley, Julia, Calif., E763, E764 Kaptur, Marcy, Ohio, E760 Schiff, Adam B., Calif., E759 Butterfield, G.K., N.C., E756 Kato, John, N.Y., E755 Byrne, Bradley, Ala., E765 Kilmer, Derek, Wash., E764 Sessions, Pete, Tex., E763 Clyburn, James E., S.C., E766 Lawrence, Brenda L., Mich., E767 Titus, Dina, Nev., E767 Cohen, Steve, Tenn., E762 Lee, Barbara, Calif., E758, E762 Van Hollen, Chris, Md., E756, E762, E765 Connolly, Gerald E., Va., E755, E758, E762 McClintock, Tom, Calif., E765, E768 Vargas, Juan, Calif., E757 Cook, Paul, Calif., E761 Messer, Luke, Ind., E759 Vela, Filemon, Tex., E763 Crenshaw, Ander, Fla., E755 Mica, John L., Fla., E766 Wittman, Robert J., Va., E762 Ellison, Keith, Minn., E764 Olson, Pete, Tex., E766 Yoder, Kevin, Kans., E767 Emmer, Tom, Minn., E757 Poe, Ted, Tex., E756 Young, David, Iowa, E761 Fincher, Stephen Lee, Tenn., E761 Price, David E., N.C., E757

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