Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, SEPTEMBER 9, 2014 No. 128 House of Representatives The House met at 10 a.m. and was in support of Operation Enduring Free- Combat Infantryman Badge, Path- called to order by the Speaker pro tem- dom by enemy small-arms fire. finder Badge, Military Master Free pore (Mr. JOLLY). Sergeant First Class Hairston was as- Fall Parachutist Badge, and the Army f signed to the 1st Battalion, 504th Para- Parachutist Badge. chute Infantry Regiment, 1st Brigade Throughout his time in service, he DESIGNATION OF SPEAKER PRO Combat Team, 82nd Airborne Division, was awarded the Bronze Star, Purple TEMPORE Fort Bragg, North Carolina. Heart, Meritorious Service Medal, The SPEAKER pro tempore laid be- Born to Bernett and Josephine Hair- Army Commendation Medal with three fore the House the following commu- ston June 22, 1979, at Shaw Air Force oakleaf clusters, Army Achievement nication from the Speaker: Base, South Carolina, Sergeant First Medal, Meritorious Unit Citation with WASHINGTON, DC, Class Hairston was raised in Shalimar, two oakleaf clusters, Army Good Con- September 9, 2014. Florida, and graduated from duct Medal with two oakleaf clusters, I hereby appoint the Honorable DAVID W. Choctawhatchee High School in 1997. the National Defense Service Medal, JOLLY to act as Speaker pro tempore on this Sergeant First Class Hairston wanted Afghanistan Campaign Medal with two day. to follow in the footsteps of his father campaign stars, Iraqi Campaign Medal JOHN A. BOEHNER, and brother by joining our Nation’s with two campaign stars, the Global Speaker of the House of Representatives. Armed Forces. After pursuing a Divi- War on Terrorism Expeditionary f sion I football scholarship as defensive Medal, and the Global War on Ter- MORNING-HOUR DEBATE lineman at the University of Houston rorism Service Medal. and earning a bachelor’s degree in eco- Throughout his unwavering dedica- The SPEAKER pro tempore. Pursu- nomics, he joined the U.S. Army in 2003 tion to country, Sergeant First Class ant to the order of the House of Janu- as an infantryman. Hairston helped ensure that our con- ary 7, 2014, the Chair will now recog- Upon completion of the basic air- stitutional rights were upheld and that nize Members from lists submitted by borne course at Fort Benning, Georgia, our Nation was protected from harm, the majority and minority leaders for he was assigned to 1st Brigade Combat both here and abroad. His ultimate sac- morning-hour debate. Team, Fort Bragg, North Carolina, in rifice will never be forgotten. The Chair will alternate recognition August of 2013. He selflessly served four To Sergeant First Class Hairston’s between the parties, with each party combat tours throughout his career, loving wife Mrs. Tawana Hairston; his limited to 1 hour and each Member which included two tours in support of stepson Hayden; his parents Bernett other than the majority and minority both Operation Iraqi Freedom and Op- and Josephine Hairston; his brothers leaders and the minority whip limited eration Enduring Freedom. Junnee Cardama, Broady Hairston, and to 5 minutes, but in no event shall de- Sergeant First Class Hairston has T.J. Hairston; his entire family; and bate continue beyond 11:50 a.m. been described as someone whose smile friends, my wife Vicki joins me in of- f could light up a room, and to his wife fering our sincerest condolences and Tawana and stepson Hayden, he was a prayers. HONORING THE LIFE AND SELF- loving and devoted husband and father. Mr. Speaker, on behalf of a grateful LESS SERVICE OF SERGEANT In terms of his military service, United States Congress and Nation, I FIRST CLASS SAMUEL C. ‘‘SAM’’ whenever he was thanked, he responded stand here to honor Sergeant First HAIRSTON that serving our country was his choice Class Sam C. Hairston and all of those The SPEAKER pro tempore. The and his service was so Americans can heroes we have lost. Chair recognizes the gentleman from enjoy the freedoms that are all too May God continue to bless them, the Florida (Mr. MILLER) for 5 minutes. often taken for granted. men and women of our United States Mr. MILLER of Florida. Mr. Speaker, He took pride in every mission and Armed Forces, and may God continue it is with profound sadness and grati- never expected anything in return. ‘‘An to bless the United States of America. tude that I rise to pay tribute to a fall- exceptional noncommissioned officer f en and decorated American hero. and a valued member of our team,’’ is Army Sergeant First Class Samuel C. how he was described by Lieutenant LEGALIZING MARIJUANA ‘‘Sam’’ Hairston of Houston, Texas, Colonel Chris Hockenberry, Hairston’s The SPEAKER pro tempore. The was killed on August 12, 2014, in battalion commander. Chair recognizes the gentleman from Ghazni, Afghanistan, from injuries sus- Sergeant First Class Hairston’s Oregon (Mr. BLUMENAUER) for 5 min- tained when his unit was engaged while qualifications included the Ranger Tab, utes.

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 Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.000 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7300 CONGRESSIONAL RECORD — HOUSE September 9, 2014 Mr. BLUMENAUER. Mr. Speaker, to use medical marijuana. People are I am concerned that the absence of there is much that Congress deals with picking up and moving to States that laws preventing unrestricted travel to that seems intractable. We struggle permit medical marijuana to get access Syria means the U.S. is not taking any with the great issues of war and peace. to the therapeutic benefits of mari- substantial steps to discourage Ameri- We view climate change and its dev- juana, which can reduce the violent ep- cans from going over to fight. This is astating impacts and are paralyzed. We ileptic seizures that torture their chil- an untenable situation that puts our look at this still-simmering racial un- dren. country at greater risk of attack from rest and the painful events of Fer- It is time for us to do a reality check. a radicalized American who trains and guson, Missouri, and largely are ignor- Let’s legalize, regulate, and tax mari- fights with these groups and later re- ing the underlying issues. juana, and then get on to those bigger turns home. That is why I have intro- There is one area where government problems that need our attention, like duced legislation in March, aimed at at the State and local level and here in war and peace, the consequence of a curbing this threat. Congress can make things a little easi- failure to deal with climate change, Over the last 6 months, since its in- er, a little more sensible, and that is and the epidemic of prescription drug troduction, the dramatic gains by ISIS dealing with our failed policy of mari- abuse that is killing three or four and a growing number of foreign fight- juana prohibition. Americans every hour. Let’s get our ers has only reaffirmed the need for There was a sad article on the front priorities straight. legislation to address this issue. page of The Times yesterday about a f My bill, H.R. 4223, the International call center employee, paralyzed since Conflicts of Concern Act, will give the RADICALIZED AMERICANS he was 16 years old, who was fired from President authority to temporarily re- FIGHTING WITH ISIS his job because he used medical mari- strict travel and material support to juana in a State where it is legal, on The SPEAKER pro tempore. The countries like Syria, and the President his off-hours, at home at night, to con- Chair recognizes the gentleman from could add additional countries of control his back spasms. Virginia (Mr. WOLF) for 5 minutes. cern when conflicts spill over into That had nothing to do with his job Mr. WOLF. Mr. Speaker, according to other countries, as we have seen in performance, yet this person was ter- a new poll released by CNN last Iraq. minated. There is a certain degree of evening, ‘‘Americans are increasingly The bill would also contain impor- hypocrisy, where someone having a concerned that ISIS represents a direct tant protections, allowing legitimate glass of wine at home is treated radi- terror threat’’ and that they are ‘‘fear- travel by licensed humanitarian aid cally different. ful that ISIS agents are living in the workers, journalists, and other groups This is just one small example of a United States.’’ cleared by the U.S. Government. I want much larger problem. The cost of our A Washington Post poll released this to add that this bill was developed with failed prohibition causes untold dam- morning shows that 90 percent of the the input of the FBI and has been sup- age to racial minorities, especially Af- American people believe that ISIS ported by Director Comey of the FBI. rican American young men who are poses a ‘‘serious’’ threat to the U.S. I believe it is a commonsense solu- much more likely to be arrested and This threat is growing, largely due to tion to an increasingly urgent threat, jailed, even though they use marijuana the fact that an increasing number and the House should bring up this bill no more frequently than young White radicalized westerners, including more and pass it before it recesses. Should men, jailed for something most Ameri- than 140 Americans, are freely trav- we fail to do so, I believe that one day cans now think should be legal. eling to Syria to link up with ISIS and we will regret not doing all that we can That hypocrisy was on display with al Qaeda-affiliated groups. to protect our homeland from the the NFL, who suspended a player for a Consider that over the last month, radicalized fighting with ISIS in Syria. year for smoking marijuana, but re- while this Congress was out on recess, Mr. Speaker, I also want to close by member, the wifebeater was suspended the number of Americans killed fight- encouraging the President to call on for only two games until an even more ing with terrorist organizations in the expertise of two men who know graphic video of the beating forced the Syria quickly grew, signaling a trend more about fighting terrorists and in- NFL’s hand because of the public out- that should be troubling to all Ameri- surgent threats in Iraq than anyone, rage; yet this is the same NFL that en- cans. General David Petraeus and General courages—some would say pressures— Earlier this summer, Moner Moham- Stanley McChrystal. players to be pumped with shots and mad Abu-Salha, a 22-year-old from Although both have retired and nei- pills to dull their pain, which often Florida, became the first American sui- ther work for this administration any- leads to serious consequences for these cide bomber fighting in Syria for the al more, our country would benefit great- players later in life, especially pre- Qaeda-affiliated al-Nusra. ly from their expertise as the military scription drug dependency. Equally concerning as his deadly act and intelligence community address Remember, we have an epidemic of was the fact that he traveled from the growing threat in Iraq. I hope the prescription drug abuse that kills more Syria to Florida and back again in the President and his team will ask for people every year than heroin, months before his deadly terrorist act. their assistance. methamphetamines, and cocaine com- In August, two more Americans were bined, and of course, no one has ever reportedly killed fighting with ISIS— f been killed from a marijuana overdose. Douglas McArthur McCain and We are wasting lives, law enforce- Abdirahmaan Muhumed, both origi- THE SEPTEMBER MESSAGE ment resources, and money when we nally from Minneapolis, Minnesota. The SPEAKER pro tempore. The have more important issues to tackle. I We must take proactive steps to dis- Chair recognizes the gentleman from am pleased that my State of Oregon, courage Americans from traveling to Maryland (Mr. HOYER) for 5 minutes. which was the first State to decrimi- Syria to link up with these groups. Un- Mr. HOYER. Mr. Speaker, September nalize a small amount of marijuana, fortunately, current law does not pre- should be a particularly important now may become the next State to le- vent Americans from traveling freely month for this House. It will be a galize adult use. to Syria and back, which creates loop- month of contrasts. It will be a month We have seen significant progress holes would-be jihadists can exploit. in which the American people will be here in Congress to allow the cultiva- Currently, unless the U.S. has solid able to see that the Republican mes- tion of industrial hemp, allow Ken- evidence that they have joined one of sage to the American people is, ‘‘You tucky tobacco farmers and Oregon these terrorist groups, the FBI cannot are on your own,’’ while Democrats ranchers to grow hemp for products arrest suspects upon their return. Un- say, ‘‘We are on your side.’’ that are perfectly legal and you can fortunately, it can be very hard to All right. Well, what does that mean? buy in any city in America. prove that suspects fought with a ter- The Republicans’ announced agenda for We have helped rein in the Federal rorist group in Syria, due to limited this month ought to be no surprise to Government interference with the 23 U.S. intelligence about their activities anyone who has been paying attention States that allow over 1 million people in the region. to the gridlock in Congress.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.008 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7301 Instead of focusing on the issues that was uncertainty they created—and 300 votes. I have been asking for the matter—creating jobs, raising the min- make America more competitive. They last 10 months that that bill be brought imum wage, fixing our broken immi- said that must be the first and most ur- to the floor. All it says is America gration system—they are planning to gent domestic priority of our govern- needs to have a playbook, a plan, a reintroduce partisan messaging bills ment. strategy, if you will, to grow our man- the House has already passed. That is what they said in the pledge, ufacturing sector, create more middle So we are repeating what we have al- but Chairman SESSIONS said, of course, class jobs and compete with the rest of ready done, as little as that may be. messaging to take back the Senate was the world. We cannot get that bill to the floor. Mr. Speaker, I don’t believe b 1015 their major objective; therefore, that was a promise forgotten. that is the kind of Congress America Mr. Speaker, it appears as if the Re- Throughout September, House Demo- wants. publican House majority in the 113th crats will be outlining how Republicans These are the issues that the Amer- Congress will go out much as it came have failed to focus on the issues ican people want Congress to focus on, in: fixated on a single goal. The Repub- Americans care about and what Con- not undoing the patient protections lican chairman of the Rules Com- gress should be doing instead. House and cost savings that health care re- mittee, PETE SESSIONS, summed up Democrats are ready to jump-start the form has brought, not rebranding an that goal late last year when he said— middle class. That is not just a phrase. antiregulatory and antiworker plat- and I quote Congressman SESSIONS, Re- We know the middle class is shrink- form as a jobs package that would publican chairman of the Rules Com- ing, and we know to the extent the add—Mr. Speaker, Americans are going mittee: ‘‘Everything we do in this body middle class is shrinking, America will to be astounded, legislation we are should be about messaging to win back not be doing as well. We need to expand going to consider this week will add the Senate.’’ Not about creating jobs, the middle class, giving opportunities $560 billion to the debt. Now, we passed not about making America more se- for those who are not in the middle most of those bills and created a larger cure, not about energy, not about the class to climb ladders of opportunity to debt by more than that $560 billion al- minimum wage, not about immigration get into the middle class. We need to ready, but we are going to do it again— reform, not about making sure that move our economy beyond recovery not wasting taxpayers’ money and time women get equal pay for equal work, and into prosperity. We are for raising on partisan lawsuits and investiga- not about any of those things. The the minimum wage and ensuring equal tions, not giving the American people chairman of the Rules Committee that pay for equal work. The overwhelming the least productive, and least open controls how we consider legislation on majority of Americans are for that. Congress in modern history. this floor said it is about messaging so Poll after poll after poll shows that The pledge to America talked about we can take back the Senate. over 70 percent of America is for those transparency. We have had more closed All of us should remember that when two propositions. In my opinion, both rules in this Congress than any Con- Senator MCCONNELL was asked a few have majority votes on this House gress in which I have served. years ago in the first term of the Presi- floor. But Americans must be surprised Mr. Speaker, Americans want leaders dent of the United States, Barack that those two issues are not brought who are on their side, not ones who Obama, he said, when asked, What is to this floor for action so that the peo- have broken their promises. They need your major objective? his response was, ple’s House can speak. and deserve a people’s House that is To ensure that President Obama is a Now, there may be differences of truly on their side. one-term President. Again, not about opinion. Many Republicans may want f jobs, not about the economy, not about to vote against the minimum wage, but VETERANS OF FOREIGN WARS growing the middle class, not about America deserves to have a vote on DAY making sure voting rights were se- that issue, and it has a right to have a The SPEAKER pro tempore. The cured, but making sure that President vote on making sure that women get Chair recognizes the gentlewoman from Obama only served one term. He failed paid equally to what men get paid for Tennessee (Mrs. BLACK) for 5 minutes. in that objective, but the fact of the the same job. They do that in the Mrs. BLACK. Mr. Speaker, this Sep- matter is they have stayed on that House of Representatives. Women are tember 29 marks the 115th birthday of messaging and objective. paid exactly what men are paid. That the Veterans of Foreign Wars. It is a Central to achieving that goal Re- is right. That is what ought to happen. day that will be celebrated at VFW publicans believe is to repeal or under- We need to fix our broken immigra- posts and in communities around the mine the Affordable Care Act. And it tion system. My friend, Mr. Cantor, country, and it is a day that deserves comes without a shock to anyone that who is no longer with us, and I had col- our recognition here in Congress as this month will also feature—as a mat- loquies, week after week after week, in well. ter of fact, this week—the 53rd vote to which Mr. Cantor said, We understand As a member of our local VFW Ladies do just that. the immigration system is broken. I Auxiliary and the proud wife of a Viet- However, Mr. Speaker, the American said, We agree, it is broken. And we nam veteran and a VFW member, I people are obviously tired of partisan have done nothing to fix it. have seen firsthand how our VFW gridlock. All of us hear that and all of The Republicans have passed some makes good on its promise every day to us on both sides of the aisle say we five or six bills to fix it. They haven’t honor the dead by helping the living. don’t want partisan gridlock, but we brought their own bills to the floor so Each year, the nearly 2 million VFW have seen wasted opportunities in this that the House could work its will. I and Auxiliary members contribute House over and over again for Congress don’t believe that is the kind of Con- more than 8.6 million hours of vol- to make headway on the challenges gress, Mr. Speaker, that America unteerism in their communities. These that we face as a nation. wants. We need to fix that system in a are men and women who have already Many are asking what happened to way that secures our border and brings sacrificed for their country by trav- the promise Republicans made in 2010 millions out of the shadows. eling into harm’s way to defend our when, in their pledge to America, they Mr. Speaker, we need to bring to the freedoms or waiting anxiously for our wrote—and again I quote—in their floor bipartisan Make It In America loved ones to return home from com- pledge to America: a plan to create jobs bills designed to grow our manu- bat, yet they continue to serve wher- jobs, end economic uncertainty—by the facturing base, help our businesses to ever they see a need. way, they are the ones who threatened compete, and attract jobs that pay well At our VFW post in Hendersonville, to default on the debt twice and who and open doors of opportunity to work- for example, members maintain a food shut down the greatest government on ers and their families. pantry for disadvantaged veterans, and the face of the Earth and the greatest The Republican-led committee they started an Operation Spearhead to country on the face of the Earth, shut passed out a bill sponsored by Mr. specifically serve the families of those down its government for 16 days at a LIPINSKI almost unanimously—I think called to serve in the war on terror. cost of $24 billion. A plan, they said, to it was on a voice vote—a bill that Perhaps most importantly, the VFW create jobs and economic certainty—it passed in the last Congress with over has always risen above partisanship

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.003 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7302 CONGRESSIONAL RECORD — HOUSE September 9, 2014 and politics to maintain a strong, ica. I hope to be part of the solution HELPING FAMILIES IN MENTAL steady voice on behalf of our heroes and not the problem. HEALTH CRISIS ACT since its founding in 1899. We will be looking to introduce legis- The SPEAKER pro tempore. The On this upcoming Veterans of For- lation that addresses the question of Chair recognizes the gentleman from eign Wars Day, may we pause to honor how we utilize equipment that was Pennsylvania (Mr. MURPHY) for 5 min- the many contributions of this organi- given for natural disasters and fighting utes. zation and be reminded to pray for terrorism, not to go against unarmed Mr. MURPHY of Pennsylvania. Mr. those who continue serving around the civilians. That is, I believe, a charge Speaker, ‘‘cowardly,’’ ‘‘a heathen,’’ world. for this body. ‘‘selfish’’—those are the words some f Let me also indicate that, as a mem- used to describe Robin Williams’ sui- ber of the Homeland Security Com- ISSUES OF THE DAY cide. These underscore that there is a mittee, having just come from the Mid- great deal of ignorance and misunder- The SPEAKER pro tempore. The east, I know that ISIS is real, and I be- standing about suicide. Chair recognizes the gentlewoman from lieve that the President had a strategy. Myths surrounding suicide are perva- Texas (Ms. JACKSON LEE) for 5 minutes. It was a deliberative strategy. It was sive and persistent. Given that Sep- Ms. JACKSON LEE. Mr. Speaker, one that was not to be spoken of pre- tember is National Suicide Prevention many of us are disappointed that some- cipitously or to announce what you are Month, we have an opportunity to dis- time on the floor today we will spend going to do next. But as he engages in pel these common misconceptions, precious time that could be utilized for consultation with our leadership, it is such as ‘‘suicide is not that common.’’ our focus on ISIS, focus on increasing crucial that he engages in consultation This year, 9.3 million adults will have the minimum wage and addressing so- with Members of Congress. I know that serious thoughts of suicide, 2.7 million cial issues across America on con- that is the President’s effort. He has will make suicide plans, 1.3 million will demning the President for authority done so in the past. attempt suicide, and nearly 40,000 will that he had and for, in essence, res- We have willing allies in the Mideast die by suicide. One suicide occurs every cuing Sergeant Bergdahl. But that is, who are willing to stand up with 16 minutes, and one veteran commits unfortunately, where we find ourselves. United States leadership on strategy suicide every hour. More will die by I am here to indicate that the Presi- where they are in the front. We must suicide this year than in car accidents. dent has enormous responsibilities and define what boots on the ground Here is another misconception: has been thoughtful but forceful on be- means, what does the 1,000 individuals ‘‘Those who die by suicide should just half of the American people. who are there now who are military have sucked it up.’’ But the vast ma- As they indicated, there are many personnel. We must find a way to ad- jority of individuals who have died by issues that we have great concern with, dress Syria without collaborating with suicide had a diagnosable mental ill- and last evening colleagues of mine in President Assad. And we must be re- ness. Mental illness is a contributing the Congressional Black Caucus stood minded that the religious minorities in factor in 90 percent of suicides, and the on the floor of the House to address the Iraq are still under siege and attack, risk of suicide increases more than 50 heinous killing of Michael Brown in and there are, in the wake of those at- percent in individuals experiencing de- Ferguson, Missouri. tacks, often children that we must ad- pression. First, let me thank Congressman dress. Consider this mistaken belief: ‘‘Sui- LACY CLAY and Congressman CLEAVER b 1030 cide is well planned and a thoughtful for their leadership. They had to be on act.’’ Twenty-five percent of people the front lines embracing the family We must be able to provide inter- who attempt suicide do so within 5 members and community. But those of national resources for the children who minutes of their initial decision, and 75 us in distance want to extend our deep- are left after the bloody siege of ISIS. percent do so within the first hour. est sympathy to the family of Michael And then we must explain to the Amer- Although there is a lot we know Brown and indicate that we have had ican people that we have their national about suicide, these myths continue to great police-community relations security in our hands, that we realize perpetuate because we don’t under- through many of our districts over- that the rising numbers wanting to at- stand enough why certain populations coming some very serious obstacles, as tack Syria and wanting to continue to are at higher risk and what is hap- we did in Houston, Texas. We started attack Iraq in those areas where ISIS pening in the brain at the time of sui- community-oriented policing at the is is because of the fear of the home- cide. leadership of former Mayor Lee P. land. A recent report from the Centers for Brown. It can be done. As I indicated, as the senior member Disease Control and Prevention found On the Judiciary Committee, I have on Homeland Security, we get that. We that in the last decade, here is what worked with funding for community- will be holding a hearing in the Border happened with suicide rates: oriented policing, and, therefore, I and Maritime Security Subcommittee, The rate for those 35 to 64 years of don’t take a backseat to my support of where I serve as ranking member, age increased 28 percent; for women, it law enforcement across this Nation. along with my chairwoman, Congress- increased 31 percent; for white Ameri- The actions that were played out by woman MILLER. I have introduced leg- cans, it increased 40 percent; for Amer- the media in video, to me, took the life islation as an aside to declare the Rus- ican Indian and Alaska Natives, it in- of a boy who had a life in front of him. sian rebels as terrorists. I look forward creased 65 percent; and the use of suffo- So it is crucial that this body does to looking at this question, as Con- cation or hanging increased 81 percent. not leave for its recess again and not gressman WOLF has, this issue of those And despite a continued focus on youth address, in some direct way, the killing with U.S. passports and this question suicide, it remains either the second- of Michael Brown, hearings regarding of how do we keep them from flying, or third-leading cause of death for the militarization of our police, adding adding them to the no-fly list. We are those between the ages 10 and 25. Rates more funding back to community-ori- looking at ways of getting our walls have also increased dramatically ented policing, and, yes, asking the around those individuals being able to among elderly White men. question of the utilization of firepower attack the homeland. The report goes on to note that ‘‘ad- against an unarmed Black boy. Again, we have many issues to come ditional research is needed to under- The epidemic of the killing of Black together on as a body. We must address stand the cause of the increase and men is real; you can see the numbers. the crisis of the killing of Michael why the extent of the increase varies.’’ Those of us who are mothers who have Brown. But we also have to say that we Suicide is a public health crisis de- to tell our sons how they ought to re- can do it together. We must address manding a policy response that, to spond when they are on the street— this crisis of dealing with ISIS. It is date, has been tepid at best. The impul- educated, military personnel, high real, it can be assessed, and it can be sive nature and correlation with men- school graduates or not—this is some- handled. Collaborate with our Western tal illness requires us to treat suicide thing that all of America should be allies and our friends in the Mideast. It as a mental health crisis. To this end, concerned about because we are Amer- is our duty, and we must do it now. I have introduced the Helping Families

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.005 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7303 in Mental Health Crisis Act, H.R. 3717, minority groups that have been found themselves in an alien world, which authorizes research at the Na- through so much in that region. forced to begin their lives again in tional Institute of Mental Health to en- I just wanted to say this to the Mem- great hardship. hance our understanding of suicide and bers of the House, and that is that Rus- In the mid-1980s, the Tatars were fi- advance evidence-based approaches to sia’s aggression in Ukraine has pro- nally allowed to return to Crimea. prevention that are not solely centered duced many tragedies, but none— Most of the surviving population—and around raising awareness. none—more so than that of the Cri- it was a fraction of the original popu- Families of those with serious men- mean Tatars. For centuries, this Mus- lation—eventually did come back. In tal illness already are aware that there lim community has suffered greatly at the last census, they comprised 12 per- is a problem. Unfortunately, a small the hands of Russia’s rulers. Russia’s cent of the population. There they re- percentage of those with serious men- rulers have devastated the population, established their ancient community tal illness are not aware they have a and they have driven countless num- and proudly took their place in problem, but everybody is also pain- bers from their homes. And now, Mos- Ukraine’s new democracy. fully aware they cannot get help when cow’s forcible occupation of Crimea has All of the people I spoke with in someone is in mental health crisis. imposed a new oppression on this long- Ukraine, including the ethnic Russians We can save lives and help families in suffering community, forcing large whose interests Moscow claims it is mental health crisis, but only if we, as numbers to flee and making the rest protecting, said that they opposed Rus- a Nation, have the courage to confront increasingly unwelcome in their ances- sian intervention, and at the end of the mental illness head on rather than just tral homeland. day they supported a united Ukraine. use phony, feel-good measures. When I was in Ukraine, besides meet- And that was especially true of every My legislation also reauthorizes the ing with senior Ukrainian officials, we ethnic community and civil society Garrett Lee Smith Memorial Act, had these conversations with the rep- group in eastern Ukraine that we which is the largest youth suicide pre- resentatives of their community as talked with. And the Tatars, including vention and early intervention pro- well as other minority groups, other some still alive who survived Stalin’s gram in the country. However, this ethnic Russian communities. And I was crimes, have a deep historical memory program does not address the full scope privileged to meet and talk at length of Russia’s actions in Crimea. They are of suicide, which can affect individuals with the most prominent Tatar leader, not fooled by Moscow’s protestations of of any age. Mustafa Dzhemilev, who is the former peace there. Thus, the House Energy and Com- head of the Mejlis, the executive body In our efforts to secure a lasting merce Subcommittee on Oversight and of the Tatar parliament, as well as peace in Ukraine, the U.S. and our al- Investigations, which I chair, will con- with other senior leaders in their com- lies must not accept Russia’s forcible tinue its investigation into our Na- munity. He and his colleagues have expulsion of Tatars from Crimea, but tion’s broken mental health system by been blocked from returning to Crimea that is, once again, what the Russian looking at proven strategies to reduce by the ruling authorities there, as so Government is doing to these people. the staggering number of suicides. It many other Tatars have been blocked They must recognize the religious and ethnic rights there. And we must not begins with fixing our broken mental once they go over the border from Cri- forget the people there. We must not health system and providing hope and mea to come back into their home. leave them to this fate at the hands of evidence-based treatment to individ- They are refugees unable to go home. merciless authorities who seek a region uals and families in crisis. I call upon During our meeting, we discussed the cleansed of all those they deem to be Members to cosponsor that bill. increasing pressure on the Tatars in enemies of their imperial ambitions. Mr. Speaker, we need to tell Ameri- Crimea and the situation they live under. Thousands have fled, and those By refusing to surrender to endless cans that if someone you know needs threats and centuries of oppression, the help, they should call 1–800–273–8255 for who remain face a very uncertain future. They are subject to increasing Tatar people continue to give hope to the National Suicide Prevention Life- all those around the world who are bat- pressure and restrictions by the local line. They can also find more online at tling overwhelming forces in defense of authorities, who they believe are try- www.afsp.org, the Web site of the their homes and of their freedom. American Foundation for Suicide Pre- ing to force them out because of their vention. ethnicity and because they didn’t wel- f It is clear that this is a national cri- come Russia’s armed occupation and il- RECESS sis. If we saw any other disease in this legal annexation. Of course, there was The SPEAKER pro tempore. Pursu- country that had numbers as high as never any possibility that they would ant to clause 12(a) of rule I, the Chair these—1 million attempts and 40,000 be allowed to participate in the phony declares the House in recess until noon deaths—we would call upon Americans, referendum held in March in which 97 today. the National Institutes of Health, and percent of the population supposedly Accordingly (at 10 o’clock and 42 others to take action. Certainly, we voted one way in that election to join minutes a.m.), the House stood in re- would call upon Congress to take ac- Russia, even though the entire ethnic cess. tion. This is demanding our action, for Russian population numbers only 58 f every day more and more take their percent of that overall community. lives from this serious public health The Tatar population is about 12 per- b 1200 problem. Let us address this. Let us no cent. Knowing that the vote would be AFTER RECESS longer ignore it. So many more lives rigged, they refused to provide the The recess having expired, the House are at stake. propaganda exercise with any credi- was called to order by the Speaker at f bility, and they and many other ethnic noon. groups there in Crimea urged a boycott f THE ENDURING STRUGGLE OF THE and undertook that boycott. CRIMEAN TATARS Unfortunately, their current struggle PRAYER The SPEAKER pro tempore. The is only the latest chapter in their long Reverend Glen Berteau, The House Chair recognizes the gentleman from history of great suffering and very Modesto, Modesto, California, offered California (Mr. ROYCE) for 5 minutes. brave perseverance. Many times in the the following prayer: Mr. ROYCE. Mr. Speaker, I rise past, they have been subjected to mass I thank God for the men and women today to talk a little bit about the en- deportation and assaults, with great of this House and their commitment, during struggle of the Crimean Tatars, loss of life. The most terrible was Sta- concern, and call to help America to be a people who have suffered much over lin’s mass deportation of the Muslim a great nation. I bless them and their the many generations of war that they Tatar population to Central Asia in families with health, wisdom, and su- have seen in their region. I had an op- 1944. Over half—over half—of the men, pernatural peace. portunity to meet with many of them women, and children died in what only George Washington said: ‘‘It is im- when I was in Ukraine. ELIOT ENGEL can be called a genocidal process. And possible to rightly govern the world and I sat down with all of the different those that survived the privations without God and the Bible.’’

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.006 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7304 CONGRESSIONAL RECORD — HOUSE September 9, 2014 We need a visitation from Heaven. ANNOUNCEMENT BY THE SPEAKER Many of us cannot imagine going to We need Your word to answer our ques- PRO TEMPORE bed hungry and then waking up still tions. We need Your love to resolve our The SPEAKER pro tempore (Mr. hungry, but this is the sad reality for differences, and we need Your under- ROONEY). The Chair will entertain up far too many people. Nearly 200,000 of standing to embrace our purpose. to 15 further requests for 1-minute those who are food insecure in north- Thank you, Lord, for sending us what speeches on each side of the aisle. ern Illinois—one in five—are children mankind needed, a savior, Jesus Christ, who lack adequate food and nutrition f who paid the ultimate price for free- to grow up healthy. dom on the cross. RECOGNIZING DAIMLER TRUCKS Chicago’s suburban hunger grew by a Thank you, Lord, for the men and NORTH AMERICA stunning 99 percent over the past dec- women in the United States military (Ms. FOXX asked and was given per- ade, notwithstanding the great efforts who have paid the ultimate price, who mission to address the House for 1 of hardworking volunteers at places gave their lives for our freedom. minute.) like the Northern Illinois Food Bank, We repent of our pride, embrace hu- Ms. FOXX. Mr. Speaker, I rise today Between Friends Food Pantry, and mility, and call the Creator of creation to mark a momentous occasion at the Kendall County Food Bank. I have seen to bless America. Daimler Trucks North America Cleve- firsthand their service to our commu- In Jesus’ name, amen. land plant in Rowan County, North nities. This September let’s redouble all of Carolina. f The plant, which began manufac- our volunteer efforts and use our re- turing Freightliner trucks in 1989, resources to help our neighbors in need. THE JOURNAL Colder months are up ahead when cently rolled truck number 3 million families feel the harsh brunt of food in- The SPEAKER. The Chair has exam- off the assembly line. This milestone is ined the Journal of the last day’s pro- security. It takes the effort of commu- a testament to the high-quality work- nity to care for our neighbors, as Jesus ceedings and announces to the House force that can be found in Rowan Coun- his approval thereof. called us to do without judgment or ty specifically and North Carolina in stigma. Whatever we do for these, the Pursuant to clause 1, rule I, the Jour- general. least of these, we do for Him. nal stands approved. In 1989, the plant began building Freightliners with 124 employees. f f While market forces have caused fluc- PGA 2017 PRESIDENTS CUP IN tuation over the years, the plant cur- JERSEY CITY PLEDGE OF ALLEGIANCE rently employs about 2,600 people, (Mr. SIRES asked and was given per- The SPEAKER. Will the gentleman making it the third-largest employer mission to address the House for 1 from Texas (Mr. POE) come forward and in Rowan County. All together, the minute.) lead the House in the Pledge of Alle- company employs about 8,000 people Mr. SIRES. Mr. Speaker, I rise today giance. throughout North Carolina. to congratulate the people of Jersey Mr. POE of Texas led the Pledge of Mr. Speaker, I congratulate Daimler City, New Jersey, upon the recent an- Allegiance as follows: on its successful North American truck nouncement to host the PGA 2017 I pledge allegiance to the Flag of the business, and I commend the good peo- Presidents Cup at the premier Liberty United States of America, and to the Repub- ple of Rowan County, North Carolina, National Golf Club. lic for which it stands, one nation under God, for making that business thrive. The prestigious tournament will not indivisible, with liberty and justice for all. f only expose golf fans to Jersey City, but also bolster tourism, investment, f NATIONAL CHILDHOOD CANCER and raise awareness for charities in the AWARENESS MONTH WELCOMING REVEREND GLEN area. In addition, all the living Presi- BERTEAU (Mr. HIGGINS asked and was given dents will be at the opening ceremony permission to address the House for 1 as honorary chairmen. The Presidents The SPEAKER. Without objection, minute.) Cup is one of 10 PGA events that will the gentleman from California (Mr. Mr. HIGGINS. Mr. Speaker, today I be held at Liberty National during a DENHAM) is recognized for 1 minute. rise to recognize September as Na- span of 25 years. There was no objection. tional Childhood Cancer Awareness I congratulate the father and son Mr. DENHAM. Mr. Speaker, it is a Month. Cancer continues to be a lead- team of Dan and Paul Fireman for great honor today to introduce to the ing cause of death by disease for Amer- their unwavering commitment and vi- House our guest chaplain, Glen ica’s children. sion to bring a world-class course to Berteau, of Modesto, from The House. Every year in the United States, al- Jersey City, New Jersey. Built on top Glen currently serves as senior pastor most 16,000 children under the age of 21 of an old landfill, Liberty National of- at The House in Modesto. A church of are diagnosed with cancer. Approxi- fers sweeping views of the Hudson more than 8,000, his congregation was mately one-fourth of these children River and views of the Statue of Lib- named as one of the 50 top largest will not survive. Two prominent health erty nearly at every hole. churches in America. institutions in western New York, The Firemans’ dedication to bringing The House’s outreach has touched Roswell Park Cancer Institute and a world-class golf course to the area the lives of people all across the Cen- Women & Children’s Hospital in Buf- was never about a profit, rather, giving tral Valley. He is a leader who has falo, work collaboratively to conduct back to the game and the community. pulled our faith-based community to- research, provide treatment, and raise In correlation with the tournament, gether and our pastors together to ad- awareness on behalf of these children. the Firemans announced a $5 million, dress so many of our issues in Califor- I urge my colleagues to support in- 5-year commitment to the First Tee nia’s Central Valley. creased funding for the National Can- program, an international youth orga- Glen is a youth pastor and author of cer Institute. nization that promotes life skills and a popular youth manual and two books: f leadership through the game of golf. ‘‘Christianity Life’’ and ‘‘Christianity I congratulate the city of Jersey City SEPTEMBER IS HUNGER ACTION to Go.’’ He is a gifted speaker and and the Fireman family. MONTH evangelist and teacher, speaking not f only in California’s Central Valley but (Mr. HULTGREN asked and was in conferences all over the world. given permission to address the House FEDS COOK UP NEW RULES FOR Mr. Speaker, I ask my colleagues to for 1 minute.) BAKE SALES IN SCHOOLS join me in welcoming Glen this after- Mr. HULTGREN. Mr. Speaker, I rise (Mr. POE of Texas asked and was noon. We thank him for offering this today during Hunger Action Month to given permission to address the House morning’s opening prayer in the United raise the alarm of food insecurity and for 1 minute and to revise and extend States House of Representatives. hunger that afflicts our fellow citizens. his remarks.)

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.009 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7305 Mr. POE of Texas. Madam Speaker, THE WATERS OF THE UNITED pansion of Federal Government water turn off the ovens; the school bake STATES REGULATORY OVER- regulation in more than a quarter of a sales are over. REACH PROTECTION ACT century. In Florida alone, preliminary costs to Bake sales in schools are as Amer- (Mr. CARTER asked and was given projects in eight counties are esti- ican as apple pie and the flag. Parents permission to address the House for 1 mated at over $182 million. In my dis- like Janet Huberty in Atascocita, minute and to revise and extend his re- Texas, and other parents and PTAs and trict, all this rule will do is make it marks.) harder for farmers to grow food and PTOs use bake sales to raise money for Mr. CARTER. Madam Speaker, I rise more difficult for local businesses to the school band, cheerleader uniforms, in support of H.R. 5078, Waters of the thrive. and iPads for students. United States Regulatory Overreach Floridians understand and respect But now the almighty Federal Gov- Protection Act, which is basically our waterways unlike any other State. ernment has cooked up new rules con- going to get boiled down to tell the Environmentalists, farmers, and busi- trolling public school bake sales. No Federal Government to stay away from nesses have all come together in Flor- more cupcakes, oatmeal raisin cookies, our water. There seems to be plans to ida to protect our environment and popcorn, or pizza can be sold for play- make every drop of water that falls or eliminate water pollutants. And their ground equipment or student trips. The pools in the United States Federal wa- efforts are working. The Obama admin- Washington regulators, many of whom terways; therefore, they can be regu- istration, in its never-ending quest to have their kids go to private schools lated by Federal regulators. bypass Congress and the States, is that are not covered by the new rules, In our State of Texas, water is as pre- seeking to upend this functioning dy- say kale chips and quinoa are to re- cious as oil. It is the lifeblood of our namic. place snow cones and Valentine candy. people and of our economy. Without Therefore, I rise today to encourage Isn’t that lovely. water, Texas dies. We are not ready to my colleagues to support Congressman Local parents and educators should put the control of water in the hands of STEVE SOUTHERLAND’s bill, H.R. 5078, control bake sales, not the Federal the inept Federal Government. Water the Waters of the United States Regu- Government. So today I am intro- belongs in the hands of the States. latory Overreach Protection Act. ducing legislation to keep the Feds This bill will keep it where it be- f from interfering with bake sales by longs. Support H.R. 5078 and keep the COMPREHENSIVE IMMIGRATION local schools. What is sold in bake Federal Government out of our water. REFORM sales to help schoolkids in Texas or f (Ms. HAHN asked and was given per- anyplace across America is, frankly, MIDDLE CLASS JUMPSTART mission to address the House for 1 none of the business of the Federal minute.) Government food police. (Mr. VEASEY asked and was given permission to address the House for 1 Ms. HAHN. Madam Speaker, the news And that is just the way it is. minute.) that the White House will not take ac- Mr. VEASEY. Madam Speaker, while tion this summer on immigration re- f House Republicans spend the next 2 form came as a huge disappointment, not just to me, but to millions across weeks bringing up silly partisan bills this country. Our broken immigration RETURN TO REGULAR ORDER aimed at embarrassing the President, system hurts millions of families, and House Democrats remain focused on (Mr. NOLAN asked and was given every day that we delay leaves both the real solutions that matter to the permission to address the House for 1 these families and our economy suf- American people. minute and to revise and extend his re- fering. But immigration reform can It is time to put the middle class marks.) and should come from Congress. above partisan politics. It is time to It has been well over a year since the Mr. NOLAN. Madam Speaker, the vote to raise the minimum wage to simple truth is that this Congress is Senate did their job and passed fair, bi- $10.10 an hour and give struggling fami- partisan legislation that would bring the most unaccomplished Congress in lies a real chance to be in the middle the history of the country. The fact is people out of the shadows and on a class. pathway to citizenship. Let’s not the people’s House has become a very What is wrong with women receiving blame the President. Here in the undemocratic institution where bills equal pay for equal work? Let’s bring House, my friends on the other side of are brought to the floor without hear- the Paycheck Fairness Act to the floor the aisle have not brought the Senate ings, without authorizing committee to make sure that women are treated bill to the floor for a vote. That is how consideration, where a few leaders equally in the workplace. we have comprehensive immigration make all the major decisions, and These bills and many others are part reform not through executive orders. If where the people’s business is con- of the Democrats’ Middle Class we held a vote tomorrow, I am constantly ignored in favor of legislation Jumpstart America agenda, a plan to fident that it would pass. advanced solely for political purposes. fight for the middle class, put families Madam Speaker, it is time for my The fact is we need to return to and before special interests, and reignite Republican friends to realize the dam- restore regular order, where every bill the American Dream for all those who age that not taking up comprehensive brought to the floor of the House is re- want to work hard for it. immigration reform does to our Nation quired to be considered by committee, Let’s put partisan politics aside and every day. This issue is too important with open rules, where every amend- help the people that are struggling out to be put on the back burner until after ment, every idea is debated, voted on, there in the middle class to get back on the election. Enough is enough. It is and fully considered. To do that, the their feet. time to bring the Senate bill on comprehensive immigration reform to a Congress needs to go to work 5 days a f week, like everybody else in America. vote. b 1215 With that in mind, Madam Speaker, I f hope my colleagues will join me in sup- WATERS OF THE UNITED STATES ESTABLISHING FEDERAL GUIDE- port of my Restore Democracy Act, H. REGULATORY OVERREACH PRO- LINES AND REPORTING RE- Res. 695. This bill represents a roadmap TECTION ACT QUIREMENTS FOR CUSTODIAL to change the way we do politics in (Mr. ROONEY asked and was given TRANSFERS America, take the corruptive effect of permission to address the House for 1 (Mr. STIVERS asked and was given money out of our politics and return to minute.) permission to address the House for 1 regular order. Mr. ROONEY. Madam Speaker, the minute and to revise and extend his re- Madam Speaker, it is about time we Federal Government is attempting yet marks.) restore democracy right here in the another power grab in our own back- Mr. STIVERS. Madam Speaker, I was House of Representatives, the people’s yards. A new rule proposed by the EPA first made aware of the practice of re- Chamber. will mandate the most significant ex- homing earlier this year when it was

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.018 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7306 CONGRESSIONAL RECORD — HOUSE September 9, 2014 discovered that a girl who had been Whether he was checking in with ac- maining stagnant over the past several adopted from Haiti was transferred cident victims at the hospital or stop- years, Congress must make sure we are back and forth from an abusive envi- ping by local businesses for a chat, Of- doing everything we can to protect our ronment in central Iowa, where I live, ficer Patrick will be remembered as citizens and safeguard our fiscal to Idaho via a Yahoo Internet forum. somebody who was friendly, who was health. Rehoming is the transfer of children helpful, and always looking to serve One of the steps we can and must into the custody of unvetted strangers others. take before the end of this year is to without the use of the child welfare A dedicated family man with two reauthorize the Terrorism Risk Insur- system, and currently there is no Fed- teenage daughters, Officer Patrick ance Act. This will provide much-need- eral law prohibiting it. That means would constantly remind his fellow of- ed certainty in the marketplace by there is nothing stopping dangerous ficers to enjoy their days off and make making sure that terrorism risk insur- and unfit individuals from using online sure that they spent time with their ance coverage is readily available. This mediums like Craigslist to seek cus- loved ones. insurance is absolutely key to main- tody and then abuse, neglect, or exploit Madam Speaker, Officer Patrick’s taining our economic security. children. tragic death reminds us of all the dan- Without this reauthorization, we will As a father of two young children, gers that members of the Thin Blue leave the American people vulnerable the idea of children being treated as Line face each and every day in order to danger that could have been pre- goods or property is reprehensible. Our to help keep our communities safe. His vented. The Senate has passed a TRIA Nation must address rehoming. That is sacrifice will not be forgotten. reauthorization, and I applaud Chair- why I am introducing legislation to es- Our thoughts and prayers are with man HENSARLING for passing a TRIA tablish Federal guidelines and report- his wife, Michelle, his daughters, and bill through the committee in June. ing requirements for custodial trans- the Mendota Heights police officers. While reasonable people can disagree fers. I urge my colleagues on both sides f on how this gets done, we should all of the aisle to help me solve this prob- agree that it must happen. HUMANITARIAN CRISIS lem of rehoming. f f (Ms. TITUS asked and was given permission to address the House for 1 THE NEED TO BREAK THE CYCLE BRING BACK OUR GIRLS minute.) OF VIOLENCE (Ms. WILSON of Florida asked and Ms. TITUS. Madam Speaker, I rise to (Mr. LEWIS asked and was given per- was given permission to address the give voice to the 63,000 unaccompanied mission to address the House for 1 House for 1 minute.) minors who have sought refuge at our minute.) Ms. WILSON of Florida. Madam borders since last fall. These vulner- Mr. LEWIS. Madam Speaker, I rise Speaker, Boko Haram’s attacks on the able children have fled terrible vio- today with pain in my heart and soul. people of Nigeria have become more vi- lence and poverty in their home coun- There is not any room in a civilized so- cious. Their wicked deeds are dev- tries. ciety for the abuse of anyone, but espe- astating men, women, and children, In August, I traveled to McAllen, cially women and girls. I have seen and Christians, and Muslims. Everyone is a Texas, where I visited the border with known women who are victims and sur- target. Like ISIS, the terrorist organi- CBP agents, I toured processing cen- vivors. Mother, sisters, and daughters zation they align themselves with, ters, and I met with Mexican officials must know that their pain is our pain. Boko Haram, has beheaded hundreds of to discuss the issue. The thought of another human being innocent people, including a 6-year-old There is no easy or quick solution to living in constant fear breaks my Christian boy in June. this very complex problem, but there heart. Imagine life day in and day out Madam Speaker, this week, I am in- are some steps we can take to relieve afraid to come home at night and with troducing a bill to help combat Boko the crisis: provide resources for shelter no safe place in the day. It hurts my Haram, and today I am meeting with and other social services for these chil- soul. five of the kidnapped girls who escaped dren in U.S. custody; encourage eco- Throughout my life, I have taken a from the terror of Boko Haram. nomic investments in Central America; stand against violence in thoughts, in Madam Speaker, we have a major assess the effectiveness of U.S. funding words, and in action. Violence is not in international crisis to deal with in the for antigang programs in Central keeping with the human spirit. We do Middle East and in Nigeria. Boko America; and increase the number of not come into this world beating and Haram has the potential to explode any immigration judges to ensure children abusing our fellow human beings. We day, like ISIS. They have killed hun- move quickly and fairly through the learn it from our environment and dreds, including elected officials. process. from our experiences. We shall tweet every day But in the end, this crisis simply Together, we have a moral obligation #bringbackourgirls to raise alarm over underlies the necessity for us to enact to teach our children—especially our the kidnapped Nigerian schoolgirls. We comprehensive immigration reform. So young men—the way of peace, the way must not forget these girls, and we I urge the House Republican leadership of love, and the way of nonviolence. must stop Boko Haram. to listen to the American people and There can be no place for abuse in our Tweet, tweet, tweet: bring this reform to the floor for a society. Madam Speaker, we must #bringbackourgirls. Tweet, tweet, vote. break this cycle, and we must do it tweet: #followrepwilson. f now. f TERRORISM RISK INSURANCE ACT f HONORING OFFICER SCOTT (Mr. STUTZMAN asked and was IN DEFENSE OF CHRISTIANS PATRICK given permission to address the House INAUGURAL SUMMIT (Mr. PAULSEN asked and was given for 1 minute and to revise and extend (Mr. GARRETT asked and was given permission to address the House for 1 his remarks.) permission to address the House for 1 minute and to revise and extend his re- Mr. STUTZMAN. Madam Speaker, minute.) marks.) with the anniversary of 9/11 just a few Mr. GARRETT. Mr. Speaker, today I Mr. PAULSEN. Madam Speaker, I days away, we are reminded not only of rise to welcome all those who have rise today to honor the life of the the enormous loss of innocent life and traveled to Washington, D.C., this Mendota Heights police officer Scott physical destruction that terrorism week for the In Defense of Christians Patrick, who tragically lost his life in can bring, but also the long-term, eco- Inaugural Summit. the line of duty recently. Officer Pat- nomic harm that follows an attack. This summit unites human rights rick was a 19-year veteran of the As we have seen with the rise of ISIS, groups and religious leaders concerned Mendota Heights police force. He loved the American people and our interests about the plight of ancient Christian his community, and he served it with are always a target and remain under minorities of the Middle East. Many of honor. constant threat. With our economy re- these ancient churches have survived

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.012 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7307 centuries of hardship, foreign invasion, SEC. 2. Upon adoption of this resolution it share one common theme: the practice and domestic despotism. shall be in order without intervention of any of this administration to stretch the As we have seen recently in Iraq and point of order to consider in the House the law. Syria, millions are now caught up in resolution (H. Res. 644) condemning and dis- As Bill Veeck used to say when he approving of the Obama administration’s was running his baseball team, he the middle of sectarian violence and failure to comply with the lawful statutory conflict and end up paying the ulti- requirement to notify Congress before re- doesn’t break the rules, he just tests mate price for it. leasing individuals detained at United States their elasticity. This administration The bedrock of our Nation’s estab- Naval Station, Guantanamo Bay, Cuba, and has tested the elasticity from some of lishment was freedom of religion. But expressing national security concerns over these rules and laws to the point where what many experience today, even here the release of five Taliban leaders and the re- they have broken, and it is an over- in the United States, is the subjugation percussions of negotiating with terrorists. reach of the authority under the law. of religious beliefs by a government or The amendments to the resolution and the Madam Speaker, let me talk for just preamble recommended by the Committee on a second about H.R. 5078 that deals military decree. A people cannot be Armed Services now printed in the resolu- free without religious liberty. with the Clean Water Act. This is a bition shall be considered as adopted. The reso- partisan bill. It was passed in the com- So, Mr. Speaker, again, I welcome all lution, as amended, shall be considered as those who are here for the summit, and read. The previous question shall be consid- mittee by a voice vote supported by I commend them for their enduring ered as ordered on the resolution and pre- many State and local governments and fight for religious freedom. amble, as amended, to adoption without in- has largely been ignored by this admin- tervening motion except: (1) one hour of de- istration as the administration seeks f bate equally divided and controlled by the to go around Congress and attempt to PROVIDING FOR CONSIDERATION chair and ranking minority member of the revise administrative rules asserting a OF H.R. 5078, WATERS OF THE Committee on Armed Services; and (2) one Federal stranglehold on private enter- UNITED STATES REGULATORY motion to recommit with or without instruc- prise and job creation. tions. OVERREACH PROTECTION ACT One may want to know why the U.S. OF 2014, AND PROVIDING FOR The SPEAKER pro tempore (Mrs. economy is still in a Jimmy Carter- CONSIDERATION OF H. RES. 644, BLACK). The gentleman from Utah is like malaise situation after 6 years DISAPPROVAL OF THE ADMINIS- recognized for 1 hour. with this administration. Just taking a TRATION’S FAILURE TO NOTIFY b 1230 look at the underlying issue of this bill finds an answer: the administration CONGRESS BEFORE RELEASING Mr. BISHOP of Utah. Madam Speak- wants more rulemaking authority, INDIVIDUALS FROM GUANTA- er, for the purpose of debate only, I more regulations, and a stronger Fed- NAMO BAY yield the customary 30 minutes to the eral stranglehold on what you and I gentleman from Florida (Mr. HAS- Mr. BISHOP of Utah. Madam Speak- can and can’t do, what business owners TINGS), pending which I yield myself er, by direction of the Committee on can and can’t do, and what farmers can such time as I may consume. During Rules, I call up House Resolution 715 or can’t do with their own property. and ask for its immediate consider- the consideration of this resolution, all Clearly, when the Clean Water Act ation. time yielded is for the purpose of de- was passed, it specified that the pri- The Clerk read the resolution, as fol- bate only. mary responsibility for water issues lows: GENERAL LEAVE were to lay with the States. It is very H. RES. 715 Mr. BISHOP of Utah. Madam Speak- clear when they came up with the con- Resolved, That at any time after adoption er, I ask unanimous consent that all cept of navigable waters of the United of this resolution the Speaker may, pursuant Members may have 5 legislative days States, the Federal Government had a to clause 2(b) of rule XVIII, declare the in which they may revise and extend jurisdictional interest in interstate House resolved into the Committee of the their remarks. water regulations, but not intrastate. Whole House on the state of the Union for The SPEAKER pro tempore. Is there Twice the Supreme Court of the consideration of the bill (H.R. 5078) to pre- objection to the request of the gen- United States has ruled against the serve existing rights and responsibilities tleman from Utah? with respect to waters of the United States, agencies that have been managing the There was no objection. Clean Water Act and saying simply and for other purposes. The first reading of Mr. BISHOP of Utah. Madam Speak- the bill shall be dispensed with. All points of that they overstretched their author- order against consideration of the bill are er, this resolution provides for a struc- ity, they stretched their limits, and waived. General debate shall be confined to tured rule for consideration of H.R. they stretched what is the power given the bill and shall not exceed one hour equal- 5078, the Waters of the United States to them under this particular act. ly divided and controlled by the chair and Regulatory Overreach Protection Act Now, unfortunately, we see an ad- ranking minority member of the Committee of 2014, and makes in order three ministration that is trying to move on Transportation and Infrastructure. After amendments, all from Democrats, for around that. Two Congresses—the 110th general debate the bill shall be considered floor consideration. and the 111th—had legislation that was for amendment under the five-minute rule. It provides for 1 hour of general de- The bill shall be considered as read. All introduced to try and change these pro- points of order against provisions in the bill bate, equally divided and controlled by visions of the Clean Water Act. Both are waived. No amendment to the bill shall the chairman and ranking minority times they were met with strong bipar- be in order except those printed in the report member of the House Committee on tisan opposition which didn’t go any- of the Committee on Rules accompanying Transportation and Infrastructure. where. this resolution. Each such amendment may In addition, this resolution provides Now, the administration, with much be offered only in the order printed in the re- for a closed rule for consideration of of their work done in closed-door ses- port, may be offered only by a Member des- House Resolution 644, which condemns sion without local input, are trying to ignated in the report, shall be considered as the administration’s clear failure to draft a proposed administrative rule read, shall be debatable for the time speci- follow the law requiring 30 days’ ad- fied in the report equally divided and con- that takes the Supreme Court deci- trolled by the proponent and an opponent, vance congressional notification if any sions—it misconstrues their decisions shall not be subject to amendment, and shall terrorist detainees at Guantanamo are and manipulates their decisions, so not be subject to a demand for division of the to be released and condemning this ad- that, in effect, it turns the cases that question in the House or in the Committee of ministration’s policy of selectively ne- we are attempting to put limitations the Whole. All points of order against such gotiating with terrorists to secure the on what the Clean Water Act author- amendments are waived. At the conclusion release of an Army staff sergeant. ized the government to do and use that of consideration of the bill for amendment The rule provides for 1 hour of gen- as a justification for the Agency to the Committee shall rise and report the bill eral debate, equally divided between broaden its jurisdiction and increase to the House with such amendments as may have been adopted. The previous question the chairman and ranking member of the controls it has over waters of the shall be considered as ordered on the bill and the Armed Services Committee. United States and individuals. In so amendments thereto to final passage with- While these are separate issues, the doing, it actually harms people. out intervening motion except one motion to two separate pieces of legislation cov- Overregulation seems to be one of recommit with or without instructions. ered under this rule, unfortunately, this administration’s hallmark. This

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.014 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7308 CONGRESSIONAL RECORD — HOUSE September 9, 2014 bill, in a bipartisan manner, will ad- ter-like malaise, Wall Street is in a Korea, where we were looking for the dress the proper way to go about modi- mushroom boom, and somehow or remains of American soldiers to bring fying the Clean Water Act and its rela- other, the rich are getting richer, and them home. tion to Federal power, such that it will the poor are getting poorer, and the Now, I don’t know Bowe Bergdahl, not further stifle jobs, economic middle class is slipping into the lower and I certainly don’t know his family, growth, or hurt people, while it still class. but as a citizen of this country, I do protects the environment. Something is wrong with that pic- know this: five old men in Guantanamo The rule before us is still a good bill. ture, and we can do better as a society. that were exchanged—and yes, indeed, It deals with two vitally important I defy anybody to tell me that if you they were former members of organiza- pieces of legislation. I urge their adop- are a mother or father and you have tions that would do us harm, but they tion, and I reserve the balance of my one child and you work 8 hours a week are not likely to return to the battle- time. at $7.35 an hour anywhere in the United field at their age. Mr. HASTINGS of Florida. Madam States of America, how do you provide If so, then old people like me need to Speaker, I yield myself such time as I adequate child care, how do you probe in the war, and probably, we may consume. vide the necessary food for your child, wouldn’t have so many in the first I thank my friend, the gentleman and how do you provide the necessary place. Are their minds going to be uti- from Utah (Mr. BISHOP), for yielding medical services? lized? That may very well be the case, me the customary 30 minutes for de- I don’t believe that anybody believes but I don’t think all five of them put bate. that that can be done with such a lim- together were worth as much as one We are back here, and this is our first ited amount of resources for a family. American soldier, Bowe Bergdahl. legislation after a lengthy recess, and Americans who have lost their jobs Toward that end, I defy anybody to the fact of the matter is that, after through no fault of their own—compa- tell me that the Bergdahl family and next week, we will be on yet another nies moving all over the world to avoid those of us who believe that we should lengthy recess headed into the Novem- paying taxes in the United States of leave no soldier behind are not pleased. ber 4 election. America—I believe that those people We send our soldiers into harm’s way When we began this session, the 113th need help keeping food on the table. under the American flag, we assure Congress, the Speaker of the House We find students in our country, them that they will not be left behind, commented—and I won’t bother to young people that work here on Capitol and President Obama and Defense Sec- quote him, I will just summarize brief- Hill, and their brothers and sisters who retary Hagel made good on that prom- ly what he said—that this would be the are graduating from elite institutions, ise. most open legislative period that we online institutions, for-profit institu- Now, I am sorry that you object to have seen. tions, and State universities through- how we secured the safe return of one Ironically, today, dealing with these out this country are faced with crush- of our soldiers, but you don’t get to two pieces of legislation in this paring debt that keeps them from entering have it both ways. Instead of bringing ticular rule, we are seeing one portion the housing market, keeps them from bills to the floor that would help our of it structured, and for the 74th time— starting a family, or opening a small students, that would help those strug- count them, 74 times—we are dealing business. gling to find jobs, that would help with a closed rule. I know everybody agrees that women women get the pay they deserve, or What that means, America, is that deserve equal pay for equal work, but help small business owners, we get this your Representatives here in the House are we doing any of those things here? resolution which allows that you can of Representatives, on the subject of No. We are discussing a waterways have it both ways. We are glad he is legislation dealing with House Resolu- issue that isn’t going to go anywhere home, but we are not glad about how tion 644, having released Taliban pris- fast, and everybody here knows that. you brought him here. oners in exchange for Sergeant We are discussing the condemnation Let me say, hurriedly, too that I Bergdahl, your Representatives will of the President’s administration about think President Obama should have not be able to amend that legislation, a measure that I believe most of us given the 30 days’ notice. I for one and the general debate period will be would have done pretty much the same know that this matter in the intel- the only time that a limited number of thing, about whether or not there was ligence community was debated pre- Members, in 1 hour, will have an oppor- going to be a 30-day notice to the viously, but I don’t think anybody be- tunity to speak to the issue. House of Representatives. lieves that we should have left young I think that is wrong, as I think that No, we are not dealing with the fam- Mr. Bergdahl behind, and what would most of the closed rules previous to ily situations that exist in this country we be doing if we were standing here this 74th have been wrong. Let me has- as it pertains to poverty, we are not talking about he died in captivity and ten to add, when Democrats were in dealing at all with equal pay for equal we had that slight window of oppor- the majority—and I remember being work for women, while the resolution, tunity to bring him home. here in 1993 and hearing on the radio I repeat, condemns President Obama’s that Democrats were doing closed administration for action to ensure the b 1245 rules, I had not come to Congress, I safe return of an American soldier, Ser- Madam Speaker, the plan for the didn’t understand that dynamic, and geant Bowe Bergdahl; yet I know my next 2 weeks is to stoke up the base. Democrats did closed rules as well. friends on the other side of the aisle These are message measures. That is I don’t think that is right. I think celebrate Sergeant Bergdahl’s return all they are. It is just saying some- this body should operate openly. Even because this resolution even says it thing so you can go home to your base if it takes time for us to have Members right there in the text. and argue: Look what we did. We con- who choose to come down and debate Here is the quote: demned the Obama administration. We legislation, I think they should have Now, therefore, be it resolved that the repealed health care 52 times. that opportunity. House of Representatives expresses relief You aren’t passing laws and you Madam Speaker, there is a lot that that Sergeant Bergdahl has returned safely aren’t doing anything in a cooperative we could be doing this September. to the United States. way, institutionally, to allow both Americans need good-paying jobs. The I have been taught and all of us here sides to have input to measures that working poor who are making the min- believe, when our military is in harm’s are needed in this country in order for imum wage deserve to make a living way, we have had for years—and more us to go forward. wage. We have recently seen dem- recently, we have made ourselves gen- Thursday we will pass a continuing onstrations in 100 cities where people der perfect, but for years, we say we resolution and then we will hear a working at $7.35 or $8 an hour are dem- leave no man behind, we leave no sol- whole lot of sound and fury signifying onstrating, saying, ‘‘Give me a dier behind. exactly nothing but nonsense. chance.’’ I have been on missions with Repub- Welcome back, my friends, to Con- While the economy may be, as my licans and Democrats in this particular gress. good friend from Utah says, in a Car- body in places far away from here, in I reserve the balance of my time.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.016 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7309 Mr. BISHOP of Utah. Madam Speak- ees. It clearly states this. And if chang- remainder of this debate and any other, I agree with my friend from Florida ing or breaking that law isn’t enough, ers that I participate in. that significant issues need to be ad- the President released five of the most I reserve the balance of my time. dressed on this floor. Nothing is more dangerous detainees held at Guanta- Mr. BISHOP of Utah. Madam Speak- significant than the future of our water namo Bay. These Taliban leaders have er, I yield myself such time as I may rights, which does impact the econ- orchestrated plans to engage in hos- consume. omy, especially for areas of interest tilities against Americans and in asso- Madam Speaker, I appreciate the where that is significant, like agri- ciation with al Qaeda. By his own ad- comments that were made by the gen- culture. Because of that, I am glad to mission, there is the possibility that tleman from Florida just recently, ex- yield 3 minutes to the gentleman from these detainees would return to the cept that I would take exception to the Georgia (Mr. COLLINS). fight. idea that anything that we should Mr. COLLINS of Georgia. Madam As someone who has been in that bring to this floor has to be generated Speaker, I rise in strong support of this fight over the past 10 years and has and has to be passed by the Senate. rule and the underlying legislation. been over there, they do not need any I reject the idea that we have to get This rule will expand the regulatory help. They do not need their poster he- permission from that body to discuss jurisdiction of the EPA and Corps and, roes coming back to them and giving things here on the floor, and if they in turn, place more restrictions on them support, even though they have allow it to go forward, then, and only landowners who will fall under this been off the battlefield. This was then, would we bring something to the new umbrella of jurisdiction. wrong. floor, because this rule will bring a sig- It has been said many times from My friend from Florida says they are nificant piece of legislation that has to others that our side is, at best, message bills. be addressed dealing with a potential uncaring about the environment and, The SPEAKER pro tempore. The rule and regulation that deals with the at worst, we actually want to make the time of the gentleman has expired. waters of the United States that could environment terrible. I think what we Mr. BISHOP of Utah. Madam Speak- have enormous consequences—enor- have got to deal with here is the Clean er, I yield the gentleman an additional mous consequences not only for the Water Act has provided a good param- 1 minute. economy of this country, but also for eter and needs to be continued to work Mr. COLLINS of Georgia. Madam individuals who use the water and live because it has a clear direction and a Speaker, let’s be sort of open and with that water. clear parameter of how you bring in transparent, which is what the Amer- We have the potential of actually bodies of water and what is under that ican people want here. There is not a doing something positive by stopping a jurisdiction. bill that hits the floor of this House bad rule from going into effect by I think what has happened here and that is not a message bill. It sends a changing its direction and saying that what is a concern that I have heard message of the priorities of the Con- only Congress should be the one that from my constituents especially in gress. It sends a message of the prior- would change those concepts. Unfortu- north Georgia, and all over the country ities of the people that we represent. nately, if we don’t do that, we end up as I have traveled in the past few Yes, they are messaging bills. They are hurting people. And that is why I want weeks talking in different parts of the messaging bills for Florida. They are this rule to go forward and I want the country, is about what is the actual messaging bills for Georgia. They are underlying bill to go forward on water, role in dealing with this waters of the messaging bills for the American peo- because we have to stop hurting people. USA and what are we taking jurisdic- ple. What happened in this instance is Let me give you a story of an old tion from. the message was loud and clear from farmer in northern Utah I met when I This is not just an agricultural issue, the executive office, saying: I don’t was first elected. He was a very kindly Madam Speaker. This is also an inter- care what the law says, I am going to gentleman because, in his entire ordeal nal issue for the rural and urban areas, do it anyway. with the Federal Government, I never because what is being talked about That is a bad message, Mr. President, heard him say an unkind word. I, on here is taking under consideration nav- and we need to stop it. the other hand, will spend quite a few igable waterways that have never been The SPEAKER pro tempore. The years in purgatory about what I was thought of in my part of the world, Chair would request that Members re- saying about this situation not only many times, as any more than a dry frain from engaging in personalities to- verbally but inside my head. ditch, and they will simply say: We are ward the President. This gentleman had a problem be- not dealing with dry ditches. In fact, a Mr. HASTINGS of Florida. Madam cause he was renting a farm that had dry ditch will not be uncovered. How- Speaker, I yield myself such time as I been a family farm since the 1800s. He ever, there is a caveat that basically may consume, and I am glad to know was a sugar beet farmer, which, par- says that when water from that dry that I am personality enough to be rec- enthetically, I have to note for the ditch flows into another waterway, ognized. record, is a root crop that cannot be then it could be considered navigable. I understand the passion of my young grown in a wetlands. And I don’t know about anybody else, friend. I also understand an awful lot Nonetheless, his farm was watered by Madam Speaker, but in my part of the about the waterways in Georgia and irrigation that came from a valid right world, I have never seen a ditch run up- Florida and other areas of the United that came from a creek that was di- hill and stop. A ditch is running to States of America, and I appreciate his verted by a ditch. Around 1905, the somewhere. concern. creek was diverted to a higher level on This is simply a landgrab that takes The message bill that I get from the farm so that it would run there, land away from owners who could use these measures allows that, when we and the old waterbed became vacant. It this land in very productive and very know something is not going to pass became part of his sugar beet farm. carefully thought-out ways in their the United States Senate and reach a The water then went through a ditch own localities and States, and actually President’s desk, then what we are that irrigated that particular area. takes it away. This is nothing more, doing in the final analysis is just ad- Well, as the farmer for over 80 years, frankly, than a landgrab that is based dressing measures so that we can go to his family was growing sugar beets on on a desire to put political agendas the electorate and claim that we did this creekbed. As the gentleman’s sib- ahead of property owners. That is why something when, in fact, we did not. lings left the farm and his kids didn’t I support the rule and I will support And it is just that simple. want to take it over, this land became the underlying bill dealing with the Many of the measures that we have his inheritance that would provide for Waters of the USA Act. dealt with over the course of the 113th his retirement and an inheritance for I rise also in support of our under- Congress have been just that—meas- his kids to pass on. lying bill, as well. And we have got to ures that were designed to reach the It came to the point where it was re- understand that the law clearly states base of the party. And that is a prerog- zoned by the local community for com- the President shall notify Congress of ative, but it is not good legislating, mercial property, and the company any release of Guantanamo Bay detain- and I will stand by that throughout the gave him a very decent offer to try and

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.019 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7310 CONGRESSIONAL RECORD — HOUSE September 9, 2014 buy his old farm. This was back in 1993. It is important for Congress to sim- regulators abuse their authority. That But what it would require is to actu- ply say: No, we will no longer make does not characterize rulemaking, and ally fill up the old riverbed and run a rules in this country simply by agen- it can’t serve as a substitute for pro- pipe underneath the property so the cies deciding to expand their own con- tecting, not abusing, the American water would go from the original point trol where they have a terrible track public and its environmental safety. over to the neighbors. record and they actually hurt people. We have all grown accustomed to re- Everything was great until the Army We will say: If you are going to expand peated efforts here on the floor to gut Corps of Engineers came by and one it, it has got to be done by Congress— important environmental safeguards Army regulator saw them irrigating specifically by Congress—and not by that protect public health. the land, which was now used to grow rulemaking authority of some agency All told, my friends on the other side hay and not sugar beets, and declared of the Federal Government. of the aisle have had something like 200 that, since water was now pooled in That is the significance of this piece votes to block action to address cli- this land, it was a wetland. His rec- of legislation. That is why this legisla- mate change, to halt efforts to reduce ognition was that it was a wetland. tion has to come to the floor. That is air and water pollution, to undermine Now, the fact that no water reached why we are not wasting time. protections for public lands, coastal that land if the ditch was shut off This is not a message issue. This is areas, and the ecology. The bill that didn’t stop him from saying: This now something where people are being will be before us if this rule passes is is a wetland, and I get to regulate it harmed by the agencies of the Federal more of the same. under the Clean Water Act as waters of Government, and Congress must exert What really should alarm the Amer- the United States. its rightful role in trying to rein in ican public is the House majority’s ef- So the soil and conservation service these agencies and trying to write the fort to suppress and openly reject came in and conducted tests. They laws so these agencies will not simply science. They have done it in denying drilled 22 holes 8 feet or longer to find abuse people because they have the climate change. They have done it in out that under the topsoil is a level of power to abuse people. opposing commonsense protections clay, so no water would ever percolate I am sorry, Madam Speaker, but I against mercury, lead, and arsenic. up onto this land. The only way you consider that to be significant. I con- And today they want to throw out the got water there is if you opened the sider that to be our responsibility. If scientific findings of the proposed ditch to let water come back. Nonethe- the Senate doesn’t want to take up clean waterways rule and prohibit less, the Army Corps regulator still that responsibility, if the Senate wants them from being used moving forward. said: I declare this to be a wetland, and to still abuse people, then that can be Where does that end? I have jurisdiction over it under the their prerogative, but it should not This know-nothing kind of approach Clean Water Act regulations that we limit what we do here in the House in fails the public we are sworn to protect have. speaking out for our constituents. and serve and again abandons the The guy tried to prove his point by I reserve the balance of my time. model of environmental leadership putting in a pipe that shows that if you Mr. HASTINGS of Florida. Madam going back to the Republican days of actually ran the water past this area, Speaker, I am very pleased to yield 3 Teddy Roosevelt. nothing actually pooled on this land, minutes to the gentleman from Vir- The SPEAKER pro tempore. The to which he was threatened with jail ginia (Mr. CONNOLLY), my good friend. time of the gentleman has expired. time if he did not take the pipe that he Mr. CONNOLLY. I thank my good Mr. HASTINGS of Florida. Madam owned off the land that he owned from friend from Florida. Speaker, I yield the gentleman an addi- the water right that he owned, actually I listened to my friend from Utah and tional 1 minute. take that away. I heard him make reference to fact Mr. CONNOLLY. I thank my friend. We said: Look, no water actually ap- that he thought he might be spending We, as elected officials, have to rec- pears there normally. You go out there some time in purgatory. I just want ognize the valuable role science must and you can break a shovel trying to him to know that I rise in support of play in making good public policy—not dig up this wetland. How long will it him. I want to help him expiate what- anecdotes, science. I think Neil take before you recognize the fact that ever transgressions he has committed deGrasse Tyson said it best when he this is not a generating wetland? and lessen that time in purgatory by said: ‘‘The good thing about science is The regulator said: Well, you know, opposing this rule. I think that is how that it’s true whether you believe in it we are in a drought cycle. So maybe in we ought to begin. or not.’’ 7 to 15 years, if no water appears on Madam Speaker, here we go again. Let’s have science inform our public that land, we will actually not declare Should it surprise any of us that the policymaking and our legislation. I this a wetland and allow the owner of most antienvironmental House major- urge my colleagues to reject this rule the land to actually sell his property ity is once again engaging in science and the underlying repeat legislation. for his retirement and his inheritance. suppression and denial simply because Mr. BISHOP of Utah. I appreciate my My predecessor started this case. I they don’t like the findings and where friend from Virginia’s effort to try and met the man as I was early elected. Fi- they take us? save my mortal soul. You failed. nally, after 10 years of haggling with Whether it is one person or multiple b 1300 the regulators of the United States people being abused, abuse is wrong over what is or is not waters of the Apparently, the narrative is environ- and, unfortunately, we have two Su- United States, he simply got tired of mental regulations and rulemaking can preme Court decisions that have said doing it. He sold his land at one-quar- only be abuse. My friend from Utah the same thing: the agencies abuse ter of the value that a neighboring used that word. That is the choice: ‘‘Do their authority. It is time for Congress piece of property got for the same size you like being abused or not?’’ And I to step in. but had not been declared as wetlands find that not only something I have to Madam Speaker, I am happy to yield by a single regulator in the United reject, but I don’t think that is, in fact, 3 minutes to my good friend from States. the choice we face at all. Texas (Mr. GOHMERT). Now, why is this bill so significant? I think environmental regulation, Mr. GOHMERT. Madam Speaker, the Because this bill, if not put in some since we adopted rigorous standards in two bills that this rule brings before kind of parameters and checks, allows 1970 under the Richard Nixon adminis- the House today are critical. I have a the Federal Government to hurt peo- tration, a Republican President, actu- resolution here adopted by the County ple. It gives them the power and au- ally has served the American public, by Commissioners’ Court and Judge of thority to hurt people. Indeed, the di- and large, very well, the story my San Augustine County, and they state rection that this proposed rule is going friend from Utah tells about the farm- the obvious: would not limit the control the agen- er, the sugar beet farmer, notwith- Be it resolved that San Augustine County cies have over people’s lives. It would standing. strongly opposes the proposed new rule to significantly expand it. That is why it There may be anecdotes that are define waters of the United States in that it is so significant. compelling and where, indeed, Federal increases the need for burdensome and costly

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.020 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7311 permitting requirements, infringes on pri- to the gentleman from Kansas (Mr. At a town hall meeting I had in vate property rights, and circumvents the HUELSKAMP) to talk about this signifi- Grants Pass Saturday morning, three legislative process, thus, the will of the peo- cant issue. of them, 30 people there, this was their ple. Mr. HUELSKAMP. Madam Speaker, I number one issue. They are involved in Be it further resolved that Congress, not appreciate the time from my colleague Federal agencies, make the laws, and there- real estate. They are very, very upset, fore any such change in jurisdictional power from Utah, and thank you for the op- very concerned about what this could of the Federal Government should only occur portunity to be here today. do. as a result of the passage of Federal legisla- I was at the Kansas State Fair this Further, this regulatory overreach tion. past weekend, and the number one by the EPA blatantly ignores Congress’ We have a power grab in this admin- issue at the fair was this particular repeated rejection of similar legislative istration. It goes on and on. That is rule coming out of the EPA. I stopped efforts to expand jurisdiction of the why it is so critical to take up this bill, by the booth of the Kansas Farm Bu- Clean Water Act. to rein in the EPA in this effort at an reau, I heard it as I walked through the Of course, we shouldn’t be that sur- oligarchy, or actually, a monarchy, streets of the state fair: ‘‘Ditch the prised. The EPA has tried this before. where we just have rules spoken into rule.’’ And that is what we are trying They have been rebuked by the Su- law, or breathed into law in bureau- to do here, to make certain that EPA preme Court, twice in fact, in 2001 and cratic back rooms, taking private prop- regulators can’t go in the backyards, 2006. erty rights away. the farm ponds, the road ditches, every The EPA says this new rule was This needs to be dealt with on the place there might be a drop of water. meant to ‘‘clarify’’ the scope of the floor, and that is what this House Re- This is a radical redefinition from Clean Water Act, but I have heard publican majority is trying to do. the EPA, unelected, of course, trying across my district how the vague lan- Now, when it comes to the Taliban to redefine the current language of the guage in this proposal actually creates Five, it was very clear from the GAO Clean Water Act. It is so radical, more uncertainty, not less, more red conclusion that ‘‘when DOD failed to Madam Speaker, that a Congress con- tape, not less. And for our farmers and notify specified congressional commit- trolled by the other side of the aisle ranchers, property owners, and other tees at least 30 days in advance of its even refused to authorize these Oregonians and others that utilize our changes, so the EPA is trying to do an transfer of Guantanamo Bay detainees water and resources, it is a huge end run, as they have done on numer- to Qatar, DOD used appropriated funds threat. ous other accounts, trying, again, to in violation of section 8111 of the law.’’ I have long opposed expansion of this The law goes on, in part, and says rewrite clear law in reference to navi- authority, whether through legislation gable waters. that none of the funds appropriated or or administrative rulemaking. Detri- In western Kansas, where I farm, and otherwise made available in the act mental action of this size and scope where I have most of my constituents, should not be pushed by anyone, much may be used to transfer any individuals they are worried. What kind of place less by unelected bureaucrats. detained at the United States Naval have we come to in this country in The economies of rural Oregon and Station Guantanamo Bay. which average ordinary Americans, We also find out here, I have seen, other communities around the country whom we work for, whom the EPA face enough obstacles already. The bro- today, that the Taliban brothers over claims to work for, are worried about ken Federal forest policies have stran- in Afghanistan and Pakistan, one with those regulators? the Taliban Five that have been re- The State of Kansas will continue to gled our communities, often leaving leased, are saying they support and are regulate these issues. The EPA does only agriculture to grow jobs and com- brothers with the Islamic State that is not need additional authority. They bat unemployment rates that now are cutting off the heads of American citi- have stepped well beyond the bounds of still in double digits. zens. the authority we have given them as a We don’t need agencies in Wash- There is no question that the five Congress. ington erecting more hurdles and cre- murdering and complicit murderers I would encourage my colleagues to ating more uncertainty as our farmers that were released back to the Taliban allow us to proceed, to move forward and ranchers work to feed the world will kill Americans again. They will be on this rule, and then get to the under- and create jobs in rural communities. complicit in killing Americans again lying bill, which is to ditch the rule It is time to ditch this rule. even if their hands don’t actually do from the EPA. So I applaud Mr. SOUTHERLAND from that. Mr. HASTINGS of Florida. Madam Florida for writing this bill, and I ap- So the question I have, and I will Speaker, I continue to reserve the bal- preciate Chairman SHUSTER for helping yield to anybody that wants to answer ance of my time. to bring it to the floor. I urge its pas- it: What do you call somebody who Mr. BISHOP of Utah. Madam Speak- sage to stop yet another regulatory breaks the law to let lawbreaking er, I am pleased to yield 3 minutes to overreach by a Federal agency out of complicit murderers go free? What do the gentleman from Oregon (Mr. WAL- control, threatening jobs, threatening you call somebody that breaks the law DEN). private property rights, threatening to release murderers? Mr. WALDEN. Madam Speaker, I rural communities and our way of life. The SPEAKER pro tempore. The thank my colleague from Utah for his Mr. HASTINGS of Florida. Madam time of the gentleman has expired. leadership on this and many other nat- Speaker, I continue to reserve the bal- Mr. BISHOP of Utah. I yield the gen- ural resource issues. ance of my time. tleman an additional minute. All across Oregon, farmers and Mr. BISHOP of Utah. Madam Speak- Mr. GOHMERT. I am glad to yield to ranchers and other property owners are er, I am proud to yield 2 minutes to the anybody that has an answer. walking around their land wondering gentleman from California (Mr. CAL- Madam Speaker, hearing none, the what the EPA will regulate under the VERT) because if anyone can be consid- listener, those who have ears to hear, proposed rule to expand its Clean ered an expert on water issues in the should take note. This is a serious vio- Water Act jurisdiction. United States, it is the chairman of the lation. It is not merely an administra- Ranchers in eastern Oregon wonder Subcommittee on Interior Appropria- tive mistake. This has and will cost about their stock ponds. Wheat grow- tions, as well as a former member of American lives in violation of United ers in Columbia Basin worry about an the Natural Resources Committee. States law. It is time we reined in the intermittent stream adjacent to a Mr. CALVERT. Madam Speaker, lawbreakers. field. Fruit growers in Hood River and there is a clear sense in my district, Mr. HASTINGS of Florida. Madam onion growers in Ontario are concerned and I believe around the country, that Speaker, I would advise my colleague about their irrigation ditches. the constant expansion of the Federal from Utah that I have no additional This proposed rule is based on faulty Government and its bureaucratic red speakers, and I reserve the balance of science. It underestimates the tremen- tape is holding back our economy. my time. dous harm it poses to our rural econo- One the worst offenders of govern- Mr. BISHOP of Utah. Madam Speak- mies, so it is no wonder people are con- ment is the overreach of the EPA. The er, I am pleased now to yield 2 minutes cerned. proposed rule they jointly released

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.021 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7312 CONGRESSIONAL RECORD — HOUSE September 9, 2014 with the Army Corps attempts to regu- Mr. BISHOP of Utah. The only one to dialogue for authorization to be fol- late waters that were never intended to hear from now is I. lowed. be covered under the Clean Water Act, Mr. HASTINGS of Florida. With that, Madam Speaker, we are here for 2 and would grant them authority over I am prepared to close, and the only weeks, essentially, to finish a con- streams on land even when the water one he has to hear from is I, so we will tinuing resolution. The rest of the beds have been dry, in some cases, for speak to each other right about now. time, we will spend dealing with—and I hundreds of years. This is a serious Madam Speaker, I yield myself such repeat—messaging bills that won’t go threat to both private property rights time as I may consume. anywhere. That is what I mean when I and our economy. Madam Speaker, I would have say a messaging bill: you know it isn’t As the chairman of the Interior Ap- thought—and I was at home over the going to pass, and when you know it propriations Subcommittee, I have past month—that when we came back isn’t going to pass, all you are doing, worked along with our subcommittee here that we would be most imme- whether you consider it significant or members to try to rein in EPA’s regu- diately discussing matters pertaining not, is offering up a message for your latory overreach. to Iraq and the threat from ISIL and base. You are entitled, but let’s not kid The fiscal year 2015 bill prohibits the Ukraine and the ongoing matters. anybody about what we are doing. EPA from changing the definition of I guess I could twist myself into un- We need to stop calling this Congress navigable waters. It is absolutely crit- derstanding how the particular meas- the least productive ever because that ical that we uphold the Federal-State ure in dealing with the release of pris- implies that the Congress did some- partnership and prevent the adminis- oners from Guantanamo in exchange thing, in some kind of way or another, tration from finalizing a rule that re- for the life of Sergeant Bowe Bergdahl but not enough. sults in the biggest land grab in the could have some relationship to ter- In reality, this Congress—and this history of our country. rorism at large, but this morning, House specifically—far from being un- So we need to support this rule to while I normally do not look at tele- productive, has actively been destruc- bring this important legislation to the vision in the early hours, as I am not a tive and obstructive and detrimental to floor. And I certainly hope that all the fan of listening to the talking heads, I the interests of hardworking Ameri- Members will support it. have to come here and listen to their cans, repeatedly trying to undo the Mr. HASTINGS of Florida. Madam heads talk. fixes to our broken health care system, Speaker, I continue to reserve the bal- Toward that end, I did hear this quite frankly, and offering none; ance of my time. morning the Speaker of the House of defunding programs that help Ameri- Mr. BISHOP of Utah. Madam Speak- Representatives in his daily briefing on cans who have fallen on hard times, er, I am pleased to yield 2 minutes to the subject of ISIL. All of us anticipate not even passing measures to extend the gentleman from Alabama (Mr. ROG- tomorrow that President Obama will unemployment insurance; refusing to ERS). speak to the issue and will give us move on immigration reform and then greater clarity as needed, with ref- b 1315 casting aspersions when all of us know erence to the administration’s ap- Mr. ROGERS of Alabama. I thank that our immigration system is bro- proach to dealing with this particular ken. the chairman. subject. Yet we here in the House of Rep- Madam Speaker, I rise today in I raise it for the reason that I may resentatives in this instance—not in strong support of the rule and passage not get an opportunity to speak further the Senate, which did pass a bipartisan of H.R. 5078, the Waters of the United on the floor today or the subject may measure—will not even put an immi- States Regulatory Overreach Protec- not be at hand in the continuing reso- gration measure on the floor. No mat- tion Act of 2014. lution, although it may be, since fund- ter who said that they would do some- This legislation would stop another ing is going to be an issue. unlawful regulatory overreach by the I was distressed to hear when the thing when, I am saying that all you EPA which, in this case, would expand Speaker was asked—you could not hear have to do is put it on the floor, and I the definition of the waters of the the queries from four media represent- promise you that we could pass immi- United States. We have all seen that atives, but in each instance, his state- gration reform. this administration believes it can by- ment was that they were waiting for a Yet we refuse to address climate pass Congress to create laws through strategy from the administration. I change, and all of the naysayers—I executive rulemaking, and it is flatout don’t think we need to wait for a strat- spoke to a group that produced energy, wrong. egy from the administration. along with one of my Republican col- The administration’s proposed rule What I get a little bit tired of is hear- leagues and one of my Democratic col- could have damaging effects on Amer- ing people say that the administration leagues, during the break. During that ican property rights, particularly those needs a strategy—and they do—without period of time, I said, ‘‘Do you know in Alabama’s largest economic sector, having a strategy of their own. It something? Something is happening agriculture. Expanding the role of the would be similar to health care. We here. You can call it science, or you EPA, as this proposed rule does, to en- went through all of that business in can call it anything you want, but force almost all bodies of water, in- trying to repeal the Affordable Care something is happening here.’’ cluding puddles, small ponds, and Act, and we didn’t have a measure Madam Speaker, the gentlewoman ditches, will have a profound and, I come forward from my friends in the was not here earlier, and I am in clos- fear, a very negative impact on those majority offering what their plan is. ing, but I am happy to yield 1 minute who produce our Nation’s food and It is easy enough for us here on the to the gentlewoman from Texas (Ms. fiber. House of Representatives’ floor and in JACKSON LEE), if there is something she As we approach the 227th anniversary our respective offices in air-condi- wishes to add. of the ratification of the U.S. Constitu- tioned conditions to talk about very Ms. JACKSON LEE. I thank the gen- tion, I want to remind my colleagues complicated matters around the world tleman for his courtesy, for his time, that the Constitution created three and then talk about somebody else’s and for his very eloquent words. separate but equal branches of govern- needing a strategy when, in fact, we Very quickly, Madam Speaker, as I ment. The Congress writes the laws, don’t have one. The Speaker said it— indicated in the Rules Committee, not the executive branch. and I heard it eight times—that the what poor timing for a resolution, in This is an issue the Congress of elect- President needed to have a strategy, the midst of a crisis with ISIS, to be ed officials must address, not unelected but he refused to say that he has a able to criticize the President for using bureaucrats in Washington. I urge my strategy. his constitutional powers, and now, in colleagues to stand for common sense We have a responsibility. Senator a debate on ISIS, why he isn’t doing and support H.R. 5078. KAINE, I, and several others did request something. The American people are Mr. HASTINGS of Florida. Madam that we be called back into session, so confused. This is the wrong time for Speaker, does my friend have addi- that we could discuss this particular the wrong resolution. It has no pur- tional speakers? matter and give forth the necessary pose.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.022 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7313 I am grateful that Sergeant Bergdahl ‘‘legislative veto’’ power to be exercised by been fighting in Afghanistan for 13 years. is home. We don’t leave our soldiers be- only House of Congress held unconstitutional). Wars are messy and full of imperfect choices. hind. We looked at the heinous killing But even if it were less clear whether a con- In the decision to rescue Sergeant Bergdahl, we complied with the law, and we of our two precious journalists. Now, flict existed between a federal law and the did what we believed was in the best inter- we are asking for the great leadership President’s authority as Commander-in-Chief, ests of our country, our military, and Ser- of this administration, which it has as Justice Robert Jackson pointed out 62 geant Bergdahl. been doing, but this resolution is years ago in the famous ‘‘Steel Seizure The President has constitutional respon- wrong. Case,’’ Youngstown Sheet and Tube Co. v. sibilities and authorities to protect Amer- It is misdirected in law, and it is con- Sawyer, 343 U.S. 579, 640 (1952), it does not ican citizens and members of our armed flicting with law, and we have already forces. That’s what he did. America does not automatically follow that the President has leave its soldiers behind. addressed the question. I am not con- ‘‘broken the law’’ if he relies upon his claimed We made the right decision, and we did it demning the administration. I believe constitutional authority: for the right reasons—to bring home one of that this resolution should be pulled [B]ecause the President does not enjoy our people. off the floor. unmentioned powers does not mean that the I hold to the beliefs of the role of Congress Madam Speaker, I rise in opposition to the mentioned ones should be narrowed by a nig- in any declaration of war and the value and rule governing debate of H. Res. 644, and the gardly construction. Some clauses could be purpose of the Administration adhering to the underlying resolution. made almost unworkable, as well as immu- table, by refusal to indulge some latitude of rules of consultation with Congress. In this in- I oppose the resolution because at bottom it interpretation for changing times. I have stance the administration explained its rea- is nothing more than another partisan attack heretofore, and do now, give to the enumer- soning and Congress already through com- on the President and will make it difficult for ated powers the scope and elasticity afforded mittee hearings expressed its disagreement. this body and the Administration to find the by what seem to be reasonable, practical im- This resolution is nothing but political and common ground and goodwill needed to de- plications instead of the rigidity dictated by wholly without purpose and just simply wrong. vise and support policies needed to address a doctrinaire textualism. Madam Speaker, we should not waste this the real threats and challenges facing our Additionally, Madam Speaker, it should be precious time remaining on matters intended country, particularly the threat posed by ISIS. pointed out that the constitutionality of Section to score political points or to hold the current H. Res. 644, a resolution disapproving of 1035, the statutory provision which the resolu- President to standards we never applied to his the Obama administration’s failure to provide tion asserts the President has violated, has predecessors. Congress with 30 days advance notice before never been upheld by any court, and certainly I urge all Members to join me in opposing making the transfer of certain Guantanamo not upheld against a challenge that it the rule and the underlying resolution. detainees that secured the release of an impermissibly infringes upon the President’s Mr. HASTINGS of Florida. Con- American soldier, U.S. Army Sgt. Bowe duty as Commander in Chief to protect the tinuing, Madam Speaker, my friends in Bergdahl. lives of Americans abroad and to protect U.S. the majority shut the government Sgt. Bergdahl’s health was poor and rapidly servicemembers. down. I didn’t think that was helpful. deteriorating at the time his release from cap- The Administration strongly objected to the The matter of not dealing with immi- tivity was secured by his Commander-in-Chief, inclusion of Section 1035 in the National De- gration reform and climate change, I President Obama, who speaking for the na- fense Authorization Act for 2014, on the don’t think, makes our country better. tion, said on June 3, 2014 in response to crit- ground that it unwisely and inappropriately Their attempts to mold a conservative ics of his decision: interferes with the Executive Branch’s ability to utopia can never work outside the The United States has always had a pretty manage detainees in a time of armed conflict. pages of novels. sacred rule, and that is: we don’t leave our Indeed, the President has informed Con- This is a House whose leadership men or women in uniform behind. Regardless gress of his objection to the inclusion of these judges success not by how it has im- of the circumstances, we still get an Amer- and similar provisions in prior versions of the proved the lives of families in this ican soldier back if he’s held in captivity. Defense Authorization and Defense Appropria- country, but how successful it was to Period. Full stop. tions Act in law, and it is interesting to note thwart the President of the United Madam Speaker, the resolution condemns that they only began to be inserted after Presi- States. This is a body that would rath- the Obama Administration for failing to comply dent Obama assumed the office. er be trapped in gridlock than to go with the 30-day advance notice requirement Madam Speaker, not only is the resolution about the business of the country. imposed by Section 1034 of the National De- before us ill-conceived and unwise, its timing So we will live through these next 2 fense Authorization Act for Fiscal Year 2014 could not be worse. weeks, and then we will return to our (Public Law 113–66; 10 U.S.C. 801 note) and There are only a few days left before the districts. What will we tell our con- section 8111 of the Department of Defense Congress adjourns. We need to devote all our stituents that we accomplished in the Appropriations Act, 2014 (Public Law 113–76). time on addressing the real problems facing House of Representatives in the 113th I disagree for several reasons. First, as De- the American people, like raising the minimum Congress? We will tell them that we fense Secretary Hagel testified before the wage, making college more affordable, pass- condemned the President for refusing House Armed Services Committee on June ing immigration reform, and responding to the to leave an American prisoner of war 11, 2014, ‘‘this was not simply a detainee threat to the security of the nation and the behind. transfer, but a military operation with very high homeland by ISIS. How far are we going to follow an ex- risk and a very short window of opportunity Madam Speaker, the threat posed by ISIS is treme fringe minority down this path that we didn’t want to jeopardize—both for the serious and real and the President has into poverty? We have got 2 weeks. sake of Sergeant Bergdahl, and our operators reached out to Congress to work with him to Once again, House Republicans are in the field who put themselves at great risk to develop a unified and international response proving that they would rather put secure his return.’’ to meet the threat. partisan politics and petty intrigue As a military operation, rather than a routine And tomorrow evening, the President will first and discredit the President than transfer of detainees, the President had the address the nation on the nature of the ISIS to govern responsibly and address the constitutional authority as Commander-in-Chief threat and the actions the United States will many challenges facing our Nation. to authorize this sensitive military operation for take to protect the security of the nation and Madam Speaker, I urge a ‘‘no’’ vote which time was of the essence. the homeland. on the rule, and I yield back the bal- The resolution put forward by the House In the midst of this international crisis, it ance of my time. majority assumes that the provisions of Sec- does not help or strengthen our country for the Mr. BISHOP of Utah. Madam Speak- tion 1034 of National Defense Authorization House to be debating a partisan resolution er, in closing, historically, the wise use Act trump the President’s constitutional author- condemning the President and Commander-in- of water has made the desert bloom, ity under Article II if the two are in conflict. Chief. but much of my time and some of the This clearly is an erroneous assumption since In concluding, let me quote again Defense most egregious problems that I face Article VI of the Constitution makes clear that Secretary Hagel: deal with the overreach of executive the Constitution is the supreme law of the land The options available to us to recover Ser- agencies when it comes to water. To and prevails in the event of a conflict with fed- geant Bergdahl were few, and far from per- claim that their tactics are arbitrary eral or state law. See, e.g., INS v. CHADHA, fect. But they often are in wartime, and es- and capricious would be overly gen- 462 U.S. 919 (1983) (federal law conferring pecially in a complicated war like we have erous.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.023 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7314 CONGRESSIONAL RECORD — HOUSE September 9, 2014 The bottom line is the Supreme McCaul Reed Smith (NJ) NOT VOTING—23 McClintock Reichert Smith (TX) Court has twice said that the executive Bucshon Gosar Miller, Gary McHenry Renacci Southerland Cassidy Jones Nadler branch agencies have overreached their McIntyre Ribble Stewart Cicilline King (IA) Nunnelee authority. Twice there was legislation McKeon Rice (SC) Stivers Clark (MA) Lee (CA) Poe (TX) to try to expand that authority, which McKinley Rigell Stockman Clarke (NY) Lynch Rush failed miserably, and now what the Su- McMorris Roby Stutzman Davis, Rodney Maloney, Sewell (AL) Rodgers Roe (TN) preme Court said they could not do and Terry DesJarlais Carolyn Tierney Meadows Rogers (AL) Thompson (PA) Dingell Meng Vela´ zquez what Congress would not grant them to Meehan Rogers (KY) Thornberry do, the agencies are trying to accom- Messer Rogers (MI) Tiberi b 1352 plish by creating a rule to give them Mica Rohrabacher Tipton Miller (FL) Rokita Ms. FRANKEL of Florida, Messrs. powers that they ought not to have. Turner Miller (MI) Rooney Upton MORAN, BARROW, and COHEN That—I am sorry, Madam Speaker— Mullin Ros-Lehtinen Valadao changed their vote from ‘‘yea’’ to is simply wrong. The reason it is wrong Mulvaney Roskam Wagner ‘‘nay.’’ is that it hurts people. People trying to Murphy (PA) Ross Walberg Neugebauer Rothfus So the resolution was agreed to. live their lives find themselves frus- Walden Noem Royce Walorski The result of the vote was announced trated by executive agency overreach. Nugent Runyan Weber (TX) as above recorded. Nunes Ryan (WI) That is why Congress must indeed Webster (FL) Olson Salmon A motion to reconsider was laid on pass not only this resolution and rule, Wenstrup Owens Sanford the table. Westmoreland but also the underlying bill, and it Palazzo Scalise Stated for: Whitfield must move forward to make sure that Paulsen Schock Williams Mr. RODNEY DAVIS of Illinois. Madam Pearce Schweikert Congress controls these issues in the Wilson (SC) Speaker, on rollcall No. 484 I was unavoidably future, not an executive branch agen- Perry Scott, Austin Peterson Sensenbrenner Wittman detained. Had I been present, I would have cy. I have to reiterate that this rule is Petri Sessions Wolf voted ‘‘yes.’’ Womack fair, and the underlying legislation is Pittenger Shimkus Mr. BUCSHON. Madam Speaker, on rollcall appropriate. Pitts Shuster Woodall Pompeo Simpson Yoder No. 484, had I been present, I would have With that, Madam Speaker, I yield Posey Sinema Yoho voted ‘‘yes.’’ back the balance of my time, and I Price (GA) Smith (MO) Young (AK) Mr. KING of Iowa. Madam Speaker, on roll- move the previous question on the res- Rahall Smith (NE) Young (IN) call No. 484, I was not present to vote. Had olution. I been present, I would have voted ‘‘yes.’’ The previous question was ordered. NAYS—179 f The SPEAKER pro tempore. The Barrow (GA) Grayson Neal Bass Green, Al Negrete McLeod question is on the resolution. Beatty Green, Gene Nolan WATERS OF THE UNITED STATES The question was taken; and the Becerra Grijalva O’Rourke REGULATORY OVERREACH PRO- Speaker pro tempore announced that Bera (CA) Gutie´rrez Pallone TECTION ACT OF 2014 Bishop (GA) Hahn Pascrell the ayes appeared to have it. Bishop (NY) Hanabusa Pastor (AZ) GENERAL LEAVE Mr. HASTINGS of Florida. Madam Blumenauer Hastings (FL) Payne Mr. SHUSTER. Madam Speaker, I Speaker, on that I demand the yeas Bonamici Heck (WA) Pelosi ask unanimous consent that all Mem- and nays. Brady (PA) Higgins Perlmutter Braley (IA) Himes Peters (CA) bers have 5 legislative days to revise The yeas and nays were ordered. Brown (FL) Hinojosa Peters (MI) and extend their remarks and include The vote was taken by electronic de- Brownley (CA) Holt Pingree (ME) extraneous materials on H.R. 5078. vice, and there were—yeas 229, nays Bustos Honda Pocan Butterfield Horsford Polis The SPEAKER pro tempore. Is there 179, not voting 23, as follows: Capps Hoyer Price (NC) objection to the request of the gen- [Roll No. 484] Capuano Huffman Quigley tleman from Pennsylvania? Ca´ rdenas Israel Rangel YEAS—229 Carney Jackson Lee Richmond There was no objection. Aderholt Crawford Harris Carson (IN) Jeffries Roybal-Allard The SPEAKER pro tempore. Pursu- Amash Crenshaw Hartzler Cartwright Johnson (GA) Ruiz ant to House Resolution 715 and rule Amodei Culberson Hastings (WA) Castor (FL) Johnson, E. B. Ruppersberger XVIII, the Chair declares the House in Bachmann Daines Heck (NV) Castro (TX) Kaptur Ryan (OH) Bachus Denham Hensarling Chu Keating Sa´ nchez, Linda the Committee of the Whole House on Barber Dent Herrera Beutler Clay Kelly (IL) T. the state of the Union for the consider- Barletta DeSantis Holding Cleaver Kennedy Sanchez, Loretta ation of the bill, H.R. 5078. Barr Diaz-Balart Hudson Clyburn Kildee Sarbanes Barton Duffy Huelskamp Cohen Kilmer Schakowsky The Chair appoints the gentleman Benishek Duncan (SC) Huizenga (MI) Connolly Kind Schiff from Texas (Mr. POE) to preside over Bentivolio Duncan (TN) Hultgren Conyers Kirkpatrick Schneider the Committee of the Whole. Bilirakis Ellmers Hunter Cooper Kuster Schrader Bishop (UT) Farenthold Hurt Courtney Langevin Schwartz b 1356 Black Fincher Issa Crowley Larsen (WA) Scott (VA) Blackburn Fitzpatrick Jenkins Cuellar Larson (CT) Scott, David IN THE COMMITTEE OF THE WHOLE Boustany Fleischmann Johnson (OH) Cummings Levin Serrano Accordingly, the House resolved Brady (TX) Fleming Johnson, Sam Davis (CA) Lewis Shea-Porter Bridenstine Flores Jolly Davis, Danny Lipinski Sherman itself into the Committee of the Whole Brooks (AL) Forbes Jordan DeFazio Loebsack Sires House on the state of the Union for the Brooks (IN) Fortenberry Joyce DeGette Lofgren Slaughter consideration of the bill (H.R. 5078) to Broun (GA) Foxx Kelly (PA) Delaney Lowenthal Smith (WA) preserve existing rights and respon- Buchanan Franks (AZ) King (NY) DeLauro Lowey Speier Burgess Frelinghuysen Kingston DelBene Lujan Grisham Swalwell (CA) sibilities with respect to waters of the Byrne Gardner Kinzinger (IL) Deutch (NM) Takano United States, and for other purposes, Calvert Garrett Kline Doggett Luja´ n, Ben Ray Thompson (CA) with Mr. POE of Texas in the chair. Camp Gerlach Labrador Doyle (NM) Thompson (MS) Campbell Gibbs LaMalfa Duckworth Maffei Titus The Clerk read the title of the bill. Capito Gibson Lamborn Edwards Maloney, Sean Tonko The CHAIR. Pursuant to the rule, the Carter Gingrey (GA) Lance Ellison Matheson Tsongas bill is considered read the first time. Chabot Gohmert Lankford Engel Matsui Van Hollen The gentleman from Pennsylvania Chaffetz Goodlatte Latham Enyart McCarthy (NY) Vargas Clawson (FL) Gowdy Latta Eshoo McCollum Veasey (Mr. SHUSTER) and the gentleman from Coble Granger LoBiondo Esty McDermott Vela West Virginia (Mr. RAHALL) each will Coffman Graves (GA) Long Farr McGovern Visclosky control 30 minutes. Cole Graves (MO) Lucas Fattah McNerney Walz Collins (GA) Griffin (AR) Luetkemeyer Foster Meeks Wasserman The Chair recognizes the gentleman Collins (NY) Griffith (VA) Lummis Frankel (FL) Michaud Schultz from Pennsylvania. Conaway Grimm Marchant Fudge Miller, George Waters Mr. SHUSTER. Mr. Chair, I yield 2 Cook Guthrie Marino Gabbard Moore Waxman minutes to the Congressman from Flor- Costa Hall Massie Gallego Moran Welch Cotton Hanna McAllister Garamendi Murphy (FL) Wilson (FL) ida (Mr. SOUTHERLAND), who is the Cramer Harper McCarthy (CA) Garcia Napolitano Yarmuth original sponsor of H.R. 5078, the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.024 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7315 Waters of the United States Regu- In proposing its latest version of reg- posal to redefine the scope of jurisdic- latory Overreach Protection Act. ulations defining ‘‘waters of the United tion under the Clean Water Act and the I think it is a thoughtful piece of leg- States,’’ the EPA claims to be attempt- unilateral approach the agencies took islation. ing to provide clarity. It claims to be developing this rule. The agencies’ at- Mr. SOUTHERLAND. Mr. Chair, I ap- attempting to provide certainty for tempt to expand their jurisdiction preciate the efforts of you and Ranking multitudes of Americans who have under the Clean Water Act will have Member RAHALL, and those efforts, how been left perplexed by Clean Water Act serious consequences for the Nation’s they have advanced this bipartisan jurisdiction for many years. economy, threaten jobs, and restrict piece of legislation. I would also like to Without a doubt, confusing and con- landowners from making decisions thank Subcommittee Chairman GIBBS flicting Supreme Court decisions have about their property. for giving this issue the urgent atten- helped to create a regulatory jumble. In my subcommittee hearing earlier tion that it deserves. But the EPA’s proposed new regula- this year, we discovered that the EPA For more than 40 years, America’s tions are doing little, if anything, to could not identify a single State that waters have been made cleaner and clear and calm those murky and roiling supports this rule. Under the Clean safer by a balanced regulatory partner- regulatory waters. Water Act, the States are supposed to ship between the States and the Fed- These proposed regulations have only act as coregulators with the Federal eral Government. The basis for this stirred up more worry, aggravation, Government, and this partnership has partnership was a commonsense under- and, frankly, anger. In truth, the only enjoyed much success over the years. It standing that not all waters are sub- certainty that these regulations pro- is unfortunate that the agencies have ject to Federal jurisdiction and that vide is the sure knowledge that, under chosen to take a closed-door approach the States must have the primary re- them, anyone undertaking nearly any to this rulemaking instead of engaging sponsibility for regulating waters with- activity involving so much as a ditch in a proper and transparent process in their own boundaries. in the United States will have to deal working with their State counterparts. But, now, decades of success have with the bureaucracy known as the Mr. Chairman, H.R. 5078 will put an been put at risk under the guise of EPA. end to the EPA’s overreach and will en- I stand here today voicing the sheer clarifying the scope of the Federal ju- sure that any new rule is adopted open- dread and utter frustration of enter- risdiction. ly and responsibly, and takes into con- prises and individuals across southern Under its proposed rules, Federal sideration the concerns of the State, West Virginia—from coal miners and agencies like the EPA and the Army local governments, and other stake- coal mining families to farmers and Corps of Engineers would see their reg- holders. Mr. Chairman, I strongly urge farming families to builders and busi- ulatory authority under the Clean all Members to support this bipartisan nesses, large and small. We have seen Water Act drastically expanded, to the bill. firsthand how this EPA uses its limited Mr. RAHALL. Mr. Chairman, I am point of covering almost any body of legal authorities to drive a broad and very honored at this time to yield 4 water throughout America, from growing ideological agenda. We have minutes to the gentleman from New ditches to culverts to pipes to water- seen this EPA use permits to threaten York (Mr. BISHOP), the distinguished sheds to farmland ponds. our coal industry, browbeat our State, ranking member of our Subcommittee This would have devastating con- and elbow out other federal agencies. on Water Resources and Environment sequences on virtually every major sec- And we have witnessed this EPA’s cold on our Transportation Committee, al- tion of our economy, including farm- and callous disregard for how its politi- though we are not in full agreement on ing, construction, manufacturing, cally driven agenda is affecting the this measure. transportation, and energy develop- lives of hardworking West Virginia Mr. BISHOP of New York. Mr. Chair- ment. families. man, I thank my friend and our rank- That is why I have introduced H.R. The proposed regulations concerning ing member from West Virginia for 5078, the Waters of the United States ‘‘waters of the United States’’ cer- yielding and for his leadership on the Regulatory Overreach Protection Act tainly amount to an expansion of T&I Committee. of 2014. Our bipartisan bill draws a line EPA’s reach into waters never before Mr. Chairman, I rise in strong opposi- in the sand that preserves the critical envisioned by the Congress to be sub- tion to H.R. 5078. Last session, the Re- Federal-State partnership in place ject to the Clean Water Act. They publican majority pushed through a today. would stake out Federal Government rider to the Energy and Water Appro- By preventing the EPA and the Corps oversight of areas long reserved to the priations bill to block this administra- of Engineers from finalizing or imple- States. If implemented, they would en- tion from using Agency guidance to menting the proposed rule, we are pro- tail more than a power grab; they clarify how they would interpret two viding a safeguard against the Federal would result in a land grab, enabling confusing decisions of the U.S. Su- Government’s overreach into regu- EPA to dictate to more and more citi- preme Court that called into question latory decisions best made by officials zens just how they can use their own the protections of the Clean Water Act at the State and local levels. property. over our Nation’s waters. We are also requiring the EPA and I stand with our coal miners, our At that time, the Republican major- the Corps to consult with the State and farmers, our builders, and our manu- ity claimed that this use of administra- local officials to form a consensus pro- facturers. Our citizens need—and cer- tion guidance was unprecedented and posal on the scope of the future water tainly they are owed—clarity and cer- in violation of the law, notwith- regulations under the Clean Water Act. tainty. For the EPA to claim that standing the fact that the previous ad- This bill is not anti-environment. It these proposed regulations answer that ministration followed the exact same is not anti-clean water. Our bill pre- need, well, one has to wonder just what process in issuing two guidance docu- serves the partnership we have had in is in the water over at the EPA head- ments which, coincidentally, remain in place for years to strengthen the quarters. force today. In fact, it is these two health of our waterways and manage I support the pending measure, and I Bush-era guidance documents that our water quality, and it does so in a reserve the balance of my time. have compounded the confusion, uncer- way that maintains certainty for our Mr. SHUSTER. Mr. Chairman, it is tainty, and increased compliance costs job creators. now my honor to yield 1-1/2 minutes to faced by our constituents today. the gentleman from Ohio (Mr. GIBBS), b1400 But don’t take my word on this. Let the chairman of the Water Resources me quote from some of the comments For these reasons, I urge all of my Subcommittee. made in opposition to the Bush-era colleagues to support this bipartisan Mr. GIBBS. Mr. Chairman, I rise in guidance. According to the American bill. support of H.R. 5078, the Waters of the Farm Bureau Federation and others: Mr. RAHALL. Mr. Chairman, I yield United States Regulatory Overreach With no clear regulatory definitions to myself such time as I may consume. Protection Act of 2014. guide their determinations, what has Mr. Chairman, I rise in strong sup- Mr. Chairman, I have serious con- emerged is a hodgepodge of ad hoc and incon- port of H.R. 5078. cerns about the administration’s pro- sistent jurisdictional theories.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.027 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7316 CONGRESSIONAL RECORD — HOUSE September 9, 2014 Again, according to the American subcommittee on several critical areas. overreach that threatens their liveli- Farm Bureau Federation and others: I have questioned the agencies to en- hood and ultimately this Nation’s eco- The Bush administration guidance is caus- sure that the scope of the proposed rule nomic success. ing confusion and added delays in an already lives solely within the confines of the Mr. RAHALL. Mr. Chairman, I yield burdened and strained permit decision- two Supreme Court decisions on this 4 minutes to the gentleman from Or- making process, which ultimately will re- matter; otherwise, such changes would egon (Mr. DEFAZIO), a very valued sult, and is resulting, in increased delays and require an act of Congress. member of our committee. He is also costs to the public at large. The CHAIR. The time of the gen- the ranking member of the Committee Finally, according to the Waters Ad- tleman has expired. on Natural Resources. vocacy Coalition: Mr. RAHALL. I yield the gentleman Mr. DEFAZIO. It is unfortunate that Until a comprehensive set of rules regard- an additional 1 minute. we are here today. We have departed ing which water bodies the agencies will reg- Mr. BISHOP of New York. Mr. Chair- from reality, which would be the dis- ulate is promulgated, the public and Agency man, I have asked for Agency assur- tricts we represent, where I just spent field staff will be beleaguered by partial an- ance that this proposed rule does not 5 weeks, and now we are back inside swers, confusing standards, and ad hoc, expand the scope of the Clean Water overbroad, and arbitrary decisions per- the Beltway. And we are doing things taining to the scope of Federal jurisdiction. Act jurisdiction over what was covered in this case that we know will never by prior rulings of the Supreme Court. In April of 2011, over 150 Members of become law, but we do have an oppor- Again, I have been assured that this is tunity actually to do something real this House wrote to the Environmental the case. Protection Agency and to the Corps re- and allay the concerns—legitimate I have asked the Agency staff to clar- concerns—of farmers, ranchers, and questing that a proposed guidance doc- ify that these proposed rules do not ument of the Obama administration be others who feel that the EPA is either eliminate any existing statutory or overreaching or has written a some- reconsidered. In that letter, these regulatory exemptions for agriculture, Members suggested: what garbled rule. I would agree with including activities on prior converted that. If the administration seeks to make regu- cropland. Again, we have been assured But instead of approaching it in a latory changes to the Clean Water Act, a no- by the Agency that all of the existing tice-and-comment rulemaking is required. measured way and saying we want to exemptions for farming, silviculture, be certain that you are not doing this, In the intervening months, this is ex- and ranching in the current Clean and we want to be certain that you are actly what the administration has Water Act and regulations remain in doing this, this would say that any- done. In 2012, the administration chose place. thing and everything that they have to withdraw the proposed 2011 guidance In my view, this is not a perfect pro- considered over the last 2 years in de- document and instead pursued a no- posed rule—few are—but it does estab- veloping this rule is now ineligible for tice-and-comment rulemaking to ad- lish a reasonable process for providing future consideration. Well, what does dress much of the confusion, uncer- additional clarity on Clean Water Act that mean? Well, it means that the de- tainty, and increased costs surrounding protections that we desire. To suggest termination that certain things are ex- the scope of the Clean Water Act pro- that the solution is to simply throw empt, well, we probably can’t revisit tections. out this proposed rule and to forever those. Can we use the Court’s decision However, many of these same Mem- leave the regulated community with or any of those documents? Seems not. bers who asked for a formal rule- the current regulatory morass simply So where do we end up if this making are now vehemently opposed to makes no sense. cockamamy thing passes the House and this rulemaking going forward. I have Mr. Chairman, I urge a ‘‘no’’ vote on becomes law—which it won’t? Well, to ask why? Are these Members op- H.R. 5078. I thank the ranking member where we end up is back in the earlier posed to providing greater clarity on for his indulgence. era of the 2003 and 2008 guidances. And the scope of Federal Clean Water Act Mr. SHUSTER. Mr. Chairman, it is many of the groups that are here today protections? Are they opposed to try- now my honor to yield 1 minute to the supporting this unbelievably broad ing to reduce the confusion and uncer- gentlewoman from Michigan (Mrs. MIL- overreach are actually groups who had tainty facing our regulated commu- LER), the chair of the House Adminis- objected strenuously to what the Bush nities while at the same time trying to tration Committee. administration did in the 2003 guidance ensure that our network of waters and Mrs. MILLER of Michigan. Mr. and the 2008 guidance. wetlands are protected from pollution Chairman, recently, I met with about Here is a quote from the American or destruction? 600 farmers at an annual gathering in Farm Bureau, 2003: Opponents of this rulemaking are my district which we call Dinner on trying to portray this as a Federal at- No clear regulatory definitions to guide the Farm, where local farmers express their determinations. What has emerged is a tempt to regulate birdbaths, puddles, their concerns over the negative im- hodgepodge of ad hoc and inconsistent juris- and driveways, but both common sense pact EPA’s proposed regulations would dictional theories. and the testimony of representatives of have on their businesses. 2008, American Farm Bureau: the EPA and the Corps before our com- The Michigan Farm Bureau actually mittee would confirm that these were Guidance is causing confusion, added showed me this map of my district delays in an already burdened and strained never subject to Clean Water Act juris- which shows what could be subject to permit decisionmaking process which ulti- diction, nor would they be subject to Federal regulation if the proposed EPA mately will result and is resulting in in- the act under the administration’s pro- rule is actually adopted. And high- creased delays and costs to the public at posed rule. lighted are the water sources that large. In short, this is not a debate about would be impacted. It actually ex- Then, on the other side, groups such the Federal Government trying to reg- cludes wetlands because then it would as the National Wildlife Federation ulate someone’s backyard birdbath, but cover my entire district, including just and Ducks Unlimited also found the ob- it is about ensuring that those waters about anything that includes moisture. jections of the 2003 and 2008 guidances and wetlands that provide hundreds of Mr. Chairman, this is another shock- to be totally inadequate, and, of millions of Americans with their ing example of this administration try- course, the Supreme Court itself split drinking water, provide vital protec- ing to do an end run around the Con- 4–1–4 on one of the guiding documents tion to our towns and communities, gress and the legislative process with behind this. and provide valuable habitat to our na- more overreaching regulations that tive fish and wildlife are protected. will drive up food prices for American b 1415 Mr. Chairman, to be fair, several of families. So instead of wading in, rolling up my own constituents have expressed By stopping the EPA from expanding your sleeves, and acting like legisla- concern with the substance of the pro- their scope and requiring the Agency tors, you are acting like idiot posed rule. I have listened to their con- to coordinate with States, this legisla- ideologues here today. You are saying cerns, and I have pressed the Agency tion will help to protect this Nation’s nothing that was considered in devel- witnesses who have appeared before our agricultural community from Federal oping this rule can ever be used again

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.028 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7317 to develop a future rule. What does eral officials back to the drawing board However, the new definition of Fed- that mean? That means you are stuck to work with State and local leaders on eral waters is so vague that it is impos- with a 2003–2008 guidance, which all a jurisdictional water rule that makes sible to know what standards you will these groups found to be disturbingly sense for our economy and our environ- need to prove. This rule will cost my inconsistent, expensive, causing unnec- ment. constituents time, money, and jobs. essary delays, and we need new guid- Mr. RAHALL. Mr. Chairman, I am Mr. Chairman, I support this bill be- ance. We do need new guidance. We do very happy at this time to yield 2 min- cause sometimes a mud puddle is just a need new definition. utes to the gentleman from Minnesota mud puddle. There are some who have the agenda (Mr. PETERSON), a strong supporter, the Mr. RAHALL. Mr. Chairman, at this of wanting to repeal the Clean Water cosponsor of this legislation, original time, it is my pleasure to yield 4 min- Act altogether. Let’s go back to the cosponsor of it, and the ranking mem- utes to the gentlelady from Ohio (Ms. good old days, when you could light a ber of the Committee on Agriculture. KAPTUR), a very powerful lady on the match and watch the Cuyahoga River Mr. PETERSON. Mr. Chairman, I Committee on Appropriations, the burn or when the Willamette River in thank the gentleman. ranking member on Energy and Water Oregon was an open sewer. Let’s go I rise today in strong support of H.R. Development. back to those good old days before the 5078, the Waters of the United States Ms. KAPTUR. Mr. Chairman, I thank Clean Water Act. Regulatory Overreach Protection Act. the ranking member, Mr. RAHALL, for No, I don’t think the American peo- As others have said, H.R. 5078 would his great leadership and consider it a ple want to go there, and I don’t think prohibit the EPA and the Army Corps privilege to speak today. a majority in this House want to go of Engineers from redefining waters of Let me inform this House why it there, but instead of fixing and lim- the United States under the Clean should vote down this death bill—yes, iting the problems and the potential Water Act. death bill. defects of this incompetent rulemaking The bill would also prohibit imple- This is a jar of algae, toxic to hu- that is ongoing and is, at this point, mentation of the interpretive rule for mans and animals. It was just drawn from Lake Erie, one of our great fresh- only proposed, perhaps the Agency agriculture which, while it probably water lakes, a drinking source for some itself will wake up and withdraw and was meant to provide some clarity to 11 million people. revise the rule. farmers and ranchers, only creates On August 2, this green muck filled That is what public comment periods more confusion and is bad for agri- with toxic microcystin surrounded the are all about; but no, we are going to culture. Toledo drinking water intake, leaving preempt it before then and say nothing This legislation is necessary because, over half a million people with no safe that went into developing this rule can in my view, the EPA does not seem to drinking water for 3 days. It almost ever be considered again in developing understand the real world effects that seemed surreal. One of America’s big- another rule. You are stuck with some- these regulations will have on farmers gest cities and regions with no fresh thing that doesn’t work, which these across the country. drinking water. same groups object to. We still don’t have any clear defini- Now, the region that our watershed It is just very sad that we are aren’t tion of a wetland in agriculture, an drains is 85 percent agricultural. How a legislative body anymore. You take issue that is dating back to the fortunate we are. In fact, it is the larg- someone who has got a tough race, you eighties and nineties. Maps used by the est watershed in the entire Great give them a bill, they go out and rah- USDA were unclear then and often mis- Lakes, but allowing farm field runoff of rah-rah, they pretend they did some- labeled wetlands. This rule would not manures and fertilizers, applied at four thing, and they go home and get re- clarify it. It would only add more to times the rate of 20 years ago, with ex- elected, instead of really doing some- the uncertainty that we are facing in cessive phosphorous and nitrogen that thing. that regard. feed the growth of this green muck, is Mr. SHUSTER. Mr. Chairman, I urge In my State, the USDA’s Natural Re- simply no longer acceptable. the gentleman from Oregon to go back sources Conservation Service has done The number of people who live in our and read the second part of the bill— a great job working with farmers to en- tristate watershed totals 2 million, the last half of the bill. He may find a courage voluntary conservation efforts. Ohio, Indiana, Michigan, and of course, little different perspective on it. This rule would severely disrupt those with Canada even more; but the num- With that, I yield 1 minute to the positive efforts. ber of animals in the watershed is 10 to gentlewoman from West Virginia (Mrs. I urge my colleagues to support this 15 times the human population. The CAPITO). legislation. manure load of those animals—com- Mrs. CAPITO. Mr. Chairman, I want Mr. SHUSTER. Mr. Chairman, can I pared to 20 years ago—spread on the to thank the chairman of the full com- inquire as to how much time is remain- land, even in the wintertime, contrib- mittee and the ranking member as ing on each side? utes, with increasing rainfall, to the well. The CHAIR. The gentleman from pollution that then drains to places I stand in strong support of H.R. 5078 1 Pennsylvania has 24 ⁄2 minutes remain- like Toledo. because it represents another adminis- ing. The gentleman from West Virginia Utility rates are going up—what are tration overreach that will impact our has 161⁄2 minutes remaining. they going to do? How are they going entire economy. Under the vague regu- Mr. SHUSTER. Thank you, Mr. to afford the bills to pay to clean up lation proposed by the EPA and the Chairman. the pollution from a massive tristate Corps, Federal power will grow and tie I now yield 1 minute to the gen- and, indeed, international watershed? up our agriculture, construction, and tleman from Pennsylvania (Mr. Instead of helping clean up our water energy industries in even more red BARLETTA). for future generations, this Republican tape. (Mr. BARLETTA asked and was bill takes America backwards. Do you Expanding the scope of Federal juris- given permission to revise and extend know what I say? Shame on you. diction will require many more Clean his remarks.) Shame on you. Air permits, which will mean more per- Mr. BARLETTA. Mr. Chairman, I Today, the United States Environ- mitting delays, and more permitting rise in support of the bill. mental Protection Agency recognizes delays means fewer jobs. For 4 decades, the Clean Water Act that harmful algal blooms are a major During the August recess, I traveled has worked as a strong partnership be- environmental problem in all 50 States, all across the State of West Virginia tween the Federal Government and the with severe impacts on human health. and met with farmers who were par- States. This bill protects that partner- The Toledo water plant and what ticularly concerned, construction ship against the proposed rule from the happened to us is a severe warning for workers, miners, and many others, who EPA and the Army Corps of Engineers. our country, and we better pay atten- are very, very upset about the EPA’s I have heard from many of my con- tion. Communities are incurring mas- regulatory assault that is costing us stituents that this rule would force sive costs for water treatment as a re- West Virginia jobs. them to prove that large mud puddles sult of pollution and toxic algae be- We should support this bill today, re- and ditches on their property are not cause our water plants have to some- ject this proposed rule, and send Fed- federally regulated waters. how clean this mess up and then send

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.030 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7318 CONGRESSIONAL RECORD — HOUSE September 9, 2014 fresh drinking water to our citizens. understand that, but nevertheless, I for part of the year—yet they receive These costs are being paid not by the rise in opposition to this regressive leg- 40 percent of all individual wastewater polluters, but by the ratepayers down- islation. discharges. That is what the problem stream at the receiving end of the With very few days remaining before is. More than 117 million Americans muck—how unfair. this Chamber adjourns, we are wasting get some of their drinking water from I am back here in Washington, fight- what limited floor time remains debat- these very streams that don’t flow ing for our lake. Our citizens must turn ing a legislative proposal that this year-round. Shouldn’t their drinking this green muck back into blue water Chamber has already passed and the water be safe from toxic elements? to sustain life itself. One of the ways Senate has rejected. If this measure were to be enacted, it we start is by defeating this bill. It is Today, we will be voting for the 218th would only ensure that the confusion an embarrassment to the country at time—the 218th time this session—to continues and that these sources of this point in our history. weaken existing laws that protect our drinking water remain a serious risk to I can tell you, to the people who still health and the environment that we the public’s health. That is why I urge don’t know what their future holds in depend upon. my colleagues to oppose this bill. places like Toledo and along Lake Erie, Later this week, we will vote for the Mr. SHUSTER. Mr. Chairman, it is I urge my colleagues to oppose this 53rd time to weaken the Affordable now my pleasure to yield 1 minute to bill. Reject the dead water direction in Care Act, which the American people the gentleman from California (Mr. which it leads America because it isn’t are beginning to realize is actually MCCARTHY), the Republican leader. just this generation, but it is those working on their behalf. Mr. MCCARTHY of California. I that follow that we should be voting None of these measures that have thank the gentleman for yielding. for here in this House. I urge defeat of passed this session or will pass the Mr. Chairman, I rise today against an this measure. House this week will become law. The unlawful expansion of Federal power. I want to thank Congressman President has already said if it passes, The EPA’s attempt at an unprece- RAHALL and those who understand he will veto it, and my friend knows dented power grab will ultimately sad- what it takes to build a great nation. that. In fact, he reminded me. We know dle hardworking Americans, small Let us do something worthy in our he is going to veto that if it were to businesses, and farmers with new, oner- time and generation. pass, so you would think this is kind of ous regulatory burdens. Mr. SHUSTER. Mr. Chairman, I yield a misguided and wasteful use of this in- Under this proposed new rule, the 1 minute to the gentleman from Okla- stitution. EPA will be able to claim jurisdiction homa (Mr. MULLIN). We are planning on only 6 full legis- over almost all bodies of water in the Mr. MULLIN. Mr. Chairman, I rise lative days before the election, and we U.S. So, along with the bays and rivers, today in support of H.R. 5078. are using one of those days on such a EPA’s hand will extend over streams, As you have heard from many Mem- fruitless exercise. How about address- ponds, ditches, and even storm water bers today, the EPA’s proposed rule is ing the problems at our border or pass- runoff. Beyond sounding ridiculous, a clear overstep of authority. Back in ing an extension of unemployment ben- this rule will impact farmers, energy my home State of Oklahoma, ranchers efits or even passing a budget, which is producers, and any private citizens and farmers have been very clear that one of our most basic responsibilities? that use their land for economic or rec- this rule would significantly limit Instead of doing something useful reational purposes. It is harmful and their operations. and productive that might become law, unnecessary. As a rancher myself, I understand we will again vote on a measure to pre- I live in the West. The West is bur- and agree with their concerns. The def- vent the Corps of Engineers and the dened right now with the drought. inition of ‘‘navigable waters,’’ as stated Environmental Protection Agency Some of that drought is based upon ex- and written by the EPA, would put all from finalizing their joint proposed cess regulations that choose fish over farmers and ranchers on notice that rule clarifying the limits of Federal ju- people, and that water will run out to they are no longer in charge of their risdiction under the Clean Water Act. the ocean because of a regulation and a own land. From now on, they will have lawsuit. to ask permission to get a permit or to b 1430 I have seen where regulatory effects operate their own land the same way This is what the Supreme Court in- and burdens have gone before. I have a they have for many years. structed us to do. This rule is nec- town in my community called Taft. It In summary, this would be an un- essary. It is our responsibility. EPA is a hardworking town like many of precedented land grab by our govern- and the Corps of Engineers need to you have. The EPA has been a part of ment through the EPA and the bureau- clarify their authority because there is it before. It is a town that could be crats of Washington, D.C. The EPA is a lot of confusion on what falls under anywhere in America. simply out of touch with rural Amer- the protection of the Clean Water Act Taft had a waterway, the EPA said, ica. following two Supreme Court rulings. called Sandy Creek. The only chal- I stand with our farmers and our Clarity will also help the States that lenge, though, in Sandy Creek is it was ranchers when I say it is time to stop use the Federal definition to operate a dry ditch. It had been dry for 30 the EPA’s overreach and their redefini- their State water protection programs. years. So when they came to me and tion of navigable waters. Ninety percent of what the EPA does is they wanted to be able to move for- Mr. RAHALL. Mr. Chairman, at this in fact carried out by the States. ward, they found that the Federal Gov- time, I am happy to yield 4 minutes to The proposed rule clarifies that most ernment was trying to impose a per- the gentleman from Virginia (Mr. seasonal and rain-dependent streams mitting regulation of excess regulation MORAN), who is leaving this august are not affected. Wetlands near rivers on this private land. I had to person- body, but certainly, we will continue to and streams are not included. Other ally call them, and they said: No, you rely upon his wisdom and friendship, types of waters that may have more cannot do it because of the creek. I had wisdom that is except on this par- uncertain connections with down- to drive an individual all the way out ticular bill, the ranking member of the stream water will be evaluated through to the dry dirt and sit them in the dry Subcommittee on Interior and Envi- a case-specific analysis of whether the creekbed until finally they said ‘‘yes.’’ ronment on the Committee on Appro- connection is or is not significant. EPA Under the new bill, Sandy Creek will priations. and the Corps have encouraged rec- not be dry anymore because that bur- Mr. MORAN. Mr. Chairman, I want to ommendations from the public for how densome regulation can possibly be thank my good friend from West Vir- best to determine whether a water back on them. It could be redesignated, ginia, and I understand where we sit is body has a significant connection to and we will not be able to grow again. where we stand. The gentleman has al- downstream waters. Mr. Chairman, we are struggling with ways been in the forefront of pro- My colleagues, an estimated 59 per- job creation in America. We are strug- tecting his citizens in West Virginia cent of all stream miles in the lower 48 gling with small businesses trying to and his workforce, including the mine States fall into the category of inter- make ends meet. Milk prices are at an workers of West Virginia, and I fully mittent or ephemeral—they don’t exist alltime high. Why would we burden

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.034 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7319 America with more regulation? Why trict are very concerned that this rule This year, EPA proposed a rule to re- would we not unshackle what holds us could add new permitting requirements define the waters of the United States back and let us be able to grow and let for farming activities like irrigation under the Clean Water Act. This rule people keep their private land and pro- ponds and drainage ditches. expands Federal control of land and tect our water, but do it in a sense that That is right. The EPA, which is the water resources across the Nation. This has common sense? same Agency that inexplicably re- rule would trigger an onslaught of ad- Mr. RAHALL. Mr. Chairman, I am leased the personal information of live- ditional permitting and regulatory re- happy to yield 3 minutes to the gen- stock producers, is now telling farmers quirements to protect not our great tleman from Illinois (Mr. ENYART), who ‘‘just trust us’’ when it comes to this natural resources but, rather, our is on the Agriculture Committee and new rule. There is a trust gap between backyard ponds and agricultural an original sponsor of the legislation. the EPA and the agricultural commu- ditches. He has been of tremendous help in nity. One of my priorities is trying to These requirements would extend to moving this forward. bridge that gap. every landowner, farmer, and rancher. Mr. ENYART. I thank the gentleman Instead of this proposed rule, the What this means for farmers and for yielding. EPA and the Corps of Engineers should ranchers is that their normal business Mr. Chairman, today I rise in support engage with States and local govern- activities for the production of food of this legislation and to share my con- ments to produce a more commonsense would be subject to even more permit- cern about overreaching jurisdiction in approach to regulating our waterways. ting requirements or faced with pen- the proposed rulemaking expanding the I urge my colleagues to support this alties. Traditional conservation guide- reach of the EPA and the Army Corps bill, the WOTUS Regulatory Overreach lines which were once voluntary will of Engineers. Protection Act. become mandatory or the farmer will I have spent the last 5 weeks talking Mr. RAHALL. Mr. Chairman, I re- be subject to fines and vulnerable to to constituents in my district, meeting serve the balance of my time. lawsuits. with landowners, and discussing legis- Mr. SHUSTER. It is now my pleasure In this rulemaking, EPA assumes dis- lation with my agriculture advisory to yield 1 minute to the gentleman cretion never intended or granted by committing, talking to leaders from from Florida (Mr. JOLLY). Congress through which Federal agen- small communities and large cities Mr. JOLLY. Mr. Chairman, I rise in cies would be empowered to make deci- alike. support of this legislation and in oppo- sions, and those decisions could be Again and again, I hear the same sition to the EPA’s Waters of the U.S. made in an arbitrary fashion. thing: southern Illinoisans believe the Act. H.R. 5078 blocks the Agency from fi- Army Corps of Engineers and the EPA I represent Pinellas County, Florida, nalizing, implementing, and enforcing went too far rewriting the Federal Gov- a district that lies between the Gulf of this rule. It preserves States’ rights, ernment’s jurisdiction over waters of Mexico and Tampa Bay, surrounded by ensures the Obama administration the United States. The Federal Govern- water and prone to flooding and storm consults States and local officials on ment is claiming to have jurisdiction runoff. So, like many coastal commu- any future proposal to regulate and over small private property waterways. nities, this is an important issue to us. protect our Nation’s waters under the The biggest concerns voiced by con- EPA issues can be divisive—we know Clean Water Act. Protecting our natural resources is a stituents were over the new areas that that—but they need not be. My mes- noble cause and one that the agricul- would become waters of the U.S. Under sage today is not one of anger. It is tural community stands solidly behind, the proposed rule, many ditches, small simple common sense. We can do bet- but this proposal is an underhanded ponds, and low spots in fields could be ter. The EPA can do better and the way to harm American agriculture and considered within the purview of the Corps can do better. threaten America’s food security. Federal Government. This is not a debate over clean water. Mr. Chairman, I urge my colleagues Farmers and growers already protect Everybody in this body supports clean to join me in supporting this bill. their waters. They need it for live- water. But this is a debate over the ex- Mr. SHUSTER. Mr. Chairman, I yield stock, orchards, soybean fields, and panded jurisdiction of a Federal Agen- 1 minute to the gentleman from Ne- cornfields. Our Nation’s farmers are cy and the current overreach of that braska (Mr. TERRY). the first conservationists of our time. Agency. In this case, this legislation is Mr. TERRY. Mr. Chairman, I rise in Additionally, I am further concerned opposed by a variety of interests, from favor of this bill and against the EPA’s about the lack of scientific analysis agriculture, shopping centers, cham- ditch rule. and economic outlook used to deter- bers, homebuilders, manufacturers, If this rule were to go forward, two mine the scope of jurisdiction. Our transportation interests, but very im- things would assuredly occur: less clar- farmers, land owners, communities, portantly, by counties and mayors like ity of what waters are jurisdictional and our country’s waterways deserve many in my district who spoke to me under the Clean Water Act for our better planning than this. They deserve in August. farmers and ranchers, and more over- detailed studies and thoughtful execu- We are called as Members of this reach of jurisdiction by the EPA. tion. Our constituents sent us to Wash- body to represent our communities. This rule joins a long list of initia- ington to keep their best interests in Let’s do that today. Let’s represent the tives undertaken by the Agency which mind, not to pile on more red tape in a interests of our communities. This is would increase the regulatory burden blanket fashion. not a moment for ‘‘Washington knows on Nebraska’s farmers, ranchers, busi- I urge you to join me and take into best,’’ because Washington does not nesses, and everyday citizens. consideration those who will be af- know best in this case. In my State, multiple organizations fected by the proposed expansion of the Mr. Chairman, we can do better. In banded together to fight this rule. The EPA and the Corps’ power. this case, let’s send it back and insist group calls itself Common Sense Ne- Mr. SHUSTER. Mr. Chairman, it is on a better rule. braska Coalition. It includes folks that now my pleasure to yield 1 minute to Mr. SHUSTER. Mr. Chairman, it is you would expect, such as farmers and the gentleman from Illinois (Mr. ROD- now my pleasure to yield 11⁄2 minutes ranchers, but what is interesting is NEY DAVIS). to the gentleman from Oklahoma (Mr. that so many others have heard about Mr. RODNEY DAVIS of Illinois. Mr. LUCAS), the chairman of the Agri- this and joined in the fight, including Chairman, the EPA is at it again, this culture Committee. the Nebraska Chamber of Commerce, time with an overly burdensome rule Mr. LUCAS. Mr. Chairman, I rise Nebraska Bankers Association, county that would expand their reach and today in support of H.R. 5078, the officials, resource districts, the Water power to regulate under the Clean Waters of the United States Regu- Resources Association, homebuilders, Water Act. latory Overreach Protection Act. general contractors, and the Rural I have heard from roadbuilders, The Environmental Protection Agen- Electric Association. They have all homebuilders, and small businesses cy is once again seeking to overstep its joined in this cause because of its un- who are concerned about this over- authority, and we are here to remind certainty and massive jurisdiction reach. In particular, farmers in my dis- them of the balance of powers. under the EPA.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.032 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7320 CONGRESSIONAL RECORD — HOUSE September 9, 2014 My State supports this bill, and I Waters of the United States bill, this changing crops or maintaining their al- stand proudly with them. important piece of legislation. ready manmade irrigation systems, Mr. SHUSTER. Mr. Chairman, I yield Mr. Chairman, I have heard from thus, in the process paralyzing farmers 11⁄2 minutes to the gentleman from farmers, ranchers, contractors and who are waiting months and months or Texas (Mr. SMITH), former chairman of even homeowners across my district even years for EPA or their cohorts in the Judiciary Committee and now a and across this country. They have had the Army Corps to decide these legal member of the Science and Technology enough of regulatory overreach by the activities can continue to go on, other- Committee. administration and the EPA. wise they will be subject to huge fines. Mr. SMITH of Texas. First of all, let As many of my colleagues have al- This is form of tyranny that is a gi- me thank the chairman of the Trans- ready stated, this bill will stop this ad- gantic overreach and needs to be portation Committee, the gentleman ministration from using a pen and a stopped. That is why I support H.R. from Pennsylvania (Mr. SHUSTER), for phone to unfairly target those who are 5078 as a way to limit EPA back to the yielding. our greatest stewards of our land, the proper role of actually watching out Mr. Chairman, Science Committee farming and ranching families of this for clean waters, not regulating to the investigations revealed that the EPA country. last drop every water drop in the prepared State maps that show the I urge all of my colleagues to support United States. widespread impact of their proposed this legislation. Government should fa- Mr. SHUSTER. Mr. Chairman, I yield regulations. As you can see by the col- cilitate businesses, not hinder them. 1 minute to the gentleman from Vir- ored areas on this map, the EPA plans Mr. SHUSTER. Mr. Chairman, I yield ginia (Mr. HURT). to regulate nearly every square inch on 1 minute to the gentleman from Indi- Mr. HURT. Mr. Chairman, today I the map. More detailed maps of every ana (Mr. STUTZMAN). rise in support of this regulatory over- State can be found on our Science Mr. STUTZMAN. I thank Chairman reach protection act. I believe that it is Committee’s Web site, SHUSTER for bringing the Waters of the safe to say that no one has a greater science.house.gov. United States Regulatory Overreach interest in protecting our water re- The EPA’s rewriting of the law is an and Protection Act to this body. sources than our Nation’s farmers, unprecedented expansion of Federal Mr. Chairman, this administration farmers who depend on clean water for control over Americans’ private prop- has continually tried to expand the their livelihood. erty, and these maps make that clear. role of the Federal Government in the Just last month, I met with many The Waters of the United States Regu- everyday lives of American families, farmers across Virginia’s Fifth District latory Overreach Protection Acts stops and now the EPA wants to regulate al- who expressed their grave concern the EPA and protects Americans from most all bodies of water throughout about the Federal Government’s uni- the President’s drive to regulate pri- the country, including ditches, pipes, lateral expansion of the Clean Water vate property. and even farmland ponds. Act far beyond that intended by Con- After meeting with many of my congress. This overreach will add huge b 1445 stituents back home throughout the costs for our farmers and the millions I thank the gentleman from Florida month of August, I know that my fel- of American families that depend upon (Mr. SOUTHERLAND) for taking the ini- low farmers, whom I sat with in Indi- them. tiative on this bill, and I thank the ana, and those of any other State don’t That is why I ask my colleagues to chairman again for yielding me time. I want or need more regulatory over- join me today in supporting this com- urge my colleagues to support this leg- reach from Washington, D.C. monsense, bipartisan bill to stop this islation. From irrigation for crops to water administration’s sweeping overreach The CHAIR. The gentleman from for livestock, farmers feed us and the on American farms. West Virginia has 61⁄2 minutes remain- world with this precious resource. This Mr. RAHALL. Mr. Chairman, I yield ing, and the gentleman from Pennsyl- legislation is an opportunity to main- myself the balance of my time. vania has 16 minutes remaining. tain the relationship between local and Mr. Chairman, I want to first com- Mr. SHUSTER. Mr. Chairman, it is Federal officials already established in mend the chairman of our Transpor- now my pleasure to yield 1 minute to the Clean Water Act. tation and Infrastructure Committee, the gentleman from New York (Mr. I would like to thank Chairman SHU- Mr. SHUSTER, for bringing this legisla- COLLINS). STER, Ranking Member RAHALL, and tion forward and commend the staff on Mr. COLLINS of New York. I thank the rest of Committee on Transpor- both sides of the aisle for the work in the gentleman from Pennsylvania for tation and Infrastructure for their hard producing this bill. I commend the gen- yielding. work on this issue. I urge my col- tleman from Florida (Mr. Mr. Chairman, expanding the scope of leagues to support this very important SOUTHERLAND) as well. ‘‘waters of the United States’’ is a dan- bill for rural America. This legislation is truly about giving gerous expansion of authority strongly Mr. SHUSTER. Mr. Chairman, I yield the American people and giving our opposed by the farmers in my western 11⁄2 minutes to the gentleman from States a say in what is theirs and in New York district. California (Mr. LAMALFA). the direction that they wish for the In May, I led a bipartisan letter with Mr. LAMALFA. I appreciate the people within their borders. Mr. SCHRADER of Oregon, supported by chairman yielding me time here today Much has been said about the home- a majority of this House, asking the on this very important measure. builders’ support for this bill, the con- EPA and the Army Corps of Engineers We have seen the EPA now trying to tractors’ support for this bill, and to withdraw this overreaching rule. claim jurisdiction over virtually every many, many, many other organiza- EPA officials have testified that they body of water in the United States, tions. But I have two quotes here from realize this rule, as drafted, is con- puddle or not, navigable or not, man- the National Association of Home fusing and needs modification, but they made or natural, year-round or just Builders and the Associated General have refused to withdraw the rule and even seasonal. In order to protect these Contractors. start over. waters, the EPA claims it needs to con- These individuals are on the ground. I ask my colleagues to join me in trol vast amounts of land surrounding They know what the effect is, the day- supporting H.R. 5078, the bipartisan these waters. to-day effect of policy that emanates legislation that will address this prob- Now, the residents of my district in or regulations that are promulgated lem. northern California are already famil- from our Nation’s Capital. Mr. SHUSTER. Mr. Chairman, it is iar with this type of regulatory act. In These are the individuals that pro- now my pleasure to yield 1 minute to California, the EPA is already ignoring vide jobs for our people. As I said, they the gentleman from Florida (Mr. clear exemptions for farming activities are on the ground, on the front lines YOHO). that have been going on for years and every day trying to provide those jobs Mr. YOHO. Mr. Chairman, I want to years and are even in the law as ex- for our people, and in an environ- congratulate my friend and colleague, empt; this, in order to pursue massive mentally sound way, I might add, as STEVE SOUTHERLAND, for crafting the fines against family farmers simply for well.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.033 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7321 Mr. James Tobin has written Mem- by the administration is yet another success, the Obama Administration has re- bers of Congress on behalf of the Na- example of the disturbing pattern as cently proposed a rule that would significantly tional Association of Home Builders, this Presidency seeks to use brute alter this partnership by increasing Federal and he says, and I quote: force to expand executive action while oversight of our nation’s waters. For home builders, this proposed rule adds ignoring Congress and the Supreme The Administration’s proposal would dra- confusion and increases the cost and time Court. matically expand the definition of ‘‘waters of needed to obtain a Federal wetlands permit I would urge all the Members, all 435 the United States’’ under the CWA, potentially prior to home construction. The costs of this Members of this body, to look seriously placing ditches, drainages, creeks, and even rule will increase the price of a home at a at this piece of legislation and what seasonally wet areas under Federal jurisdic- time when home construction is beginning to this administration is trying to do. The recover from the devastating effects of the tion. Additionally, the U.S. Army Corps of En- economic downturn. Many American fami- President tries to grab Congress’ legiti- gineers (Corps) and the Environmental Protec- lies will be priced out of the housing market mate constitutional authority. And if tion Agency (EPA) issued an interpretative if this rule is finalized in its current form. you have any doubts on that, the Su- rule that would increase regulation of our na- That hits home. That hits home to preme Court, twice, rejected a rule- tion’s farms by narrowing an exemption under the young people of this Nation seek- making by the EPA. the CWA for certain agricultural practices. As ing to buy their first-time home. It I think all 435 of us ought to be look- such, this proposed interpretative rule will neg- speaks to those seeking to refinance ing closely, whether it is a Republican atively impact farmers and growers in Eastern their homes. It speaks to a key sector or a Democrat administration, at these Washington and throughout the nation. of our economy that provides jobs and power grabs by the executive branch. It I support the Waters of the United States provides a future for this country that has gone on for far too long, and Con- Regulatory Overreach Protection Act of 2014 many of our young people are looking gress needs to stand up and maintain because it seeks to rein in the Administration’s to improve. its constitutional authority. overreach into our nation’s waters. First, this The Associated General Contractors This is a massive Federal jurisdiction bill prohibits finalization and implementation of has written Members of Congress. grab. In the 110th and the 111th Con- the proposed rule expanding Federal regu- Their senior executive director, Mr. gresses, there were attempts through latory authority over bodies of water currently Jeff Shoaf, has said that we must find various committees and through var- managed by or jointly with the States. Addi- ‘‘a more predictable definition to clear- ious amendments which were rejected tionally, this bill prohibits the interpretative rule ly differentiate those waters that are on a bipartisan basis to stop this. which expands Federal regulation of our na- regulated by the Federal Government H.R. 5078, introduced by our col- tion’s agricultural communities. The legislation from those that fall under the jurisdic- league, Mr. SOUTHERLAND, simply pre- also requires the EPA and the Corps to en- tion of State and local governments.’’ vents the EPA and the Corps from fi- gage in a ‘‘federalism consultation’’ with State In my opinion, it is time that this nalizing the ill-conceived proposed and local governments to help identify which EPA recognize that our States do have rule, and directs the agencies to con- bodies of water should be federally regulated a say in the future of regulations that sult with the States and local officials. and which should be left to the states. In affect people within their borders. That is the way forward, going back to short, H.R. 5078 restores the Federal-State Unfortunately, we have seen too our States and our local governments. partnership envisioned by Congress when it many instances, as I said in my open- They care as much or more about the passed the CWA. ing comments, where this EPA has waters in Pennsylvania and West Vir- I believe regulation of our nation’s waters overreached. It has reached beyond ginia and California and Oregon than must be done in a manner that balances the what its legal authority is in trying to the EPA does. This notion in Wash- need to responsibly protect the environment promote an ideological agenda that is ington that Washington has the great- with the economic needs of our communities. not good for the heartland of America, er concern, that Washington has the To that end, I support H.R. 5078 because it the true areas that have built this better idea, the one-size-fits-all, just ensures that we can continue to protect our country and provided jobs for our peo- doesn’t work, and it has been proven waters without unreasonable and burdensome ple in the past, and can provide jobs to time and time again. regulation. I urge my colleagues to support a very talented and available work- So again, this stops the administra- H.R. 5078, the Waters of the United States force that is available, if only given a tion proceeding. It has a path forward. Regulatory Overreach Protection Act of 2014. chance to work without further intru- I would urge my colleagues to read all The CHAIR. All time for general de- sion from the EPA. nine pages of this bill. If you get to the bate has expired. So I conclude, and, again, commend end, you will see there is a way for- Pursuant to the rule, the bill shall be my chairman for bringing this bill forward, and that is to consult with the considered for amendment under the 5- ward, and urge all Members to support States and the locals to come up with minute rule and shall be considered as the pending legislation. a consensus rule that can result in rea- read. Mr. Chairman, I yield back the bal- sonable regulatory process that pro- The text of the bill is as follows: ance of my time. tects our waters. H.R. 5078 Mr. SHUSTER. Mr. Chairman, I will So, with that, Mr. Chairman, I sup- Be it enacted by the Senate and House of Rep- conclude and yield myself the balance port this legislation. I urge all Mem- resentatives of the United States of America in of my time, first, by thanking Mr. bers to vote in favor of H.R. 5078, and I Congress assembled, RAHALL for working with us to come yield back the balance of my time. SECTION 1. SHORT TITLE. forward with a commonsense approach Mrs. McMORRIS RODGERS. Mr. Chair, I This Act may be cited as the ‘‘Waters of to stopping another grab by the execu- rise today in strong support of H.R. 5078, the the United States Regulatory Overreach Pro- tive branch. Waters of the United States Regulatory Over- tection Act of 2014’’. I also want to thank Congressman reach Protection Act of 2014. I commend SEC. 2. RULES AND GUIDANCE. STEVE SOUTHERLAND from Florida, who Chairman SHUSTER and the members of the (a) IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN WATER ACT.— introduced H.R. 5078. Mr. SOUTHERLAND House Transportation and Infrastructure Com- (1) IN GENERAL.—The Secretary and the Ad- has been a leader on the water issue mittee for their work on this important legisla- ministrator are prohibited from— since he arrived in Congress. tion. (A) developing, finalizing, adopting, imple- As we have been talking about here, For over forty years, the quality of our na- menting, applying, administering, or enforc- and as Mr. RAHALL agrees, this pro- tion’s waters has been managed through a ing— posed rule would significantly increase partnership between individual States and the (i) the proposed rule described in the notice the geographic scope of the Federal Federal Government. This relationship, estab- of proposed rule published in the Federal Government’s authority under the act lished by the Clean Water Act (CWA), recog- Register entitled ‘‘Definition of ‘Waters of and is outside the bounds of what can nizes that some waters are more effectively the United States’ Under the Clean Water Act’’ (79 Fed. Reg. 22188 (April 21, 2014)); or legitimately be done by the rule- regulated by local stakeholders and state offi- (ii) the proposed guidance submitted to the making. cials than the Federal Government in Wash- Office of Information and Regulatory Affairs It also is going to create great uncer- ington, DC. This partnership has led to less of the Office of Management and Budget for tainty within the many industries in pollution and cleaner water for Eastern Wash- regulatory review under Executive Order this country. The rulemaking proposed ington and our nation. Despite decades of 12866, entitled ‘‘Guidance on Identifying

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.035 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7322 CONGRESSIONAL RECORD — HOUSE September 9, 2014 Waters Protected By the Clean Water Act’’ eral Water Pollution Control Act can be at- Mr. BISHOP of New York. Mr. Chair- and dated February 17, 2012 (referred to as tained by means other than through a new man, I have an amendment at the desk. ‘‘Clean Water Protection Guidance’’, Regu- regulatory proposal. The CHAIR. The Clerk will designate (c) REPORTS.— latory Identifier Number (RIN) 2040–ZA11, re- the amendment. ceived February 21, 2012); or (1) IN GENERAL.—Not later than 12 months (B) using the proposed rule or proposed after the date of the enactment of this Act, The text of the amendment is as fol- guidance described in subparagraph (A), any the Secretary and the Administrator shall lows: successor document, or any substantially publish in the Federal Register a draft report Beginning on page 3, strike line 7 and all similar proposed rule or guidance, as the describing the recommendations developed that follows through page 4, line 20, and in- basis for any rulemaking or decision regard- under subsection (a). sert the following: ing the scope or enforcement of the Federal (2) CONSENSUS REQUIREMENT.—The Sec- (a) IN GENERAL.—The Secretary and the Water Pollution Control Act (33 U.S.C. 1251 retary and the Administrator may include a Administrator are prohibited from imple- et seq.). recommendation in the draft report only if menting any final rule that is based on the (2) USE OF RULES AND GUIDANCE.—The use consensus has been reached with regard to proposed rule described in the notice of proof the proposed rule or proposed guidance de- the recommendation among the Secretary, posed rule published in the Federal Register scribed in paragraph (1)(A), any successor the Administrator, and the State and local entitled ‘‘Definition of ‘Waters of the United document, or any substantially similar pro- officials consulted under subsection (a). States’ Under the Clean Water Act’’ (79 Fed. posed rule or guidance, as the basis for any (3) FAILURE TO REACH CONSENSUS.—If the Reg. 22188 (April 21, 2014)) if such final rule— rulemaking or decision regarding the scope Secretary, the Administrator, and the State (1) expands the scope of the Federal Water or enforcement of the Federal Water Pollu- and local officials consulted under sub- Pollution Control Act (33 U.S.C. 1251 et. seq.) tion Control Act shall be grounds for section (a) fail to reach consensus on a regu- beyond those waterbodies covered prior to vacating the final rule, decision, or enforce- latory proposal, the draft report shall iden- the decisions of the U.S. Supreme Court in ment action. tify that consensus was not reached and de- Solid Waste Agency of Northern Cook County v. scribe— (b) EXEMPTION FOR CERTAIN AGRICULTURAL U.S. Army Corps of Engineers (531 U.S. 159 (A) the areas and issues where consensus CONSERVATION PRACTICES.— (2001)) and Rapanos v. United States (547 U.S. was reached; (1) IN GENERAL.—The Secretary and the Ad- 715 (2006)); ministrator are prohibited from developing, (B) the areas and issues of continuing dis- (2) is inconsistent with the judicial opin- finalizing, adopting, implementing, applying, agreement that resulted in the failure to ions of Justice Scalia or Justice Kennedy in administering, or enforcing the interpretive reach consensus; and the Rapanos decision; rule described in the notice of availability (C) the reasons for the continuing disagree- (3) increases the regulation of ditches when published in the Federal Register entitled ments. compared to existing Federal Water Pollu- ‘‘Notice of Availability Regarding the Ex- (4) DURATION OF REVIEW.—The Secretary tion Control Act regulations or guidance; emption from Permitting Under Section and the Administrator shall provide not (4) eliminates historical statutory or regu- 404(f)(1)(A) of the Clean Water Act to Certain fewer than 180 days for the public review and latory exemptions for agriculture; Agricultural Conservation Practices’’ (79 comment of the draft report. (5) increases the scope of the Federal Water Fed. Reg. 22276 (April 21, 2014)). (5) FINAL REPORT.—The Secretary and the Pollution Control Act with respect to Administrator shall, in consultation with (2) WITHDRAWAL.—The Secretary and the groundwater; Administrator shall withdraw the interpre- the relevant State and local officials, ad- (6) requires Federal Water Pollution Con- tive rule described in paragraph (1), and such dress any comments received under para- trol Act regulation of erosional features; interpretive rule shall have no force or ef- graph (4) and prepare a final report describ- (7) requires Federal Water Pollution Con- fect. ing the final results of the consultation proc- trol Act permits for land-use activities; ess under subsection (a). (3) APPLICATION.—Section 404(f)(1)(A) of the (8) requires Federal Water Pollution Con- (d) SUBMISSION OF REPORT TO CONGRESS.— Federal Water Pollution Control Act (33 trol Act regulation of farm ponds, puddles, Not later than 24 months after the date of U.S.C. 1344(f)(1)(A)) shall be applied without water on driveways, birdbaths, or play- enactment of this Act, the Secretary and the regard to the interpretive rule described in grounds; Administrator shall jointly submit to the (9) is inconsistent with the latest peer-re- paragraph (1). Committee on Transportation and Infra- viewed studies; or SEC. 3. FEDERALISM CONSULTATION. structure of the House of Representatives (10) was promulgated without public notice (a) IN GENERAL.—The Secretary and the and the Committee on Environment and or comment. Administrator shall jointly consult with rel- Public Works of the Senate and make pub- evant State and local officials to develop licly available the final report prepared The CHAIR. Pursuant to House Reso- recommendations for a regulatory proposal under subsection (c)(5). lution 715, the gentleman from New that would, consistent with applicable rul- SEC. 4. DEFINITIONS. York (Mr. BISHOP) and a Member op- ings of the United States Supreme Court, In this Act, the following definitions apply: posed each will control 5 minutes. identify— (1) SECRETARY.—The term ‘‘Secretary’’ The Chair recognizes the gentleman (1) the scope of waters covered under the means the Secretary of the Army. from New York. Federal Water Pollution Control Act; and (2) ADMINISTRATOR.—The term ‘‘Adminis- (2) the scope of waters not covered under trator’’ means the Administrator of the En- Mr. BISHOP of New York. Mr. Chair- such Act. vironmental Protection Agency. man, my amendment gets to the heart (b) CONSULTATION REQUIREMENTS.—In de- (3) STATE AND LOCAL OFFICIALS.—The term of the debate on this proposed rule. veloping the recommendations under sub- ‘‘State and local officials’’ means elected or For months, opponents of the pro- section (a), the Secretary and the Adminis- professional State and local government offi- posed rule have made numerous claims trator shall— cials or their representative regional or na- about its impacts. Yet, despite numer- (1) provide relevant State and local offi- tional organizations. ous efforts by representatives of the cials with notice and an opportunity to par- The CHAIR. No amendment to the administration’s to answer these ticipate in the consultation process under bill is in order except those printed in subsection (a); claims and to point out how many of (2) seek to consult State and local officials House Report 113–581. Each such these claims are simply false, we seem that represent a broad cross-section of re- amendment may be offered only in the to go around and around, again and gional, economic, and geographic perspec- order printed in the report, by a Mem- again, on these allegations. My amend- tives in the United States; ber designated in the report, shall be ment simply addresses these concerns (3) emphasize the importance of collabora- considered read, shall be debatable for and claims, saying that, if any of them tion with and among the relevant State and the time specified in the report, equal- prove to be true, then the Secretary local officials; ly divided and controlled by the pro- and the Administrator are prohibited (4) allow for meaningful and timely input ponent and an opponent, shall not be by State and local officials; from issuing any final rule that would subject to amendment, and shall not be bring about these occurrences. (5) be respectful of maintaining the Fed- subject to a demand for division of the eral-State partnership in implementing the For example, opponents of the pro- Federal Water Pollution Control Act; question. posed rule have claimed that this rule The Chair understands that amend- (6) take into consideration the input of expands the scope of the Clean Water ment No. 1 will not be offered. State and local officials regarding matters Act authority. When asked this direct involving differences in State and local geog- b 1500 question during our subcommittee raphy, hydrology, climate, legal frameworks, hearing, the administration’s witness economies, priorities, and needs; AMENDMENT NO. 2 OFFERED BY MR. BISHOP OF (7) promote transparency in the consulta- NEW YORK stated clearly that the proposed rule tion process under subsection (a); and The CHAIR. It is now in order to con- ‘‘would not assert jurisdiction over any (8) explore with State and local officials sider amendment No. 2 printed in type of waters not previously protected whether Federal objectives under the Fed- House Report 113–581. over the past 40 years.’’ Under my

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.006 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7323 amendment, if the administration is its flawed rule, expanding Federal juries, and will result in and is resulting proven incorrect, the final rule could risdiction over the Clean Water Act if in increased delays and costs to the not be implemented. they determine entirely of their own public at large. That is why we are Similarly, opponents have suggested discretion that the rule is consistent here today. that the rule is inconsistent with the with the Supreme Court decisions and Everybody agrees that we need clari- rulings and jurisdictional tests out- other factors listed in this amendment. fication, but you are excluding them lined by the Supreme Court. The ad- Basically, the EPA can self-certify that from using the judicial decisions and ministration’s witness has testified they are ready to move forward. any document that was used in coming that this rule is consistent with the This amendment is misleading. The up with this problematic rule, and you tests outlined by the U.S. Supreme administration has already stated that are saying you can’t use any of that. Court. If my amendment is adopted and they believe the proposed rule is con- So, basically, we are stuck with the if the administration is wrong about sistent with the Supreme Court deci- 2003–2008 guidance, which, prior to this this assertion, then the final rule could sions and with other factors listed in grandstanding over here, everybody not be implemented. this amendment. The effect of this agreed needed to be fixed. Now we are Opponents of the proposed rule have amendment is to allow the agencies to going to be stuck with it forever. claimed that the proposed rule in- finalize their flawed rule that many be- Instead of using a legislative scalpel, creases the regulation of ditches. The lieve is not consistent with the Su- you pulled out the giant sledgehammer administration has testified that, in preme Court decisions and other listed here. Sometimes it is harder to be a fact, it would reduce the scope of juris- factors. legislator and to actually get into the dictional ditches that are covered by This amendment would put the U.S. guts of something and figure out what the Bush administration guidance. If EPA solely in charge of America’s is wrong and what isn’t wrong, and Mr. my amendment is adopted and if the waters, and it would take away the BISHOP has done that. administration is incorrect in this as- Federal-State partnership that H.R. They cannot expand the scope beyond sertion, the rule cannot be imple- 5078 seeks to preserve. It would allow those water bodies covered prior to the mented. the EPA to finalize and implement the decisions of the U.S. Supreme Court in Opponents contend that, under this rule without consulting with the those two cases, and it cannot be in- rule, individuals would be required to States. Let me repeat that. It would consistent with the judicial opinions of have Federal Clean Water Act permits Scalia’s and Kennedy’s in Rapanos. allow the U.S. EPA to move forward for draining farm ponds or for activi- This is not judgmental stuff. These are without consulting with their counter- ties in the water on your driveways or clear legislative restrictions. This part State EPAs. your birdbaths or puddles in your back- In contrast, H.R. 5078 preserves the would be taking and putting walls yard. The administration has asserted, around their rulemaking and saying, Federal-State partnership that was set obviously, that these types of waters no, you’re staying inside those rules. In up under the Clean Water Act in 1972. have never been subject to the Clean addition to that, they can’t increase This important legislation recognizes Water Act, nor would they be under the regulation of ditches. They can’t that the proposed administration rule this rulemaking. If somehow the ad- eliminate any historical statutory or has created controversy, confusion, and ministration is wrong about this, under regulatory exemptions for agriculture, discord in the clean water regulatory my amendment, the final rule could which do not exist under the 2003–2008 programs. H.R. 5078 calls for a timeout not be implemented. rules. There are questions about to stop the final development of this Lastly, opponents contend that the ditches under the 2003–2008 rules, and ill-conceived rule. In addition, it re- rule would eliminate existing statutory they are interpreted differently in all and regulatory exemptions for agri- quires that the agencies consult with parts of the country. culture or increase the regulation of State and local governments to develop You are going to bind us to some- groundwater or require Federal Clean a consensus rule that will work and thing that doesn’t work because you Water Act permits for land-use activi- protect our water resources. want to grandstand and pretend you ties. Yet the administration has time As I said during the general debate in are doing something for people who and time again testified that these as- our subcommittee, they were not able have legitimate concerns. Sometimes sertions are simply inaccurate. Again, to identify any State regulatory agen- it is harder to say to them that this is if my amendment is adopted and if the cy that supports this proposed rule. a difficult and complicated question, administration is incorrect, the final That ought to be a red flag to all because Americans want to preserve rule cannot go forward. American people and to all of the the clean waters of the United States. In my view, this administration has stakeholders involved. We don’t want to go back in time, but put forward a good faith effort to pro- As my friend on the other side talked we also want you people to farm and to vide additional clarity on the scope of about expansion and jurisdiction, I ranch and to do other productive ac- Clean Water Act protections for our would argue of the proposed rule, if it tivities. That is hard to do, and that Nation’s waters that are consistent is not necessary, why does the Sec- isn’t what this bill before us today will with current scientific information as retary of Agriculture have to put to- do. It will bind us to the problems of well as the precedent of the Supreme gether an interpretive rule when it has the past. Court. While it is not perfect, this rule been said that agriculture is exempt The CHAIR. The time of the gen- is far better than the current regu- from these practices? Why move for- tleman has expired. latory process that has led to numer- ward? The question is on the amendment ous delays, significant increases in We don’t need this rule. I urge the offered by the gentleman from New compliance costs, and greater dif- Members to oppose this amendment York (Mr. BISHOP). ficulty in protecting our Nation’s and support the underlying bill. The question was taken; and the water resources. I yield back the balance of my time. Chair announced that the noes ap- I urge the adoption of my amend- Mr. BISHOP of New York. Mr. Chair- peared to have it. ment, and I reserve the balance of my man, I yield whatever time I have re- Mr. BISHOP of New York. Mr. Chair, time. maining to the gentleman from Oregon I demand a recorded vote. Mr. GIBBS. Mr. Chairman, I claim (Mr. DEFAZIO). The CHAIR. Pursuant to clause 6 of the time in opposition to the amend- The CHAIR. The gentleman from Or- rule XVIII, further proceedings on the ment. egon is recognized for 2 minutes. amendment offered by the gentleman The CHAIR. The gentleman from Mr. DEFAZIO. I thank the gen- from New York will be postponed. Ohio is recognized for 5 minutes. tleman. AMENDMENT NO. 3 OFFERED BY MR. BISHOP OF Mr. GIBBS. Mr. Chairman, I must Mr. Chairman, remember, should this NEW YORK strongly oppose the gentleman’s bill pass and become law, which it The CHAIR. It is now in order to con- amendment because it seeks to gut this never will, it will tie us to the 2003–2008 sider amendment No. 3 printed in legislation. guidance, which the Farm Bureau has House Report 113–581. This amendment would allow the ad- described as a hodgepodge of ad hoc Mr. BISHOP of New York. Mr. Chair- ministration to go forward and finalize and inconsistent jurisdictional theo- man, I have an amendment at the desk.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.040 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7324 CONGRESSIONAL RECORD — HOUSE September 9, 2014 The CHAIR. The Clerk will designate killing fish, lobsters, and imperiling of the interpretive rule from the De- the amendment. the $5 billion of economic output that partment of Agriculture. The text of the amendment is as fol- the region depends upon. Fortunately, What H.R. 5078 says is, ‘‘Stop. Time lows: the State has decided that the Sound out.’’ The bill says, ‘‘Stop this rule At the end of the bill, add the following: was impaired, and it proposed a more process. Go back to the States and SEC. 5. LIMITATION ON APPLICABILITY. restrictive water quality standard for back to the stakeholders and local gov- None of the provisions in this Act shall nitrogen. A $5 billion crisis has been ernments and work together,’’ which apply if the Administrator determines that averted. However, under the current was the intent of the Clean Water Act. the implementation of such provisions is Bush-era guidance, questions have aris- Let’s have these agencies work to- likely— gether to develop a consensus rule that (1) to increase the interstate movement of en as to whether the Clean Water Act pollutants through surface waters; protection continues to apply to the will actually provide clarity and allow (2) to increase the costs to be incurred by upper reaches of watersheds, streams, the Federal and State governments to a State to maintain or achieve approved and wetlands which feed the rivers that work as partners in protecting Amer- water quality standards for the State; or eventually flow into the Sound. ica’s waters. This amendment would (3) to cause or contribute to the impair- Under H.R. 5078, the EPA would be give the EPA unfettered discretion in ment of surface or coastal waters of a State. prohibited from ensuring that polluters making determinations regarding The CHAIR. Pursuant to House Reso- in Connecticut continue to reduce ex- State water quality standards, taking lution 715, the gentleman from New cessive amounts of nitrogen in the away the Federal-State partnership York (Mr. BISHOP) and a Member op- Sound, leaving my constituents in the that this legislation is seeking to pre- posed each will control 5 minutes. State of New York without any reserve. The Chair recognizes the gentleman course under the Clean Water Act to I need to remind everybody what this from New York. stop them. bill does. This bill says, ‘‘Time out. Mr. BISHOP of New York. Mr. Chair- If this bill were to pass, individual EPA and Army Corps of Engineers, go man, my amendment would address States would decide that collective ef- back to the drawing board. Go back to one of the fundamental flaws I see in forts to address the water quality im- the States. Work with the States. this legislation. The enactment of H.R. pairments of the Chesapeake Bay, the Work with your counterparts in the 5078 would almost certainly block cur- Puget Sound, the Great Lakes, or the States, and develop a consensus to the rent and future efforts to clarify the Gulf of Mexico were unnecessarily re- rule that you need. Go back to the scope of the Clean Water Act. strictive or burdensome, and they partnership.’’ Unfortunately, this would lock in would refuse to participate in a mean- Let’s have a cooperative relationship place the interpretive guidance of the ingful way towards the restoration of between the States and the Federal Bush administration, which took the these regional water bodies. This go-it- U.S. EPA. narrowest and most cumbersome and alone approach flies in the face of b 1515 confusing interpretation of the two re- science, of common sense, and of dec- cent Supreme Court decisions, and it ades of experience in implementing the Let’s have commonsense proposals to has been uniformly criticized by the Clean Water Act. protect our Nation’s waters and not a stakeholder community as well as by My amendment would limit the im- one-size-fits-all policy coming out of the conservation and environmental pact of this legislation if the adminis- Washington, D.C. Because when it community. tration determines that this bill were comes to water bodies, streams, and so I think it is important to remember likely to, one, increase the interstate on, one-size-fits-all policies don’t al- that, under the current Bush adminis- movement of pollutants through sur- ways work. We need to be working with tration’s guidance, traditional Clean face waters; two, increase the costs in- those local governments and the States Water Act protections over a signifi- curred by a downstream State to main- to develop the policies to protect and cant percentage of waters has been tain or achieve approved water quality enhance our environment at the local called into question or have simply standards for that State; or three, to level. been lost. These are Clean Water Act cause or contribute to the impairment So let’s send it back, support H.R. protections that existed for over 30 of the surface or coastal waters of an- 5078, and make sure that our U.S. EPA years prior to the issuance of the first other State. and the Army Corps of Engineers will Bush-era guidance in 2003 and are now The Committee on Transportation work with their counterparts to seek all but lost, making it harder and more and Infrastructure created the Clean commonsense policies that protect and costly for individual States to protect Water Act over 40 years ago as a re- enhance our water quality and our safe their own waters should their upstream sponse to burning rivers, to Great drinking water here in the United neighbors be unwilling or unable to fill Lakes that were pronounced dead, and States. I urge all Members to oppose in the gap in protecting water quality. to an understanding that a State-by- the amendment. As we all know, if pollution is al- State approach to protecting water I yield back the balance of my time. lowed to increase due to the competing simply didn’t work. Mr. BISHOP of New York. I yield financial and political interests of Let’s not repeat the sins of the past back the balance of my time. States, that pollution needs to go but commit to moving forward in our The Acting CHAIR. The question is somewhere, and since pollution does efforts to protect the Nation’s waters. on the amendment offered by the gen- not respect State boundaries when it Support my amendment, and allow the tleman from New York (Mr. BISHOP). travels downstream, it will have an ad- Agency to put back in place reason- The question was taken; and the Act- verse impact on the quality of life and able, comprehensive protections of our ing Chair announced that the noes ap- the quality of the environment of those Nation’s waters. peared to have it. downstream States. As highlighted in I reserve the balance of my time. Mr. BISHOP of New York. Mr. Chair- my amendment, the end result of this Mr. GIBBS. Mr. Chairman, I claim man, I demand a recorded vote. will be that downstream States will be- the time in opposition to the amend- The Acting CHAIR. Pursuant to come responsible for treating the pol- ment. clause 6 of rule XVIII, further pro- lution of their upstream neighbors, The Acting CHAIR (Mr. THORN- ceedings on the amendment offered by which, at a minimum, will increase the BERRY). The gentleman from Ohio is the gentleman from New York will be compliance costs of downstream States recognized for 5 minutes. postponed. and, at a maximum, may destroy the Mr. GIBBS. Mr. Chairman, I most Mr. GIBBS. Mr. Chairman, I move ecological or economic health of these strongly oppose the gentleman’s that the Committee do now rise. States. amendment because it seeks to under- The motion was agreed to. As I have noted before, my district in mine the intent of this legislation. Accordingly, the Committee rose; New York is separated from Con- There is a great deal of controversy and the Speaker pro tempore (Mr. POE necticut by the Long Island Sound. over what the EPA’s proposed rule of Texas) having assumed the chair, Over time, the number of polluters in would do or would not do. Added to Mr. THORNBERRY, Acting Chair of the the area has increased exponentially, that, they have a subsequent proposal Committee of the Whole House on the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.041 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7325 state of the Union, reported that that Whereas the President has stated that Congress that there would be no exchange of Committee, having had under consider- there is ‘‘absolutely’’ the ‘‘possibility of Taliban detainees for Sergeant Bergdahl, and ation the bill (H.R. 5078) to preserve ex- some’’ of these former Taliban detainees that any transfer of Taliban detainees that ‘‘trying to return to activities that are detri- might otherwise occur would be part of a isting rights and responsibilities with mental to’’ the United States; reconciliation effort with the Taliban and respect to waters of the United States, Whereas other former GTMO detainees the Government of Afghanistan and that and for other purposes, had come to no that were transferred have become leaders of such a transfer would only take place in con- resolution thereon. al-Qaeda affiliates actively plotting against sultation with Congress pursuant to law: the United States and are ‘‘involved in ter- Now, therefore, be it f rorist or insurgent activities’’; Resolved, That the House of Representa- DISAPPROVAL OF THE ADMINIS- Whereas Secretary of Defense Chuck Hagel tives— TRATION’S FAILURE TO NOTIFY testified before the Committee on Armed (1) condemns and disapproves of the failure of the Obama administration to comply with CONGRESS BEFORE RELEASING Services of the House of Representatives that, pursuant to an agreement with Qatar, the lawful 30-day statutory reporting re- INDIVIDUALS FROM GUANTA- the five former detainees transferred in May quirement in executing the transfer of five NAMO BAY would not be allowed to leave Qatar for one senior members of the Taliban from detention at United States Naval Station, Guanta- Mr. MCKEON. Mr. Speaker, pursuant year, but after that date there would be no namo Bay, Cuba; to House Resolution 715, I call up the restrictions on the movement of the former detainees; (2) expresses grave concern about the na- resolution (H. Res. 644) condemning Whereas notwithstanding the fact that tional security risks associated with the and disapproving of the Obama admin- Qatar is an important regional ally, after an- transfer of five senior Taliban leaders, in- istration’s failure to comply with the other GTMO detainee was transferred to cluding the national security threat to the lawful statutory requirement to notify Qatar in 2008, Qatar apparently had dif- American people and the Armed Forces of Congress before releasing individuals ficulty implementing the assurances Qatar the United States; detained at United States Naval Sta- gave the United States in connection with (3) expresses grave concern over the reper- tion, Guantanamo Bay, Cuba, and ex- that detainee’s transfer; cussions of negotiating with terrorists, even Whereas senior officials in the Obama ad- when conducted through intermediaries, and pressing national security concerns ministration negotiated, through inter- the risk that such negotiations with terror- over the release of five Taliban leaders mediaries in the government of Qatar, with ists may further encourage hostilities and and the repercussions of negotiating the Taliban, and with the Haqqani Network, the abduction of Americans; with terrorists, and ask for its imme- which the Department of State has des- (4) stipulates that further violations of the diate consideration. ignated as a foreign terrorist organization, law set forth in section 1035 of the National The Clerk read the title of the resolu- and which held Sergeant Bowe Bergdahl cap- Defense Authorization Act for Fiscal Year tion. tive; 2014 (Public Law 113–66; 10 U.S.C. 801 note) Whereas Secretary Hagel testified to the and section 8111 of the Department of De- The SPEAKER pro tempore. Pursu- Committee on Armed Services of the House fense Appropriations Act, 2014 (Public Law ant to House Resolution 715, the of Representatives that negotiations for the 113–76) are unacceptable; amendments to the text and preamble transfer of the five Taliban detainees in ex- (5) expresses that these actions have bur- printed in the resolution are adopted change for Sergeant Bergdahl began in Janu- dened unnecessarily the trust and confidence and the resolution, as amended, is con- ary 2014; in the commitment and ability of the Obama sidered read. Whereas the General Counsel of the De- administration to constructively engage and The text of the resolution, as amend- partment of Defense signed a memorandum work with Congress; and ed, is as follows: of understanding with the Attorney General (6) expresses relief that Sergeant Bergdahl of the State of Qatar on May 12, 2014, regard- has returned safely to the United States. Whereas section 1035 of the National De- ing the security conditions for transfer of The SPEAKER pro tempore. The gen- fense Authorization Act for Fiscal Year 2014 these five Taliban detainees; tleman from California (Mr. MCKEON) (Public Law 113–66; 10 U.S.C. 801 note) re- Whereas in addition to an unknown num- quires the Secretary of Defense to notify the ber of officials of Qatar, senior Obama ad- and the gentleman from Washington appropriate committees of Congress not ministration officials acknowledge that ap- (Mr. SMITH) each will control 30 min- later than 30 days before the transfer or re- proximately 80 or 90 individuals within the utes. lease of any individual detained at United Obama administration were knowledgeable The Chair recognizes the gentleman States Naval Station, Guantanamo Bay, of the planned transfer of the five Taliban from California. Cuba (hereinafter referred to as ‘‘GTMO’’); detainees prior to their transfer; GENERAL LEAVE Whereas on May 31, 2014, the Department Whereas Congress was not notified of the Mr. MCKEON. Mr. Speaker, I ask of Defense transferred five Taliban detainees transfer until June 2, 2014, three days after unanimous consent that all Members held at GTMO to the State of Qatar; such individuals were transferred, and 33 may have 5 legislative days in which to Whereas according to declassified United days after the date on which such notifica- States government documents, the five de- tion was required by section 1035 of the Na- revise and extend their remarks and to tainees were all senior Taliban leaders: tional Defense Authorization Act for Fiscal include extraneous material on H. Res. Abdul Haq Wasiq was the Taliban Deputy Year 2014 (Public Law 113–66; 10 U.S.C. 801 644. Minister of Intelligence, Mullah Norullah note) and section 8111 of the Department of The SPEAKER pro tempore. Is there Noori was the Taliban military commander Defense Appropriations Act, 2014 (Public Law objection to the request of the gen- at Mazar-e-Sharif, Mullah Mohammad Fazl 113–76); tleman from California? was the Taliban Deputy Minister of Defense, Whereas the Secretary of Defense, in con- There was no objection. Khairullah Said Wai Khairkwa was the sultation with the President and other sen- Mr. MCKEON. Mr. Speaker, I yield Taliban Minister of Interior, and Mohammad ior Obama administration officials, did not myself such time as I may consume. Nabi Omari was the Taliban communications comply with the 30-day notification require- Mr. Speaker, I rise in support of chief and border chief; ment; House Resolution 644, a resolution of- Whereas these five senior Taliban leaders Whereas article II, section 3 of the Con- fered by the gentleman from Virginia have had associations with al-Qaeda or have stitution stipulates that the President ‘‘shall engaged in hostilities against the United take care that the laws be faithfully exe- (Mr. RIGELL), condemning the Obama States or its coalition partners; cuted’’; administration’s failure to comply Whereas these five senior Taliban detain- Whereas on January 15, 2009, the Office of with the requirement to notify Con- ees held leadership positions within the Legal Counsel in the Department of Justice gress before transferring individual de- Taliban in Afghanistan when it provided acknowledged that, under article I of the tainees from Guantanamo Bay. safehaven for al-Qaeda to conduct planning, Constitution, Congress possesses legislative I would like to thank Mr. RIGELL for training, and operations for the September authority concerning the detention and re- his leadership on this deeply troubling 11, 2001, attacks; lease of enemy combatants; issue. He worked across the aisle to au- Whereas in 2010, after an extensive evalua- Whereas the Obama administration has thor a bipartisan resolution, sponsored tion meant to identify detainees who could complied with the law in all other detainee by 94 Members of the House, including be transferred out of the detention facility transfers from GTMO since the date of the myself, focused on the Obama adminis- at GTMO, the Obama administration deter- enactment of prevailing law; and mined that these five should remain in Whereas in 2011, after leaders of the Senate tration’s clear violation of statute United States detention because they were and House of Representatives expressed their passed by the legislative branch and ‘‘too dangerous to transfer’’ because each bipartisan opposition to the prospective enacted into law by the President. ‘‘poses a high level of threat that cannot be transfer of these Taliban detainees from I would also like to thank Ranking mitigated sufficiently except through con- GTMO, senior Obama administration offi- Member SMITH. Though he did not sup- tinued detention’’; cials assured these Senators and Members of port this resolution in its entirety, I

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.044 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7326 CONGRESSIONAL RECORD — HOUSE September 9, 2014 appreciate his candor and his commit- face and there is no debate. There is ac- While I have said and will continue ment to fostering a thoughtful debate tually considerable debate as to wheth- to say that I think he should have within our committee. er or not the President’s actions were given us that 30 days’ notice, that I The administration violated the law, legal. think Congress has proven repeatedly and House Resolution 644 articulates The President and the Secretary of that we can, in fact, keep a secret—we this simple message. It passed out of Defense have stated unequivocally that have been told about a number of very the Armed Services Committee with a they believe they acted within the law, sensitive things and have not revealed bipartisan vote. and this is actually an issue that that information. Section 1035 of the National Defense comes up repeatedly between the legis- I think it is worth noting that the Authorization Act for Fiscal Year 2014 lative and the executive branch. It has President isn’t completely without rea- requires the Secretary of Defense to been coming up for a couple hundred son for that. In fact, Senator SAXBY notify the appropriate committees of years now. CHAMBLISS, after this was revealed, was Congress at least 30 days before the The administration’s position is that asked, ‘‘Well, if you had known about transfer or release of any individual de- they acted in accordance with their ar- this, what would you have done?’’ tained at GTMO. There are no waivers ticle II Commander in Chief authority He initially said, ‘‘Well, I would have to this clause—no exceptions, period; in the interest of national security and let people know, absolutely, because I yet, on May 31, at the request of the in bringing one of our soldiers home, didn’t think it was a good idea, and I Taliban and in exchange for Sergeant and it is their position that article II of would have done everything I could to Bergdahl, who was held by the Haqqani the Constitution, which is a law, super- stop it.’’ Network, the administration sent five sedes the piece of legislation that was Now, after having been explained senior Taliban leaders from GTMO to referenced about 30 days’ notice that that that is exactly why the President Qatar. was passed, and therefore, their actions was reluctant to tell Congress, the Sen- The administration took this action were legal. ator walked himself back from those without notifying Congress. This is an The first thing to really understand remarks and said that he wouldn’t, but obvious violation of the law. There can about this is that this is in no way un- his initial reaction sort of shows that be no confusion on this point. In fact, precedented. I am sure if we went back the President and the administration the nonpartisan Government Account- and examined the history, just about were not completely out of bounds in ability Office recently determined that every President at one time or another thinking that their ability to bring the administration violated the law by did something contrary to a piece of Sergeant Bergdahl home might have failing to notify Congress, but also by legislation or a law because they felt been jeopardized by allowing Congress expending funds to carry out the trans- article II required them to do so. They to know that. fers without an appropriation for that felt article II—the Constitution, which Be that as it may, I think they purpose. is a law—superseded the legislation in should have. I think we have proven The statutory provision of the NDAA question. ourselves capable of keeping secrets, was written and approved by a bipar- In fact, we don’t have to go back very and they should have given us 30 days’ tisan majority in Congress because of far. President George W. Bush repeat- notice, but on the legality question, genuine concerns that dangerous ter- edly took actions that were in viola- this is perfectly consistent with what a rorists were leaving GTMO and return- tion of the clear law post-9/11. He basi- large number of Presidents have done ing to fight against the U.S. or its al- cally authorized warrantless wire- in the past. lies. tapping. He authorized indefinite de- So to call this President out specifi- By requiring the Secretary of De- tention. cally, I think, is wrong, which brings fense to convey detailed information to Both of those issues were clearly con- us to the second issue, and that is the Congress, the provision is intended to trary to statutory law, but President partisan nature of this body. Now, it is allow Members to have a complete un- Bush asserted his article II authority not unique to this body. Regrettably, if derstanding of the risks of sending and said that, therefore, it was legal to you go back and you look at instances GTMO detainees elsewhere and how do that. where the President is of one party and those risks might be mitigated. Go back to Abraham Lincoln, who the Congress is of another, that is when In transferring the Taliban Five suspended habeas corpus in the same investigations are off the charts. without lawfully notifying Congress, way. This is a long-running debate be- Somehow, when both the President the administration deprived Congress tween the legislative and the executive and the Congress are in the same of the opportunity to consider the na- branch, and never before has the legis- party, we don’t have anywhere near the tional security risks that such a trans- lative branch stepped out with legisla- condemnation, anywhere near the in- fer could pose or the repercussions of tion like this to censure the President. vestigation for actions, on and on and negotiating with terrorists. So, number one, the President did on; and that regrettably reflects the If Congress does not speak strongly not violate the law. He followed what deepening partisan rift in Washington, now to condemn such blatant disregard he felt was article II of the Constitu- D.C. for the law, any future administration tion, perfectly consistent with what That ultimately is what I think this may come to believe that obedience to George W. Bush and a whole lot of legislation reflects. It is simply an op- statute is not a requirement for the ex- other folks did, so I think it is wrong portunity for a Republican Congress to ecutive branch. This is intolerable, and to call him out and say that he vio- take a shot at a Democratic President. for this reason, I support this resolu- lated the law when this is simply part If it was more than that, then back 10 tion and will ask my colleagues in the of a long-running debate between the years ago, when President George W. House to adopt it. legislative and the executive branch. Bush was violating all manner of dif- Again, I thank Mr. RIGELL, Mr. BAR- Now, let me say I feel that the Presi- ferent statutory law under his articu- ROW, Mr. RAHALL, and Mr. RIBBLE for dent should have given us 30 days’ no- lated article II powers, then we would introducing this important bipartisan tice. I do believe that. Now, the reason have had something out of this Con- resolution, and I urge my colleagues to that they didn’t is because they were gress that said, ‘‘Hey, don’t do that.’’ adopt it. concerned that the information would We didn’t. All we had was silence. Mr. Speaker, I reserve the balance of be leaked. Now, unfortunately, what that leads my time. This was a very sensitive negotia- the public to believe is that this is a Mr. SMITH of Washington. Mr. tion, and they were told that if the in- partisan exercise, and we need fewer Speaker, I yield myself such time as I formation was leaked, it would kill the partisan exercises, not more. I think it may consume. deal, and they were deeply concerned is perfectly appropriate for many Mem- There are two issues important to about Sergeant Bergdahl’s health and bers, as I did and others, to say the this piece of legislation. The first that that if any further delay happened, President should have given us notice. the chairman mentioned is the legality that he might not survive his current He should have given us 30 days. of this. However, he is wrong in the incarceration with the Taliban, so that For this to be the first—or I guess idea in saying that this is clear on its was their reason for doing it. the second issue, since we had the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.045 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7327 water bill just before this—that we home in our district, which is home to gaging in personalities toward the take up when we come back from re- more men and women in uniform, Ac- President. cess, when you think of all the eco- tive Duty and retired, than any other Mr. SMITH of Washington. Mr. nomic and national security challenges of the 435 congressional districts. They Speaker, I yield myself 2 minutes just and everything that is going on out increasingly are asking me this ques- to respond quickly. there, I think once again makes the tion: What is Congress doing about First of all, the GAO study specifi- public just shake their head and say, this? cally said they didn’t address the con- ‘‘Here we go again, another partisan This resolution today is a direct stitutional issue; they didn’t address exercise.’’ manifestation of my duty and, I be- article II. They simply said on the Unfortunately, I think this piece of lieve, our collective duty to hold the plain reading of the statute, 30 days’ legislation is unnecessary, and I think President accountable for breaking the notice was required and 30 days’ notice it further poisons the well between law. wasn’t given, which, by the way, didn’t Congress and the President. Again, I do Now, again, the ease with which take a GAO study to figure out. That is not feel that the President violated the some have said that he hasn’t broken very plain. law. He had a different interpretation the law, well, that is not shared by the The statute itself is really not in of it, as many Presidents before him GAO, the Government Accountability question nor that the President didn’t have. Office. It is an independent nonpartisan give the notice required. The question With that, I reserve the balance of agency, and this summer it found that is one that we have had repeatedly as my time. in releasing the Taliban senior com- to when the President has the author- Mr. MCKEON. Mr. Speaker, I must mander, in fact, the administration did ity under his article II authority to go respond to just a couple of points made break the law. That is really not in dis- in a different direction of the statute. by my good friend from Washington. pute. As was mentioned, that happened We agree on more than we disagree If we don’t hold the administration many times, most recently with on. This item we disagree on, but it accountable for this, who will? That is George W. Bush, a warrant with wire seems to me that his main argument is what we do: making sure that the bal- tapping and indefinite detention and a that because other Presidents have ance of powers is adhered to. number of other issues. That’s number done it, it is okay for this President to I think it is important that we look 1. The GAO did not comment on that do it. In other words, two wrongs make at who was released. Among those re- specific issue. a right. I don’t think that is the point. leased is Mullah Mohammad Fazl, the The second thing I would say is we I think at some point, you have to Taliban’s deputy defense minister. The are not really arguing that two wrongs draw the line, and that is what we are President himself acknowledged that make a right. We are arguing about doing right now. there is absolutely the possibility of whether or not it was wrong in the first Secondly, he said that the President these senior Taliban commanders replace. All right? I still haven’t heard said that he really believed he wasn’t turning to the battlefield. They can be anyone stand up on the other side who breaking the law. You know, prisons released by the Government of Qatar in supports this issue and say: Gosh, we are full of people that say they don’t less than 9 months. The President has missed an opportunity. President think they broke the law, but some more confidence in the Government of George W. Bush was absolutely wrong judge thinks they did, and in this in- Qatar than I do and I think the Amer- to have taken those actions that he did stance, until you take the matter to ican people do. and contrary to statute and did some- the court, it is the law. Even though he So, Mr. Speaker, despite the adminis- thing that was illegal, and we are very is the President of the United States, tration’s lawful duty to engage Con- mad about that. As long as we are talk- he did break the law. gress, despite Congress’s clear objec- ing about it, we should mention the At this time, Mr. Speaker, I yield 5 tion in 2011 on these very same detain- fact that—so I haven’t heard anyone minutes to the gentleman from Vir- ees, a bipartisan message was sent say that, because I think the implica- ginia (Mr. RIGELL), my friend and col- clearly to the administration: Don’t re- tion is, on that side, they didn’t think league who is a member of the Armed lease these prisoners; it is not in the it was wrong. Services Committee, is the lead co- national interests and security inter- And that is the issue: Is it wrong for sponsor, and is the one who has from ests of the United States. And yet the the President to do something that he day one provided the leadership on this administration did so. believes is in the national security in- issue. Despite the damage that it has done terest of the country under his article Mr. RIGELL. Mr. Speaker, I thank to our policy of not negotiating with II authority? I think most people Chairman MCKEON for his leadership terrorists and, finally, despite the in- would say: Sometimes yes, sometimes and bringing this resolution to the creased risk that this brings to Ameri- no. It is a debatable issue. It is not a floor. I thank the original cosponsors, cans, I believe, on the battlefield in Af- matter of saying two wrongs make a Congressmen RIBBLE, BARROW, and ghanistan, the administration plowed right. It is a matter of arguing whether RAHALL for standing with me on this. ahead. And it was far more than un- or not it was wrong in the first place. I respect my colleague from Wash- wise; it was unlawful, and it merits And consistency is the hobgoblin of ington, Ranking Member SMITH, and condemnation. small minds, as the saying goes, but my respect for him is not diminished I will close with this. I really didn’t there certainly is enough inconsistency by the fact that we have strong but dif- want to bring this to the floor. I know on this issue to make people believe ferent views on this matter. I don’t we have plenty of partisan bickering this is more partisan motivated than it share the ease with which he has ac- around here, but I looked for someone is purely policy and conscience moti- cepted the President’s, I believe, re- else and maybe another Member that vated. fusal to follow the law, and I reject was bringing something to the floor. I I reserve the balance of my time. outright—and I must do so in this couldn’t find it. I thought, well, I guess Mr. MCKEON. Mr. Speaker, I pointed Chamber—the assertion that this is it falls to us. And I appreciate the out to the gentleman recently that nei- partisan. ranking member meeting with me and ther of us were in these jobs when the conversation we had about this President Bush was in office, so we b 1530 matter. We hold different views on don’t know what we would have done It is not partisan. It is in my service this. But I believe this is best for our at that time. I would hope that, if he to Virginia’s Second Congressional Dis- Nation and, indeed, best for our Presi- went against the law, we would take trict. dent and our country and certainly for similar action. I think that we would An increasing number of men and our men and women in uniform that have done that. women from a very diverse audience in this is passed today, and I urge my col- I yield at this time 3 minutes to the my district are deeply troubled by the leagues on both sides of the aisle to gentleman from Virginia (Mr. WITT- President’s continued pattern of going vote in the affirmative. MAN), my friend and colleague, the outside of the law and executive over- The SPEAKER pro tempore. Mem- chairman of the Subcommittee on reach. This is an example that hits bers are reminded to refrain from en- Readiness.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.046 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7328 CONGRESSIONAL RECORD — HOUSE September 9, 2014 Mr. WITTMAN. Mr. Speaker, I rise lives of others. By ignoring the law, or the President, but by decisions made today as a member of the House Armed the President has decided that he’s by our enemy in their council. Services Committee and as chairman going to shoulder this responsibility. I But, second, a prisoner exchange re- the Readiness Subcommittee to voice argue he had an obligation under the turns to the United States a soldier my support for H. Res. 644. law to consult Congress in doing this. under the command and protection of I would like to thank the chairman That is why it was put into the Na- the Commander in Chief. He has a con- for his leadership in bringing this to tional Defense Authorization Act. stitutional duty to protect and hope- the floor. I respect deeply the ranking We live in a nation where people ex- fully return home safely our soldiers. member, but adamantly disagree with pect their elected leaders to carry out When you create a circumstance that him on the points that he makes about their duties as the Constitution directs makes it practically impossible to have this piece of legislation. them, and every day each of us is en- a prisoner exchange because in order to Very simply stated, the prisoner trusted by the public to uphold the have one you have to give the hard-lin- swap authorized by the President to ex- Constitution, and we must live up to ers within the enemy’s council an abil- change five Taliban captives for Ser- that obligation. ity to upset it, then you have, I be- geant Bergdahl was illegal. That part Mr. Speaker, I fully support H. Res. lieve, unconstitutionally interfered of the law was not followed. It is pretty 644 and urge my colleagues to support with the role of the Commander in plain and simple. By failing to notify this institution and our Constitution. Chief. the Congress in accordance with the 30- Mr. SMITH of Washington. Mr. We tell our Commander in Chief to day reporting requirement, our Presi- Speaker, I yield 4 minutes to the gen- bring as many as possible of our men dent acted outside of the law. Clearly, tleman from California (Mr. SHERMAN). and women home safely. We cannot at it wasn’t authorized and the law was Mr. SHERMAN. Mr. Speaker, we are the same time, in effect, prohibit any ignored. here to consider a technical violation prisoner exchange with which the You can make arguments about what of section 1035 of the National Defense enemy hard-liners may disagree. other prerogatives he had, but you Authorization Act. A fair reading of Now, I am not here to praise the can’t say, well, article II we’ll put in that section would indicate that it is Bergdahl decision. I think I disagree place and that trumps other areas of drafted and focused on gratuitous pris- with it; I know I disagree with it. But the law. I think you have to say that oner releases, the many occasions prior I am here to say that this was a code this law was disregarded. to the adoption of that section when section not designed to apply to the Our Constitution clearly outlines the prior administration or this admin- situation, cannot practically be applied those separations of powers. This prin- istration chose to release a prisoner. to this situation, and is constitu- ciple is the cornerstone of our democ- When applied to the situation for tionally questionable as applied to this racy. Our Framers carefully incor- which it was drafted, it is a practical situation. porated the division of the government and fully constitutional provision. The SPEAKER pro tempore. The and the responsibilities there in order It is practical because it involves a time of the gentleman has expired. to protect citizens by preventing any 30-day delay in release of a prisoner Mr. SMITH of Washington. I yield one branch of government from over- where there is no particular hurry to the gentleman an additional 1 minute. reach and abuse of power. That is why release the prisoner. We release the we are here is to have these type of de- prisoner 30 days after the notice; we Mr. SHERMAN. Given that, how can bates and say the President clearly make the decision to release the pris- it be said that it is a good use of Con- acted outside of the law. oner; the prisoner is released; and it gress’ time to pass some formal resolu- I will make this even clearer. Con- gives Congress 30 days to perhaps pass tion attacking the President for not gress makes the laws; the President, on a law prohibiting such release. applying to this situation a code sec- the other hand, has a constitutional I believe it is constitutional because tion so infirm? charge of ensuring the laws are faith- it doesn’t interfere with the Com- I think that what we are doing today fully executed—not just part of them, mander in Chief’s ability to safeguard is dodging the real responsibility of but all of them. In this case, the Presi- and protect the soldiers under his com- Congress. We are engaged now in bomb- dent knowingly and wilfully dis- mand. ing ISIS. The Constitution says that regarded his constitutional duties, and Now there is an attempt to criticize Congress should play a role in making Americans deserve better. the President for not following this that decision. Many of our colleagues Americans expect that their Presi- statute when it is applied to a situa- would prefer to dodge the issue. It is dent will uphold his end of the con- tion for which it was not drafted and safer to attack the President for what stitutional bargain. Americans expect when it is applied in such a way where he did in the past than to participate that the laws of the land apply to ev- it becomes incredibly impractical, per- in the decisions of the future. eryone and that they are applied prop- haps impossible, and constitutionally We should be dealing with an author- erly in accordance with the direction questionable. ization to utilize military force against from Congress. Americans also expect We have had prisoner exchanges in ISIS. We should be debating the term that their congressional leaders are every war we have fought, and they that that applies. We should be debat- simply not going to shrug their shoul- have been implemented by the execu- ing whether it applies to airpower ders and look the other way. Congress tive branch. Even in World War II, we alone or whether, under some cir- has an obligation to the people to en- had prisoner exchanges before the end cumstances, we should have boots on sure that its laws are enforced. That is of the war. the ground. why we are elected. Now, as a practical matter, if you But, no, we are not dealing with that. Our Nation remains, today, at a tip- have a 30-day delay in effectuating a That is too tough a vote. That is a vote ping point in this world’s history in a prisoner exchange, it is not just the on which members of both parties war against terrorism. The unlawful U.S. Government that has 30 days to might disagree. Instead, we are playing release of five Taliban prisoners, some think about whether to go through around with this resolution. of whom will certainly return to the with the decision. You also give the Mr. MCKEON. Mr. Speaker, just a lit- battlefield, deeply concerns me. An in- enemy 30 days to think about it. And tle reality check here. I offered the vestigation I led in 2012 indicated at the hard-liners within the enemy’s points that went into the National De- the time that 27 percent return to the council can eliminate the deal. So it is fense Authorization Act. One of the battlefield. That is why I remain skep- impractical, especially if it was a good reasons I did it was because we specifi- tical of the administration’s assess- deal. cally did not want any detainees to be ment that the released prisoners will Now, this may not have been a good taken from Guantanamo without alert- not pose a threat to our national secu- deal, but there may come a time when ing the Congress, because they had rity. we have negotiated a very good, favor- tried it before and it had pushback We have no idea how much more ter- able-to-America prisoner exchange. from the Congress and we felt like we ror those men now might unleash and And this provision would say it is pre- should have a part in that protection of what impacts they will have on the vented not by decisions of the Congress our people.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.048 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7329 b 1545 over for speeding and saying, I can Mr. Speaker, today, the President is There are 80 people, detainees, in speed because the guy in front of me meeting with congressional leaders to Guantanamo that have been vetted and did it. discuss our strategy moving forward in that are approved for possible transfer Then there is no law at all. The laws Iraq and Syria to protect Americans, to a suitable location. None of these that this Congress sends over there and our homeland, and our national inter- five were on that list. All were consid- the President signs are not rec- ests. ered too dangerous to be on that list. ommendations. They are not sugges- It is hard for me to understand why we are debating this partisan resolu- There were several months of negotiations. Mr. Speaker, the President of the tion that would condemn the President tions. There was plenty of time to give United States broke the law. No mat- and our government for having saved us the 30 days’ notice. They talked to ter what another Congress does, or an- the life of an American soldier, Ser- 80 to 90 people in four different execu- other Congress did, or what another geant Bowe Bergdahl. tive branches: the State Department, President ever did is irrelevant to this In the past month, we have seen with the Defense Department, the White today. horror the sight of two Americans House, and Homeland Security, but not The SPEAKER pro tempore. Mem- killed at the hands of some of these de- one Member of Congress, in compliance bers are reminded to refrain from en- ranged insurgents, not unlike the situ- with the law. They didn’t talk to Sen- gaging in personalities toward the ation many of our American soldiers ator REID, they didn’t talk to Senator President. have faced in Afghanistan where Mr. FEINSTEIN, and they didn’t talk to the Mr. SMITH of Washington. I would Bergdahl was captured. Speaker. Nobody. And that was not ac- again note that it is not a matter of So here we have 2 weeks to go in this cidental. That was a firm decision to speeding. It would be as if someone congressional session because we are avoid the law and to avoid going to the were stopped for speeding and said that just back from an August recess where Congress, which was required. there is no posted speed limit, how are there were no votes, and we have al- Mr. Speaker, I yield 2 minutes to the you saying that I was speeding? That is ready been told by the Republican lead- gentleman from Wisconsin (Mr. the argument. It is the argument a ership in the House that they don’t in- RIBBLE), my friend and colleague, a number of Presidents have made, that tend to be in session more than 2 weeks member of the Budget Committee, and their article II authority for national now, this week and next week, possibly cosponsor of the resolution. security purposes gives them the legal a few days in the following week, and Mr. RIBBLE. Mr. Speaker, I thank right to do this. we are going to be gone. the chairman for yielding. I would also note that in a couple In that time, we have to finish a Article I, section 1 of the United hundred years of history, no court has budget, we have to deal with all sorts States Constitution says: ‘‘The Con- ever said otherwise, has ever reversed of other pressing matters, and we have gress shall have the power’’—I want to one of these decisions by the President. to work with the President to come up repeat—‘‘the Congress shall have the So this notion that the President with a strategy to make sure that it is power to make rules concerning the knew he was breaking the law and just clear where America stands on these capture on land and water.’’ did it, and comparing it to two wrongs issues that impact the lives and secu- December 26, 2013, the President of don’t make a right or people speeding, rity of Americans abroad and at home, the United States signed into law the it is the President’s opinion—and, by and here we are debating a resolution Congress’ action on article I, section 8, the way, not just this President, but that has no impact. It doesn’t change regarding making rules. every President that I am aware of, in- the circumstance. Bowe Bergdahl is The President had options on Decem- cluding, again, George W. Bush, that now alive and back home. It doesn’t ber 26, 2013. He could have signed it, as this is not a violation of the law, this change the fact that James Foley is he did, accepted language that was in is not speeding, because of his article II still dead and so is Steven Sotloff. there, knowing it was in there—I am authority. So it is not a matter of sim- They are both still gone. But what we assuming someone over there read it. ply saying, well, he broke the law but do know is that the military kept its So he had an option to sign it. He had if someone else did it, it is okay. It is commitment to our men and women in an option to send it back, and at that arguing that none of those people actu- uniform when they say we never leave point the Congress could have done ally broke the law. That is the argu- one of our own in military uniform be- whatever they wanted to do. They ment in the debate. hind. could override it, they could rewrite it, As far as the bill itself, yes, the Now, you can have this semantic dis- they could revote on it and send it President was very much aware of it, cussion about whether a statute super- back again. that it was in that bill when he signed sedes the Constitution or whether this What the President didn’t have the the bill, and it was part of a much larg- statute required the President to act a right to do was to change it. And, in er bill. It was part of the National De- certain way. All I know is what Gen- fact, I have heard a couple of times fense Authorization Act. eral Dempsey has said before. General today quoting of article II of the Con- When he signed that bill, he noted: ‘‘I Dempsey being the chairman of the stitution. I have read it probably a disagree with this portion. I think it Joint Chiefs of Staff, Martin Dempsey, dozen times just sitting here today. It has the potential to violate my article General Dempsey said this with regard is relatively short. I am having a hard II authority.’’ So he absolutely noticed to the rescue of Bowe Bergdahl: time finding the authority here, but I that it was in there and gave us notice This was likely the last best opportunity did find some interesting thing. Article that he did not feel that it would le- to free him. II: ‘‘Before he enter on the execution of gally bind him in certain cir- Now, anyone in this Chamber has the his office, he shall take the following cumstances. right to argue whatever they want. But oath or affirmation, ‘I do solemnly Again, it is a debatable point. All I no one was in the shoes of Bowe swear or affirm that I will faithfully know is that in a couple hundred years Bergdahl, quite honestly, no one was in execute the office of the President of of history, the Presidents, all of them, the shoes of General Dempsey, and at the United States and will to the best have won that debate. And now here we the end of the day, not one of us is in of my ability preserve, protect, and de- stand today saying that this one Presi- the shoes of President Barack Obama. fend the Constitution of the United dent somehow uniquely should be con- And if that window is closing, he has States.’ ’’ demned for doing what all before him got to make a decision because there is Later it says that the President, he have done and what all courts have an American life on the line. And if we shall take care that the laws be faith- said is perfectly okay. don’t believe that, just ask the families fully—faithfully—executed. So, again, I find this to be more par- of Mr. Foley and Mr. Sotloff. The idea that the President can take tisan than substantive. Bowe Bergdahl is alive today. Thank the very law that he signed into exist- With that, Mr. Speaker, I yield 4 the Lord, thank you, President Obama, ence by putting his name on it—the minutes to the gentleman from Cali- and thank you to our men and women very law—as a suggestion—whether or fornia (Mr. BECERRA). in uniform who risked their own lives not any President before him did it—is Mr. BECERRA. I thank the gen- to make sure that men and women like tantamount to someone being pulled tleman for yielding. that could come back home.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.050 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7330 CONGRESSIONAL RECORD — HOUSE September 9, 2014 We have 2 weeks to go before we are that does not change it. It is still the tration put up a big red warning flag gone and out campaigning for election. law until it is challenged in the courts. saying that article II of the U.S. Con- You would think that we would work That is our system. stitution, which empowers the Presi- on the things that people in America Anyway, Mr. Speaker, at this time, I dent to be the Commander in Chief, are concerned about most. They want am happy to yield 2 minutes to the conflicted with that section, and they us to not shut down this government gentleman from Georgia (Mr. BARROW), reserved their rights to continue to act again, they want us to make sure that my good friend from the other side of pursuant to the Constitution. we continue the success of the last 55 the aisle. Now, any first-year law student— months of creating 10 million jobs—be- Mr. BARROW of Georgia. Mr. Speak- frankly, almost any high school stu- cause remember, don’t forget, it wasn’t er, I thank the gentleman for yielding. dent who takes American history— too long ago, January 2009, when Mr. Speaker, I rise today as a sup- knows that a constitutional provision George Bush handed the keys over to porter and a sponsor of this resolution, trumps a statute, that when there is a Barack Obama at the White House, we and I appreciate my friend from Vir- conflict of law between a constitu- bled 800,000 jobs in just 1 month. We ginia (Mr. RIGELL) for working with me tional provision and a statute, the Con- have got more work to do to get people on this bipartisan effort to hold the ad- stitution prevails. to work. There are a whole bunch of ministration accountable. Under cur- The President, as Secretary Hagel families, including mine, who are send- rent law, the President is required to laid out in excruciating detail when he ing their kids to college. notify Congress prior to releasing any was asked about the sequence of events The SPEAKER pro tempore. The prisoners from Guantanamo Bay. Un- which led up to the decision that was time of the gentleman has expired. fortunately, he failed to do that this made, again reviewed through the Jus- Mr. SMITH of Washington. I yield summer when he transferred five high- tice Department their authority. the gentleman an additional 1 minute. priority detainees in exchange for Ser- Realizing that again there was no Mr. BECERRA. We have more stu- geant Bowe Bergdahl. plan B, there was no plan C to get Ser- dent loan debt in America held by our Although I am grateful that Sergeant geant Bergdahl out of captivity, there young men and women trying to get Bergdahl has been reunited with his was no Special Forces sort of ready to their college degrees and, of course, family, I strongly disagree with the rev up and go in and free him, the fact their parents, as well, who are paying President’s decision to negotiate with of the matter is that it was this or for them, than we hold in all the credit terrorists, and I certainly don’t agree there was nothing and that, exercising card debt in America today. with the President’s decision to make his rights under the Constitution, they Does this bill do anything to help this prisoner exchange without first moved forward and freed Sergeant young Americans and their parents consulting with Congress in the man- Bergdahl, which apparently everybody help their kids get through college? ner required by federal law. agrees with the outcome, they are just Not a thing. Does this help an Amer- The freeing of terrorists poses a na- upset with the fact that the President’s ican today who works full-time and tional security threat to Americans interpretation of the law is different still lives in poverty because he is and our Armed Forces, and it com- than the committee. working at a minimum-wage job? Not a plicates our current efforts to combat So where are we with this resolution? thing. terrorism worldwide. Negotiating with Is there a remedy? Is anybody pro- Does this help a woman who is out terrorists will only weaken this Nation posing to do anything other than just there working just as hard as a man in the future and encourage other ter- sort of issue what I think is just a po- and doing the same exact thing but rorists to kidnap Americans in an at- litical polemic criticizing the Presi- earning less money than he is? Not a tempt to extort future prisoner ex- dent for his actions? thing. changes. This resolution is a nullity in terms We have got work to do. of any effect or impact that it actually b 1600 Bowe Bergdahl is alive. Let’s praise has in terms of the President’s actions. that. Let’s make sure every American Checks and balances aren’t nego- He is not being held to account by im- can come back home and say the same tiable. It is unacceptable for this or peachment, which probably there is a thing, and then let’s get to work doing any other administration to treat Con- lot of talk on the Internet when this the real business of this country rather gress as an afterthought or adversary, was all taking place, but that is not than passing partisan resolutions that particularly with decisions impacting happening. have nothing to do with the business at our national security and especially So it is just really we are filling up hand. since, in this case, Congress could have space here on the floor of the House Mr. MCKEON. Mr. Speaker, I respect helped the President get this decision when we have so many other pressing my friend. We came to Congress to- right. issues. At the end of the day, it is not gether, and I appreciate his remarks on For all these reasons, Mr. Speaker, I going to change the events. It is not a lot of things. But we should get back urge my colleagues to support this res- going to change the two sides in terms to the subject at hand. This has noth- olution. of their interpretation of what hap- ing to do with Sergeant Bergdahl. This Mr. SMITH of Washington. Mr. pened here one iota. has to do with the action that the Speaker, I yield 3 minutes to the gen- Mr. Speaker, again, I understand President took. We are all happy that tleman from Connecticut (Mr. COURT- that people had an honest disagree- Sergeant Bergdahl is home, and we are NEY). ment about the way the statute was in- glad that he is here, and his case will Mr. COURTNEY. Mr. Speaker, as a terpreted and implemented, but what I be taken care of separately. Member of the House Armed Services will just say to you is that that is an Mr. Speaker, there is a call to do Committee and having the honor to honest disagreement that happens and something for the President. The Presi- serve under Mr. MCKEON and Ranking has happened in American history over dent hasn’t asked us to do anything Member SMITH, I would like to just and over again. yet. He is not even speaking until to- share a couple of thoughts, having sat We should move on. We should let the morrow. Then we will see what he has through the hearing with Secretary military do whatever disciplinary pro- to say, and then we will see how we Hagel where he was held accountable ceedings they are going to do with Ser- move forward. that day, he was asked very probing, geant Bergdahl. I am not an attorney. My good friend difficult questions about a very dif- The SPEAKER pro tempore. The from Washington is a great attorney. ficult decision, which was happening at time of the gentleman has expired. And I recall when we had Secretary Mach speed, when an opportunity—a Mr. SMITH of Washington. Mr. Hagel, and Secretary Hagel made the small window of opportunity opened up Speaker, I yield an additional 30 sec- comment that he thought what they to recover an American soldier held in onds to the gentleman. did was within the law. And my good captivity by the enemy. Mr. COURTNEY. We should let the friend responded that here is the way it When the President signed the Na- military act as they deem appropriate works: The President signed the bill tional Defense Authorization Act, in- in terms of Sergeant Bergdahl’s actions and said that he disagreed with it, but cluding the 30-day notice, the adminis- in the Middle East, but the fact of the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.051 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7331 matter is it is Secretary Hagel who ington has 7 minutes remaining. The powers that ensures Congress is in- came before this committee as a gentleman from California has 10 min- volved in major decisions that affect wounded warrior from the war in Viet- utes remaining. our country’s national security. nam, an impeccable military history— Mr. SMITH of Washington. Mr. I have serious concerns when the in my opinion, one of the most out- Speaker, I yield myself 2 minutes. President deliberately ignores Con- standing individuals I have had the The issue here of negotiating with gress, negotiates with terrorists, and privilege to meet in Washington, D.C.— terrorists misses the fact that this hap- violates the law which requires that he testified honestly and sincerely. He pened on the battlefield. The five consult with Congress before releasing took his hits before the committee. Taliban commanders were captured on detainees. Let’s move on. Let’s accept his expla- the battlefield, as was Bowe Bergdahl. Those five Taliban leaders that were nation. Disagree with it if we honestly This was a prisoner exchange, as has released are already responsible for the feel that he acted improperly, but the happened in every war that we have deaths of many Americans. In 2010, fact of the matter is he acted pursuant fought. they were determined ‘‘too dangerous to the Constitution. It is time for this Now, it is a slightly different situa- to transfer’’ by President Obama’s own Congress to focus on real issues that tion because it is the Taliban who are task force. One of the five had ties to have a real effect on the American peo- now out of power. We are not actually Bin Laden himself. Another is wanted ple. fighting a government at this point. by the United Nations for war crimes. Mr. MCKEON. Mr. Speaker, I yield 2 We are fighting a group of insurgents, Unfortunately, there is a good chance minutes to the gentleman from Colo- but nonetheless, Bowe Bergdahl was these five terrorists will return to their rado (Mr. LAMBORN), my friend and col- captured on the field of battle, as were radical jihadist fight against America league, and a member of the Com- the five Taliban commanders, and this and against our Western allies. Nearly mittee on Armed Services. was a prisoner exchange. 30 percent of detainees reengage in ter- Mr. LAMBORN. Mr. Speaker, I thank To equate this with negotiating with rorist activity after being released. the chairman. terrorists I think totally misses the In any major decision of war and I rise today in strong support of H. point of that aspect of it, that we were peace, Congress must have a say be- Res. 644. The President’s actions in exchanging prisoners, not dealing with cause the American people must have a unilaterally swapping five Taliban a straight terrorist situation. I don’t voice. As we continue to face many members for an American prisoner think it sets that precedent at all, and tough decisions over how to best protect Americans at home and abroad, swept away a decades-old policy of not I think we need to be aware that that Congress should be an active partici- negotiating with terrorists. This policy was what the President was facing. pant in decisionmaking. I will continue prevents the United States from being Was the exchange a good deal? That to work hard to ensure our homeland extorted by evil people who hold no re- is highly debatable. I am glad I wasn’t remains safe from terrorist attacks. the Commander in Chief having to gard for human life. I urge my colleagues to support this The President’s actions lead to an make that call, facing the deterio- resolution. open season on Americans all over the rating health of Bowe Bergdahl and Mr. SMITH of Washington. Mr. world. Are we now in the business of wondering if five Taliban prisoners Speaker, I reserve the balance of my negotiating with terrorists? Is ISIL up were worth saving his life, but these time. next at the bargaining table with this sorts of decisions are made all the Mr. MCKEON. Mr. Speaker, I yield 2 administration? These are senior time. minutes to the gentleman from Florida Taliban detainees, not low-level foot I would remind you that Prime Min- (Mr. DESANTIS), my friend and col- soldiers. Will the administration stop ister Netanyahu of Israel, no shrinking league and a member of the Foreign Af- at five next time? Why not 50 or 100? violet when it comes to terrorism, once fairs Committee. This is unacceptable. exchanged over 1,000 Palestinian pris- Mr. DESANTIS. Mr. Speaker, it The President’s actions were also oners for two Israel soldiers because seems to me you have two issues here: troublesome because he did not inform that was a prisoner exchange. That was one, Congress, which we have an enu- Congress prior to making the swap. bringing home the people that Israel merated power to make rules for de- Even the independent Government Ac- wanted brought home, and it was not tainees captured on land and water; countability Office explicitly said that easy. then you also have, as the GAO report this exchange broke the law. Some will So this is not simply a matter of ne- pointed out, a funding prohibition that try to say that this is just partisan gotiating with terrorists or giving withheld funds contingent on the rhetoric, but what did they say to the away prisoners. It is the difficult President providing that notification. findings of the nonpartisan GAO? choice of what you do to bring your As Madison said in the Federalist Pa- While it is a relief to have an Amer- own soldier home, a difficult choice pers, the power of the purse is the most ican home, the way this was done fur- that every President or Prime Minister effectual weapon that we have in terms ther erodes the working relationship whose country is engaged in warfare of vindicating the interests of our con- between the President and Congress. has to face. I don’t think we should di- stituents. So whatever the President’s The President asked the Congress to minish the difficulty or the importance article II power is, clearly, if we react and pass bills, but how can we trust of that decision. move the funding, then he is not able him with new legislation when time I reserve the balance of my time. to do that through the executive and time again he has abused that Mr. MCKEON. Mr. Speaker, I yield 2 branch. trust? How do we know he is not just minutes to the gentlewoman from Indi- So the question is: Knowing that, going to ignore the next law that we ana (Mrs. WALORSKI), my friend and why go ahead and do it? Why not com- send him? colleague and a member of the Com- ply with both the statute and the fund- Congress must stand up against the mittee on Armed Services. ing restriction? I think the reason is way this prisoner exchange took place. Mrs. WALORSKI. Mr. Speaker, I rise because they knew this would not be We are a nation that believes in the in support today of H. Res. 644, for popular with the American people. One rule of law. We have a Congress that which I am a proud cosponsor. of my colleagues on the other side of makes law and a President who is sup- This bipartisan bill condemns and the aisle said, ‘‘Well, this statute real- posed to enforce them. In this case, the disapproves the Obama administra- ly shouldn’t apply in this situation be- law was broken, and Congress cannot tion’s failure to comply with the lawful cause hard-liners in the enemy camp remain silent. requirement to notify Congress before can nix the deal.’’ I urge every one of my colleagues to releasing individuals detained at Guan- I have got news for you, Mr. Speaker, support this important resolution. tanamo Bay and expresses national se- the hard-liners were the subject of the Mr. SMITH of Washington. Mr. curity concerns over the effects of re- deal. I served in Guantanamo for a Speaker, may I inquire as to how much leasing five Taliban leaders and negoti- time. The Bush administration re- time is remaining? ating with terrorists. leased detainees who they thought may The SPEAKER pro tempore (Mr. Our constitutional system of checks not have been a danger anymore. No- YODER). The gentleman from Wash- and balances maintains a separation of body would have even suggested that

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Mem- is that the Secretary made it very American people as a whole. We did bers are reminded to refrain from en- clear that this was a military oper- that legitimately, and this President gaging in personalities toward the ation with very high risk, as spoken by decided to flagrantly violate the lawful President. Secretary Hagel on June 11, 2014, and a actions that we took. Mr. SMITH of Washington. Mr. very short window of opportunity that I urge support for this resolution. Speaker, I have to ask: What is person- we didn’t want to jeopardize, both for Mr. SMITH of Washington. Mr. alities toward the President, just for a the sake of Sergeant Bergdahl—there is Speaker, I continue to reserve the bal- point of clarification? Personal at- a sentence that congratulates us for ance of my time. tacks, perhaps? not leaving our precious treasure be- Mr. MCKEON. Mr. Speaker, I yield 2 The SPEAKER pro tempore. Mem- hind—and our operators in the field minutes to the gentleman from Illinois bers are allowed to engage in debate on who put themselves at great risk to se- (Mr. SCHOCK). policy. They are not allowed to engage cure this return. There are those of us Mr. SCHOCK. Mr. Speaker, I rise in in personally offensive remarks regard- who remember that brief glimpse that support of this resolution. ing the President. we had of the rescue. Our men and The release of the Taliban Five, in Mr. SMITH of Washington. Thank women swooped down and picked up violation of a law that President you. Sergeant Bergdahl. It was a military Obama himself signed, is among the Mr. Speaker, I yield 3 minutes to the action. greatest examples of this administra- gentlewoman from Texas (Ms. JACKSON This is an unnecessary resolution, tion’s disregard of the Constitution. It LEE). Mr. Speaker. It is wrongly condemning. reflects contempt for this Congress and Ms. JACKSON LEE. Mr. Speaker, I The President had authority and he ex- for the people who are represented think it is important to take note of plained what the action was. here. Worst of all, his actions have the importance of this debate and, as Vote against this resolution. It is un- emboldened Islamic militants and en- well, the respect that we as Members of timely and wrong. Vote against it. dangered American service personnel Congress owe each other and this insti- Mr. Speaker, I rise in opposition to the rule and civilians around the world. tution. governing debate of H. Res. 644, and the un- Five years ago, when I first came to I have long said that our longevity derlying resolution. Congress, the President announced his comes not only because of the demo- I oppose the resolution because at bottom it intentions to close the terrorist deten- cratic principles of our Constitution, is nothing more than another partisan attack tion facility at Guantanamo Bay. The but because there is the groundwork of on the President and will make it difficult for Justice Department went shopping for the Founding Fathers and those who this body and the Administration to find the a prison back in my State of Illinois to took to the floor to debate such raging common ground and goodwill needed to de- relocate those most dangerous and issues as the question of slavery in the vise and support policies needed to address hardened enemy combatants from the 1800s. Each time we are given the the real threats and challenges facing our wars in Afghanistan and Iraq. microphone, I think that we should ad- country, particularly the threat posed by ISIS. Back then, Democrats had a majority here to that respect, and each time we H. Res. 644, a resolution disapproving of in this House and a supermajority in put our pen to paper to create legisla- the Obama administration’s failure to provide the United States Senate. Even then, tion, it should equally be based on the Congress with 30 days advance notice before the President could not get authority grounds of respect and understanding making the transfer of certain Guantanamo from this Congress, controlled by his of the constitutional divisions of the detainees that secured the release of an party in both chambers, to empty three branches of government. American soldier, U.S. Army Sgt. Bowe Guantanamo and move terrorists even Today I think we have failed. This is, Bergdahl. detained back here to United States as I said, a personal attack against the Sgt. Bergdahl’s health was poor and rapidly soil. President. If we would read the resolu- deteriorating at the time his release from cap- It is one thing for the President to tion, we would see five items that com- tivity was secured by his Commander-in-Chief, defy any old law. It is another thing for pletely dictate the failure of the President Obama, who speaking for the na- the President to defy the very laws Obama administration. tion, said on June 3, 2014 in response to crit- that he, himself, signed into law, but Let me say that all of us concede the ics of his decision: President Obama has gone even fur- point that section 1035 that was added The United States has always had a pretty ther. under the Obama administration in sacred rule, and that is: we don’t leave our By refusing to notify Congress of his 2012—or, more recently—does ask the men or women in uniform behind. Regardless intention to open the gates at GTMO President to give a 30-day notice to of the circumstances, we still get an Amer- and thus avoiding the anticipated po- Congress. No other President has been ican soldier back if he’s held in captivity. Period. Full stop. litical pressure that his carelessness asked to do that. would invite, the President has done The President has been very clear on Mr. Speaker, the resolution condemns the the unthinkable. He has negotiated his intent to close Guantanamo. Many Obama Administration for failing to comply with terrorists, plain and simple. of us have been to Guantanamo. But with the 30-day advance notice requirement I would say that he has abused the of- the issue before us was not an effort to imposed by Section 1034 of the National De- fice and the power which comes with it, close Guantanamo. And so to suggest fense Authorization Act for Fiscal Year 2014 except in this case he has done some- that there was malicious intent of this (Public Law 113–66; 10 U.S.C. 801 note) and thing that he doesn’t even have the President is, from my perspective, section 8111 of the Department of Defense power to do. showing disrespect and dishonor to us, Appropriations Act, 2014 (Public Law 113–76). the institution, and the three branches I disagree for several reasons. First, as De- b 1615 of government. fense Secretary Hagel testified before the Tomorrow night the President will Let me be very clear. There is a de- House Armed Services Committee on June address the Nation about his latest bate on the powers that the President 11, 2014, ‘‘this was not simply a detainee strategy to deal with Islamic jihadists, has under the war powers. Some say transfer, but a military operation with very high but I would suggest that the world has there is a statute that says he had to risk and a very short window of opportunity seen enough about how this adminis- notify us. But there was an expla- that we didn’t want to jeopardize—both for the tration deals with terrorists and noth- nation. This very strong committee, sake of Sergeant Bergdahl, and our operators ing he says tomorrow night can hide the Armed Services Committee, with in the field who put themselves at great risk to the growing sense among jihadists the chairman, whom I respect, and the secure his return.’’

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And majority assumes that the provisions of Sec- does not help or strengthen our country for the that is the decision the President tion 1034 of National Defense Authorization House to be debating a partisan resolution made. Act trump the President’s constitutional author- condemning the President and Commander-in- This resolution is not primarily ity under Article II if the two are in conflict. Chief. about whether or not the deal should This clearly is an erroneous assumption since In concluding, let me quote again Defense have been done; it is about whether or Article VI of the Constitution makes clear that Secretary Hagel: not we should condemn the President the Constitution is the supreme law of the land The options available to us to recover Ser- for a clear violation of the law. And I and prevails in the event of a conflict with fed- geant Bergdahl were few, and far from per- will simply come back to the fact that eral or state law. See, e.g., INS v. CHADHA, fect. But they often are in wartime, and es- this President has only done what 462 U.S. 919 (1983) (federal law conferring pecially in a complicated war like we have every other President before him did in ’’legislative veto’’ power to be exercised by been fighting in Afghanistan for 13 years. exercising his article II authority— Wars are messy and full of imperfect choices. only House of Congress held unconstitutional). In the decision to rescue Sergeant under his interpretation and every pre- But even if it were less clear whether a con- Bergdahl, we complied with the law, and we vious Executive’s—that this was legal. flict existed between a federal law and the did what we believed was in the best inter- It has been implied throughout this President’s authority as Commander-in-Chief, ests of our country, our military, and Ser- resolution that the President looked at as Justice Robert Jackson pointed out 62 geant Bergdahl. the law and said: I’m just not going to years ago in the famous ‘‘Steel Seizure The President has constitutional respon- follow it. That is not what he did. He Case,’’ Youngstown Sheet and Tube Co. v. sibilities and authorities to protect Amer- did what every President before him ican citizens and members of our armed Sawyer, 343 U.S. 579, 640 (1952), it does not forces. That’s what he did. America does not has done. He said that he believed it automatically follow that the president has leave its soldiers behind. was within his legal authority to make ‘‘broken the law’’ if he relies upon his claimed We made the right decision, and we did it this decision. constitutional authority: for the right reasons—to bring home one of So to put forward a resolution that [B]ecause the President does not enjoy our people. said he intentionally broke the law, I unmentioned powers does not mean that the Mr. Speaker, we should not waste this pre- think, is wrong on its face. This Presi- mentioned ones should be narrowed by a nig- cious remaining on matters intended to score dent made a determination about his gardly construction. Some clauses could be political points or to hold the current president article II authorities and went forward made almost unworkable, as well as immu- with it. He did not knowingly violate table, by refusal to indulge some latitude of to standards we never applied to his prede- interpretation for changing times. I have cessors. the law. Secretary Hagel has explained heretofore, and do now, give to the enumer- I urge all Members to join me in opposing that repeatedly. ated powers the scope and elasticity afforded the rule and the underlying resolution. Again, I said it a little while ago that by what seem to be reasonable, practical im- Mr. MCKEON. Mr. Speaker, might I President Bush did the exact same plications, instead of the rigidity dictated by inquire as to how much time is left? thing. He violated any number of dif- a doctrinaire textualism. The SPEAKER pro tempore. The gen- ferent laws and said that article II is Additionally, Mr. Speaker, it should be point- tleman from California has 41⁄2 minutes the reason. We have been told: Well, ed out that the constitutionality of Section remaining. The gentleman from Wash- that was years ago. I don’t know what 1035, the statutory provision which the resolu- ington has 21⁄2 minutes remaining. we would have done then. tion asserts the President has violated, has Mr. MCKEON. We have just one more I have offered up the opportunity for never upheld by any court, and certainly not speaker. anybody on the other side to as round- upheld against a challenge that it Mr. Speaker, the inference has been ly criticize and condemn President impermissibly infringes upon the President’s that this happened on the spur of the Bush for those actions now that we are duty as Commander in Chief to protect the moment and they didn’t have time to here. I haven’t heard it. It hasn’t been lives of Americans abroad and to protect U.S. tell Congress. These negotiations on said. All of which leads us to the ines- service members. this transfer went on for months. They capable conclusion that this is more The Administration strongly objected to the have admitted they told 80 to 90 people partisan than principled. This Presi- inclusion of Section 1035 in the National De- in four of the departments of the exec- dent is the one who is being condemned fense Authorization Act for 2014, on the utive branch but not one Member of by a Republican Congress. All the ground that it unwisely and inappropriately Congress, in compliance with the law. other Presidents have done it and it is interferes with the Executive Branch’s ability to Mr. Speaker, I reserve the balance of just: Oh, we are just not going to do manage detainees in a time of armed conflict. my time. anything about that. That leads to the Indeed, the President has informed Con- Mr. SMITH of Washington. Mr. belief that this is a partisan action. gress of his objection to the inclusion of these Speaker, I yield myself the balance of I think Congress should comment on and similar provisions in prior versions of the my time. this. We had great hearings on this. We Defense Authorization and Defense Appropria- On the last point about the people should have had a hearing on this. We tions Act is law, and it is interesting to note who were noticed how long this was brought in Secretary Hagel. He ex- that they only began to be inserted after Presi- going on for, yes, the negotiations were plained himself. We criticized some of dent Obama assumed the office. going on for around 3 years, but the those decisions. That is appropriate. Mr. Speaker, not only is the resolution be- timeliness came in when they actually This resolution is unprecedented and fore us ill-conceived and unwise, its timing had a deal. The President’s concern I think once again shows that this body could not be worse. was once they got to the point where has become more partisan than prin- There are only a few days left before the they had the deal, if the details of it cipled. Congress adjourns. We need to devote all our had been leaked, it would have nixed I urge everyone to reject the resolu- time on addressing the real problems facing the deal. And they were deeply con- tion, and I yield back the balance of the American people, like raising the minimum cerned about Sergeant Bergdahl’s my time. wage, making college more affordable, pass- health. Mr. MCKEON. Mr. Speaker, I yield ing immigration reform, and responding to the As I have said, this is an extraor- myself such time as I may consume. threat to the security of the nation and the dinarily difficult call. I don’t know if I Mr. Speaker, I am leaving Congress homeland by ISIS. would have done this deal or not. It is at the end of this year, but I am sure at Mr. Speaker, the threat posed by ISIS is se- hard. The Commander in Chief has that home I will still be able to hear blame rious and real and the President has reached responsibility. As I have mentioned, on President Bush for at least the next out to Congress to work with him to develop other leaders through the world have 2 years. a unified and international response to meet done it, including Prime Minister Ben- One thing we can’t escape is the fact the threat. jamin Netanyahu, who gave up over a that this went on for months. Even

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This decision not to fol- cate to Afghanistan and resume launching at- ecutive branch and not one Member of low the law undercuts the trust that is tacks against the United States and our Allies. the House of Representatives or the required between the military and the At a time when our brave men and woman are U.S. Senate, in accordance with the intelligence community and the Con- still fighting the Global War on Terrorism in Af- law. gress in carrying out our responsibil- ghanistan, this decision further places our he- Mr. Speaker, I am proud to yield ities. roes in harms way. such time as he might consume to the Tomorrow night we are all going to This administration has a history of ignoring gentleman from Texas (Mr. THORN- listen to the President as he, hopefully, our laws in order to achieve its own agenda. BERRY) to give the concluding remarks gives us his goals and strategy for According to Secretary of Defense Chuck on this debate. He is the vice chairman achieving the goals to diminish and de- Hagel, these negotiations did not happen of the Armed Services Committee and stroy ISIL, but all of that is possible overnight, but were in the works for months. the chairman of the Subcommittee on only if there is an exchange of informa- The reason why the President did not notify Emerging Threats and Capabilities. tion so that we can carry out the re- Congress thirty days before giving the go- Mr. THORNBERRY. Mr. Speaker, sponsibilities that the Constitution ahead to release and pardon five jihadists as how much time remains? puts upon us. required by law is because he did not feel it The SPEAKER pro tempore. The gen- When we don’t have trust that the was necessary. It’s time to put a stop to this tleman has 31⁄2 minutes remaining. President and the military or the intel- irresponsible behavior and hold the President Mr. THORNBERRY. Mr. Speaker, I ligence community following his orders accountable. I urge my colleagues to support thank the gentleman for yielding, and are giving us that information, then we this bipartisan resolution that condemns and I want to commend the gentleman can’t have trust that we have the abil- disapproves of the President’s unlawful ac- from Virginia (Mr. RIGELL) for intro- ity to carry out our duties under the tions, which have placed American families at ducing this measuring and shepherding Constitution. risk here at home and abroad. it through the committee and onto the On a bipartisan basis, over the last Mr. THOMPSON of California. Mr. Speaker, House floor. several years, we have set up oversight I rise today to express my strong concern re- Mr. Speaker, I think that it is impor- structures on cyber, on terrorism, on garding President Obama’s failure to notify tant for us to vote on this measure for sensitive military operations that Congress at least 30 days in advance of ex- two reasons. One is that it is important allow the military to operate in a com- changing five Taliban prisoners held at U.S. for Congress to speak clearly and di- plicated world but give us the ability Naval Station, Guantanamo Bay, for U.S. rectly when a President violates the to get the information to carry out the Army Sergeant Bowie Bergdahl, who was held law, and that is exactly what GAO said oversight that we have to have. by the Taliban as a Prisoner of War (POW). the administration did. They violated That is the other reason this is im- However, this resolution is a clear example section 811. portant. This undermines that trust of partisan overreach by the House Majority Now, it is true that throughout the that is necessary for an executive and and does not appropriately address these country’s history there have been dif- legislative branch to defend the coun- issues. Nor does it advance this debate in a ferences of opinion about the constitu- try in a complex world. For that rea- constructive way. In the words of the Dis- tionality of various provisions of law. I son, I think it is important for us to senting Views of the House Armed Services think it is fairly rare, however, that a speak clearly about it because there Committee members, this resolution is ‘‘an President has chosen to violate a provi- are going to be more instances in the overstated and unnecessary product of a rhe- sion that is as clear as this one. There days ahead. torical exercise fueled by over partisanship.’’ was no waiver authority. There was no We need—we deserve—to have full in- We, as a nation, have an obligation to the ambiguity. There was no matter of information. men and women who serve in our Armed terpretation. The law was clear. It Mr. MCKEON. Mr. Speaker, I yield Forces to do everything in our power as a na- says, if you are going to transfer some- back the balance of my time. tion to bring them home. Americans do not body from Guantanamo Bay, you have Mr. WILSON of South Carolina. Mr. Speak- leave our soldiers behind. got to give at least 30 days’ notice. And er, the United States should not negotiate with Section 8111, of the Department of Defense they did have meetings within the ad- terrorists. Members of Congress on both sides (DOD) Appropriations Act of 2014, prohibits ministration that discussed whether to of the aisle agree, which is why we have the President from using any Congressionally follow that 30-day requirement, and passed laws requiring the President notify us appropriated funds to transfer any individuals they decided not to do it. So it was a if he wishes to change effective foreign policy. detained at Guantanamo Bay, unless Con- clear-cut decision not to follow the Sadly, when the President unilaterally orga- gress is notified 30 days in advance. This is law. nized a prisoner swap with the Taliban for the the law, and the President is required to com- In addition to that, the point was release of Army Sgt. Bowe Bergdahl, he broke ply with the law. made by the gentleman from Florida the law, disregarded the Constitution, and The nonpartisan Government Accountability that they also violated the placed all American families at risk. Office (GAO) concluded that ‘‘DOD violated Antideficiency Act. There has never A recent GAO report details the extent of section 8111 because it did not notify the rel- been a dispute about the ability of Con- which the President ignored current law and evant congressional committees at least 30 gress to put conditions on funding. And disregarded Congress in his decision-making. days in advance of the transfer.’’ Additionally, yet, by carrying out this action, they In addition to violating the thirty-day rule, fund- GAO concluded that DOD violated the spent funds for which they were not au- ing was used that was not available to com- Antideficiency Act ‘‘because DOD used appro- thorized to spend, which also violated a plete the transfer, which violates the priated funds to carry out the transfer when no separate law. Antideficiency Act money was available for that purpose.’’ They didn’t have to tell everybody. The five members of the Taliban whom the While I agree with the GAO findings, I can- They could have just told the Speaker President released and effectively pardoned not vote for a purely partisan measure written and majority leader. I think they are from Guantanamo Bay are ‘‘high risk’’ and under the pretense of addressing a violation of pretty safe at keeping secrets. Yet the dangerous with extensive ties to al Qaeda. the law. President chose not to. The rule of law These terrorists have the blood of innocent ci- This is a serious matter that requires delib- is important. It is fundamental to our vilians by the 9/11 attacks and American sol- erative debate in Congress. The President system. And so it is important to speak diers on their hands and are fixated on de- should have followed the law, as laid out in clearly on that. stroying our freedoms. Immediately upon their section 8111, and notified Congress 30 days But here is the second reason. The release, members of the Taliban praised this in advance of this release. However, the Constitution gives Congress a variety ‘‘big victory’’ as the first time the ‘‘enemy offi- American peo deserve better than this highly of powers related to national security; cially recognized our status.’’ One Taliban politicized resolution. but in carrying out those powers, leader went as far to say that the return of one The SPEAKER pro tempore. All time whether it is oversight of the money prisoner was ‘‘like pouring 10,000 Taliban for debate has expired. we spend, oversight of the operations, fighters into the battle on the side of jihad. Pursuant to House Resolution 715, making decisions to authorize the use Now the Taliban have the right lion to lead the previous question is ordered on the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.056 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7335 resolution and on the preamble, as Wenstrup Wittman Yoho A motion to reconsider was laid on amended. Westmoreland Wolf Young (AK) the table. Whitfield Womack Young (IN) The question is on the resolution, as Williams Woodall Stated for: amended. Wilson (SC) Yoder Mr. MCINTYRE. Mr. Speaker, during rollcall The question was taken; and the NAYS—163 vote No. 485 on September 9, 2014, I was unavoidably detained. Had I been present, I Speaker pro tempore announced that Barber Gutie´rrez Negrete McLeod the ayes appeared to have it. Bass Hahn Nolan would have voted ‘‘yes.’’ Beatty Hanabusa Mr. OLSON. Mr. Speaker, on rollcall No. Mr. MCKEON. Mr. Speaker, on that I Owens Becerra Hastings (FL) Pallone demand the yeas and nays. 485, had I been present, I would have voted Bishop (GA) Heck (WA) Pascrell ‘‘aye.’’ The yeas and nays were ordered. Bishop (NY) Higgins Pastor (AZ) Blumenauer Himes Payne f The vote was taken by electronic de- Bonamici Hinojosa Perlmutter WATERS OF THE UNITED STATES vice, and there were—yeas 249, nays Brady (PA) Holt Peters (CA) 163, not voting 19, as follows: Brown (FL) Honda Pingree (ME) REGULATORY OVERREACH PRO- Butterfield Horsford [Roll No. 485] Pocan TECTION ACT OF 2014 Capps Hoyer Polis YEAS—249 Capuano Huffman Price (NC) The SPEAKER pro tempore. Pursu- Ca´ rdenas Israel Aderholt Gibbs Murphy (PA) Quigley ant to House Resolution 715 and rule Carney Jackson Lee Rangel XVIII, the Chair declares the House in Amash Gibson Neugebauer Carson (IN) Jeffries Richmond Amodei Gingrey (GA) Noem Cartwright Johnson (GA) the Committee of the Whole House on Roybal-Allard Bachmann Gohmert Nugent Castor (FL) Johnson, E. B. Ruppersberger the state of the Union for the further Bachus Goodlatte Nunes Castro (TX) Kaptur Ryan (OH) consideration of the bill, H.R. 5078. Barletta Gosar O’Rourke Chu Keating Sa´ nchez, Linda Barr Gowdy Palazzo Clay Kelly (IL) Will the gentleman from Georgia T. Barrow (GA) Granger Paulsen Cleaver Kennedy (Mr. COLLINS) kindly take the chair. Sanchez, Loretta Barton Graves (GA) Pearce Clyburn Kildee Sarbanes Benishek Graves (MO) Perry Cohen Kilmer b 1656 Bentivolio Griffin (AR) Peters (MI) Schakowsky Connolly Kind IN THE COMMITTEE OF THE WHOLE Bera (CA) Griffith (VA) Peterson Conyers Kirkpatrick Schiff Bilirakis Grimm Petri Cooper Kuster Schneider Accordingly, the House resolved Bishop (UT) Guthrie Pittenger Courtney Langevin Schwartz itself into the Committee of the Whole Black Hall Pitts Crowley Larsen (WA) Scott (VA) House on the state of the Union for the Blackburn Hanna Poe (TX) Scott, David Cummings Larson (CT) further consideration of the bill (H.R. Boustany Harper Pompeo Davis (CA) Levin Serrano Brady (TX) Harris Posey Davis, Danny Lewis Shea-Porter 5078) to preserve existing rights and re- Braley (IA) Hartzler Price (GA) DeFazio Loebsack Sherman sponsibilities with respect to waters of Bridenstine Hastings (WA) Rahall DeGette Lofgren Sires the United States, and for other pur- Brooks (AL) Heck (NV) Reed Delaney Lowenthal Slaughter OLLINS Brooks (IN) Hensarling Reichert DeLauro Lowey Smith (WA) poses, with Mr. C of Georgia Broun (GA) Herrera Beutler Renacci DelBene Lujan Grisham Speier (Acting Chair) in the chair. Brownley (CA) Holding Ribble Deutch (NM) Swalwell (CA) The Clerk read the title of the bill. Buchanan Hudson Rice (SC) Doggett Luja´ n, Ben Ray Takano The Acting CHAIR. When the Com- Bucshon Huelskamp Rigell Thompson (CA) Doyle (NM) mittee of the Whole rose earlier today, Burgess Huizenga (MI) Roby Duckworth Lynch Thompson (MS) Bustos Hultgren Roe (TN) Edwards Maffei Titus a request for a recorded vote on amend- Byrne Hunter Rogers (AL) Ellison Maloney, Sean Tonko ment No. 3 printed in House Report Calvert Hurt Rogers (KY) Enyart Matsui Tsongas 113–581 offered by the gentleman from Camp Issa Rogers (MI) Eshoo McCarthy (NY) Van Hollen Campbell Jenkins Rohrabacher Esty McCollum Vargas New York (Mr. BISHOP) had been post- Capito Johnson (OH) Rokita Farr McDermott Veasey poned. Carter Johnson, Sam Rooney Fattah McGovern Vela ANNOUNCEMENT BY THE ACTING CHAIR Cassidy Jolly Ros-Lehtinen Foster McNerney Visclosky Chabot Jones Roskam Frankel (FL) Meng Wasserman The Acting CHAIR. Pursuant to Chaffetz Jordan Ross Fudge Miller, George Schultz clause 6 of rule XVIII, proceedings will Clawson (FL) Joyce Rothfus Garamendi Moore Waters now resume on those amendments Coble Kelly (PA) Royce Grayson Moran Waxman printed in House Report 113–581 on Coffman King (NY) Ruiz Green, Al Nadler Welch Cole Kingston Runyan Green, Gene Napolitano Wilson (FL) which further proceedings were post- Collins (GA) Kinzinger (IL) Ryan (WI) Grijalva Neal Yarmuth poned, in the following order: Collins (NY) Kline Salmon ISHOP Conaway Labrador Sanford NOT VOTING—19 Amendment No. 2 by Mr. B of New York. Cook LaMalfa Scalise Cicilline Lee (CA) Olson Costa Lamborn Schock ISHOP Clark (MA) Maloney, Pelosi Amendment No. 3 by Mr. B of Cotton Lance Schrader Clarke (NY) Carolyn Rush New York. Cramer Lankford Schweikert DesJarlais McIntyre Sewell (AL) The Chair will reduce to 2 minutes Crawford Latham Scott, Austin Dingell Meeks Crenshaw Latta Sensenbrenner Tierney the minimum time for any vote in this Engel Miller, Gary Vela´ zquez Cuellar Lipinski Sessions King (IA) Nunnelee series. Culberson LoBiondo Shimkus AMENDMENT NO. 2 OFFERED BY MR. BISHOP OF Daines Long Shuster b 1655 NEW YORK Davis, Rodney Lucas Simpson Denham Luetkemeyer Sinema Mr. CARSON of Indiana changed his The Acting CHAIR. The unfinished Dent Lummis Smith (MO) vote from ‘‘yea’’ to ‘‘nay.’’ business is the demand for a recorded DeSantis Marchant Smith (NE) Mr. FARENTHOLD changed his vote vote on the amendment offered by the Diaz-Balart Marino Smith (NJ) Duffy Massie Smith (TX) from ‘‘nay’’ to ‘‘yea.’’ gentleman from New York (Mr. BISHOP) Duncan (SC) Matheson Southerland So the resolution, as amended, was on which further proceedings were Duncan (TN) McAllister Stewart agreed to. postponed and on which the noes pre- Ellmers McCarthy (CA) Stivers The result of the vote was announced Farenthold McCaul Stockman vailed by voice vote. Fincher McClintock Stutzman as above recorded. The Clerk will redesignate the Fitzpatrick McHenry Terry The title was amended so as to read: amendment. Fleischmann McKeon Thompson (PA) ‘‘Resolution condemning and dis- The Clerk redesignated the amend- Fleming McKinley Thornberry approving of the failure of the Obama Flores McMorris Tiberi ment. Forbes Rodgers Tipton administration to comply with the law- RECORDED VOTE Fortenberry Meadows Turner ful statutory requirement to notify The Acting CHAIR. A recorded vote Foxx Meehan Upton Congress before transferring individ- Franks (AZ) Messer Valadao has been demanded. Frelinghuysen Mica Wagner uals detained at United States Naval A recorded vote was ordered. Gabbard Michaud Walberg Station, Guantanamo Bay, Cuba, and The Acting CHAIR. This will be a 2- Gallego Miller (FL) Walden expressing concern about the national minute vote. Garcia Miller (MI) Walorski security risks over the transfer of five The vote was taken by electronic de- Gardner Mullin Walz Garrett Mulvaney Weber (TX) Taliban leaders and the repercussions vice, and there were—ayes 163, noes 248, Gerlach Murphy (FL) Webster (FL) of negotiating with terrorists.’’. not voting 20, as follows:

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.057 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7336 CONGRESSIONAL RECORD — HOUSE September 9, 2014 [Roll No. 486] Joyce Nunes Schweikert [Roll No. 487] Kelly (PA) Olson Scott, Austin AYES—163 King (NY) Owens Scott, David AYES—170 Barber Hahn Negrete McLeod Kingston Palazzo Sensenbrenner Barber Grijalva Neal Bass Hanabusa Nolan Kinzinger (IL) Paulsen Sessions Bass Gutie´rrez Negrete McLeod Beatty Hastings (FL) O’Rourke Kline Pearce Shimkus Beatty Hahn Nolan Becerra Heck (WA) Pallone Labrador Perlmutter Shuster Becerra Hanabusa O’Rourke Bera (CA) Higgins Pascrell LaMalfa Perry Simpson Bera (CA) Hastings (FL) Pallone Bishop (NY) Himes Pastor (AZ) Lamborn Peters (CA) Smith (MO) Bishop (NY) Heck (WA) Pascrell Lance Peterson Smith (NE) Blumenauer Hinojosa Payne Blumenauer Higgins Pastor (AZ) Lankford Petri Smith (NJ) Bonamici Holt Pelosi Bonamici Himes Payne Latham Pittenger Smith (TX) Brady (PA) Honda Peters (MI) Brady (PA) Hinojosa Pelosi Latta Pitts Southerland Braley (IA) Horsford Pingree (ME) Braley (IA) Holt Perlmutter LoBiondo Poe (TX) Stewart Brown (FL) Hoyer Pocan Brown (FL) Horsford Peters (MI) Brownley (CA) Huffman Long Pompeo Stivers Brownley (CA) Hoyer Pingree (ME) Polis Lucas Posey Stockman Bustos Israel Price (NC) Bustos Huffman Pocan Butterfield Jackson Lee Luetkemeyer Price (GA) Stutzman Butterfield Israel Polis Quigley Lummis Rahall Terry Capps Johnson (GA) Rangel Capps Jackson Lee Price (NC) Capuano Johnson, E. B. Marchant Reed Thompson (MS) Capuano Jeffries Richmond Quigley Carney Kaptur Marino Reichert Thompson (PA) Ca´ rdenas Johnson (GA) Rangel Roybal-Allard Carson (IN) Keating Massie Renacci Thornberry Carney Johnson, E. B. Richmond Ruiz Cartwright Kelly (IL) Matheson Ribble Tiberi Carson (IN) Kaptur Roybal-Allard Ruppersberger Castor (FL) Kennedy McAllister Rice (SC) Tipton Cartwright Keating Ruiz Ryan (OH) Castro (TX) Kildee McCarthy (CA) Rigell Turner Castro (TX) Kelly (IL) Ruppersberger Sa´ nchez, Linda Clay Kilmer McCaul Roby Upton Chu Kennedy Ryan (OH) T. Cleaver Kind McClintock Roe (TN) Valadao Clay Kildee Sa´ nchez, Linda Sanchez, Loretta Clyburn Kirkpatrick McHenry Rogers (AL) Vela Cleaver Kilmer T. Sarbanes Cohen Kuster McKeon Rogers (KY) Wagner Clyburn Kind Sanchez, Loretta Connolly Langevin Schakowsky McKinley Rogers (MI) Walberg Cohen Kirkpatrick Sarbanes Conyers Larsen (WA) Schiff McMorris Rohrabacher Walden Connolly Kuster Schakowsky Cooper Larson (CT) Schwartz Rodgers Rokita Walorski Conyers Langevin Schiff Courtney Levin Scott (VA) McNerney Rooney Weber (TX) Cooper Larsen (WA) Schneider Crowley Lewis Serrano Meadows Ros-Lehtinen Webster (FL) Courtney Larson (CT) Schwartz Cummings Lipinski Shea-Porter Meehan Roskam Wenstrup Crowley Levin Scott (VA) Davis (CA) Loebsack Sherman Messer Ross Westmoreland Cummings Lewis Serrano DeFazio Lofgren Sinema Mica Rothfus Whitfield Davis (CA) Lipinski Shea-Porter DeGette Lowenthal Sires Miller (FL) Royce Williams Davis, Danny Loebsack Sherman Delaney Lowey Slaughter Miller (MI) Runyan Wilson (SC) DeFazio Lofgren Sinema DeLauro Lujan Grisham Smith (WA) Miller, Gary Ryan (WI) Wittman DeGette Lowenthal Sires DelBene (NM) Speier Mullin Salmon Wolf Delaney Lowey Slaughter Deutch Luja´ n, Ben Ray Swalwell (CA) Mulvaney Sanford Womack DeLauro Lujan Grisham Smith (WA) Doggett (NM) Takano Murphy (PA) Scalise Yoder DelBene (NM) Speier Doyle Lynch Thompson (CA) Neugebauer Schneider Yoho Deutch Luja´ n, Ben Ray Swalwell (CA) Duckworth Maffei Titus Noem Schock Young (AK) Doggett (NM) Takano Edwards Maloney, Sean Tonko Nugent Schrader Young (IN) Doyle Lynch Thompson (CA) Tsongas Eshoo Matsui NOT VOTING—20 Duckworth Maffei Thompson (MS) Esty McCarthy (NY) Van Hollen Edwards Maloney, Sean Titus Farr McCollum Vargas Cicilline Engel McIntyre Ellison Matsui Tonko Fattah McDermott Veasey Clark (MA) Enyart Meeks Eshoo McCarthy (NY) Van Hollen Foster McGovern Visclosky Clarke (NY) Gingrey (GA) Nunnelee Esty McCollum Vargas Frankel (FL) Meng Walz Davis, Danny King (IA) Rush Farr McDermott Veasey Fudge Michaud Wasserman DesJarlais Lee (CA) Sewell (AL) Fattah McGovern Vela Gabbard Miller, George Schultz Dingell Maloney, Tierney Foster McNerney Visclosky Garamendi Moore Waters Ellison Carolyn Vela´ zquez Frankel (FL) Meng Walz Garcia Moran Waxman Fudge Michaud Wasserman Gibson Murphy (FL) Welch Gabbard Miller, George Schultz Green, Al Nadler Wilson (FL) b 1702 Gallego Moore Waters Grijalva Napolitano Woodall Garamendi Moran Waxman Gutie´rrez Neal Yarmuth Mr. THOMPSON of Mississippi Garcia Murphy (FL) Welch changed his vote from ‘‘aye’’ to ‘‘no.’’ Grayson Nadler Wilson (FL) NOES—248 So the amendment was rejected. Green, Al Napolitano Yarmuth Aderholt Coffman Gibbs The result of the vote was announced NOES—240 Amash Cole Gohmert as above recorded. Amodei Collins (GA) Goodlatte Aderholt Coffman Gerlach Bachmann Collins (NY) Gosar Stated for: Amash Cole Gibbs Bachus Conaway Gowdy Mr. McINTYRE. Mr. Chair, during rollcall Amodei Collins (GA) Gibson Barletta Cook Granger vote No. 486 on September 9, 2014, I was un- Bachmann Collins (NY) Gingrey (GA) Barr Costa Graves (GA) Bachus Conaway Gohmert Barrow (GA) Cotton Graves (MO) avoidably detained. Had I been present, I Barletta Cook Goodlatte Barton Cramer Grayson would have voted ‘‘yes.’’ Barr Costa Gosar Benishek Crawford Green, Gene AMENDMENT NO. 3 OFFERED BY MR. BISHOP OF Barrow (GA) Cotton Gowdy Bentivolio Crenshaw Griffin (AR) Barton Cramer Granger NEW YORK Bilirakis Cuellar Griffith (VA) Benishek Crawford Graves (GA) Bishop (GA) Culberson Grimm The Acting CHAIR. The unfinished Bentivolio Crenshaw Graves (MO) Bishop (UT) Daines Guthrie business is the demand for a recorded Bilirakis Cuellar Green, Gene Black Davis, Rodney Hall Bishop (GA) Culberson Griffin (AR) Blackburn Denham Hanna vote on the amendment offered by the Bishop (UT) Daines Griffith (VA) Boustany Dent Harper gentleman from New York (Mr. BISHOP) Black Davis, Rodney Grimm Brady (TX) DeSantis Harris on which further proceedings were Blackburn Denham Guthrie Bridenstine Diaz-Balart Hartzler postponed and on which the noes pre- Boustany Dent Hall Brooks (AL) Duffy Hastings (WA) Brady (TX) DeSantis Hanna Brooks (IN) Duncan (SC) Heck (NV) vailed by voice vote. Bridenstine Duffy Harper Broun (GA) Duncan (TN) Hensarling The Clerk will redesignate the Brooks (AL) Duncan (SC) Harris Buchanan Ellmers Herrera Beutler amendment. Brooks (IN) Duncan (TN) Hartzler Bucshon Farenthold Holding Broun (GA) Ellmers Hastings (WA) Burgess Fincher Hudson The Clerk redesignated the amend- Buchanan Enyart Heck (NV) Byrne Fitzpatrick Huelskamp ment. Bucshon Farenthold Hensarling Calvert Fleischmann Huizenga (MI) RECORDED VOTE Burgess Fincher Herrera Beutler Camp Fleming Hultgren Byrne Fitzpatrick Holding Campbell Flores Hunter The Acting CHAIR. A recorded vote Calvert Fleischmann Hudson Capito Forbes Hurt has been demanded. Camp Fleming Huelskamp Ca´ rdenas Fortenberry Issa A recorded vote was ordered. Campbell Flores Huizenga (MI) Carter Foxx Jeffries Capito Forbes Hultgren Cassidy Franks (AZ) Jenkins The Acting CHAIR. This will be a 2- Carter Fortenberry Hunter Chabot Frelinghuysen Johnson (OH) minute vote. Cassidy Foxx Hurt Chaffetz Gallego Johnson, Sam The vote was taken by electronic de- Chabot Franks (AZ) Issa Chu Gardner Jolly Chaffetz Frelinghuysen Jenkins Clawson (FL) Garrett Jones vice, and there were—ayes 170, noes 240, Clawson (FL) Gardner Johnson (OH) Coble Gerlach Jordan not voting 21, as follows: Coble Garrett Johnson, Sam

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.010 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7337 Jolly Noem Scott, Austin The bill was ordered to be engrossed weather events like torrential rains or Jones Nugent Scott, David and read a third time, and was read the droughts because wetlands and streams Jordan Nunes Sensenbrenner Joyce Olson Sessions third time. can absorb and then release water Kelly (PA) Owens Shimkus MOTION TO RECOMMIT gradually to surrounding streams and King (NY) Palazzo Shuster aquifers. Kingston Paulsen Mr. HUFFMAN. Mr. Speaker, I have Simpson a motion to recommit at the desk. This underlying bill would keep regu- Kinzinger (IL) Pearce Smith (MO) Kline Perry latory uncertainty in place, and it Smith (NE) The SPEAKER pro tempore. Is the Labrador Peterson could leave upstream water sources Smith (NJ) gentleman opposed to the bill? LaMalfa Petri Smith (TX) Mr. HUFFMAN. I am opposed in its subject to expensive and long-lasting Lamborn Pittenger litigation. That situation is not good Lance Pitts Southerland current form. Lankford Poe (TX) Stewart The SPEAKER pro tempore. The for the communities in my district who Stivers Latham Pompeo Clerk will report the motion to recom- need clean drinking water and clean Latta Posey Stockman water for their businesses. It is not LoBiondo Price (GA) Stutzman mit. Long Rahall Terry The Clerk read as follows: good for my downstream ranchers who Lucas Reed Thompson (PA) Mr. Huffman moves to recommit the bill are already facing water shortages and Luetkemeyer Reichert Thornberry H.R. 5078 to the Committee on Transpor- are hurting from rising feed prices. Lummis Renacci Tiberi tation and Infrastructure with instructions Now, remember, Mr. Speaker and col- Marchant Ribble Tipton leagues, that the current proposal from Marino Rice (SC) Turner to report the same back to the House forth- Massie Rigell Upton with with the following amendment: the EPA and the Army Corps is actu- Matheson Roby Valadao At the end of the bill, add the following: ally very narrowly targeted. McAllister Roe (TN) Wagner SEC. ll. PROTECTING THE QUALITY OF WATER Under President Reagan, the Clean McCarthy (CA) Rogers (AL) Walberg FOR PUBLIC WATER SUPPLIES AND Water Act covered any body of water McCaul Rogers (KY) Walden AGRICULTURAL USES AND TO MITI- that could serve as habitat for migra- McClintock Rogers (MI) GATE AGAINST DROUGHT. Walorski tory birds, a much more far-reaching McHenry Rohrabacher Weber (TX) Nothing in this Act affects the authority McKeon Rokita Webster (FL) standard than the one the Obama ad- McKinley Rooney of the Secretary or Administrator to protect Wenstrup ministration is considering. McMorris Ros-Lehtinen the quality of surface water that is avail- Westmoreland Rodgers Roskam able— The GAO determined in 2004 that the Meadows Ross Whitfield (1) for public water supplies, which are a Reagan rule would have allowed the Meehan Rothfus Williams significance source of drinking water for mu- Army Corps to regulate almost any Messer Royce Wilson (SC) Wittman nicipalities; body of water or wetland. Let’s remem- Mica Runyan (2) for agricultural uses, including irriga- Miller (FL) Ryan (WI) Wolf ber that when we hear the character- Miller (MI) Salmon Womack tion; or izations of the Obama administration’s Miller, Gary Sanford Woodall (3) to mitigate against the harmful impact proposal as some vast overreach, it is Mullin Scalise Yoder of drought. far more narrowly tailored than what Mulvaney Schock Yoho The SPEAKER pro tempore. The gen- Murphy (PA) Schrader Young (AK) existed under President Reagan. Neugebauer Schweikert Young (IN) tleman from California is recognized Right now, the Federal agencies have for 5 minutes. NOT VOTING—21 a proposal—again, much less expansive Mr. HUFFMAN. Mr. Speaker, this is than President Reagan’s—that they are Castor (FL) Honda Peters (CA) the final amendment to the bill. It will Cicilline King (IA) Rush reviewing with ranchers, with water Clark (MA) Lee (CA) Sewell (AL) not kill the bill or send it back to com- utilities, and with States. It should be, Clarke (NY) Maloney, Tierney mittee. If adopted, the bill will imme- it can be, and I believe it will be a DesJarlais Carolyn Tsongas diately proceed to final passage, as workable proposal. We should let that Diaz-Balart McIntyre Vela´ zquez Dingell Meeks amended. process play out. Engel Nunnelee Mr. Speaker, the underlying bill be- Let’s not make the current situation fore us today will make it harder for worse. Let’s ensure that this bill ANNOUNCEMENT BY THE ACTING CHAIR doesn’t harm drinking water or water The Acting CHAIR (during the vote). the Army Corps of Engineers and the supplies for irrigation needs. Let’s en- There is 1 minute remaining. EPA to clarify the jurisdictional coverage of the Clean Water Act, leaving sure that we aren’t making it harder to b 1707 watersheds across the country in con- respond to an extreme drought. I ask Mr. GINGREY of Georgia changed his tinued legal limbo. my colleagues to support this motion vote from ‘‘aye’’ to ‘‘no.’’ Now, I have visited with ranchers, to recommit. So the amendment was rejected. landowners, and folks from around my I yield back the balance of my time. The result of the vote was announced district. I understand the anxieties b 1715 as above recorded. that have been expressed about what Mr. SHUSTER. Mr. Speaker, I rise in Stated for: the Waters of the United States rule- Mr. MCINTYRE. Mr. Chair, during rollcall opposition to the motion to recommit. making means, but the solution to this The SPEAKER pro tempore. The gen- vote No. 487 on September 9, 2014, I was un- situation is to seek tighter definitions avoidably detained. Had I been present, I tleman from Pennsylvania is recog- and clearer rules, not to prohibit agen- nized for 5 minutes would have voted ‘‘yes.’’ cies from further developing an impor- The Acting CHAIR. There being no Mr. SHUSTER. Mr. Speaker, I must further amendments, under the rule, tant proposal. strongly oppose this motion to recom- In particular, I am concerned that the Committee rises. mit because it basically aims to gut Accordingly, the Committee rose; H.R. 5078 could have unintended con- the underlying bill. The purpose of and the Speaker pro tempore (Mr. sequences for those who rely on H.R. 5078 is to uphold the Federal-State YODER) having assumed the chair, Mr. healthy watersheds. We need clarity in partnership in regulating the Nation’s COLLINS of Georgia, Acting Chair of the the law, so that we can protect water waters by maintaining a balance be- Committee of the Whole House on the quality for drinking water supplies and tween the States and the Federal Gov- state of the Union, reported that that for agricultural uses. ernment in carrying out the Clean Committee, having had under consider- We are suffering from a historic Water Act. ation the bill (H.R. 5078) to preserve ex- drought in California, and the current H.R. 5078 restricts the administra- isting rights and responsibilities with legal mess—the ambiguity of what tion’s current administrative efforts to respect to waters of the United States, qualifies as waters of the U.S. under expand Federal jurisdiction under the and for other purposes, and, pursuant the Clean Water Act—actually makes Clean Water Act, and requires the to House Resolution 715, he reported it harder to know which water bodies agencies to engage in a federalism con- the bill back to the House. are covered by the law. sultation with the State and local gov- The SPEAKER pro tempore. Under It makes it harder to protect up- ernment partners in implementing the the rule, the previous question is or- stream wetlands that reach our Clean Water Act. However, this motion dered. groundwater supplies. The importance is designed to undermine the legisla- The question is on the engrossment of these intermittent streams and wet- tion by giving the EPA unfettered dis- and third reading of the bill. lands is most notable during extreme cretion in making State water quality

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.026 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7338 CONGRESSIONAL RECORD — HOUSE September 9, 2014 determinations in order to allow the Johnson, E. B. Michaud Schakowsky Runyan Smith (TX) Walorski administration to continue imple- Kaptur Miller, George Schiff Ryan (WI) Southerland Weber (TX) Keating Moore Schneider Salmon Stewart Webster (FL) menting its flawed rule. In effect, the Kelly (IL) Moran Schwartz Sanford Stivers Wenstrup amendment says that the underlying Kennedy Murphy (FL) Scott (VA) Scalise Stockman Westmoreland bill will not apply virtually anywhere Kildee Nadler Serrano Schock Stutzman Whitfield Schrader Terry the EPA decides that the bill should Kilmer Napolitano Shea-Porter Williams Kind Neal Sherman Schweikert Thompson (PA) Wilson (SC) Scott, Austin Thornberry not apply. This amendment would fur- Kirkpatrick Negrete McLeod Sinema Wittman Kuster Nolan Sensenbrenner Tiberi ther erode the Federal and State part- Sires Wolf Langevin O’Rourke Sessions Tipton nership that H.R. 5078 seeks to pre- Slaughter Womack Larsen (WA) Owens Shimkus Turner serve. Larson (CT) Pallone Smith (WA) Shuster Upton Woodall I would urge all 435 Members of this Levin Pascrell Speier Simpson Valadao Yoder Swalwell (CA) Yoho body to take notice. This is another at- Lewis Pastor (AZ) Smith (MO) Wagner Lipinski Payne Takano Smith (NE) Walberg Young (AK) tempt by the executive branch to take Loebsack Pelosi Thompson (CA) Smith (NJ) Walden Young (IN) Congress’ constitutional authority Lofgren Perlmutter Thompson (MS) NOT VOTING—19 away from us. We should all take this Lowenthal Peters (CA) Titus as a serious challenge to us. For too Lowey Peters (MI) Tonko Braley (IA) Duffy Nunnelee Lujan Grisham Pingree (ME) Tsongas Cicilline Engel Rush long, this body has allowed the execu- (NM) Pocan Van Hollen Clark (MA) King (IA) Scott, David tive branch to take our authority Luja´ n, Ben Ray Polis Vargas Clarke (NY) Lee (CA) Sewell (AL) granted to us by the Constitution. I say (NM) Price (NC) Veasey Davis, Rodney Maloney, Tierney Lynch Quigley whether it is a Republican or a Demo- Vela DesJarlais Carolyn Vela´ zquez Maffei Rangel Visclosky Dingell Meeks crat administration, we have to stop Maloney, Sean Richmond Walz Matsui that. This bill, H.R. 5078, is a step in Roybal-Allard Wasserman b 1724 McCarthy (NY) Ruiz Schultz the right direction. McCollum Ruppersberger Waters Mr. GALLEGO changed his vote from H.R. 5078 is a good bill that main- McDermott Ryan (OH) ‘‘aye’’ to ‘‘no.’’ tains the balance of our Nation’s McGovern Sa´ nchez, Linda Waxman Welch So the motion to recommit was re- water. We must preserve the State and McIntyre T. McNerney Sanchez, Loretta Wilson (FL) jected. Federal partnership that has existed Meng Sarbanes Yarmuth The result of the vote was announced under the Clean Water Act until this as above recorded. NOES—235 administration chose to impose an Stated for: overbearing EPA on our States. Aderholt Forbes Luetkemeyer Mr. BRALEY of Iowa. Mr. Speaker, on roll- I urge a ‘‘no’’ vote, and I yield back Amash Fortenberry Lummis Amodei Foxx Marchant call No. 488, had I been present, I would have the balance of my time. Bachmann Franks (AZ) Marino voted ‘‘yes.’’ The SPEAKER pro tempore. Without Bachus Frelinghuysen Massie The SPEAKER pro tempore. The objection, the previous question is or- Barletta Gallego Matheson question is on the passage of the bill. dered on the motion to recommit. Barr Gardner McAllister Barrow (GA) Garrett McCarthy (CA) The question was taken; and the There was no objection. Barton Gerlach McCaul Speaker pro tempore announced that The SPEAKER pro tempore. The Benishek Gibbs McClintock the ayes appeared to have it. question is on the motion to recommit. Bentivolio Gibson McHenry Bilirakis Gingrey (GA) McKeon Mr. BISHOP of New York. Mr. Speak- The question was taken; and the Bishop (UT) Gohmert McKinley er, on that I demand the yeas and nays. Speaker pro tempore announced that Black Goodlatte McMorris The yeas and nays were ordered. the noes appeared to have it. Blackburn Gosar Rodgers Boustany Gowdy Meadows The SPEAKER pro tempore. This RECORDED VOTE Brady (TX) Granger Meehan will be a 5-minute vote. Mr. HUFFMAN. Mr. Speaker, I de- Bridenstine Graves (GA) Messer The vote was taken by electronic de- Brooks (AL) Graves (MO) Mica vice, and there were—yeas 262, nays mand a recorded vote. Brooks (IN) Griffin (AR) Miller (FL) A recorded vote was ordered. Broun (GA) Griffith (VA) Miller (MI) 152, not voting 17, as follows: The SPEAKER pro tempore. Pursu- Buchanan Grimm Miller, Gary [Roll No. 489] Bucshon Guthrie Mullin ant to clause 9 of rule XX, the Chair Burgess Hall Mulvaney YEAS—262 will reduce to 5 minutes the minimum Byrne Hanna Murphy (PA) Aderholt Clyburn Gallego time for any electronic vote on the Calvert Harper Neugebauer Amash Coble Garamendi question of passage. Camp Harris Noem Amodei Coffman Garcia Campbell Hartzler Nugent Bachmann Cole Gardner This is a 5-minute vote. Capito Hastings (WA) Nunes Bachus Collins (GA) Garrett The vote was taken by electronic de- Carter Heck (NV) Olson Barber Collins (NY) Gerlach vice, and there were—ayes 177, noes 235, Cassidy Hensarling Palazzo Barletta Conaway Gibbs Chabot Herrera Beutler Paulsen Barr Cook Gibson not voting 19, as follows: Chaffetz Holding Pearce Barrow (GA) Costa Gingrey (GA) [Roll No. 488] Clawson (FL) Hudson Perry Barton Cotton Gohmert Coble Huelskamp Peterson Benishek Cramer Goodlatte AYES—177 Coffman Huizenga (MI) Petri Bentivolio Crawford Gosar Barber Cohen Frankel (FL) Cole Hultgren Pittenger Bilirakis Crenshaw Gowdy Bass Connolly Fudge Collins (GA) Hunter Pitts Bishop (GA) Cuellar Granger Beatty Conyers Gabbard Collins (NY) Hurt Poe (TX) Bishop (UT) Culberson Graves (GA) Becerra Cooper Garamendi Conaway Issa Pompeo Black Daines Graves (MO) Bera (CA) Costa Garcia Cook Jenkins Posey Blackburn Denham Green, Gene Bishop (GA) Courtney Grayson Cotton Johnson (OH) Price (GA) Boustany Dent Griffin (AR) Bishop (NY) Crowley Green, Al Cramer Johnson, Sam Rahall Brady (TX) DeSantis Griffith (VA) Blumenauer Cummings Green, Gene Crawford Jolly Reed Bridenstine Diaz-Balart Grimm Bonamici Davis (CA) Grijalva Crenshaw Jones Reichert Brooks (AL) Duffy Guthrie Brady (PA) Davis, Danny Gutie´rrez Cuellar Jordan Renacci Brooks (IN) Duncan (SC) Hall Brown (FL) DeFazio Hahn Culberson Joyce Ribble Broun (GA) Duncan (TN) Hanna Brownley (CA) DeGette Hanabusa Daines Kelly (PA) Rice (SC) Buchanan Ellmers Harper Bustos Delaney Hastings (FL) Denham King (NY) Rigell Bucshon Enyart Harris Butterfield DeLauro Heck (WA) Dent Kingston Roby Burgess Farenthold Hartzler Capps DelBene Higgins DeSantis Kinzinger (IL) Roe (TN) Bustos Farr Hastings (FL) Capuano Deutch Himes Diaz-Balart Kline Rogers (AL) Byrne Fincher Hastings (WA) Ca´ rdenas Doggett Hinojosa Duncan (SC) Labrador Rogers (KY) Calvert Fitzpatrick Heck (NV) Carney Doyle Holt Duncan (TN) LaMalfa Rogers (MI) Camp Fleischmann Hensarling Carson (IN) Duckworth Honda Ellmers Lamborn Rohrabacher Campbell Fleming Herrera Beutler Cartwright Edwards Horsford Enyart Lance Rokita Capito Flores Holding Castor (FL) Ellison Hoyer Farenthold Lankford Rooney Carter Forbes Horsford Castro (TX) Eshoo Huffman Fincher Latham Ros-Lehtinen Cassidy Fortenberry Hudson Chu Esty Israel Fitzpatrick Latta Roskam Chabot Foxx Huelskamp Clay Farr Jackson Lee Fleischmann LoBiondo Ross Chaffetz Franks (AZ) Huizenga (MI) Cleaver Fattah Jeffries Fleming Long Rothfus Clawson (FL) Frelinghuysen Hultgren Clyburn Foster Johnson (GA) Flores Lucas Royce Cleaver Fudge Hunter

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.065 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7339 Hurt Mullin Schrader Takano Van Hollen Waters SECTION 1. EXTENSION OF ENFORCEMENT IN- Issa Mulvaney Schweikert Thompson (CA) Vargas Waxman STRUCTION ON SUPERVISION RE- Jenkins Murphy (PA) Scott, Austin Titus Visclosky Welch QUIREMENTS FOR OUTPATIENT Johnson (OH) Negrete McLeod Scott, David Tonko Wasserman Wilson (FL) THERAPEUTIC SERVICES IN CRIT- Johnson, Sam Neugebauer Sensenbrenner Tsongas Schultz Yarmuth ICAL ACCESS AND SMALL RURAL Jolly Noem Sessions HOSPITALS THROUGH 2014. NOT VOTING—17 Jones Nugent Shimkus The Secretary of Health and Human Serv- Jordan Nunes Shuster Castor (FL) Dingell Meeks ices shall continue to apply through calendar Joyce Olson Simpson Cicilline Engel Nunnelee year 2014 the enforcement instruction de- Kelly (IL) Owens Sinema Clark (MA) King (IA) Rush scribed in the notice of the Centers for Medi- Kelly (PA) Palazzo Clarke (NY) Lee (CA) Sewell (AL) Smith (MO) care & Medicaid Services entitled ‘‘Enforce- King (NY) Paulsen Smith (NE) Davis, Rodney Maloney, Tierney Kingston Pearce Smith (TX) DesJarlais Carolyn Vela´ zquez ment Instruction on Supervision Require- Kinzinger (IL) Perry Southerland ments for Outpatient Therapeutic Services Kirkpatrick Peterson Stewart b 1731 in Critical Access and Small Rural Hospitals Kline Petri Stivers Ms. WATERS changed her vote from for CY 2013’’, dated November 1, 2012 (pro- Labrador Pittenger Stockman viding for an exception to the restatement LaMalfa Pitts Stutzman ‘‘yea’’ to ‘‘nay.’’ Lamborn Poe (TX) and clarification under the final rulemaking Terry So the bill was passed. Lance Pompeo changes to the Medicare hospital outpatient Thompson (MS) Lankford Posey The result of the vote was announced prospective payment system and calendar Thompson (PA) Latham Price (GA) as above recorded. year 2009 payment rates (published in the Thornberry Latta Rahall A motion to reconsider was laid on Federal Register on November 18, 2008, 73 LoBiondo Reed Tiberi Tipton the table. Fed. Reg. 68702 through 68704) with respect to Loebsack Reichert requirements for direct supervision by physi- Long Renacci Turner Stated for: cians for therapeutic hospital outpatient Lucas Ribble Upton Mr. RODNEY DAVIS of Illinois. Mr. Speak- Valadao services). Luetkemeyer Rice (SC) er, on rollcall No. 489, I placed voting card in Lummis Richmond Veasey The SPEAKER pro tempore (Mr. Marchant Rigell Vela machine and it did not register. Had I been ENSTRUP Marino Roby Wagner present, I would have voted ‘‘yes.’’ W ). Pursuant to the rule, the Massie Roe (TN) Walberg gentleman from Texas (Mr. BURGESS) f Matheson Rogers (AL) Walden and the gentleman from New Jersey Walorski McAllister Rogers (KY) REPORT ON RESOLUTION PRO- (Mr. PALLONE) each will control 20 min- McCarthy (CA) Rogers (MI) Walz McCaul Rohrabacher Weber (TX) VIDING FOR CONSIDERATION OF utes. McClintock Rokita Webster (FL) H.R. 3522, EMPLOYEE HEALTH The Chair recognizes the gentleman McHenry Rooney Wenstrup CARE PROTECTION ACT OF 2013 from Texas. McIntyre Ros-Lehtinen Westmoreland GENERAL LEAVE McKeon Roskam Whitfield Mr. BURGESS from the Committee McKinley Ross Williams on Rules, submitted a privileged report Mr. BURGESS. Mr. Speaker, I ask Wilson (SC) McMorris Rothfus (Rept. No. 113–584) on the resolution (H. unanimous consent that all Members Rodgers Royce Wittman may have 5 legislative days in which to Meadows Ruiz Wolf Res. 717) providing for consideration of Meehan Runyan Womack the bill (H.R. 3522) to authorize health revise and extend their remarks and in- Messer Ryan (WI) Woodall insurance issuers to continue to offer sert extraneous materials in the Mica Salmon Yoder for sale current group health insurance RECORD on the bill. Miller (FL) Sanford Yoho The SPEAKER pro tempore. Is there Miller (MI) Scalise Young (AK) coverage in satisfaction of the min- Miller, Gary Schock Young (IN) imum essential health insurance cov- objection to the request of the gentleman from Texas? NAYS—152 erage requirement, and for other purposes, which was referred to the House There was no objection. Bass Grayson McNerney Mr. BURGESS. Mr. Speaker, I yield Calendar and ordered to be printed. Beatty Green, Al Meng myself such time as I may consume. Becerra Grijalva Michaud f Mr. Speaker, I rise today in support Bera (CA) Gutie´rrez Miller, George Bishop (NY) Hahn Moore ANNOUNCEMENT BY THE SPEAKER of H.R. 4067, which provides for the ex- Blumenauer Hanabusa Moran PRO TEMPORE tension of the enforcement instruction Bonamici Heck (WA) Murphy (FL) on supervision requirements for out- Brady (PA) Higgins Nadler The SPEAKER pro tempore. Pursu- patient therapeutic services in critical Braley (IA) Himes Napolitano ant to clause 8 of rule XX, the Chair Brown (FL) Hinojosa Neal access and small rural hospitals Brownley (CA) Holt Nolan will postpone further proceedings through 2014. This was a bill introduced Butterfield Honda O’Rourke today on motions to suspend the rules by Congresswoman JENKINS of Kansas. Capps Hoyer Pallone on which a recorded vote or the yeas Capuano Huffman Pascrell Mr. Speaker, this is a commonsense Ca´ rdenas Israel Pastor (AZ) and nays are ordered, or on which the solution to a problem that has the po- Carney Jackson Lee Payne vote incurs objection under clause 6 of tential to limit or delay access to Carson (IN) Jeffries Pelosi rule XX. health care for America’s seniors in Cartwright Johnson (GA) Perlmutter Record votes on postponed questions Castro (TX) Johnson, E. B. Peters (CA) rural communities. Chu Kaptur Peters (MI) will be taken later. The bill would delay until the end of Clay Keating Pingree (ME) f the year enforcement of supervision re- Cohen Kennedy Pocan quirements for outpatient therapeutic Connolly Kildee Polis EXTENSION OF ENFORCEMENT IN- Conyers Kilmer Price (NC) services in critical access hospitals. Cooper Kind Quigley STRUCTION FOR OUTPATIENT This delay would give the Centers for Courtney Kuster Rangel THERAPEUTIC SERVICES IN Crowley Langevin Roybal-Allard Medicaid and Medicare Services and CRITICAL ACCESS AND SMALL provider groups time to identify which Cummings Larsen (WA) Ruppersberger RURAL HOSPITALS THROUGH Davis (CA) Larson (CT) Ryan (OH) services will eventually fall under the Davis, Danny Levin Sa´ nchez, Linda 2014 requirement. DeFazio Lewis T. DeGette Lipinski Sanchez, Loretta Mr. BURGESS. Mr. Speaker, I move I ask my colleagues to support this Delaney Lofgren Sarbanes to suspend the rules and pass the bill important piece of legislation and re- DeLauro Lowenthal Schakowsky (H.R. 4067) to provide for the extension serve the balance of my time. DelBene Lowey Schiff of the enforcement instruction on su- Mr. PALLONE. Mr. Speaker, I yield Deutch Lujan Grisham Schneider Doggett (NM) Schwartz pervision requirements for outpatient myself such time as I may consume. Doyle Luja´ n, Ben Ray Scott (VA) therapeutic services in critical access Mr. Speaker, H.R. 4067 would suspend Duckworth (NM) Serrano and small rural hospitals through 2014. current enforcement of Medicare rules Edwards Lynch Shea-Porter Ellison Maffei Sherman The Clerk read the title of the bill. relating to physician supervision of Eshoo Maloney, Sean Sires The text of the bill is as follows: staff in rural and critical access hos- Esty Matsui Slaughter H.R. 4067 pitals for certain outpatient thera- Fattah McCarthy (NY) Smith (NJ) peutic services. Enforcement of these Foster McCollum Smith (WA) Be it enacted by the Senate and House of Frankel (FL) McDermott Speier Representatives of the United States of America rules was delayed from 2009 through Gabbard McGovern Swalwell (CA) in Congress assembled, 2013, but began again in January of this

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.021 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7340 CONGRESSIONAL RECORD — HOUSE September 9, 2014 year. My understanding is that there Chairman UPTON and the Energy and been provided by licensed, skilled profes- has not been any issue with enforce- Commerce Committee reported it fa- sionals under the overall direction of a phy- ment to date and that the Medicare vorably and brought it to the House sician and with the assurance of rapid assist- program has not taken any action floor today. ance from a team of caregivers, including a physician, should an unforeseen event occur. against a facility for failure to meet The 83 critical access hospitals in While hospitals recognize the need for direct physician supervision standards since Kansas are the lifeblood of our rural supervision for certain outpatient services January. But as this bill did not follow communities, and one of the many that pose high risk or are very complex, regular order through the committee challenges these communities face is CMS’s policy generally applies to even the process, we have not had an oppor- access to health care. The presence of a lowest risk services. Your bill would provide tunity to hear from interested parties facility such as a critical access hos- a needed delay in enforcement of the direct about the issue and bring to light what pital in a community could be the de- supervision policy through 2014 for critical the implications might be of an addi- ciding factor in whether or not the access and small rural hospitals with fewer than 100 beds. tional delay. Frankly, the likely result next generation of children decide to of such a bill would be confusion for Again, we are pleased to support this bill raise their family in their hometown, and applaud your commitment to America’s hospitals. or perhaps whether or not a business rural hospitals and health care providers. Medicare’s physician supervision re- decides to locate there. Sincerely, quirement places a premium on patient The Centers for Medicare and Med- RICK POLLACK, safety, and I understand that rural fa- icaid Services made a decision on Jan- Executive Vice President. cilities sometimes face difficulty in se- uary 1 of this year that will make it curing staffing. However, it seems rea- more difficult for these rural hospitals NATIONAL RURAL HEALTH ASSOCIATION, sonable to me that outpatient clinics to serve their communities. CMS in- Washington, DC, July 28, 2014. that provide services to Medicare bene- formed these hospitals that physicians Hon. LYNN JENKINS, ficiaries should meet some basic stand- are now required to directly supervise U.S. House of Representatives, Washington, DC. ards for having supervisory physicians outpatient services, such as drawing available if an emergency arises—for DEAR REPRESENTATIVE JENKINS: The Na- blood and activity therapy. This is a tional Rural Health Association applauds example, when patients are receiving change in policy that will put a strain potentially lethal doses of chemo- your leadership in introducing H.R. 4067. on providers while providing no quality This bill will provide for the extension of the therapy medication. improvements for the patients they enforcement instruction on supervision re- Meanwhile, there are countless pub- serve. quirements for outpatient therapeutic serv- lic health issues that the committee This bill will correct that problem by ices in critical access and small rural hos- could productively devote its time to, reinstating the moratorium on enforce- pitals through 2014. such as looking into the recent out- ment of these unnecessary regulations. NRHA is a national nonprofit membership break of Ebola, the effects of e-ciga- It has broad bipartisan support in Con- organization with more than 21,000 members. rettes, or perhaps the decline of rou- gress and the support of key stake- Our mission is to provide leadership on rural health issues. NRHA membership is made up tine vaccinations that has led to an ex- holders. plosion of preventable illnesses like of a diverse collection of individuals and or- Mr. Speaker, I insert in the RECORD ganizations, all of whom share the common measles. Rather, the bill before us letters of support for H.R. 4067 from the seems to be only responsive to the bond of ensuring all rural communities have American Hospital Association, the access to quality, affordable health care. fears of certain health care providers National Rural Health Association, the NRHA supports your efforts to put a mora- that someone could file a complaint Kansas Hospital Association, and An- torium on the physician supervision of out- that a facility was allowing staff to derson County Hospital, which is a patient services requirement at CAHs and practice medicine on Medicare patients critical access hospital in Garnett, small rural hospitals until the end of 2014. If without any supervision. But isn’t that Kansas, one of 1,300 nationwide. you have further questions, please do not the kind of thing that we might be con- hesitate to call Erin Mahn on my govern- cerned about—and want a whistle- AMERICAN HOSPITAL ASSOCIATION, ment affairs staff at 202–639–0550 or by e–mail Washington, DC, May 19, 2014. blower to report? Yet, that is just what [email protected]. Hon. LYNN JENKINS, We thank you for sponsoring this impor- this bill would prevent. U.S. House of Representatives, It remains unclear to me why an ad- tant legislation. You are truly a stalwart Washington, DC. champion for rural America. ditional delay of this Medicare policy DEAR REPRESENTATIVE JENKINS: On behalf Sincerely, is needed. Simply saying that the Sen- of our nearly 5,000 member hospitals, health ALAN MORGAN, CEO, systems and other health care organizations, ate passed this bill by unanimous con- National Rural Health Association. sent in February is not sufficient jus- and our 43,000 individual members, the Amer- ican Hospital Association is pleased to sup- tification—and makes even less sense KANSAS HOSPITAL ASSOCIATION, now that the calendar year is nearly port H.R. 4067 to provide for the extension of the enforcement instruction on supervision July 30, 2014. over. requirements for outpatient therapeutic Hon. LYNN JENKINS, So, Mr. Speaker, we should be finding services in critical access and small rural U.S. House of Representatives, time to address the real and pressing hospitals through 2014. Washington, DC. public issues facing our Nation rather Approximately 46 million Americans live DEAR REPRESENTATIVE JENKINS: On behalf than those that merely cause an incon- in rural areas and depend on these hospitals of our 128 member hospitals, the Kansas Hos- venience or anxiety for certain health as an important, and often the only, source pital Association is pleased to support H.R. care providers. of care. Critical access and small rural hos- 4067. This important legislation provides a I reserve the balance of my time at pitals face unique challenges because of their one-year extension on the non-enforcement this time, Mr. Speaker. remote geographic location, scarce work- of the direct supervision policy for thera- force, physician shortages and constrained peutic services provided in critical access Mr. BURGESS. Mr. Speaker, at this hospitals and rural hospitals with 100 or few time, I would like to yield 3 minutes to financial resources with limited access to capital. beds. the gentlewoman from Kansas, Con- Your bill attempts to address one of these Effective January 1, 2014, the Centers for gresswoman JENKINS, the author of the unique challenges—the issue of direct super- Medicare and Medicaid Services’ decided to bill. vision for outpatient therapeutic services. In not extend its policy to not enforce the di- Ms. JENKINS. Mr. Speaker, I thank the 2009 outpatient prospective payment sys- rect supervision policy for therapeutic serv- the gentleman for yielding. tem (PPS) final rule, the Centers for Medi- ices provided in CAHs and rural hospitals Mr. Speaker, I rise today in support care & Medicaid Services (CMS) mandated a with less than 100 beds. This new policy of of H.R. 4067, a bill to provide for the ex- new policy for ‘‘direct supervision’’ of out- enforcement on CAHs and small rural hos- tension of the enforcement instruction patient therapeutic services that hospitals pitals may limit the hospital’s ability to pro- on supervision requirements for out- and physicians recognized as a burdensome vide their outpatients with basic therapeutic and unnecessary policy change. CMS’s policy services. These are services that have been patient therapeutic services in critical required that a supervising physician be provided safely in rural communities access and small rural hospitals physically present in the department at all throughout the years. H.R. 4067 would pro- through 2014. times when Medicare beneficiaries receive vide a much needed delay in enforcement of I was proud to introduce this legisla- outpatient therapeutic services. Hospital the direct supervision policy for therapeutic tion in February, and I am pleased that outpatient therapeutic services have always services through 2014.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.071 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7341 We are pleased to support your legislation able to provide the services when needed, but and enhance awareness about unex- and appreciate your commitment to Kansas unless there is documented direct super- pected sudden death in early life, as hospitals. vision, we are not able to bill or be paid for amended. Sincerely, the services provided. The Clerk read the title of the bill. TOM BELL, Because of the implications of these rules President and CEO. and their interpretation on the provision of The text of the bill is as follows: outpatient therapeutic services at our hos- H.R. 669 ANDERSON COUNTY HOSPITAL, pital and many others in rural settings, I ask Be it enacted by the Senate and House of Rep- Garnett, KS, May 18, 2014. for your support of H.R. 4067, which would resentatives of the United States of America in Hon. LYNN JENKINS, put a hold on enforcement of the supervision Congress assembled, Longworth HOB, requirements through 2014. This additional SECTION 1. SHORT TITLE. Washington, DC. time would hopefully allow the opportunity This Act may be cited as the ‘‘Sudden Un- DEAR REPRESENTATIVE JENKINS: As you to re-visit the many issues raised by these expected Death Data Enhancement and know, I have communicated with you in the rules and would go a long way in alleviating Awareness Act’’. past about the consequences of the physician the consequences of the policy that I’ve out- SEC. 2. STILLBIRTH AND SUDDEN DEATHS IN THE supervision requirements that were included lined in this letter. We must keep in mind YOUNG. in the Outpatient Prospective Payment that the intent of the CAH program was to The Public Health Service Act is amended Final Rule (OPPS) for 2014, as published in provide access to quality patient care in by inserting after section 317L of such Act the Federal Register on December 10, 2013. rural communities. A delay in enforcement (42 U.S.C. 247b–13) the following: These rules will have an unintended impact would help us refocus on that goal. on the provision of outpatient therapeutic ‘‘SEC. 317L–1. STILLBIRTH AND SUDDEN DEATHS Sincerely, IN THE YOUNG. services in Critical Access Hospitals and to DENNIS A. HACHENBERG, FACHE, ‘‘(a) STILLBIRTH ACTIVITIES.—The Sec- patient care in rural settings. Chief Executive Officer, retary, acting through the Director of the Anderson County Hospital (ACH) is a Crit- Anderson County Hospital. ical Access Hospital (CAH) located in Ander- Centers for Disease Control and Prevention, son County, Kansas. Since 1994, we have op- Ms. JENKINS. Mr. Speaker, I was shall continue to carry out activities of the erated a hospital-based rural health clinical born and raised in a small town in Kan- Centers relating to stillbirth, including the staff by employed physicians and mid-levels, sas, and I feel strongly that folks in following: the only primary care clinic currently oper- rural communities deserve access to ‘‘(1) SURVEILLANCE.— ‘‘(A) IN GENERAL.—The Secretary shall pro- ating in our county. Additionally, our emer- quality health care. gency room is staffed with physicians and vide for surveillance efforts to collect thor- I urge my colleagues to support this ough, complete, and high-quality epidemio- mid-level practitioners 24/7. For the past two legislation, and I am hopeful that the years, ACH has continued to struggle with logic information on stillbirths, including how to meet the supervision requirements. Senate will soon act on it so that it through the utilization of existing surveil- Initially, it was that we would use a com- may become law. lance systems (including the National Vital bination of ER and primary care providers to Mr. PALLONE. Mr. Speaker, I have Statistics System (NVSS) and other appro- provide the direct supervision; if one of them no other speakers at this time, and so priately equipped birth defects surveillance was not immediately available, we would I yield back the balance of my time. programs). ‘‘(B) STANDARD PROTOCOL FOR SURVEIL- provide the service and not bill for it. Please Mr. BURGESS. Mr. Speaker, I urge keep in mind that while direct supervision LANCE.—The Secretary, in consultation with my colleagues to support the bill, and qualified individuals and organizations de- does not require the provider to be in the yield back the balance of my time. room with the patient, they do need to be termined appropriate by the Secretary, to immediately available. The location of both Mr. WAXMAN. Mr. Speaker, H.R. 4067, re- include representatives of health and advo- our clinic and ER providers meet this re- instates a four month delay in the enforcement cacy organizations, State and local govern- quirement. of the current Medicare rules relating to physi- ments, public health officials, and health re- In a clarification received from CMS in cian supervision of staff who administer cer- searchers, shall— January, they further instructed us that hos- tain therapeutic services in rural and critical ‘‘(i) provide for the continued development pital employed practitioners in hospital- and dissemination of a standard protocol for access hospitals. stillbirth data collection and surveillance; based rural health clinics, even those that The Medicare physician supervision require- are located on the same campus and adjacent and to the hospital, cannot meet the direct su- ment protects patients by ensuring that Medi- ‘‘(ii) not less than every 5 years, review pervision requirement for outpatient thera- care beneficiaries have access to someone and, as appropriate, update such protocol. peutic services. This makes it nearly impos- capable of dealing with unforeseen emer- ‘‘(2) POSTMORTEM DATA COLLECTION AND sible for us to meet the supervision require- gencies. While I understand that rural EVALUATION.—The Secretary, in consultation ments. Although we have a full complement healthcare providers often have difficulty ac- with qualified individuals and organizations of staff that could provide direct supervision, quiring adequate staffing, we should not place determined appropriate by the Secretary, to include representatives of health profes- the ability to use them to provide services is greater value on their convenience than on the not in question. sional organizations, shall— These requirements present a significant safety of Medicare beneficiaries. ‘‘(A) upon the enactment of this section, hardship and expense to rural hospitals and Reinstating a delay of these requirements and not less than every 5 years thereafter, is in direct conflict to the Conditions of Par- until the end of the year only potentially con- review existing guidelines for increasing and ticipation for CAHs. It will limit the ability fuses healthcare providers and lowers the bar improving the quality and completeness of to provide our outpatients with basic thera- on patient safety that Medicare has put in postmortem stillbirth evaluation and related peutic services such as IV infusions, initial place. data collection, including conducting and re- antibiotic therapy, emergency cardiac drugs The SPEAKER pro tempore. The imbursing autopsies, placental histopathology, and cytogenetic testing; and and blood transfusions. These are services question is on the motion offered by that have been provided in rural commu- ‘‘(B) develop strategies for implementing nities safely throughout the years, and will the gentleman from Texas (Mr. BUR- such guidelines and addressing any barriers ultimately impact access to important serv- GESS) that the House suspend the rules to implementation of such guidelines. ices for the patients and communities we and pass the bill, H.R. 4067. ‘‘(b) SUDDEN UNEXPECTED INFANT DEATH serve. The question was taken; and (two- ACTIVITIES.—The Secretary, acting through For those CAHs who have emergency room thirds being in the affirmative) the the Director of the Centers for Disease Con- coverage provided by their own employed rules were suspended and the bill was trol and Prevention, shall continue to carry physicians, the requirements are even more passed. out activities of the Centers relating to sudden unexpected infant death (SUID), includ- difficult to meet. Since CAH conditions of A motion to reconsider was laid on participation say that the physician does not ing the following: need to be in the ER, must respond to the the table. ‘‘(1) SURVEILLANCE.— emergency room within 30 minutes, most f ‘‘(A) IN GENERAL.—The Secretary shall pro- hospitals have protocols that allow a reg- vide for surveillance efforts to gather istered nurse to begin life saving IV therapy SUDDEN UNEXPECTED DEATH sociodemographic, death scene investigation, on a verbal order from the provider. The phy- DATA ENHANCEMENT AND clinical history, and autopsy information on sician supervision requirements seem to con- AWARENESS ACT SUID cases through the review of existing tradict this. Mr. BURGESS. Mr. Speaker, I move records on SUID, including through the utili- The strangest part of the interpretation of zation of existing surveillance systems (in- these rules is that they only impact pay- to suspend the rules and pass the bill cluding the national child death review case ment, not the actual provision of the serv- (H.R. 669) to amend the Public Health reporting system and SUID case registries). ices, so this is not really an issue of quality Service Act to improve the health of ‘‘(B) STANDARD PROTOCOL FOR SURVEIL- or patient safety. We are told that we are children and help better understand LANCE.—The Secretary, in consultation with

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.032 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7342 CONGRESSIONAL RECORD — HOUSE September 9, 2014 qualified individuals and organizations de- concerning standard autopsy protocols for ‘‘(3) The terms ‘sudden unexplained death termined appropriate by the Secretary, to SUID developed under paragraph (3); and in childhood’ and ‘SUDC’ mean the sudden include representatives of health and advo- ‘‘(B) make recommendations to health pro- death of a child 1 year of age or older which cacy organizations, State and local govern- fessional organizations regarding the inte- remains unexplained after a thorough case ments, and public health officials, shall— gration of protocols disseminated or devel- investigation that includes— ‘‘(i) provide for the continued development oped under this subsection, and training con- ‘‘(A) a review of the clinical history and and dissemination of a standard protocol for ducted or supported under this paragraph, circumstances of death; and SUID data reporting and surveillance; and into existing training and continuing edu- ‘‘(B) performance of a complete autopsy ‘‘(ii) not less than every 5 years, review cation programs. with appropriate ancillary testing. and, as appropriate, update such protocol. ‘‘(c) SUDDEN UNEXPLAINED DEATH IN CHILD- ‘‘(f) FUNDING.—No additional funds are au- ‘‘(C) GOALS FOR ENHANCING SURVEILLANCE.— HOOD ACTIVITIES.—The Secretary, acting thorized to be appropriated for the purpose In carrying out activities under this sub- through the Director of the Centers for Dis- of carrying out this section, and this section section, the Secretary shall seek to accom- ease Control and Prevention, shall continue shall be carried out using amounts otherwise plish the following goals: to carry out activities of the Centers relat- available for such purpose.’’. ‘‘(i) Collecting thorough, complete, and ing to sudden unexpected death in childhood high-quality death scene investigation data, The SPEAKER pro tempore. Pursu- (SUDC), including the following: ant to the rule, the gentleman from clinical history, and autopsy findings. ‘‘(1) SURVEILLANCE.—The Secretary, in con- Texas (Mr. BURGESS) and the gen- ‘‘(ii) Collecting standardized information sultation with the Director of the National about the environmental and medical cir- Institutes of Health, shall provide for sur- tleman from New Jersey (Mr. PALLONE) cumstances of death (including the sleep en- veillance efforts to gather sociodemographic, each will control 20 minutes. vironment and quality of the death scene in- death scene investigation, clinical history, The Chair recognizes the gentleman vestigation). and autopsy information on SUDC cases from Texas. ‘‘(iii) Supporting multidisciplinary infant through the review of existing records on death reviews, such as those performed by SUDC, including through the utilization of b 1745 child death review committees, to collect existing surveillance systems (including the GENERAL LEAVE and review the information and classify and Sudden Death in the Young Registry). characterize SUID using a standardized clas- Mr. BURGESS. Mr. Speaker, I ask ‘‘(2) GUIDELINES FOR A STANDARD AUTOPSY sification system. unanimous consent that all Members PROTOCOL.—The Secretary, in consultation ‘‘(iv) Facilitating the sharing of informa- with the Attorney General of the United may have 5 legislative days in which to tion to improve the public reporting of sur- States, forensic pathologists, medical exam- revise and extend their remarks and to veillance and vital statistics describing the iners, coroners, pediatric pathologists, pedi- insert extraneous material into the epidemiology of SUID. atric cardiologists, pediatric RECORD on the bill. ‘‘(2) STANDARD PROTOCOL FOR DEATH SCENE neuropathologists, geneticists, infectious INVESTIGATION.— The SPEAKER pro tempore. Is there disease specialists, and other individuals and ‘‘(A) IN GENERAL.—The Secretary, in con- objection to the request of the gen- organizations determined appropriate by the sultation with forensic pathologists, medical tleman from Texas? Secretary, may— examiners, coroners, medicolegal death There was no objection. ‘‘(A) develop guidelines for a standard au- scene investigators, law enforcement per- Mr. BURGESS. Mr. Speaker, I yield sonnel, emergency medical technicians and topsy protocol for SUDC; and ‘‘(B) not less than every 5 years, review myself such time as I may consume. paramedics, public health agencies, and Mr. Speaker, I rise today in support other individuals and organizations deter- and, as appropriate, update such guidelines. mined appropriate by the Secretary, shall— ‘‘(3) REVIEW OF APPLICABILITY OF PROGRAMS of H.R. 669, the Sudden Unexpected ‘‘(i) provide for the continued dissemina- AND ACTIVITIES.—Not later than 18 months Death Data Enhancement and Aware- tion of a standard death scene investigation after the date of enactment of this section, ness Act, introduced by my colleague, the Secretary, acting through the Director protocol; and Mr. PALLONE of New Jersey. ‘‘(ii) not less than every 5 years, review of the Centers for Disease Control and Pre- Prevention of stillbirth, sudden unex- and, as appropriate, update such protocol. vention, and in consultation with the Direc- tor of the National Institutes of Health, pected infant death, and sudden unex- ‘‘(B) CONTENT OF DEATH SCENE PROTOCOL.— plained death in children depends upon The protocol disseminated under subpara- shall complete an evaluation of the possi- graph (A) shall include information on— bility of carrying out or intensifying, with the collection of data related to the bi- ‘‘(i) the current and past medical history of respect to SUDC, the types of programs and ological, social, and environmental fac- the infant; activities that are authorized to be carried tors associated with these outcomes. ‘‘(ii) family medical history; out under subsection (b) with respect to The Centers for Disease Control and ‘‘(iii) the circumstances surrounding the SUID. Prevention collects data through exist- death, including any suspicious cir- ‘‘(d) REPORT TO CONGRESS.—Not later than ing surveillance systems in order to 2 years after the date of enactment of this cumstances; identify the extent of the problem and ‘‘(iv) the sleep position and sleep environ- Act, the Secretary, acting through the Di- ment of the infant; and rector of the Centers for Disease Control and risk factors. ‘‘(v) any accidental or environmental fac- Prevention, shall submit to the Congress a Sudden unexpected infant death rates tors associated with death. report on the implementation of this section. decreased in the 1990s during the Back ‘‘(3) GUIDELINES FOR A STANDARD AUTOPSY Such report shall include— to Sleep campaign, but have remained PROTOCOL.—The Secretary, in consultation ‘‘(1) the results of the evaluation under unchanged since then. It is time for us with the Attorney General of the United subsection (c)(3); and to address this problem. States, forensic pathologists, medical exam- ‘‘(2) a description of any activities that— H.R. 669 authorizes activities at the ‘‘(A) are being carried out by the Centers iners, coroners, pediatric pathologists, pedi- Centers for Disease Control to help im- atric cardiologists, pediatric for Disease Control and Prevention in con- neuropathologists, geneticists, infectious sultation with the National Institutes of prove the understanding of stillbirth, disease specialists, and other individuals and Health relating to stillbirth, SUID, or SUDC; sudden unexpected infant death, and organizations determined appropriate by the and sudden unexplained death in children Secretary, shall— ‘‘(B) are in addition to the activities being by improving data collection, increas- ‘‘(A) develop guidelines for a standard au- carried out pursuant to this section. ing surveillance strategies, and setting topsy protocol for SUID; and ‘‘(e) DEFINITIONS.—In this section: guidelines and protocols for death ‘‘(C) not less than every 5 years, review ‘‘(1) The term ‘stillbirth’ means a sponta- scene investigations. and, as appropriate, update such guidelines. neous fetal death that— I ask my colleagues to support this ‘‘(4) TRAINING.—The Secretary, in consulta- ‘‘(A) occurs at 20 or more weeks gestation; tion with the Attorney General of the United or important piece of legislation, and I re- States, may— ‘‘(B) if the age of the fetus is not known, serve the balance of my time. ‘‘(A) conduct or support— involves a fetus weighing 350 grams or more. Mr. PALLONE. Mr. Speaker, I yield ‘‘(i) training activities for medical exam- ‘‘(2) The terms ‘sudden unexpected infant myself such time as I may consume. iners, coroners, medicolegal death scene in- death’ and ‘SUID’ mean the death of an in- I rise with great pride to be speaking vestigators, law enforcement personnel, and fant less than 1 year of age— in support of H.R. 669, the Sudden Un- emergency medical technicians or para- ‘‘(A) which occurs suddenly and unexpect- expected Death Data Enhancement and medics concerning death scene investiga- edly; and Awareness Act. tions for SUID, including the use of standard ‘‘(B) whose cause— death scene investigation protocols dissemi- ‘‘(i) is not immediately obvious prior to in- This has been an issue that I have nated under paragraph (2); and vestigation; and worked on for many years in Congress. ‘‘(ii) training activities for medical exam- ‘‘(ii) is either explained upon investigation In particular, it is one of the many iners, coroners, and forensic pathologists or remains unexplained. bills that I partnered with my late

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.025 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7343 friend, Senator Frank Lautenberg. I in children over the age of 12 months, with an introduced by Mr. MATHESON of Utah also want to thank Congressman PETER estimated incidence of 1.2 deaths per 100,000 and Mr. KING of New York. KING as well, since he worked with me children. Children have special health needs, on this. CDC currently oversees a number of initia- especially in the field of emergency Stillbirth and unexpected infant tives to collect data on these tragic deaths. medical services. The emergency and death affect tens of thousands of fami- H.R. 669 would help to improve surveillance trauma care system has been slow to lies every year, according to data from on SUID, SUDC, and stillbirths. Improving develop an adequate response to these CDC, and sudden infant death syn- data on the number and root causes of these unique needs. drome is the leading cause of death for unexplained deaths will be a critical step in Some problems are endemic in emer- infants up to 12 months old. Unfortu- advancing our efforts to reduce them. gency services, such as fragmentation nately, too many families in this coun- I want to commend the sponsors of this leg- and poor coordination among pre-hos- try suffer these tragic events, but what islation, Ranking Member PALLONE and Con- pital services, hospitals, and public makes matters even worse is their gressman KING, for their leadership on this health. The problem is worse for chil- struggle with the process to help find issue. I would also like to thank Chairman dren when hospitals lack the appro- answers. UPTON, Chairman PITTS, and all of our staff for priate medical personnel, pediatric Currently, there is a lack of com- helping to bring this bill through the Energy supplies, or transfer agreements that prehensive, high-quality data to best and Commerce Committee and to the floor lead to better care within the golden understand why these events occur in today. hour, when chances of survival of an the first place. The intent of the bill I support this legislation and urge my col- accident are higher. has always been to better utilize the leagues to do the same. In 1984, Congress passed the Emer- Federal Government’s activities in this The SPEAKER pro tempore. The gency Medical Services for Children as area. question is on the motion offered by part of the Preventive Health Amend- Specifically, it would expand and the gentleman from Texas (Mr. BUR- ments of 1984. Last reauthorized in standardize surveillance and data col- GESS) that the House suspend the rules 2010, the program aims to reduce child lection for stillbirth and sudden unex- and pass the bill, H.R. 669, as amended. and youth mortality and morbidity pected infant death and sudden unex- The question was taken; and (two- caused by severe illness and trauma. plained death in childhood at the Cen- thirds being in the affirmative) the H.R. 4290 reauthorizes the Emergency ters for Disease Control and Preven- rules were suspended and the bill, as Medical Services for Children program tion. amended, was passed. through 2019. The program supports In addition, it would improve the de- A motion to reconsider was laid on education and training of EMS pro- velopment of standard protocols for use the table. viders and identifies models that can in death scene investigations and au- f increase pediatric care in rural and topsies surrounding these deaths and tribal communities. also allow the Secretary of HHS to con- WAKEFIELD ACT OF 2014 The bill also supports the Pediatric duct training activities regarding these Mr. BURGESS. Mr. Speaker, I move Emergency Care Applied Research Net- protocols. to suspend the rules and pass the bill work that facilitates collaborative re- The bill also requires CDC, in con- (H.R. 4290) to amend the Public Health search on pediatric emergency serv- sultation with NIH, to submit a report Service Act to reauthorize the Emer- ices. to Congress on current activities re- gency Medical Services for Children I ask my colleagues to support emer- lated to stillbirth, SUID, and SUDC Program, as amended. gency medical services for children by and evaluate the possibility of expand- The Clerk read the title of the bill. voting for this important piece of legis- ing programs related to SUDC specifi- The text of the bill is as follows: lation, and I reserve the balance of my cally. H.R. 4290 time. Let me close, Mr. Speaker, by person- Mr. PALLONE. Mr. Speaker, I yield Be it enacted by the Senate and House of Rep- ally thanking Laura Crandall, co- resentatives of the United States of America in myself such time as I may consume. founder and codirector of the CJ Foun- Congress assembled, I rise in support of H.R. 4290, the dation’s SUDC program. This issue hits SECTION 1. SHORT TITLE. Wakefield Act of 2014, a bill to reau- close to home for Laura, but in the face This Act may be cited as the ‘‘Wakefield Act thorize the Emergency Medical Serv- of tragedy, she decided to work to help of 2014’’. ices for Children program. others who also suffered. SEC. 2. REAUTHORIZATION OF EMERGENCY MED- The Emergency Medical Services for She has been a great advocate for ICAL SERVICES FOR CHILDREN PRO- Children program was established 30 this bill and has spread awareness of GRAM. years ago. The program includes a SUDC in communities all across the Section 1910(d) of the Public Health Service number of grant programs to help country. I thank her for her strength, Act (42 U.S.C. 300w–9(d)) is amended by striking States to assess and improve pediatric ‘‘fiscal year 2014’’ and inserting ‘‘each of fiscal emergency care; improve emergency determination, and dedication. years 2015 through 2019’’. Mr. Speaker, this bill isn’t every- services for children in rural, tribal, thing I think the CDC can be doing to The SPEAKER pro tempore. Pursu- and other communities; and support re- address the needs of families across the ant to the rule, the gentleman from search in pediatric emergency medi- country, but it represents a critical Texas (Mr. BURGESS) and the gen- cine. step on a very tragic issue that de- tleman from New Jersey (Mr. PALLONE) The legislation before us today will serves our attention. each will control 20 minutes. reauthorize the Emergency Medical I urge my colleagues to support its The Chair recognizes the gentleman Services for Children program for an- passage, and I yield back the balance of from Texas. other 5 years, so that this critical pro- my time. GENERAL LEAVE gram can continue its lifesaving work. Mr. BURGESS. Mr. Speaker, I urge Mr. BURGESS. Mr. Speaker, I ask I want to offer my thanks to Con- my colleagues to support the bill, and unanimous consent that all Members gressman MATHESON and Congressman I yield back the balance of my time. may have 5 legislative days in which to KING for sponsoring the bill and to Mr. WAXMAN. Mr. Speaker, I rise in support revise and extend their remarks and to Chairman UPTON, Chairman PITTS, of H.R. 669, the Sudden Unexpected Death insert extraneous materials into the Ranking Member WAXMAN, and our Data Enhancement and Awareness Act. RECORD on the bill. staffs for working on this bill in the Stillbirths—the loss of a pregnancy after 20 The SPEAKER pro tempore. Is there Energy and Commerce Committee. weeks of gestation—occur for approximately objection to the request of the gen- I urge Members to support this legis- 26,000 women in the United States each year. tleman from Texas? lation, and I reserve the balance of my The Centers for Disease Control and Preven- There was no objection. time. tion (CDC) estimate there are 4,000 sudden Mr. BURGESS. Mr. Speaker, I yield Mr. BURGESS. Mr. Speaker, I re- unexplained infant deaths (SUID) in children myself such time as I may consume. serve the balance of my time. under age one each year as well. Sudden Un- Mr. Speaker, I rise today in support Mr. PALLONE. Mr. Speaker, I yield explained Deaths in Childhood (SUDC) occur of H.R. 4290, the Wakefield Act of 2014, as much time as he may consume to

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.075 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7344 CONGRESSIONAL RECORD — HOUSE September 9, 2014 the gentleman from Utah (Mr. MATHE- to institutions of higher learning, to advance ‘Working Group’), to review all efforts with- SON), the sponsor of the bill. pediatric emergency care. It is the only federal in the Department of Health and Human Mr. MATHESON. Mr. Speaker, I program that specifically focuses on improving Services concerning Lyme disease and other tick-borne diseases to ensure interagency co- thank my colleague, Mr. PALLONE, for emergency care for children and adolescents. ordination, minimize overlap, and examine yielding me the time. The EMSC program was first established in research priorities. H.R. 4290, the Wakefield Act, will re- 1984 and last reauthorized in 2010. Today’s ‘‘(b) RESPONSIBILITIES.—The Working authorize the Emergency Medical Serv- legislation will once again reauthorize the Group shall— ices for Children program. For the past EMSC program through 2019. ‘‘(1) not later than 24 months after the date 30 years, the Emergency Medical Serv- I want to commend the sponsors of this leg- of enactment of this part, and every 24 ices for Children program has been the months thereafter, develop or update a sum- islation, Congressman MATHESON and Con- mary of— only Federal program focused solely on gressman KING, for their leadership on this ‘‘(A) ongoing Lyme disease and other tick- improving emergency medical care for issue. I would also like to thank Chairman borne disease research related to causes, pre- children and adolescents. UPTON, Chairman PITTS, Ranking Member vention, treatment, surveillance, diagnosis, In that time, emergency care has PALLONE, and all of our staff for their work in diagnostics, duration of illness, intervention, gone from treating critically injured advancing this bill through the Energy and and access to services and supports for indi- children simply as ‘‘little adults,’’ to Commerce Committee and bringing it to the viduals with Lyme disease or other tick- providing more appropriate and spe- borne diseases; floor today. ‘‘(B) advances made pursuant to such re- cialized care as children. I support H.R. 4290 and urge my colleagues search; The program is focused on ensuring to do the same. ‘‘(C) the engagement of the Department of that proper emergency medical care is The SPEAKER pro tempore. The Health and Human Services with persons given to sick or injured children no question is on the motion offered by that participate at the public meetings re- matter where they live, attend school, the gentleman from Texas (Mr. BUR- quired by paragraph (5); and or travel. GESS) that the House suspend the rules ‘‘(D) the comments received by the Work- All States and the territories receive and pass the bill, H.R. 4290, as amending Group at such public meetings and the grant funding to educate and train Secretary’s response to such comments; ed. ‘‘(2) ensure that a broad spectrum of sci- medical professionals in trauma care The question was taken; and (two- entific viewpoints is represented in each for children. This funding and training thirds being in the affirmative) the such summary; has dramatically increased the quality rules were suspended and the bill, as ‘‘(3) monitor Federal activities with re- of care at our Nation’s emergency amended, was passed. spect to Lyme disease and other tick-borne rooms and the quality that first pro- A motion to reconsider was laid on diseases; viders provide, and in doing so, it has the table. ‘‘(4) make recommendations to the Sec- saved lives. retary regarding any appropriate changes to f Allied to this, the program supports such activities; and ‘‘(5) ensure public input by holding annual the coordination, collaboration, and TICK-BORNE DISEASE RESEARCH public meetings that address scientific ad- data analysis of pediatric researchers ACCOUNTABILITY AND TRANS- vances, research questions, surveillance ac- across the country for the continued PARENCY ACT OF 2014 tivities, and emerging strains in species of advancement of emergency pediatric Mr. BURGESS. Mr. Speaker, I move pathogenic organisms. care, a critical component of the pro- ‘‘(c) MEMBERSHIP.— to suspend the rules and pass the bill ‘‘(1) IN GENERAL.—The Working Group shall gram. (H.R. 4701) to provide for scientific The Emergency Medical Services for be composed of a total of 14 members as fol- frameworks with respect to vector- lows: Children program has long held bipar- borne diseases, as amended. ‘‘(A) FEDERAL MEMBERS.—Seven Federal tisan support in Congress throughout The Clerk read the title of the bill. members, consisting of one or more rep- its 30-year history and is certainly wor- The text of the bill is as follows: resentatives of each of— thy of being reauthorized because this ‘‘(i) the Office of the Assistant Secretary H.R. 4701 is a Federal program that truly works, for Health; and it has data to back that up. It has Be it enacted by the Senate and House of Rep- ‘‘(ii) the Food and Drug Administration; resentatives of the United States of America in ‘‘(iii) the Centers for Disease Control and dramatically helped improve the qual- Congress assembled, ity of emergency medical care for our Prevention; SECTION 1. SHORT TITLE. ‘‘(iv) the National Institutes of Health; and children, and this bill will ensure that This Act may be cited as the ‘‘Tick-Borne ‘‘(v) such other agencies and offices of the it continues to do so. Disease Research Accountability and Trans- Department of Health and Human Services In closing, I want to thank both the parency Act of 2014’’. as the Secretary determines appropriate. minority and majority staffs on the SEC. 2. LYME DISEASE AND OTHER TICK-BORNE ‘‘(B) NON-FEDERAL PUBLIC MEMBERS.—Seven Energy and Commerce Committee for DISEASES. non-Federal public members, consisting of working with my office on this legisla- Title III of the Public Health Service Act representatives of the following categories: tion. I particularly want to thank my (42 U.S.C. 241 et seq.) is amended by adding ‘‘(i) Physicians and other medical pro- friend and colleague, Congressman at the end the following new part: viders with experience in diagnosing and treating Lyme disease and other tick-borne PETER KING, for introducing the bill ‘‘PART W—LYME DISEASE AND OTHER TICK-BORNE DISEASES diseases. with me. ‘‘(ii) Scientists or researchers with exper- I urge my colleagues to support this ‘‘SEC. 399OO. RESEARCH. tise. critical program by voting ‘‘yes’’ on ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(iii) Patients and their family members. H.R. 4290. duct or support epidemiological, basic, ‘‘(iv) Nonprofit organizations that advo- Mr. BURGESS. Mr. Speaker, I con- translational, and clinical research regard- cate for patients with respect to Lyme dis- tinue to reserve the balance of my ing Lyme disease and other tick-borne disease and other tick-borne diseases. eases. ‘‘(v) Other individuals whose expertise is time. ‘‘(b) BIENNIAL REPORTS.—The Secretary Mr. PALLONE. Mr. Speaker, I have determined by the Secretary to be beneficial shall ensure that each biennial report under to the functioning of the Working Group. no additional speakers at this time. section 403 includes information on actions ‘‘(2) APPOINTMENT.—The members of the I urge passage of the bill, and I yield undertaken by the National Institutes of Working Group shall be appointed by the back the balance of my time. Health to carry out subsection (a) with re- Secretary, except that of the non-Federal Mr. BURGESS. Mr. Speaker, I urge spect to Lyme disease and other tick-borne public members under paragraph (1)(B)— my colleagues to support the bill, and diseases, including an assessment of the ‘‘(A) one shall be appointed by the Speaker I yield back the balance of my time. progress made in improving the outcomes of of the House of Representatives; and Lyme disease and such other tick-borne dis- ‘‘(B) one shall be appointed by the Major- Mr. WAXMAN. Mr. Speaker, I rise in support eases. of H.R. 4290, the Wakefield Act of 2014. ity Leader of the Senate. ‘‘SEC. 399OO–1. WORKING GROUP. ‘‘(3) DIVERSITY OF SCIENTIFIC PERSPEC- The Emergency Medical Services for Chil- ‘‘(a) ESTABLISHMENT.—The Secretary shall TIVES.—In making appointments under para- dren (EMSC) program aims to reduce the establish a permanent working group, to be graph (2), the Secretary, the Speaker of the number of deaths of children and adolescents known as the Interagency Lyme and Tick- House of Representatives, and the Majority due to severe illness or trauma. This program Borne Disease Working Group (in this sec- Leader of the Senate shall ensure that the has funded grants to all fifty states, as well as tion and section 399OO–2 referred to as the non-Federal public members of the Working

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.077 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7345 Group represent a diversity of scientific per- Mr. Speaker, I rise today in support myself and other Members to address spectives. of H.R. 4701, the Tick-Borne Disease these concerns before bringing the bill ‘‘(4) TERMS.—The non-Federal public mem- Research Accountability and Trans- to the floor, and I am disappointed to bers of the Working Group shall each be ap- parency Act of 2014, introduced by say that that commitment wasn’t hon- pointed to serve a 4-year term and may be reappointed at the end of such term. CHRIS GIBSON of New York. ored. While I have reservations about ‘‘(d) MEETINGS.—The Working Group shall Lyme disease is the most commonly H.R. 4701 in its current form, I would meet as often as necessary, as determined by reported vector-borne illness in the not object to considering it on suspen- the Secretary, but not less than twice each United States. Prior to 2012, the Cen- sion and advancing the bill here today, year. ters for Disease Control and Prevention but I will continue to advocate for re- ‘‘(e) APPLICABILITY OF FACA.—The Work- reported about 30,000 new cases each ing Group shall be treated as an advisory solving these issues in the bill as it committee subject to the Federal Advisory year in the United States, with 95 per- moves forward. Committee Act. cent of those cases in 13 States con- I reserve the balance of my time. ‘‘(f) REPORTING.—Not later than 24 months centrated in the Northeast and upper Mr. BURGESS. Mr. Speaker, I yield 4 after the date of enactment of this part, and Midwest. minutes to the gentleman from New every 24 months thereafter, the Working The Centers for Disease Control now York (Mr. GIBSON). Group— estimates that around 300,000 people in ‘‘(1) shall submit a report on its activities, Mr. GIBSON. Mr. Speaker, I rise including an up-to-date summary under sub- the United States are diagnosed each today on behalf of thousands of Ameri- section (b)(1) and any recommendations year with Lyme disease, making it a cans who have been impacted by Lyme under subsection (b)(4), to the Secretary, the substantial public health problem. disease and tick-borne illnesses each Committee on Energy and Commerce of the H.R. 4701 is an important bill that ad- year, including in my district in up- House of Representatives, and the Com- dresses the growing threat of Lyme dis- state New York, where this is a public mittee on Health, Education, Labor and Pen- ease in the United States, it prioritizes health scourge. sions of the Senate; Federal research online, and related This legislation is truly constituent- ‘‘(2) shall make each such report publicly diseases, and gives patients a seat at available on the website of the Department driven and represents a significant step of Health and Human Services; and the table. The bill would establish a forward in what has been an extensive ‘‘(3) shall allow any member of the Work- working group at the Department of process. For the past few years, I have ing Group to include in any such report mi- Health and Human Services that would worked with physicians, patient advo- nority views. prepare a report summarizing Federal cates, professional researchers, and pa- ‘‘SEC. 399OO–2. STRATEGIC PLAN. activities related to Lyme disease, tients and their families throughout ‘‘Not later than 3 years after the date of identifying the latest scientific ad- enactment of this section, and every 5 years New York and the United States on a vances and making recommendations bill that focuses on solutions. thereafter, the Secretary shall submit to the to the Secretary and to Congress. Congress a strategic plan, informed by the I am proud to be joined by two of my most recent summary under section 399OO– It also ensures that the Federal Gov- colleagues who have been national ernment consults with patients and 1(b)(1), for the conduct and support of Lyme leaders on this issue: CHRIS SMITH of disease and tick-borne disease research, in- physicians in their work on the dis- New Jersey is our leader, who has, for cluding— ease. several decades, been a tireless advo- ‘‘(1) proposed budgetary requirements; I would like to thank Mr. GIBSON for ‘‘(2) a plan for improving outcomes of cate for our sufferers, and FRANK WOLF his hard work and dedication on this of Virginia, who has added his signifi- Lyme disease and other tick-borne diseases, issue. including progress related to chronic or per- cant voice to this issue and has also I urge my colleagues to support H.R. sistent symptoms and chronic or persistent made incredibly meaningful contribu- infection and co-infections; 4701, and I reserve the balance of my tions to this bill and the cause. I thank ‘‘(3) a plan for improving diagnosis, treat- time. them both. Mr. PALLONE. Mr. Speaker, I yield ment, and prevention; Likewise, I thank Dr. Richard Horo- ‘‘(4) appropriate benchmarks to measure myself such time as I may consume. witz, Pat Smith, David Roth, Jill and progress on achieving the improvements de- Mr. Speaker, I think we can all agree Ira Auerbach, Holly Ahern, Chris scribed in paragraphs (2) and (3); and that Lyme disease is a concerning pub- Fiske, and other Lyme advocate lead- ‘‘(5) a plan to disseminate each summary lic health issue. The CDC estimates ers from Pennsylvania and from across under section 399OO–1(b)(1) and other rel- there are approximately 300,000 Lyme evant information developed by the Working the Nation for their significant and disease cases each year in the United Group to the public, including health care persuasive engagement and unyielding States. providers, public health departments, and commitment to change the direction of H.R. 4701, the Tick-Borne Disease Re- other relevant medical groups.’’. U.S. policy to bring solutions and relief search Accountability and Trans- SEC. 3. NO ADDITIONAL AUTHORIZATION OF AP- for our chronic Lyme sufferers. PROPRIATIONS. parency Act of 2014, creates a new No additional funds are authorized to be working group to develop a summary Mr. Speaker, I would also like to appropriated to carry out this Act and the of research in advances related to thank Chairman UPTON, Chairman amendment made by this Act, and this Act PITTS, their ranking members, and and such amendment shall be carried out Lyme disease and other tick-borne diseases, monitor Federal activities, and their dedicated committee staffs. using amounts otherwise available for such Thank you all for your great work. purpose. make recommendations to the Sec- In August of 2013, the Centers for Dis- The SPEAKER pro tempore. Pursu- retary of HHS and hold annual public ease Control and Prevention estimated ant to the rule, the gentleman from meetings. that the number of Americans diag- Texas (Mr. BURGESS) and the gen- I support ensuring that research in nosed with Lyme disease each year is tleman from New Jersey (Mr. PALLONE) the area of Lyme disease is productive now over 300,000, while other research- each will control 20 minutes. and significant. However, there are The Chair recognizes the gentleman still a number of other changes that ers, such as Holly Ahern, have shown from Texas. need to be made to this bill, particu- that we are significantly under- estimating the cases in the U.S. It is GENERAL LEAVE larly regarding appointments to and Mr. BURGESS. Mr. Speaker, I ask responsibilities of the working group. clear that the increase of Lyme disease and other tick-borne diseases is rapidly unanimous consent that all Members b 1800 may have 5 legislative days in which to becoming a public health crisis in the revise and extend their remarks and to Additionally, we do not want the re- United States. While the CDC, NIH, insert extraneous materials into the sources needed to maintain this work- and other Federal agencies have recog- RECORD on the bill. ing group to take away from the al- nized this threat to public health, re- The SPEAKER pro tempore. Is there ready strained budgets of current Fed- grettably, we have made far too little objection to the request of the general research and surveillance efforts progress in improving prevention, diag- tleman from Texas? related to Lyme disease. nosis, and treatment. There was no objection. At the full committee markup of This legislation before us seeks to Mr. BURGESS. Mr. Speaker, I yield H.R. 4701 in July, Chairman UPTON make a positive difference, prioritizing myself such time as I may consume. committed to continue to work with and coordinating Federal tick-borne

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.035 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7346 CONGRESSIONAL RECORD — HOUSE September 9, 2014 disease research through an inter- and fastest growing infectious diseases the gentleman from New Jersey (Mr. agency working group made up of rel- in our country. Every year, there are SMITH), who will provide our closing. evant Federal agencies as well as non- hundreds of thousands of cases nation- Mr. SMITH of New Jersey. Mr. Federal partners, such as experienced wide, with 96 percent of those cases in Speaker, I thank my good friend from physicians, researchers, patient advo- only 13 States. Texas, the distinguished subcommittee cates, and chronic Lyme disease pa- In New York, thousands of my neigh- leader, chair, and doctor. tients themselves. bors in the Hudson Valley are suffering Mr. Speaker, I rise in very strong The working group is tasked with en- from Lyme disease every day. Four support today of the Tick-Borne Dis- suring interagency coordination, ac- counties in the Hudson Valley, includ- ease Research Accountability and countability, and transparency, mini- ing Dutchess and Putnam Counties, Transparency Act of 2014, an historic mizing overlap, examining research have reported the highest rates of bill offered by my good friend and dis- priorities, and ultimately making pol- Lyme disease in the entire country. I tinguished colleague, CHRIS GIBSON. icy recommendations. The working hear about it everywhere I go. From all those who suffer from this group is required to reflect a broad A man named Alex from hideous disease, thank you, CHRIS. spectrum of scientific viewpoints and Washingtonville told me he has been I would also like to extend my very ensure patients and their advocates suffering from Lyme disease for over 35 special thanks to Chairmen FRED have a seat at the table. years. I spoke with a man who has a UPTON and JOE PITTS, as well as their The bill increases oversight and ac- tree-cutting business in Garrison, New staff, for their tireless efforts to ensure countability over tick-borne research York. He said he has got about 12 guys the final bill brought before the floor throughout the relevant Federal agen- working for him. I said, How many today establishes a means to address cies, ensuring all stakeholders are situ- have got Lyme disease? He said, Every huge gaps that exist and the great ationally aware of all existing research single one. All of my guys have Lyme unmet need in the Lyme community. before making policy recommenda- disease, he said. Mr. Speaker, in 1992 I met with the tions. A member of my own staff spent a two top medical officials at the Na- Importantly, this bill also requires month this summer injecting himself tional Institutes of Health and the Cen- the Secretary of Health and Human with heavy-duty antibiotics through a ters for Disease Control working on Services, informed by the working catheter that was put into his heart. A Lyme and an extraordinary woman group report, to submit a strategic member of my own staff had to sit on named Pat Smith. We laid out a case. plan to Congress to improve patient a couch every day and inject anti- She did most of the talking. They lis- outcomes to cure our chronic Lyme biotics into his heart because of this tened. They were responsive. However, sufferers. This plan will include bench- disease. Thank God he caught it in 22 years later, far too little has been time and will make a full recovery. marks to measure progress, ultimately accomplished. I met a woman at an event in Pough- ensuring we spend the taxpayer dollars I raised, as did she, the apparent inef- keepsie who came up to me with a wisely and find solutions and cures fectiveness of a month-long antibiotic cane. She couldn’t be more than 30 that are long overdue. treatment for a sizable percentage of years old. She was with her husband. Finally, this bill is dedicated to those people. The CDC says between 15 to 20 She said: chronic Lyme sufferers out there who percent of the people suffering from have been ill for years, at times seem- Our whole lives have been ruined by this disease. My husband and I were just starting this disease don’t seem to get better. ingly without hope, wondering if any- our life together. We were going to have a We call it chronic Lyme. one in Washington was listening or family. We had big plans, and now all we do Dr. Richard Horowitz notes in his cared. We hear you. We do care. Today is deal with this chronic Lyme disease that bestselling book, ‘‘Why Can’t I Get we pass this legislation to help you get I have, and I can’t get better. Better?’’: better. There is a woman named Valerie A patient’s journey typically begins with a I urge my colleagues to support the from Westchester County who wrote to primary care physician or a family doctor. A bill. me and says: maximum of 30 days of antibiotics is the ac- Mr. PALLONE. Mr. Speaker, I yield No one listens. I hope you will listen. cepted standard of care for Lyme disease. If patients report back that they are not get- such time as he may consume to the Well, we are listening today, Valerie, gentleman from New York (Mr. SEAN ting better, they are likely diagnosed as hav- and I urge my colleagues to listen and ing ‘‘post-Lyme syndrome,’’ chronic fatigue PATRICK MALONEY), one of the sponsors pass this critical bill. syndrome, or fibromyalgia. of the bill. This bipartisan legislation makes a He then described how children are Mr. SEAN PATRICK MALONEY of landmark investment in Lyme disease New York. Mr. Speaker, I am proud to treated for other diseases or disorders, and other tick-borne illnesses so that and continues: be one of the sponsors of this bill. I our friends and families in the Hudson thank the gentleman from New Jersey. This may help some of the symptoms yet Valley no longer have to suffer in si- fail to address the root problem. I want to thank my colleague, CHRIS lence. When folks are suffering, I guar- GIBSON from New York. Here we are antee you they aren’t thinking, Mr. Unfortunately, without better infor- again. Just a month ago, my colleague Speaker, about partisan politics. mation on chronic Lyme and how to Mr. GIBSON and I were working across There is no Republican or Demo- treat it, we will continue to ‘‘fail to ad- the aisle to lower energy prices in the cratic Lyme disease, and Americans dress the root of the problem’’ and, in Hudson Valley, and here we are work- expect us to work together. That is so doing, fail to assist patients in need. ing again on an issue of tremendous why I am proud we are doing so today. Mr. Speaker, I fully understand that importance to our region. I support the We can stand up. We can stand shoul- there are concerns about the prolonged Tick-Borne Disease Research Account- der-to-shoulder and say the health of use of antibiotics. I chair the Global ability and Transparency Act, along our communities is too important to Health Committee and have chaired with so many others, and I want to ac- wait. For neighbors like Alex, Valerie, numerous hearings on multidrug-re- knowledge Mr. GIBSON’s leadership on the others I mentioned, and for so sistant tuberculosis and many other this issue. many others I have never met, I want diseases that increasingly are being I am proud we are working across the you to know we are listening. treated with antibiotics with less effec- aisle, because Lyme disease is an epi- I urge my colleagues to support H.R. tiveness. Yet the ISDA, in their final demic in the Hudson Valley, and it is 4701 because our constituents deserve a report of the Lyme Disease Review hurting our kids, our friends, and our government that is working for them Panel, found: families. It is happening everywhere— and that steps up to the plate when There has yet to be a study that dem- on our playgrounds, in our backyards, they need it most. onstrates comparable benefits to prolonged at parks, picnics, and on trails in the Mr. PALLONE. Mr. Speaker, I have antibiotic therapy beyond 1 month. woods. It is the invisible, silent disease no further speakers at this time, and I There have been far too few studies. that so many find themselves devel- yield back the balance of my time. There is an engraved invitation. I say oping—and far too many find out too Mr. BURGESS. Mr. Speaker, at this to my colleagues, there needs to be late. It is now one of the most common time, I yield the balance of my time to those studies. You can fit on half a

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.080 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7347 page the number of studies that have other tick-borne diseases within the Depart- message, and a multimedia message service been done over these many years. ment of Health and Human Services. I support (MMS) message; and However, in that same report, they efforts to advance research and public input in ‘‘(ii) does not include a real-time, two-way went on to say: voice or video communication. this area, but I remain concerned that today’s ‘‘(E) TEXT MESSAGING SERVICE.—The term This conclusion was reached despite the legislation is not the best way to advance ‘text messaging service’ means a service that large volumes of case reports, case series, these goals. Specifically, I have concerns that permits the transmission or receipt of a text mes- anecdotes, and patient testimonials reviewed H.R. 4701 could unnecessarily politicize fed- sage, including a service provided as part of or that attest to perceived clinical improve- eral activities on Lyme disease and potentially in connection with a telecommunications service ment during antibiotic therapy. result in recommendations that are not sup- or an IP-enabled voice service.’’. Large volumes are just dismissed and ported by a strong, scientific evidence base. (c) COVERAGE OF OUTGOING-CALL-ONLY IP- laid aside as if they were trivial. It was ENABLED VOICE SERVICE.—Section 227(e)(8)(C) I hope that my colleagues in the Senate will of the Communications Act of 1934 (47 U.S.C. dismissed and didn’t make it into the take a careful look at H.R. 4701 and make final report, except for that sentence. 227(e)(8)(C)) is amended by striking ‘‘has the changes to address these concerns before meaning’’ and all that follows and inserting Dr. Horowitz has said that: considering it further. ‘‘means the provision of real-time voice commu- In fact, increasing the dose of antibiotics The SPEAKER pro tempore. The nications offered to the public, or such class of and/or extending the length of treatment question is on the motion offered by users as to be effectively available to the public, clearly did help a certain percentage of my the gentleman from Texas (Mr. BUR- transmitted using Internet protocol, or a suc- patients. Their fatigue, headaches, joint and cessor protocol, (whether part of a bundle of GESS) that the House suspend the rules muscle pain, and cognitive symptoms im- services or separately) with interconnection ca- proved. and pass the bill, H.R. 4701, as amend- pability such that the service can originate traf- Among clinicians—and I have met ed. fic to, or terminate traffic from, the public with dozens of them—Dr. Horowitz is The question was taken; and (two- switched telephone network, or a successor net- not alone at all in those findings. thirds being in the affirmative) the work.’’. So, Mr. Speaker, we need scientif- rules were suspended and the bill, as (d) REGULATIONS.— amended, was passed. (1) IN GENERAL.—Section 227(e)(3)(A) of the ically-based answers and a comprehen- Communications Act of 1934 (47 U.S.C. sive probe that goes wherever the data The title was amended so as to read: ‘‘A bill to provide for research with re- 227(e)(3)(A)) is amended by striking ‘‘Not later suggests. And this is especially impor- than 6 months after the date of enactment of the tant for my own constituents. In New spect to Lyme disease and other tick- Truth in Caller ID Act of 2009, the Commission’’ Jersey, over the last 15 years, about borne diseases, and for other pur- and inserting ‘‘The Commission’’. 55,000 people have had cases of Lyme. poses.’’ (2) DEADLINE.—The Federal Communications This bill before us accelerates the A motion to reconsider was laid on Commission shall prescribe regulations to imple- the table. ment the amendments made by this section not process of helping Lyme patients by es- later than 18 months after the date of the enact- f tablishing an interagency working ment of this Act. group on Lyme disease with diverse b 1815 (e) EFFECTIVE DATE.—The amendments made opinions—which is very important—in by this section shall take effect on the date that a transparent and open manner and ANTI-SPOOFING ACT OF 2014 is 6 months after the date on which the Federal creates a strategic plan to guide exist- Mr. BARTON. Mr. Speaker, I move to Communications Commission prescribes regula- ing Federal Lyme disease research and suspend the rules and pass the bill tions to implement the amendments made by this treatment programs. (H.R. 3670) to amend the Communica- section. Of particular significance, the House tions Act of 1934 to expand and clarify The SPEAKER pro tempore. Pursu- bill that we will vote on today for the the prohibition on provision of inac- ant to the rule, the gentleman from first time identifies and seeks to ad- curate caller identification informa- Texas (Mr. BARTON) and the gentleman dress chronic Lyme disease. tion, and for other purposes, as amend- from Utah (Mr. MATHESON) each will Mr. Speaker, the CDC says: ed. control 20 minutes. Approximately 10 to 20 percent of patients The Clerk read the title of the bill. The Chair recognizes the gentleman treated for Lyme disease with a rec- The text of the bill is as follows: from Texas. ommended 2–4 week course of antibiotics H.R. 3670 GENERAL LEAVE will have lingering symptoms of fatigue, Be it enacted by the Senate and House of Rep- Mr. BARTON. Mr. Speaker, I ask pain, or join and muscle aches. resentatives of the United States of America in unanimous consent that all Members I would respectfully submit that they Congress assembled, may have 5 legislative days in which to are symptoms of something that has a SECTION 1. SHORT TITLE. revise and extend their remarks and in- root cause. This Act may be cited as the ‘‘Anti-Spoofing sert extraneous materials in the The CDC refers to chronic Lyme as Act of 2014’’. RECORD on the bill. ‘‘Post-treatment Lyme Disease Syn- SEC. 2. EXPANDING AND CLARIFYING PROHIBI- The SPEAKER pro tempore. Is there drome,’’ and many people have been TION ON INACCURATE CALLER ID IN- objection to the request of the gen- dismissed and told, Oh, you are a hypo- FORMATION. tleman from Texas? chondriac. And yet there are so many (a) COMMUNICATIONS FROM OUTSIDE UNITED There was no objection. STATES.—Section 227(e)(1) of the Communica- Mr. BARTON. Mr. Speaker, I yield cases, it can’t be dismissed. tions Act of 1934 (47 U.S.C. 227(e)(1)) is amended This bill is a great step forward for by inserting ‘‘or any person outside the United such time as he may consume to the chronic Lyme patients, especially States if the recipient is within the United gentleman from New Jersey (Mr. those who have suffered for decades States,’’ after ‘‘United States,’’. LANCE). with this debilitating disease, again, (b) TEXT MESSAGING SERVICE.—Section Mr. LANCE. Mr. Speaker, my thanks only to be told that their illness does 227(e)(8) of the Communications Act of 1934 (47 to Chairman Emeritus BARTON for his not exist. U.S.C. 227(e)(8)) is amended— leadership on this issue. Again, I want to thank my good (1) in subparagraph (A), by inserting ‘‘(in- Caller ID spoofing is growing at an cluding a text message sent using a text mes- friend, CHRIS GIBSON, for his leadership alarming rate in this country. This saging service)’’ before the period at the end; new technology allows criminals to fal- and for the leadership of our House Re- (2) in the first sentence of subparagraph (B), publicans and our friends on the other by inserting ‘‘(including a text message sent sify deliberately the telephone number side of the aisle. This is a bipartisan using a text messaging service)’’ before the pe- and the name relayed on caller ID in- bill, and I do hope Members will sup- riod at the end; and formation to make it appear as though port it robustly. (3) by adding at the end the following: those criminals are calling from our Mr. BURGESS. Mr. Speaker, I yield ‘‘(D) TEXT MESSAGE.—The term ‘text message’ bank or our credit card company, or back the balance of my time. means a real-time or near real-time message con- even from a governmental agency. Mr. WAXMAN. Mr. Speaker, I would like to sisting of text, images, sounds, or other informa- Imagine that. I get a telephone call tion that is transmitted from or received by a de- on my cell telephone, and under caller offer my thoughts on H.R. 4701, the Tick- vice that is identified as the transmitting or re- Borne Disease Research Accountability and ceiving device by means of a telephone number. ID, I think it comes from my bank or Transparency Act of 2014. Such term— my credit card company, or even H.R. 4701 would create a new working ‘‘(i) includes a short message service (SMS) worse, I suppose, from a local govern- group to review efforts on Lyme disease and message, an enhanced message service (EMS) mental agency.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.081 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7348 CONGRESSIONAL RECORD — HOUSE September 9, 2014 A recent case in New Jersey resulted mate individuals or institutions such Shortly after entering Congress, I in a resident’s reportedly being as law enforcement officials or a bank. pursued this issue because of com- scammed out of more than $5,500 by a They then use these fraudulent identi- plaints from a local civic organization caller, a criminal, falsely claiming to ties to obtain sensitive personal infor- and seniors in my district. But I quick- be a Federal tax agent attempting to mation from unsuspecting consumers. ly realized it is affecting Americans in collect back taxes. Vulnerable populations such as sen- all corners of our country, in all of our What a frightening experience for the iors, veterans, and recent immigrants districts. innocent receiver of that telephone have been especially targeted by these I think the fact that this is plaguing call. According to investigators, the attacks. so many of our communities is a big victim’s caller ID showed the number The bill makes three important reason why we have so much bipartisan of the local police department. This changes to strengthen existing law and support here for this bill. has got to stop. protect consumers. First, it broadens H.R. 3670 is an update to the Truth in Today’s bipartisan legislation will current law to address spoofing in the Caller ID Act of 2009. That legislation strengthen and improve the Truth in context of international calls. first criminalized malicious caller ID Caller ID law to help protect con- Second, it changes the definition of spoofing. But since the passage of that sumers in a greater way from Internet Protocol-enabled voice serv- law, scammers have used legal loop- scammers, spammers, and unscrupu- ices to cover new forms of technology holes and new technologies to cir- lous telemarketers. criminals have employed making Inter- cumvent it, thus, malicious caller ID I commend Chairman Emeritus BAR- net-based calls. spoofing is on the rapid rise again. Finally, the bill broadens the scope TON, of Ennis, Texas, Republican, and So it is time to strengthen and tight- of the existing law to cover text mes- Congresswoman GRACE MENG, Demo- en existing law and shut down the crat, of Queens, New York, for their sage spoofing. routes by which it is being cir- These changes will make the 2009 en- hard work and leadership on this issue. cumvented, and that is what our bill acted Truth in Caller ID Act a more ef- I want the American people to know does. H.R. 3670 sets forth three impor- fective tool to combat caller ID spoof- that on the Energy and Commerce tant changes to current law. ing and protect consumers. Committee, where Chairman BARTON Before reserving my time, I do want Number one, the bill broadens cur- and I serve, more bipartisan legislation rent law to prohibit caller ID spoofing to commend Congresswoman MENG for is passed out of that committee and her work on this issue. I want to com- from foreigners. This is crucial because reaches the floor of the House, and U.S.-based companies now spoof calls mend Mr. LANCE, and I want to also then goes over to the United States to U.S. residents with intent to do congratulate Congressman BARTON for Senate and is passed in the United working together on this commonsense harm, but originate such calls from States Senate and goes to the Presi- bill. outside of the United States. dent of the United States for his signa- Not only does the legislation enjoy Number two, the bill broadens cur- ture, than legislation from any other bipartisan support in the House, but rent law to include new Internet-based committee of Congress. the sponsors have also worked very Voice Over IP services that enable call- Now, much of what we do on the En- closely with Federal agencies and iners to make outgoing only calls from ergy and Commerce Committee does dustry stakeholders and consumer computers and tablets to mobile and not make the headlines because much groups to develop true consensus landline phones. This is a technology of what we do is eminently bipartisan around this proposed legislation. This that was undeveloped in 2009 when the in nature. And that is the history of is the way this institution ought to Truth in Caller ID Act was adopted the committee, the oldest standing work. and, therefore, unaccounted for in the committee in the House of Representa- I urge my colleagues to join me and law. But it has now grown and has con- tives, having first been established in support H.R. 3670, and I reserve the bal- tributed significantly to the caller ID 1795. ance of my time. spoofing problem. That is the tradition of bipartisan- Mr. BARTON. Mr. Speaker, I am the Number three, finally, our bill broad- ship, when the chairman, Mr. BARTON only other speaker left on my side, and ens current law to include text mes- was the chairman of that committee. It I reserve the right to close. So I would saging. continues under the chairmanship of yield to the gentleman from Utah or In closing, I would like to thank Mr. Mr. UPTON of Michigan, and this in- the gentlelady from New York if they BARTON and Mr. LANCE for working cludes the ranking member, Mr. WAX- wish to speak. with me to write this bill, Chairmen MAN, and the ranking member of the Mr. MATHESON. Mr. Speaker, I have UPTON and WALDEN and Ranking Mem- subcommittee. On both sides of the one more speaker, and I yield as much bers WAXMAN and ESHOO for all their aisle we have a tradition on Energy time as she may consume to the gen- guidance and leadership, the Commu- and Commerce to make sure that our tlewoman from New York (Ms. MENG). nications and Technology Sub- legislation is bipartisan in nature. Ms. MENG. I thank the gentleman committee members, most of whom I came to this issue as the result of for yielding. gave this bill great time and support, the nefarious situation in New Jersey. Mr. Speaker, I rise in strong support and all the other cosponsors. I also came to this issue at the request of H.R. 3670, the Anti-Spoofing Act, I would also like to thank the com- of Congresswoman MENG of New York which I authored along with Congress- mittee and personal staffs for all of City, and I want to thank the Congress- man BARTON and Congressman LANCE. their hard work. woman for coming to me. The bill addresses the problem of I urge a ‘‘yes’’ vote for H.R. 3670. I certainly believe that this legisla- caller ID spoofing, which is the scram- Mr. MATHESON. Mr. Speaker, I yield tion is in the interest of the American bling of caller identification numbers. back the balance of my time. people. I urge all of my colleagues to It is a tool often used to defraud unwit- Mr. BARTON. Mr. Speaker, the Con- vote for this consumer protection legis- ting recipients of phone calls and text gress is not spoofing when we say we lation. messages. are going to do something about those Mr. MATHESON. Mr. Speaker, I yield It is often stated that a measure of a individuals that do try to spoof the myself as much time as I may con- society is how it treats its most vul- American public. sume. nerable. Almost every day, I receive As has been pointed out, we passed a I rise today in support of H.R. 3670, new reports of caller ID spoofing that law back in, actually, it was the 2009 the Anti-Spoofing Act. This is a bipar- harms the most vulnerable in our soci- act, but we passed it in 2010, the Truth tisan, pro-consumer bill that addresses ety. Immigrants, seniors, veterans, and in Caller ID Act, to mitigate the effects the increasing problem of scam artists those in need of help from law enforce- of caller spoofing. faking caller ID information to defraud ment are all primary victims here. As you well know, you look on your consumers. That is why this bill is endorsed by caller ID and you see that an innocent These bad actors scramble or spoof senior citizen groups, law enforcement or innocuous individual or company is caller identification information for groups, and consumer protection calling you, as has been pointed out. It the purpose of impersonating legiti- groups. could be the police department, could

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.084 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7349 be the Pizza Hut, could be almost any- (H.R. 5161) to promote the non-exclu- GENERAL LEAVE thing, so you take the call and that is sive use of electronic labeling for de- Mr. LATTA. Mr. Speaker, I ask unan- not what it is. In many cases they are vices licensed by the Federal Commu- imous consent that all Members may trying to defraud our elderly in some nications Commission. have 5 legislative days to revise and ex- scam or something like this. So we The Clerk read the title of the bill. tend their remarks and to insert extra- passed a law that we thought would The text of the bill is as follows: neous material in the RECORD on the handle it. But it needs to be updated, H.R. 5161 bill. and that is what this bill does. Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there As has been pointed out, it makes it resentatives of the United States of America in objection to the request of the gen- illegal to initiate these calls from out- Congress assembled, tleman from Ohio? side the United States. It makes it ille- SECTION 1. SHORT TITLE. There was no objection. gal to do it over the Internet with a This Act may be cited as the ‘‘Enhance La- Mr. LATTA. Mr. Speaker, I yield my- Voice Over Internet Protocol-based beling, Accessing, and Branding of Elec- self such time as I may consume. tronic Licenses Act of 2014’’ or the ‘‘E- I rise today in support of H.R. 5161, system. And it also broadens the juris- LABEL Act’’. diction to include text messaging. the E-LABEL Act. This legislation SEC. 2. FINDINGS. that I introduced is a bipartisan and bi- As we well know, Mr. Speaker, text Congress finds the following: messaging is ubiquitous now on our (1) The Federal Communications Commis- cameral measure that marks an impor- Blackberrys and our iPads and iPhones sion (referred to in this section as the ‘‘Com- tant step forward in modernizing our and all of our personal telecommuni- mission’’) first standardized physical labels laws to reflects today’s information cation devices. for licensed products such as computers, and communications technology mar- This bill has bipartisan support. The phones, and other electronic devices in 1973, ketplace. and the Commission has continually refined subcommittee chairman, Mr. WALDEN, Over the past 20 years, there has been physical label requirements over time. is an original cosponsor. The sub- tremendous growth and innovation in (2) As devices become smaller, compliance both the communications and manu- committee ranking member, Ms. ESHOO with physical label requirements can become of California, is a cosponsor. Chairman more difficult and costly. facturing industries. Smartphones, tab- Emeritus on the Democratic side JOHN (3) Many manufacturers and consumers of lets, and other revolutionary devices DINGELL is a cosponsor. I am an origi- licensed devices in the United States would come equipped with functionalities we nal sponsor. prefer to have the option to provide or re- could only imagine just a short time So this is one of these instances, Mr. ceive important Commission labeling infor- ago. In the midst of this innovation Speaker, that Republicans and Demo- mation digitally on the screen of the device, era, it is critical that our laws recog- at the discretion of the user. crats are united. Chairman UPTON, the nize these advancements and are up- (4) An electronic labeling option would dated to foster continued investment full committee chairman, and Mr. give flexibility to manufacturers in meeting WAXMAN, the full committee ranking labeling requirements. and opportunities for future develop- member, are totally supportive. SEC. 3. AUTHORIZATION FOR FEDERAL COMMU- ment. The E-LABEL Act will facilitate NICATIONS COMMISSION TO ALLOW this effort. b 1830 ELECTRONIC LABELING. The E-LABEL Act establishes a There is every indication that, if this Title VII of the Communications Act of timeline for the FCC to move forward body passes this bill this evening, it 1934 (47 U.S.C. 601 et seq.) is amended by add- with a rulemaking to permit the use of will go to the other body, the United ing at the end the following: electronic labels instead of physical la- States Senate, and we fully expect it to ‘‘SEC. 720. OPTIONAL ELECTRONIC LABELING OF bels to certify that devices with COMMUNICATIONS EQUIPMENT. pass it. This is one of those rare birds ‘‘(a) DEFINITIONS.—In this section— screens have been approved for com- in this Congress that might actually be ‘‘(1) the term ‘electronic labeling’ means mercial use. Not only will this give signed by the President of the United displaying required labeling and regulatory manufacturers greater flexibility to de- States. information electronically; and sign innovative products that con- There is no known opposition to the ‘‘(2) the term ‘radiofrequency device with sumers demand, but by some esti- bill. Our stakeholders, as Mr. MATHE- display’ means any equipment or device mates, e-labeling will save manufactur- that— SON has pointed out, support it. Google ers over $80 million a year. Consumers supports it. The FCC supports it. ‘‘(A) is required under regulations of the Commission to be authorized by the Commis- will also benefit from efficiencies cre- AT&T, CTIA, Microsoft, USTelecom, sion before the equipment or device may be ated by e-labeling. E-labeling can ex- Vonage, Verizon, and AARP are just marketed or sold within the United States; pand consumer access to relevant de- some of the more popularly known and vice information and enhance the over- stakeholders that support the bill. ‘‘(B) has the capability to digitally display all quality and availability of equip- So I rise in strong support, Mr. required labeling and regulatory informa- ment identification records through Speaker, that we unanimously pass tion. supporting software. The E-LABEL Act H.R. 3670, the Anti-Spoofing Act of ‘‘(b) REQUIREMENT TO PROMULGATE REGU- represents good policy for both manu- LATIONS FOR ELECTRONIC LABELING.—Not 2013, and send it to the Senate for its later than 9 months after the date of enact- facturers and consumers and should be consideration. ment of the Enhance Labeling, Accessing, advanced without delay. With that, I yield back the balance of and Branding of Electronic Licenses Act of I thank Ranking Member ESHOO, my time. 2014, the Commission shall promulgate regu- Congressman WELCH, and Congress- The SPEAKER pro tempore. The lations or take other appropriate action, as woman BLACKBURN for their support on question is on the motion offered by necessary, to allow manufacturers of radio- this measure. I also thank Chairmen the gentleman from Texas (Mr. BAR- frequency devices with display the option to UPTON and WALDEN for their continued use electronic labeling for the equipment in TON) that the House suspend the rules support and leadership in modernizing place of affixing physical labels to the equip- and pass the bill, H.R. 3670, as amendment.’’. our communication laws for the digital ed. age. I urge my colleagues to support SEC. 4. SAVINGS CLAUSE. The question was taken; and (two- The amendment made by section 3 shall this bipartisan legislation. thirds being in the affirmative) the not be construed to affect the authority of Mr. Speaker, I reserve the balance of rules were suspended and the bill, as the Federal Communications Commission my time. amended, was passed. under section 302 of the Communications Act Mr. MATHESON. Mr. Speaker, I yield A motion to reconsider was laid on of 1934 (47 U.S.C. 302a) to provide for elec- myself such time as I may consume. the table. tronic labeling of devices. I rise today in support of H.R. 5161, f The SPEAKER pro tempore. Pursu- the E-LABEL Act. ant to the rule, the gentleman from This bipartisan bill will modernize ENHANCE LABELING, ACCESSING, Ohio (Mr. LATTA) and the gentleman the Federal Communications Commis- AND BRANDING OF ELECTRONIC from Utah (Mr. MATHESON) each will sion’s device certification rules by LICENSES ACT OF 2014 control 20 minutes. eliminating the requirement for device Mr. LATTA. Mr. Speaker, I move to The Chair recognizes the gentleman manufacturers to include etched labels suspend the rules and pass the bill from Ohio. on the outside body of each electronic

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.085 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7350 CONGRESSIONAL RECORD — HOUSE September 9, 2014 device. Instead, device manufacturers mous photo that was taken, one very Salem, North Carolina—the Childress will have the flexibility to display FCC brave student held up a copy of a little Institute for Pediatric Trauma at certification information through soft- pamphlet in front of a tank when a Wake Forest Baptist Medical Center. ware on device screens. tank was going to run this student The institute was established due to There are numerous potential bene- over. The document that the student the leadership and generous financial fits to e-labeling. For example, e-labels held up was a copy of the United States support of Richard and Judy Childress, can provide more information to con- Declaration of Independence, as he who saw that, while trauma was taking sumers than is conveyed today, such as spoke about freedom and what freedom the lives of thousands of children every details regarding the device warran- meant to him. year, pediatric trauma was not a focus ties, recycling, and trade-in opportuni- You see, Mr. Speaker, we have al- of medical research. ties. E-labeling will also lower produc- ways been in this country—this is a In 2010, according to the Centers for tion costs for device manufacturers standard-bearer for liberty, a standard- Disease Control, pediatric trauma took since affixing labels to a device can re- bearer for freedom and a standard-bear- the lives of 9,523 children, making it quire significant design time and exer for the expression of free speech the largest cause of childhood death by pensive equipment. rights. That is why we take this oppor- a significant margin. As a comparison, I would also note that we should tunity so seriously to be able to keep cancer, heart disease, and birth defects commend FCC Chairman Wheeler and safe this ability, to be able to speak combined take the lives of about 3,300 his staff in the Office of Engineering out on the issues of the day. children every year. Tragically, 3,300 is and Technology for recently taking If there is anything that has captured a very similar number of children who steps to update the Commission’s e-la- America’s attention with horror, I be- were killed in 2010 due to traumatic in- beling policies. lieve, especially over these summer jury from child abuse. An additional By working together with the FCC, months as the United States Congress 6,190 children died that year from unin- we can provide innovators with more had taken a recess—the Members of the tentional traumatic injuries. A full 52 flexibility and speed the delivery of House of Representatives and of the percent of those injuries were caused new devices in the marketplace. United States Senate had gone back by vehicle accidents, followed by I want to thank my colleague, Mr. into their districts, and they had met drowning, poisoning, fire, guns, and LATTA, for his leadership on this issue, with people on the ground who allowed falls. In addition to the nearly 10,000 fa- and I urge my colleagues to join me in them to come and serve here in this talities, another 175,000 children were the support of H.R. 5161, the E-LABEL Congress—it is, when they went home, hospitalized due to injuries. Act. they also saw on their televisions at Dr. C. Everett Koop, who served as Mr. Speaker, I yield back the balance night a fairly horrific sight, something U.S. Surgeon General under President of my time. that we thank God with everything Reagan, once said: ‘‘If a disease were Mr. LATTA. Mr. Speaker, I would within our beings that we don’t see fre- killing our children in the proportions urge the House to support this legisla- quently here in the United States. It that injuries are, people would be out- tion. was terrorism—and terrorism on a raged and demand that this killer be I yield back the balance of my time. level that we were unfamiliar with and stopped.’’ Despite trauma being the over- The SPEAKER pro tempore (Mr. hadn’t seen before. whelming cause of childhood death, the BARTON). The question is on the motion We heard of a group named ISIS, and Federal Government spends only about offered by the gentleman from Ohio we saw they had continued to make 1 cent on pediatric trauma research for (Mr. LATTA) that the House suspend wild gains both in Iraq and in Syria, so every dollar spent to study pediatric the rules and pass the bill, H.R. 5161. much so that they were robbing banks to fill their own pockets. Then they cancer. The question was taken. The Childress Institute has been began to steal oilfields and take those The SPEAKER pro tempore. In the working to pick up where Federal dol- oilfields over. Then they took over oil opinion of the Chair, two-thirds being lars have dropped off. The institute refineries. Then they began to take in the affirmative, the ayes have it. uses its resources for research, edu- Mr. LATTA. Mr. Speaker, on that I over electric grids. Then, with just cation, and awareness about pediatric demand the yeas and nays. seemingly very few men, they took trauma and to improve the treatment The yeas and nays were ordered. over entire cities. In fact, we were for critically injured children in the The SPEAKER pro tempore. Pursu- shocked when the city of Mosul, which U.S. ant to clause 8 of rule XX, further pro- is the ancient city of Nineveh—the Mr. Speaker, Richard Childress is a ceedings on this motion will be post- prophet Jonah was sent to the city of lifelong resident of the Winston-Salem poned. Nineveh, where he preached to the city, area, and is a NASCAR pioneer. Rich- f and the Holy Bible records that the en- ard and his wife, Judy, are civic and tire city repented and turned to God. ISLAMIC JIHAD philanthropic leaders in the commu- That ancient city is the modern day nity. Through their determination to The SPEAKER pro tempore. Under city of Mosul in northern Iraq. That fight the number one cause of pediatric the Speaker’s announced policy of Jan- was the city that the leader of the Is- death, children worldwide are bene- uary 3, 2013, the gentlewoman from lamic State—the jihadists that we have fiting from the generosity that those of Minnesota (Mrs. BACHMANN) is recog- seen every night on our national news us in North Carolina have long wit- nized for 60 minutes as the designee of programs—chose to come against. That nessed. the majority leader. particular city had a population of well Mrs. BACHMANN. Mr. Speaker, I am over a million people, and some esti- b 1845 so profoundly grateful to be able to mate there were 1.7 million people. The remarkable people of the stand in the well of the United States Mr. Speaker, at this time, I would be Childress Institute for Pediatric Trau- House of Representatives. There is no more than delighted to yield to the ma work tirelessly to discover and greater bastion for free speech than wonderful gentlewoman from the great share the best ways to prevent injuries here in this House. What a wonderful State of North Carolina, Ms. VIRGINIA and treat severely injured children, gift this is, not only just for people FOXX. with the ultimate goal of ensuring that here in the United States, but also for RECOGNIZING CHILDRESS INSTITUTE FOR all ‘‘injured kids get the best care when people around the world. PEDIATRIC TRAUMA they need it the most.’’ There is one thing that we have Ms. FOXX. I want to thank the gen- Today, I thank Richard and Judy learned from Tiananmen Square, and I tlewoman from Minnesota for yielding. Childress for their foresight and gen- had the privilege in August of being I know she has an important message erosity, and I thank the Wake Forest able to travel to China and visit and to bring tonight, and I appreciate her Baptist Medical Center in Winston- stand in the midst of Tiananmen sharing a little of her time with me. Salem for its expertise and dedication Square, where people from around Mr. Speaker, at a recent event, I had to this mission. China had come to take a stand for the privilege of learning more about a Finally, I want to recognize the dedi- speech. If we remember from that infa- remarkable organization in Winston- cated men and women of the Childress

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.088 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7351 Institute for Pediatric Trauma for lamic jihad, we learned and studied Iraqi forces working with the United working every day to keep our children about who this leader of the Islamic States had captured. safe and to help them recover when jihad is. His name is Baghdadi. He is So terrorists who are behind bars in they get hurt. about 43 years old. He is very well-edu- jail in Iraq in pursuit of the Islamic Again, Mr. Speaker, I want to thank cated. He has a doctorate degree. jihad were behind bars, and the one the gentlewoman from Minnesota for He has been involved in al Qaeda as a man that President Obama released so graciously yielding to me this senior member for decades. So, again, from jail in Iraq went to the other pris- evening. this is not a new individual. This is not ons and opened the prison doors and Mrs. BACHMANN. Mr. Speaker, I a brandnew thought or a brandnew con- began forming his army, and his army also want to give words of praise for cept. This is an individual who has was formed with convicted Islamic the gentlewoman from North Carolina, dedicated his life to jihad. His name, jihadist terrorists. Ms. VIRGINIA FOXX. She is a stalwart on again, is Baghdadi. He broke open so many jails, and he almost every topic and every subject As we watched Baghdadi and his rise, again then recruited other terrorists that there is in this Chamber. something stunned me, and I hope that from the region that today Baghdadi She is one of the few women that you everyone in the United States under- has an army—a brutal, savage, animal- will regularly see here almost on a stands this one concept: we, in the istic army of 12,000 individuals who are daily basis, taking the debate to the United States, had intercepted so brutal. American people, so that they can un- Baghdadi, the current head of the Is- We heard the reports that they lit- derstand that our society can be in lamic State. We had Baghdadi in erally buried alive innocent women and conformity with what the creators of United States custody. We had him in children in northern Iraq. They chased this society wanted, a place that was, custody in Iraq, the country where he families up a mountain, Mount Sinjar, first of all, peaceful, a place that would was born, and he was in a United the Yazidis. The Yazidis were a peace- be welcoming, and a nation that would States detention center. loving people, but they were considered allow everyone who comes here to real- The reason why he was in detention devil worshippers by Baghdadi and his ize their dreams in a way that would is because he was a terrorist commit- band of the Islamic State. They even stretch their own imaginations. ting terrorist acts, and he was com- couldn’t have that, so they chased She has been a stalwart, and that is mitted to pursuing terrorist goals. We these people. One and two and then 10 and then 100 Ms. VIRGINIA FOXX, and I am grateful had him in detention, and President and then thousands of Yazidis were that she was able to come and speak Obama chose in 2009 to release killed by these barbarians and the Is- here this evening. Baghdadi from detention in Iraq. He I would like to be able to continue, lamic State. They died of thirst. They was set free. Mr. Speaker, with this important topic died of hunger. They died of behead- Now, was Baghdadi rehabilitated? because, again, these are extraordinary ings. Had we confirmed that he had re- times and extraordinary days that we Men were separated from women. nounced Islamic jihad, that he had re- live in. As we all know from the news Women were raped. Women were car- nounced acts of terror, that he was no reports, the President of the United ried away and kidnapped. They were longer going to pick up the sword and States, tomorrow night, will be ad- forced into sexual slavery to serve the force people at the threat of their life dressing the Nation on the topic of Is- animals who had beheaded their hus- lamic jihad, particularly the Islamic or beheadings to convert to Islam? bands and their sons. Literally, hun- That wasn’t it at all. As a matter of State, as they call themselves today. dreds of men were taken away and be- Some people may know them as ISIS fact, at the moment when the United headed by the Islamic State, led by or ISIL. They call themselves the Is- States released Baghdadi from the Baghdadi, the man who had been re- lamic State. The President will be United States prison, Camp Bucca in leased from prison by President talking about this threat, and I think Iraq, at that moment, Baghdadi said to Obama. that the country is anxious to hear his jailer, ‘‘I will see you in New I wonder if President Obama will what the President of the United York.’’ have something to say about his deci- States will say. That should have been a tipoff right sion to release Baghdadi when he ad- I serve on the Intelligence Com- there and then that we should have dresses the Nation tomorrow night. mittee. It is a privilege to serve on the nabbed him and held him and retained Clearly, this was a mistake that never Intelligence Committee. It is a fairly him in detention. This was not a good should have happened. small committee. We deal with the candidate for release. Well, once Baghdadi had his terror- classified secrets of our Nation. We Today, Baghdadi is the head of the ists released from prison, they began a also deal primarily with terrorism and Islamic State in Iraq and Syria and the wave of car bombings across Iraq. As how to keep the Nation safe, and as a self-appointed caliph of the new caliph- Baghdadi reconstituted his Army in member of that committee, we have ate. He reconstituted al Qaeda in Iraq. 2010 and 2011, he began his strategy. His watched this group called the Islamic As a matter of fact, the very first fran- outward strategy was a series of na- State form. chise or affiliate of al Qaeda was lo- tionwide car bombings in 2011 and 2013 We have watched it for well over 2 cated in Iraq. Baghdadi himself was the all across Iraq. years because what we are seeing, Mr. number three in the organization. He destabilized Iraq and destabilized Speaker, is nothing new. It is a con- We in the United States took out and the Government of Iraq and desta- tinuation of the concept known as Is- killed the number one and the number bilized the Army of Iraq to the point lamic jihad. two in al Qaeda of Iraq. Baghdadi was where they were more and more fearful While maybe this is a new name and number three. He was ready to move of the Islamic State and what they this is a new format, the Islamic State, up, obviously, to be the number one of were intending to do. it is merely a continuation of a phe- al Qaeda in Iraq, but he didn’t have the So bold did Baghdadi become that his nomenon that began in 700 A.D. under opportunity. aim was not simply on Iraq and on the prophet Muhammad who took the He didn’t have the opportunity when Syria or just on Gaza or just on Israel sword and violently attempted to con- he was in detention in 2009. He had to or on Jordan or on Turkey or on Leb- vert people to his religion to various look for his opportunity and reconsti- anon. He gave a speech in January of villages, whether it was Mecca or Me- tute himself and his organization and this year, 2014. dina, he used the sword to violently build an organization, which he did. He In this speech, Baghdadi spoke to force individuals to convert to Islam. began in 2009, and he began with what America. This is what he had to say to That attempted conversion has con- he called ‘‘break the walls’’—that was America—the leader of ISIS—‘‘Soon tinued from 700 A.D. forward, and so his name, a ‘‘break the walls’’ strategy. we’ll be in direct confrontation, so what we are seeing today is the Islamic It was a campaign whereby he opened watch out for us, for we are with you, jihad, the continuation, and it is also prison doors all across northern Iraq, watching.’’ at its root a religious war. and he released terrorists from prisons, I repeat, ‘‘Soon we’ll be in direct con- While sitting on the Intelligence so these are prisoners that we cap- frontation, so watch out for us, for we Committee, watching the rise of the Is- tured—the United States—or that the are with you, watching.’’

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.090 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7352 CONGRESSIONAL RECORD — HOUSE September 9, 2014 They posted a picture of the al Qaeda mate goal, which is to spread their ca- of Yazidis who are dead and displaced. flag—the black flag—flying over the liphate across the entire world, not Ask the hundreds and maybe thousands White House. They have intentions, all just in Iraq, not just in Syria, but of women who have been raped and vio- right. Their intentions are not just in across the entire world, including the lated, and young girls, those in Syria the Middle East. Their intentions are United States of America. who have had to deal with the same. terrorist activity also in Western Eu- We saw what they did in Benghazi 2 The tragic consequences are being felt rope and also in the United States of years ago, almost to the day, again on even here in the United States. America. September 11, when Islamic jihadists Then we watched, with startling Why? They tell us what their goal is. targeted the American consulate. They speed, the bank robberies that occurred Their goal is to force the peoples of not only burned it down, but they also when Baghdadi had to find a source of Western Europe and to force the peo- took the life—for the first time in 30 income and revenue to run the Islamic ples of the United States of America to years, we lost an American Ambas- State. He did that by robbing banks. convert to Islam at the tip of a sword, sador, Chris Stevens. What is so shame- There are various reports. Some re- whatever it takes. ful is that 2 years later Libya is in ab- ports say that he stole over $400 mil- You see, we are in the shadow of the solute chaos today. Just in the last lion, some say over $100 million, others 13th anniversary of the horrific tragedy month, we saw Islamic jihadists take say various amounts. The fact is now of 9/11, when we saw what 19 committed over the airfield in Tripoli. we had an Islamic jihadist who could Islamic jihadists can achieve with an I was in Tripoli earlier this year. I support himself through bank rob- airline ticket in one hand and a box had visited the American Embassy ear- beries. But he didn’t stop there. He cutter in another. lier this year. I went outside and ob- knew that that wouldn’t be enough to They drove the planes on that morn- served a moment of silence in front of accomplish the dreams that he had to ing of September 11 directly into tower the memorial recognizing our Ambas- establish a global Islamic State. number one and tower number two in sador, Chris Stevens. It is right out- And so, besides robbing banks, be- New York City. They felled the towers, side, between the Embassy and the sides reconstituting an army, he de- and 3,000 innocents died. swimming pool at the Embassy. And cided that he would also take over oil- They also took off in a jet here in shamefully, about a week, 2 weeks ago, fields in the Kurdistan area of northern this city, from the airport in this city. we saw Islamic jihadists had so pres- Iraq. He took over the oilfield. Some That airplane went directly into the surized our Embassy that the people in reports say that he sells on the black Pentagon, and more hundreds of inno- our Embassy wisely abandoned the Em- market oil that comes in at potentially cents died, and that wasn’t alone. An- bassy and took off for Tunisia and es- $1 million a day; other open-source doc- other jet took off. caped out of Libya with their lives, uments say other amounts. But the No one knows if that jet was in- thank God. fact is we have the Islamic State sup- tended to come into this building, if The Islamic jihadists, the terrorists, porting itself by selling oil on the they were targeting this very well, 13 came into the United States Embassy black market, and that oil goes to fund years ago. Were they targeting this and took over and had a party in our terrorism. well, this rotunda, the Capitol? Were Embassy and made a video that they He also didn’t stop there. Baghdadi they targeting the White House? posted on YouTube that had them also was strategic and he took over an We will never know. We will never standing on the second-floor balcony at oil refinery, the oil refinery which sup- know because the brave Americans on the Embassy, jumping joyfully into the plies the energy to the Islamic State to Flight 93 infamously said, ‘‘Let’s roll.’’ swimming pool, splashing in the swim- run their vehicles, their airplanes, They were the first resistance that ming pool, mere yards from the memo- whatever it is that they need energy day, the first American resistance to rial to our killed Ambassador, Chris for. push back and say, ‘‘Not in my Nation, Stevens. They also took over an electric grid you don’t.’’ You see, we are not winning the war so that they could have electricity. We owe a tremendous debt of grati- against Islamic jihad. Our President in- They didn’t take over every village; tude to those Americans who said, who famously told us in the runup to his re- they didn’t need to. They could cause realized through phone calls with their election in 2012 that al Qaeda was de- them to fall through intimidation, just loved ones, when they tragically picked feated. Core al Qaeda was nearly gone; as they did in Mosul, and that is what up the phone and found out the horri- it was defeated. Al Qaeda was on the was stunning. fying news of what had happened in run, our President assured us. I only Imagine you have got an army esti- New York City to the World Trade tow- wish our President would have been mated to be somewhere in the neigh- ers, of what had happened to the Pen- right. borhood of 10,000 to 12,000, and you can tagon, and they knew very likely that Sitting on the Intelligence Com- take over a city of 1.7 million, just one. the plane that they were on could be mittee, I knew without a shadow of a You see, that is what terrorism does. It carrying them also on a nefarious mis- doubt what our President was saying in so intimidates people that live in the sion, and to the point of losing their 2012 was absolutely wrong. It wasn’t community that they decide, We can’t own lives, they stood up and said, true. I knew al Qaeda wasn’t defeated. win; we aren’t even going to try. ‘‘This is our last chance, but we’re not I knew that al Qaeda across the world That is why the United States can’t going to sit here, we’re going to fight was continuing to gain traction. We stay silent. That is why we must stand back,’’ and they did. They fought back. knew that. And yet we were told that, and act and recognize. We are at war. They lost their lives that day. with the death of bin Laden, all had We are at war because the Islamic been solved. Thank you very much. State has declared war against the b 1900 Tragically, nothing could be further United States, Western Europe. They They lost their lives that day, but from the truth. declared war on anyone who isn’t they saved that jet from being used as Tragically, James Foley, the United them. But they have been very clear a missile on another target. States photojournalist who was be- about declaring war against the United You see, Americans and America headed by ISIS, knew that that wasn’t States. didn’t wait. We didn’t wait to be de- true, as well as Steven Sotloff, the The Islamic State also made another feated by this evil philosophy and this other United States journalist who also strategic capture. They captured air evil enemy. Brave Americans stood up was beheaded by the Islamic State. bases, Iraqi air bases. And when they that day and said, ‘‘No more.’’ And the You see, actions have consequences; did that, they captured United States question we have is: Do we hear their ideas have consequences. And when the equipment. So the Islamic jihad is voices? Do we still hear their voices? Is decision was made by President Obama fighting with the latest United States there bravery yet among us today to of releasing Baghdadi from the United equipment. heed their call? Because, you see, the States detention center for whatever They reportedly have United States Islamic jihadists haven’t changed. reason, that has had profound con- helicopters, United States planes. They They haven’t deviated in their intent. sequences. Ask the thousands of Iraqis reportedly have United States weap- They haven’t deviated in their ulti- who are now dead. Ask the thousands onry and United States ammunition.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.091 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7353 They also have uniforms that they cap- world outside of Somalia. And that So- over the city of Detroit, but thank God tured from the Iraqi forces. They cap- mali man traveled over as well. he was unsuccessful. Again, it was yet tured Humvees, armaments, the oil- And so had these two individuals, had one more plot here in the United fields. They also captured natural gas- they been in the war with the Islamic States. fields in central Syria. State and, rather than getting killed And there were more. There were at- Well, this spring as I was watching decided to come back, they would not tempts on one of our former Presi- this occur, I am from the State of Min- have been impeded by the United dent’s life, George W. Bush, at his nesota, and unfortunately Minnesota States Government from coming back. home. There have been other plots as has a very long connection to ter- Now, think of this. Here you have in- well. Thank God we have foiled so rorism. I went to the FBI earlier this dividuals who have given their alle- many of them. But what that should summer, and I asked the FBI for a pri- giance to the Islamic State—oh, and by speak to us, Mr. Speaker, is that the vate classified meeting. I asked the the way, one of their friends from high problem isn’t just in the Middle East. school was killed in 2009. He also was FBI if there were any Minnesotans that b 1915 had joined the Islamic State and had fighting in the Middle East in Islamic traveled to the Middle East to fight on jihad. His name was Troy Kastigar. The problem is here in the United their behalf. They told me at that time And Troy Kastigar was featured in a States, and that is why we have to act the information was classified. It no video, a recruitment video, inviting now. We have to act forward thinking longer is. The FBI told me that there more Americans to come and join Is- so we don’t allow them to reach their were two Minnesotans who had trav- lamic jihad. goals. Well, I went to the FBI, and I eled and joined the Islamic State. Troy Kastigar said that he was glad— asked them this question. Again, I was So I had asked the obvious question, I am paraphrasing—he was glad to be a shocked at the answer. which was: If they are not killed in traitor to America. And yet, under our Earlier this week, Mr. Speaker, I in- that battle, and if they choose to come current law, Troy Kastigar can be a troduced a bill in the United States back to the United States—we know killer and fight against the interests of Congress. It is gaining a fair amount of who they are; we know what they have the United States and travel to the traction with both Democrats and Re- done—will they be allowed to come Middle East, be a terrorist, and then publicans. It essentially says this: If back into the United States? And I was freely come back to the United States you are an American citizen, and if you told, Yes, they will. They are American with battlefield experience, maybe a have gone to join ISIS, a foreign ter- citizens. They have passports. We can’t plan for terrorism in the United States, rorist organization, and you want to stop them from coming into the United and he can roam freely in this country? return to the United States, your pass- States. There is something seriously wrong port will be taken from you, and you I was floored. Here we are trying to here, Mr. Speaker, something very seri- will begin the process of track down and murder terrorists in ously wrong. Have we completely lost denaturalization. In other words, we Afghanistan. We have American citi- our minds that we wouldn’t even pre- will do everything within our power to zens who have left the United States vent a terrorist, a known, avowed ter- prevent you from coming back into and who have joined with the Islamic rorist from returning to the United this United States. You can try to State—and, by the way, the creed of States where he could carry out ter- come in—and, unfortunately, too many the Islamic State says, when you join rorist activity here in the United try to come in through our southern the Islamic State, you have renounced States? border—but we are going to try and every other form of government and You see, we think that things have make sure that you are not successful. you are now submitting to the govern- been fairly peaceful, but at a min- My bill is called the Terrorist ment of the Islamic State. How is it imum, there have been 53 different ter- Denaturalization and Passport Revoca- that that individual then would be able rorist plots that our government has tion Act to amend section 349(a) of the to come in? stopped. We have foiled 53 plots, at United States Code. The FBI said, Well, we put those indi- minimum, since 2001, since the ter- Well, not only that, from Minnesota, viduals on a watch list and we give rorist activity. the FBI estimates we have at least 20 them further screening at the airport. I We didn’t foil all of them. We didn’t Somali Americans from Minnesota asked, What you do mean, further foil the Islamic jihadists in Arkansas that have left our State and have trav- screening? They said, Well, we ask who killed a United States soldier. And eled to the Middle East to join the Is- them questions. this individual also had been converted lamic jihad. Just last week, a 19-year- And then they are allowed to get on to Islam and killed the soldier who was old Somali American woman left St. a plane and then they are allowed to at a recruiting station, I believe an Paul to join the Islamic jihad. What I come into the United States and travel Army recruiting station. We didn’t am told is that all three of the women freely? stop the two refugees who were in Bos- that have gone to join from the United Yes, they are. ton, the Tsarnaev brothers, at the Bos- States are from the State of Min- That floored me. I thought that ton Marathon bombing. nesota. They are continuing to recruit. couldn’t possibly be. And then we saw Despite the fact that our FBI was Our southern border remains, for all the events transpire this summer. And given a cable from the Russian FSB— practical purposes, wide open so for- tragically, we saw the very first Amer- that is their intelligence service. They eign nationals can cross into the ican who was killed fighting for the gave a cable to our FBI that it ap- United States. Again, it is not the fault Islamists, the Islamic State, was a peared that the Tsarnaev brothers of the Border Patrol. I actually naively Minnesotan. His name was Doug had—there was a question of terrorist thought on my visit about 6 weeks ago McCain, from Minnesota, from the involvement and terrorist activity. The to our southern border that the Border Twin Cities suburban area. He was an Tsarnaev brothers weren’t stopped, and Patrol actually stops foreign nationals African American youth from Chicago. people, tragically, were hurt during the from coming in. I thought they did. I He had come with his family to Min- Boston Marathon bombing. was shocked to find out that the Bor- nesota, where had he been converted to So we have seen those attempts, as der Patrol doesn’t stop anyone. Nearly Islam and radicalized in the Twin Cit- we also saw another attempt of the in- 100 percent of foreign nationals who ies and became a fighter for the Is- famous Christmas Day underwear want to come into the United States lamic State. He was the first Amer- bomber, who had left London, headed through our southern border come in. ican. to Minneapolis, Minnesota, with the They come in. The Border Patrol is a Very shortly thereafter, a second express intention of blowing himself up people processing pipeline. So they American was reported to have been as a suicide bomber with a concoction come in. They may not all get to stay, killed fighting for the Islamic State— that someone had put together for him, but they certainly all do come in. in the same battle. That was also a and he attempted to blow up the plane. Again, that is not the fault of the Bor- Minnesotan, another young man, who At that time, it was Northwest Air- der Patrol. That is the fault of politi- was a Somali American. Minnesota has lines, the precursor to today’s Delta cians who haven’t made the decision to the largest Somali population in the Air Lines. He tried to blow himself up actually secure America’s southern

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.092 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7354 CONGRESSIONAL RECORD — HOUSE September 9, 2014 border and to set up the police, to set and the conversation rather than being American residual forces out of Iraq. up the law enforcement to make that about actually defeating al Qaeda was That decision has led to the con- happen, and also to instantaneously de- about planting seeds in Pakistan and sequences that we have today, and it is port foreign nationals back across the planting seeds for the agriculture com- why, again, I would plead with the border. I was told, as a matter of fact, munity and growing the agriculture President of the United States to not if I didn’t mention it before, that for- community in both countries. Now, I pull American forces out of Afghani- eign nationals from over 140 countries am not saying that that is not a worth- stan, either. Because I heard over and have already made their way into the while meeting, but if your point in hav- over and over when I was in Kabul, Af- United States just so far this year. ing the meeting is to defeat al Qaeda, ghanistan, over the Memorial Day We have a lot on our plate right now, that is the subject that you should be weekend, May 30, that if the United Mr. Speaker, a lot that we have to pay covering, and you should come up with States leaves Afghanistan, everyone on attention to. The United States could a plan. That was, again, at this point, the ground knows the Taliban will be have stopped them in the cradle, and over 4 years ago, and we are here to- back. It will be bloody, and it won’t be they weren’t. They could have been morrow night about to hear from the pretty, and it will be back to square stopped before they were reconstituted. President. Does he finally have a plan? one after $1 trillion worth of treasure. The President could have retained Once the crisis got to the point of But, more importantly, after the sac- Baghdadi in the United States deten- American citizens being beheaded on rifice of thousands of brave American tion system. We wouldn’t have had the TV before our eyes in the most cruel, lives. That is not how we should honor beheadings that we saw of James Foley barbaric way possible, now we are only their memory nor their sacrifice. And or of Steve Sotloff, and hundreds of starting to reengage. the same with the brave American men thousands of innocent people wouldn’t The Islamic State crisis, unfortu- and women in our Armed Forces, and be dead today had the President made nately, is one that will be very difficult contractors, et cetera, who lost their that decision, but he didn’t. because we have seen United States life also to win the peace in Iraq. It is also important for us to realize forces prematurely moved out of that Again, President George Bush had it Iraq pled with the United States to do region. So were we forewarned? We ab- right in July of 2007. We needed those drone strikes against the Islamic State solutely were forewarned. And it isn’t residual forces. dating back to August of 2013. Wouldn’t just the administration. We also knew Yes, this is a continuation of Islamic it have been important to listen to during George W. Bush’s tenure as jihad. Yes, this is, at its basis, a reli- Iraq? They were the ones dealing with President of the United States that the gious war—not America saying it. That the Islamic State in 2013. They begged foreign policy establishment, the mili- is the terrorists themselves telling us us to do drone strikes and take out the tary establishment, also knew. There is that they are at war with us because leadership in Iraq. What was the an- a clip that has gone on YouTube re- they intend to force conversions to swer of President Obama? No. He took cently of President George W. Bush in their religion of Islam. a pass. He didn’t listen to the calls of 2007, and I will read exactly verbatim Well, what is very unusual about the Iraq, and we didn’t take out the leader- what the President said July 12, 2007. Islamic State is this: they have a land, ship when we had the chance. George W. Bush warned the Nation and they have a territory. We have a The Iraq foreign minister came to then: philosophy, we have been fighting, now the United States, and he begged for It would mean surrendering the future of we have a land and a territory, a new the United States to help against the Iraq to al Qaeda if the United States com- caliphate. It is at least half of Syria Islamic State. He also went home pletely removed ourselves from Iraq. It and at least half of Iraq. It has a head, empty-handed. There were multiple would mean that we would be risking mass Baghdadi, who has declared himself the knocks on the President’s door to do killings on a horrific scale. caliph of this new caliphate. He has a something about the Islamic State It would mean that we would allow the ter- committed army of 12,000 terrorist sol- rorists to establish a safe haven in Iraq to re- even back in 2013 by our partners who place the one they lost in Afghanistan. diers, many of whom he released from we were trying to help be successful in It would mean increasing the probability terrorist prisons. They have a form of Iraq. Unfortunately, our President did that American troops would have to return government, Islamic sharia law, and not answer that call. at some later date to confront an enemy that they follow that to the tee. On May 11, the President of Iraq, al- is even more dangerous. They have money from banks that Maliki, asked CENTCOM to strike the It is beyond belief the statement that they have robbed, from oilfields, and Islamic State with drones. That was on was made by George W. Bush back in from the revenue that they take from May 11, this spring. I was on the Intel- July 12 of 2007. It is as though the gasfields. They also have a self-sus- ligence Committee. I was seeing the up President has most accurately de- taining infrastructure with their en- tempo, and all of us were seeing the up scribed exactly what President Obama ergy production. They are seeking to tempo of the Islamic State and the rise will address tomorrow night by his ill- obtain weapons of mass destruction. of the Islamic jihad. Again, the presi- made decision in 2011 not to leave They obtained 90 pounds of low-en- dent of Iraq asked our CENTCOM to do American residual forces to maintain riched uranium. There is now a fear drone strikes and take out the Islamic the peace. that materials that could be used to State. Al Maliki said, ‘‘I will approve I want to give credit tonight, Mr. form a nuclear bomb are items on the the airstrikes. I will get behind you.’’ Speaker, to the American heroes, the wish list and the shopping list of the He was told ‘‘no.’’ American soldiers who won the peace Islamic State. We need to do every- The problem, you see, wasn’t al- and defeated the enemy in Iraq—yes, thing that we can to prevent them Maliki in the spring. The problem is they did—and in Afghanistan. In order from achieving their goal of putting to- that the President and his team de- to maintain the peace, we needed to gether the elements for a nuclear weap- cided not to help when we had ample maintain a strong American presence, on. opportunities. A meeting was held very just like today we have in South We also need to be aware that Paki- early on on how to defeat al Qaeda Korea. I was in South Korea in August. stan is also in a vulnerable position. both in Pakistan and Afghanistan. It We maintain an American presence. There are reports that Pakistan may was written about by a weekly news Why? Because there is an aggressor in have upwards of 200 nuclear weapons. magazine author who had the ability to North Korea. We have our force on lo- Pakistan is a Sunni state. The Islamic be in that meeting. And in that early cation so that we can let the aggressor State led by Baghdadi is also a Sunni meeting of the Obama administration, know, if you try something, we are Islamic jihadist enterprise. If they a meeting both with Pakistan and Af- here, and you won’t succeed. And that choose to make a deal with Pakistan ghanistan on how to defeat al Qaeda, has worked very well in South Korea. for nuclear material or a nuclear weap- they didn’t discuss in that meeting— That has worked very well in Western on, that would change the dynamic and it was very telling—they didn’t Europe. overnight. And that is why it is imper- discuss a strategy to actually defeat al Unfortunately, President Obama ative that another Islamic state, Iran, Qaeda. What they did is take along our didn’t learn the lessons of history, and a Shia Islamic state, never, ever, ever agriculture secretary, Tom Vilsack, he made the ill-timed decision to pull obtain a nuclear weapon. Because if

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.094 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7355 Iran obtains a nuclear weapon, they He was involved in al Qaeda leader- to anyone’s religion—because in the have stated unequivocally they will use ship for decades. He was literally num- United States you have freedom of reli- that nuclear weapon to wipe Israel off ber three in al Qaeda of Iraq, the first gion, you can believe what you want to the map. They will also use that weap- franchise. He was an associate of Bin believe, but you can’t take, as your on, they have stated, against the Laden. He has a doctorate degree. He basis and your justification, religious United States to defeat the United was born in Samarra, Iraq. He under- belief to go and kill other people or States of America. stands Iraq. He understands that it is hurt other people—that, you can’t do. You see, nuclear weapons matter, Mr. his destiny, from his opinion, to fulfill It is important again that our FBI, Speaker, and they must never, ever go the reestablishment of the caliphate, our law enforcement mechanism, un- into the hands in any way of com- and he has no interest in waiting. He is derstands the motivation of who the mitted Islamic jihadist terrorists. Iran on the march. enemies are and why they are doing is a terror State. It is a United States- He made a statement in January of what they are doing. That is why it is designated terror state. There are only this year that I read previously, but it so dangerous for the FBI not to train four in the world. Iran is one of them. is one that bears repeating, and he said our agents in what the motivation is of Now we have the Islamic State. The this to the United States. He said, Islamic jihad. Islamic State headed by Baghdadi also ‘‘Soon we will be in direct confronta- Well, you see, we witnessed the Is- seeks destruction, and they mean it. tion with you, United States, so watch lamic jihad, we witnessed them also We have seen it, and we have to take it out for us, for we are with you, watch- taking hostages. I mentioned 49 Turk- seriously. That is why we must engage ing.’’ ish hostages have been taken. They them and not allow them to succeed That is why we need to understand have taken hostages of the British, the because the Islamic State now has that we very likely have Islamic jihad French, Germans, United States hos- weapons from the United States equal terrorists here in the United States tages, including the two journalists to weapons that we have in our Army. today. We know that there are those that we had mentioned that they trag- They have weapons from the Russian who went to join ISIS who have re- ically took. Government, and they also have Ira- turned to the United States. They are This is age-old. This has been a part nian weapons, as well—sophisticated terrorists. of what has happened in Islamic jihad weapons and individuals with the We need to call them for who they through the millennia with ransoms knowledge and ability to be able to use are. They aren’t engaged in workplace and piracy and taking hostages for those weapons. violence, as our former head of Home- money. They also control borders that land Security erroneously said. They The demand was made of the United weren’t in the control of jihadists be- are terrorists. They are murderers. States that we would pay $132 million fore. Just recently, they gained control They live to kill innocent human for the release of James Foley. It is cu- of a border at the Golan Heights on beings. rious that that demand was made al- Israel’s border. This is approximately They do it because they believe that most immediately after President 200 yards from Israel in a demilitariza- they are pleasing their God when they Obama illegally and unfortunately ne- tion area. Nonetheless, they took do. According to their belief, not mine, gotiated with terrorists to release the United Nations workers hostage just as not what I am saying, what they say, alleged deserter Bergdahl in exchange the Islamic State took 49 Turks hos- they believe that if they are a martyr, for five Taliban. tage out of the Turkish Embassy in if they die in the way of jihad, that is The five top leaders of the Taliban, northern Iraq. their only one sure way to go to heav- the five top strategists, the five top en. That is what they say in their be- leaders of the Taliban, the enemy that 1930 b lief. we are fighting in Afghanistan, the They have taken checkpoints on the We need to understand who the President of the United States nego- Jordan border with Iraq. The Islamic enemy is. We need to understand the tiated with terrorists so that we would State has taken over. They have vir- enemy’s motivation, not what we wish release from detention in Guantanamo tually erased the border with Syria. the enemy thinks, not what we hope Bay the five top strategists of the ter- They have taken over checkpoints in the enemy thinks. We need to under- rorists that we are fighting in Afghani- Lebanon, also in Turkey and also in stand what the enemy—the terrorists— stan. He released those five top terror- the Kurdistan region, so they control actually say about themselves and say ists in exchange for the alleged de- territory in a way that they never have about their beliefs and say about what serter Bergdahl. before. their goals are because, you see, Sun Now, that was a first. The United They have some of the most sophisti- Tzu wrote in his book ‘‘The Art of States hadn’t done that before. We cated recruitment materials in the War,’’ there are two rules to win in a have had a policy of we don’t negotiate world today through Facebook, conflict. for hostages, and that has served us through Twitter. They know exactly One is you need to know yourself, very well because the world under- what the message is and who they need you need to know who you are, you stood—the thugs and the animals and to target to join them in the Islamic need to know what your attributes are, the savages and barbarians of the world jihad. what your strengths, what your weak- understood you are not going to get Unfortunately, in my home State of nesses are as an army, as a nation, as anywhere with the United States, they Minnesota, we know all too well how an individual, but you also need to are not going to pay for hostages, they successful the Islamic State has been know who your enemy is. are not going to give up prisoners in in drawing in literally thousands from That is why it was so concerning exchange. It is not going to happen. Western Europe to join them in jihad, when the FBI decided—not only the It is a way of life with other coun- but also Americans as well. They are FBI, but other agencies of our govern- tries, not with the United States of the cool kid on the block, if you will. ment, the CIA included, but in par- America, not until May of 2014 when That is where young people want to go, ticular, I am familiar with the FBI— President Obama, in my opinion, trag- and that is who they are attracted to. when the FBI agreed that they would ically made the decision that he would As I said earlier, the leader of the Is- purge the training manuals of FBI negotiate with terrorists in order to re- lamic State is a man named Baghdadi, agents, and they purged the manuals of gain the alleged deserter Bowe a man who was released from American materials on Islam, and the materials Bergdahl. detention by President Obama in 2009, that they purged were quotes from the Almost immediately, we saw the de- who went on to reconstitute this hor- Koran—why did they do that? Why in mand by the terrorists for money for rific Islamic jihad called the Islamic the world would our FBI not want its James Foley. We did not comply, and State. He is in his early forties. He is agents to understand the motivation of he was beheaded. Then the demand in the prime of life. He believes this is terrorists? came for the United States to release his moment. He has declared himself This isn’t about being mean to Mus- Lady al Qaeda in exchange for Steve the head, the caliph, of the new state, lims, this isn’t about being mean to Sotloff, and we didn’t comply. That is the caliphate. anybody’s religion or being insensitive why we are looking forward to what

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.095 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7356 CONGRESSIONAL RECORD — HOUSE September 9, 2014 the President of the United States has available to do that kind of work, the mediate responses, we should be ade- to say tomorrow. We have to defeat money was transferred from those pro- quately funding both. this enemy, the Islamic State. grams into the firefighting. I join my colleagues here tonight to I yield back the balance of my time. Now, this is an ongoing problem. My call on the Speaker to bring this truly f colleague from California, SCOTT bipartisan bill to a vote immediately PETERS, has addressed this problem so that fire-prone regions like the two REDUCING THE RISK OF FIRES IN with a motion to bring to the floor leg- we are dealing with in California— OUR NATIONAL FORESTS islation that would set up a new mech- mine in San Diego—don’t suffer from The SPEAKER pro tempore (Mr. anism for appropriating funds for fight- Washington’s dysfunction. MULLIN). Under the Speaker’s an- ing fires. I will let him discuss that and Ladies and gentlemen, we started nounced policy of January 3, 2013, the why he has this before us. this fire season this year in May. We gentleman from California (Mr. Mr. PETERS, if you would join us. are used to having fire seasons. It is GARAMENDI) is recognized for 60 min- Mr. PETERS of California. Thank natural to have fire seasons in Sep- utes as the designee of the minority you, Congressman GARAMENDI, for tember or October, but the fact that we leader. helping to raise awareness about the started in May just underscores what Mr. GARAMENDI. Mr. Speaker, I pressing need to change the way the we are up against. We do not want to think we just heard a 1-hour audition Federal Government deals with funding leave for our October election activi- for FOX News, but we did not hear a so- wildfire response and prevention. ties without having dealt with that and lution to what is a very real problem. As you well know, the devastating ef- exposing these communities to risk. We didn’t hear a call for a vote, which fect of wildfires in 2003 and 2007—we I thank my colleague, Mr. we are going to have to take if we are had massive, massive loss of property GARAMENDI, for helping to raise aware- to carry out our constitutional obliga- and dislocations in Scripps Ranch, ness about this. Thank you for your tions, and that is going to be before us. Tierrasanta, Rancho Bernardo, and continued commitment and leadership I don’t want to carry on the discus- Poway. on the issue. We look forward to bring- sion about the very serious problem of Right now, as I am speaking—and ing it home. ISIL or ISIS. We have heard a lot of you mentioned this as well—fire- Mr. GARAMENDI. Thank you, Mr. that already. We will have to come to fighters in Yosemite National Park PETERS, for your leadership in bringing grips with that by October 6 or 7, when continue to battle a wildfire that has to the attention of the entire Nation, the 60-day clock on the War Powers burned more than 2,600 acres and re- and certainly to the 435 Members of Act runs out and our constitutional ob- quired 120 firefighters and 11 aircraft to this House, that there is a way to man- ligation takes place. combat. age our forests and to deal with the There are many, many problems fac- It is no secret, in addition, that Cali- fires that have plagued us so exten- ing this Nation, and certainly, the fornia is facing a prolonged drought sively over these many years. international scene is one of them, but that places us at increased risk for I think all of us have seen this be- there is also a problem in our commu- wildfires. So we are in the midst of fore. It is Smokey the Bear. ‘‘Only you nities. I represent a large portion of what is expected to be one of the long- can prevent forest fires.’’ We need to California, the national forests on the est and hardest wildfire seasons in re- add to it, ‘‘But Congress can help.’’ And Sierra side and the national forests on cent memory, certainly in any of our Smokey turns to us and says: How can the coastal side of the Sacramento Val- memories. you help? Well, we can help by chang- ley. A lot of that is in the U.S. Forest Wildfires are extremely expensive for ing the way in which we budget for the Service, as well as in the Bureau of States and localities to fight. There is fighting of fires. Instead of a rolling 10- Land Management. an urgent need for Congress to pass a year average and putting that money Over the last several years, those two solution that funds firefighting with- up every year and in 9 of the last 12 agencies have been struggling to put out stealing from prevention, which is years blowing through that budget and out the fires that have raged in the a crazy thing to do. I think we all ac- then reaching back and taking the for- Western United States and, indeed, in knowledge that. est management funds that would the Southeast of the United States. Earlier this summer, as you men- allow us to reduce the risk of fires in The way in which we have set up the tioned, I led the discharge petition our forests and in your public lands, in- budgeting and the appropriation for with 196 signers to demand a vote on stead of doing that, we would have a fighting fires has created an ongoing the Wildfire Disaster Funding Act of different system, as Mr. PETERS just cycle of increasing the likelihood of 2014. That bill has real bipartisan sup- described. It is H.R. 3992. new fires. port in both the House and the Sen- H.R. 3992 is a bipartisan bill, Demo- We need to change that. We need to ate—71 Democrats and 60 Republicans crats and Republicans. Democrat Mr. get ahead of the century of fire repres- have cosponsored in the House—and SCHRADER from Oregon and Republican sion and put in place policies and pro- that is very unusual around here. It Mr. SIMPSON from Idaho, the authors of grams that will reduce the risks of was also included by the President in the bill, say there is a better way of fires. We need to manage our forests in his budget request. doing it. Set aside a special reserve, such a way that the fire risk is re- So you have both parties in the just like we do for tornadoes, earth- duced, the forests are thinned, trees ap- House and the President of the United quakes, hurricanes, floods; a special re- propriately harvested, the undergrowth States all on the same page on this serve that could be tapped when we ex- reduced and eliminated, firebreaks put issue. It seems like an area where we ceed the average and blow through that in place, and protect our communities ought be able to make some progress, 10-year average with a megafire or a se- by the proper management of the for- and we ought to have a vote. ries of fires. est, reducing the fuel, reducing the The bill allows firefighting agencies We expect more than 38,000 fires this load of fuel that these forests have. to access funds from the natural dis- year in the United States. We are going We have been unable to do that, prin- aster contingency fund while fighting to blow through that budget. Just this cipally because we have seen an enor- catastrophic fires, not take money last month in August, the chief for- mous increase in the number of fires, from prevention because, of course, ester of the U.S. Forest Service sent a and the Federal budget to fight these what that does is it makes the fol- letter out to every part of the U.S. For- fires is a 10-year rolling average that lowing year’s fires even more severe est Service saying: Hold on. No more has not been able to keep up with the and even more costly and dangerous. contracts. Save the money. We are increase each year in the megafires, going to need to transfer some of your California most recently facing the rim b 1945 maintenance money. Your fire preven- fire in the Yosemite area. So it is fiscally responsible to treat tion money, the money that you are That fire gobbled up not only the for- wildfires like the natural disasters that using to thin the forests to reduce the est, but gobbled up the money that was they are, like an earthquake, flood, or fuel load, the money that you are using set aside to prevent fires to manage the hurricane. Instead of stealing funds to carry out logging practices, hold forest. Instead of having that fund from prevention efforts to pay for im- that. We are going to need to hold that

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.096 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7357 because we anticipate once again blow- a better way of dealing with this budg- pleted by each authorizing committee with ing through that fire budget and hav- eting for fires. the ‘‘section 302(a)’’ allocations filed on Jan- ing to reach back for the prevention So our plea tonight is simple. Just uary 27, 2014 for fiscal year 2014 and the allocations filed on April 29, 2014 for fiscal years budget. for a few moments, like 121⁄2 minutes So Smokey is right. We can prevent thus far, it is to allow us to take up 2015 and the 10-year period 2015 through 2024 as required by the Bipartisan Budget Act of forest fires if Congress acts on H.R. H.R. 3992 and help Smokey prevent for- 2013. For fiscal year 2014, ‘‘action’’ refers to 3992. A discharge petition that Mr. est fires. We only need a few more legislation enacted after the adoption of the PETERS has brought to the floor is be- Members of this House to sign on. More levels set forth on January 27, 2014. For fiscal fore us. It has 196 Members of Congress than 50 members of the Republican years 2015 and the 10-year period 2015–2024, that have signed on. When we get to Party are already coauthors, but none ‘‘action’’ refers to legislation enacted after 218, that bill will automatically be have yet signed the discharge petition. the adoption of the levels set forth on April brought to the floor for a vote. So let’s do it. Let’s get on with it. 29, 2014. Democrats and Republicans already Mr. Speaker, I yield back the balance This comparison is needed to enforce sec- support it, so bring it to the floor for a of my time. tion 302(f) of the Budget Act, which creates a point of order against measures that would vote. Let us put in place a sensible, f breach the section 302(a) allocation of new commonsense way of appropriating PUBLICATION OF BUDGETARY budget authority for the committee that re- money to fight fires and to manage our MATERIAL ported the measure. It is also needed to im- forests. Let’s get ahead of next year’s plement section 311(b), which exempts com- fire. Let’s get to prevention not just by STATUS REPORT ON CURRENT SPENDING LEVELS mittees that comply with their allocations OF ON-BUDGET SPENDING AND REVENUES FOR not throwing out cigarettes and leav- from the point of order under section 311(a). FY 2014, FY 2015, AND THE 10-YEAR PERIOD FY Tables 3 and 4 compare the current status ing campfires unattended, but by mak- 2015 THROUGH FY 2024 ing sure that our forests are healthy so of discretionary appropriations for fiscal HOUSE OF REPRESENTATIVES, that they are able to sustain small year 2014 and 2015 with the ‘‘section 302(b)’’ COMMITTEE ON THE BUDGET, sub-allocations of discretionary budget au- fires that burn slowly along the floor of Washington, DC, September 9, 2014. thority and outlays among Appropriations the forest, which is the natural ecologi- Hon. JOHN A. BOEHNER, subcommittees. The comparison is needed to cal way in which forests have for a mil- Speaker, House of Representatives, enforce section 302(f) of the Budget Act be- lennium been able to deal with fire. We Washington, DC. cause the point of order under that section are in a different situation now. We DEAR MR. SPEAKER: To facilitate applica- equally applies to measures that would tion of sections 302 and 311 of the Congres- have allowed the forests to grow and to breach the applicable section 302(b) sub-allo- sional Budget Act, I am transmitting an up- cation. The table also provides supple- be in a position where a fire becomes dated status report on the current levels of huge. It is no longer along the floor but mentary information on spending in excess on-budget spending and revenues for fiscal of the base discretionary spending caps al- gets up into the crown of the trees and years 2014, 2015, and for the 10-year period of lowed under section 251(b) of the Budget Con- destroys the forests. fiscal year 2015 through fiscal year 2024. The trol Act. report is current through September 8, 2014. So we can get back to where we were Tables 5 and 6 give the current level for fis- The term ‘‘current level’’ refers to the by properly managing the forests, but cal year 2015 and 2016, respectively, of ac- amounts of spending and revenues estimated we can’t do it without money. The For- counts identified for advance appropriations for each fiscal year based on laws enacted or under section 601 of H. Con. Res. 25. This list est Service needs to have that money. awaiting the President’s signature. The Bureau of Land Management and Table 1 in the report compares the current is needed to enforce section 601 of the budget the National Parks all need to have a levels of total budget authority, outlays, and resolution, which creates a point of order different way of appropriating and revenues for fiscal years 2014, 2015, and the against appropriation bills that contain advance appropriations that are: (i) not identi- budgeting. And that is what this bill 10-year period of fiscal year 2015 through 2024 to the overall limits filed in the Congres- fied in the statement of managers or (ii) does. would cause the aggregate amount of such By the way, it doesn’t cost any more. sional Record on January 27, 2014 for fiscal year 2014 and on April 29, 2014 for fiscal years appropriations to exceed the level specified It simply rearranges how that money is 2015 and 2015–2024 as required by the Bipar- in the resolution. going to be spent. That reserve fund tisan Budget Act of 2013. This comparison is In addition, letters from the Congressional would only be available when you have needed to implement section 311(a) of the Budget Office are attached that summarize the megafires and you blow through Budget Act, which creates a point of order and compare the budget impact of enacted the 10-year rolling average of how against measures that would breach the legislation that occurred after adoption of much we spend on fighting fires. budget resolution’s aggregate levels. The the budget resolution against the budget res- It is sensible. It makes a lot of sense. table does not show budget authority and olution aggregates in force. If you have any questions, please contact The administration wants it, and, outlays for years after fiscal year 2015 because appropriations for those years have Paul Restuccia at (202) 226–7270. therefore, I suppose my Republican col- not yet been considered. Sincerely, leagues are opposed to it simply be- Table 2 compares the current levels of PAUL RYAN, cause the administration has proposed budget authority and outlays for action com- Chairman. TABLE 1—REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE BUDGET, STATUS OF THE FISCAL YEAR 2014 AND 2015 CONGRESSIONAL BUDGET AS PROVIDED FOR BY THE BIPARTISAN BUDGET ACT OF 2013, REFLECTING ACTION COMPLETED AS OF SEPT. 8, 2014 [On-budget amounts, in millions of dollars]

Fiscal Year Fiscal Year Fiscal Years 2014 1 2015 2 2015–2024

Appropriate Level: Budget Authority ...... 2,924,837 3,031,744 n.a. Outlays ...... 2,937,044 3,026,384 n.a. Revenues ...... 2,311,026 2,533,388 31,202,135 Current Level: Budget Authority ...... 2,943,953 2,014,209 n.a. Outlays ...... 2,955,423 2,430,133 n.a. Revenues ...... 2,311,761 2,535,984 31,206,435 Current Level over ( +) / under (¥) Appropriate Level: Budget Authority ...... +19,116 ¥1,017,535 *n.a. Outlays ...... +18,379 ¥596,251 n.a. Revenues ...... +735 +2,596 +4,300

n.a. = Not applicable because annual appropriations Acts for fiscal years 2016 through 2024 will not be considered until future sessions of Congress. 1 Section 111(b) of the Bipartisan Budget Act of 2013 required the Chairman of the Committee on the Budget in the House of Representatives to file aggregate budgetary levels for fiscal year 2014 for purposes of enforcing section 311 of the Congressional Budget Act of 1974. The spending and revenue aggregates for fiscal year 2014 were subsequently filed on January 27, 2014. The current level for this report begins with the budgetary levels filed on January 27, 2014 and makes adjustments to those levels for enacted legislation. 2 Section 115(b) of the Bipartisan Budget Act of 2013 required the Chairman of the Committee on the Budget in the House of Representatives to file aggregate budgetary levels for fiscal year 2015 and for fiscal years 2015–2024 for purposes of enforcing section 311 of the Congressional Budget Act of 1974. The spending and revenue aggregates for fiscal year 2015 were subsequently filed on April 29, 2014. The current level for this report begins with the budgetary levels filed on April 28, 2014 and makes adjustments to those levels for enacted legislation.

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2014 2015 2015–2024 House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 0 0 Current Level ...... +3,243 +2,124 +1 +1 +11 +11 Difference ...... +3,243 +2,124 +1 +1 +11 +11 Armed Services: Allocation ...... 0 0 0 0 0 0 Current Level ...... +4 +4 0 0 0 0 Difference ...... +4 +4 0 0 0 0 Education and the Workforce: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Energy and Commerce: Allocation ...... 0 0 0 0 0 0 Current Level ...... +6,159 +6,157 +2 +2 +24 +24 Difference ...... +6,159 +6,157 +2 +2 +24 +24 Financial Services: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Foreign Affairs Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 House Administration: Allocation ...... 0 0 0 0 0 0 Current Level ...... ¥34 0 0 0 0 0 Difference ...... ¥34 0 0 0 0 0 Judiciary: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Natural Resources: Allocation ...... 0 0 0 0 0 0 Current Level ...... ¥1 ¥1 0 ¥2 0 0 Difference ...... ¥1 ¥1 0 ¥2 0 0 Oversight and Government Reform: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Science, Space and Technology: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Transportation and infrastructure: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Ways and Means Allocation ...... 0 0 0 0 0 0 Current Level ...... +9,745 +9,745 +2 ¥13 ¥3,511 ¥4,746 Difference ...... +9.745 +9,745 +2 ¥13 ¥3,511 ¥4,746

TABLE 3—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2014—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF SEPT 8, 2014 [Figures in Millions] 1

302(b) 302(b) for Current Status Current Status General Purpose GWOT Allocations 1 GWOT 1 General Purpose GWOT less 302(b) less 302(b) BA OT BA OT BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... n.a. n.a. n.a. n.a. 20,880 22,092 0 0 n.a. n.a. n.a. n.a. Commerce, Justice, Science ...... n.a. n.a. n.a. n.a. 51,600 60,756 0 0 n.a. n.a. n.a. n.a. Defense ...... n.a. n.a. n.a. n.a. 486,851 528,707 85,191 43,140 n.a. n.a. n.a. n.a. Energy and Water Development...... n.a. n.a. n.a. n.a. 34,060 39,652 0 0 n.a. n.a. n.a. n.a. Financial Services and General Government ...... n.a. n.a. n.a. n.a. 21,851 23,054 0 0 n.a. n.a. n.a. n.a. Homeland Security...... n.a. n.a. n.a. n.a. 39,270 46,045 227 182 n.a. n.a. n.a. n.a. Interior, Environment...... n.a. n.a. n.a. n.a. 30,058 32,154 0 0 n.a. n.a. n.a. n.a. Labor, Health and Human Services, Education ...... n.a. n.a. n.a. n.a. 156,773 159,953 0 0 n.a. n.a. n.a. n.a. Legislative Branch...... n.a. n.a. n.a. n.a. 4,258 4,192 0 0 n.a. n.a. n.a. n.a. Military Construction and Veterans Affairs ...... n.a. n.a. n.a. n.a. 73,299 76,278 0 0 n.a. n.a. n.a. n.a. State, Foreign Operations ...... n.a. n.a. n.a. n.a. 42,481 45,818 6,520 1,885 n.a. n.a. n.a. n.a. Transportation, HUD...... n.a. n.a. n.a. n.a. 50,856 116,465 0 0 n.a. n.a. n.a. n.a. Full Committee Allowance...... n.a. n.a. n.a. n.a. 0 0 0 0 n.a. n.a. n.a. n.a. Total ...... n.a. n.a. n.a. n.a. 1,012,237 1,155,166 91,938 45,207 n.a. n.a. n.a. n.a. General Purpose GWOT Comparison of Total Appropriations and 302(a) allocation 2 BA OT BA OT

302(a) Allocation ...... 1,012,237 1,154,816 91,938 45,207 Total Appropriations ...... 1,012,237 1,155,166 91,938 45,207 Total Appropriations vs. 302(a) Allocation ...... 0 +350 0 0 Memorandum Amounts Emergency Disaster Program Assumed in 302(b) 1 Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... n.a. n.a. 0 0 0 0 0 0

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Memorandum Amounts Emergency Disaster Program Assumed in 302(b) 1 Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT

Commerce, Justice, Science ...... n.a. n.a. 0 0 0 0 0 0 Defense ...... n.a. n.a. 225 150 0 0 0 0 Energy and Water Development ...... n.a. n.a. 0 0 0 0 0 0 Financial Services and General Government ...... n.a. n.a. 0 0 0 0 0 0 Homeland Security ...... n.a. n.a. 0 0 5,626 281 0 0 Interior, Environment ...... n.a. n.a. 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... n.a. n.a. 0 0 0 0 924 832 Legislative Branch ...... n.a. n.a. 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... n.a. n.a. 0 0 0 0 0 0 State, Foreign Operations ...... n.a. n.a. 0 0 0 0 0 0 Transportation, HUD ...... n.a. n.a. 0 0 0 0 0 0

Totals ...... n.a. n.a. 225 150 5,626 281 924 832 1 The original 302(a) allocation to the Committee on Appropriations contained In H.Rpt. 113–17 for the Concurrent Resolution on the Budget-Fiscal Year 2014 (H.Con.Res. 25) was revised on January 14, 2014, consistent with section 101 of the Bipartisan Budget Act of 2013. The House Committee on Appropriations did not file revised 302(b) allocations after the final 302(a) allocation was provided—hence there are no valid 302(b)’s in force for fiscal year 2014. 2 Spending designated as emergency is not included in the current status of appropriations shown above.

TABLE 4—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2015—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(A) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(B) SUB ALLOCATIONS AS OF SEPT. 8, 2014 [Figures In Millions] 1

302(b) 302(b) for Current Status Current Status General Purpose GWOT Allocations GWOT General Purpose 1 GWOT less 302(b) less 302(b) BA OT BA OT BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA...... 20,880 21,716 0 0 20,880 21,716 0 0 0 0 0 0 Commerce, Justice, Science...... 51,200 61,518 0 0 51,200 61,518 0 0 0 0 0 0 Defense ...... 490,944 522,774 79,445 36,839 490,908 522,751 79,445 36,839 ¥36 ¥23 0 0 Energy and Water Development ...... 34,010 37,831 0 0 33,991 37,811 0 0 ¥19 ¥20 0 0 Financial Services and General Government ...... 21,285 22,750 0 0 20,133 21,593 0 0 ¥1,152 ¥1,157 0 0 Homeland Security...... 45,658 44,712 0 0 45,658 44,712 0 0 0 0 0 0 Interior, Environment ...... 30,220 30,191 0 0 30,220 32,740 0 0 0 ¥F2549 0 0 Labor, Health and Human Services, Education ...... 155,702 159,922 0 0 24,691 115,210 0 0 ¥131,011 ¥44,712 0 0 Legislative Branch...... 4,258 4,219 0 0 3,323 3,491 0 0 ¥935 ¥728 0 0 Military Construction and Veterans Affairs ...... 71,499 76,100 0 0 71,499 76,100 0 0 0 0 0 0 State, Foreign Operations ...... 42,381 42,319 5,912 3,142 42,381 43,897 5,912 1,275 0 +1,578 0 ¥1,867 Transportation, HUD...... 52,029 118,732 0 0 52,029 118,678 0 0 0 ¥54 0 0 Full Committee Allowance...... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a.

Total ...... 1,020,066 1,142,784 85,357 39,981 886,913 1,100,217 85,357 38,114 ¥133,153 ¥42,567 0 ¥1,867

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Memorandum Amounts Emergency Disaster Program Assumed in 302(b) Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 0 0 0 0 0 0 0 0 Commerce, Justice, Science ...... 0 0 0 0 0 0 0 0 Defense ...... 0 0 0 75 0 0 0 0 Energy and Water Development ...... 0 0 0 0 0 0 0 0 Financial Services and General Government ...... 0 0 0 0 0 0 0 0 Homeland Security ...... 6,438 322 0 0 6,438 322 0 0 Interior, Environment ...... 0 0 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... 0 0 0 0 0 0 0 0 Legislative Branch ...... 0 0 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... 0 0 0 0 0 0 0 0 State, Foreign Operations ...... 0 0 0 0 0 0 0 0 Transportation, HUD ...... 0 0 0 0 0 0 0 0 Totals ...... 6,438 322 0 75 6,438 322 0 0 1 Spending designated as emergency is not included in the current status of appropriations shown in this table. TABLE 5—CURRENT LEVEL OF 2015 ADVANCE APPRO- TABLE 6—CURRENT LEVEL OF 2016 ADVANCE APPRO- the fiscal year 2014 budget and is current PRIATIONS PURSUANT TO H. CON. RES. 25 AS OF SEP- PRIATIONS PURSUANT TO SECTION 115(c) OF THE BI- through September 8, 2014. This report is TEMBER 8, 2014 PARTISAN BUDGET ACT OF 2013 AS OF SEPTEMBER 8, submitted under section 308(b) and in aid of [Budget Authority in Millions] 2014 section 311 of the Congressional Budget Act, [Budget Authority] as amended. Section 601(d)(1) Limits 2,015 The estimates of budget authority, out- Section 601(d)(1) Limits 2,016 Appropriate Level ...... 55,634 lays, and revenues are consistent with the Enacted Advances: Appropriate Level ...... 58,662,202,000 technical and economic assumptions of H. Accounts Identified for Advances: Enacted Advances: Con. Res. 25, the Concurrent Resolution on Department of Veterans Affairs: Accounts Identified for Advances: Medical Services ...... 45,016 Department of Veterans Affairs the Budget for Fiscal Year 2014, as approved Medical Services ...... 0 Medical Support and Compliance ...... 5,880 Medical Support and Compliance ...... 0 by the House of Representatives and subse- Medical Facilities ...... 4,739 Medical Facilities ...... 0 quently revised. Subtotal, enacted advances 1 ...... 55,635 Subtotal, enacted advances 1 ...... 0 Enacted Advances vs. Section 601(d)(1) Limit ...... +1 Enacted Advances vs. Section 601(d)(1) Limit ...... ¥58,662,202,000 Since my last letter dated June 17, 2014, the Congress has cleared and the President Section 601(d)(2) Limits 2015 Section 601(d)(2) Limits 2016 has signed the following acts that affect Appropriate Level ...... 28,781,000,000 Appropriate Level ...... 28,852 Enacted Advances: budget authority, outlays, or revenues for Enacted Advances: Accounts Identified for Advances: fiscal year 2014: Accounts Identified for Advances: Employment and Training Administration ..... 0 Payment to Postal Service ...... 71 Education for the Disadvantaged ...... 0 An act to amend certain definitions con- Employment and Training Administration ...... 1,772 School Improvement Programs ...... 0 tained in the Provo River Project Transfer Education for the Disadvantaged ...... 10,841 Special Education ...... 0 Career, Technical and Adult Education ...... 0 Act for purposes of clarifying certain prop- School Improvement Programs ...... 1,681 Tenant-based Rental Assistance ...... 0 Special Education ...... 9,283 Project-based Rental Assistance ...... 0 erty descriptions, and for other purposes. Career, Technical and Adult Education ...... 791 Subtotal, enacted advances 1 ...... 0 (Public Law 113–129); Tenant-based Rental Assistance ...... 4,000 Enacted Advances vs. Section 601(d)(2) Limit ...... ¥28,781,000,000 Project-based Rental Assistance ...... 400 Previously Enacted Advance Appropriations 2 ...... 2,016 Emergency Supplemental Appropriations Subtotal, enacted advances 1 ...... 28,839 Resolution, 2014 (Public Law 113–145); ¥ Corporation for Public Broadcasting ...... 445,000,000 Enacted Advances vs. Section 601(d)(2) Limit ...... 13 Total, enacted advances 1 ...... 445,000,000 Previously Enacted Advance Appropriations 2 2,015 Veterans’ Access to Care through Choice, 1 Line items may not add to total due to rounding. Accountability, and Transparency Act of Corporation for Public Broadcasting ...... 445 2 Funds were appropriated in Public Law 113–76. Total, enacted advances 1 ...... 84,919 2014 (Public Law 113–146); and U.S. CONGRESS, Highway and Transportation Funding Act 1 Line items may not add to total due to rounding. 2 Funds were appropriated in Public Law 113–6. CONGRESSIONAL BUDGET OFFICE, of 2014 (Public Law 113–159). Washington, DC, September 9, 2014. Sincerely, Hon. PAUL RYAN, DOUGLAS W. ELMENDORF, Chairman, Committee on the Budget, House of Director. Representatives, Washington, DC. Enclosure. DEAR MR. CHAIRMAN: The enclosed report shows the effects of Congressional action on FISCAL YEAR 2014 HOUSE CURRENT LEVEL REPORT THROUGH SEPTEMBER 8, 2014 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: a Revenues ...... n.a. n.a. 2,310,972 Permanents and other spending legislation b ...... 1,849,079 1,778,854 n.a. Appropriation legislation ...... 0 504,662 n.a. Offsetting receipts ...... ¥707,692 ¥707,792 n.a. Total, Previously enacted ...... 1,141,387 1,575,724 2,310,972 Enacted Legislation: c Authorizing Legislation: Bipartisan Student Loan Certainty Act of 2013 (P.L. 113–28) ...... 14,400 12,670 0 Department of Veterans Affairs Expiring Authorities Act of 2013 (P.L. 113–37) ...... ¥1 ¥1 0 Helium Stewardship Act of 2013 (P.L. 113–40) ...... ¥16 ¥58 0 An act to extend the period during which Iraqis who were employed by the United States Government in Iraq may be granted special immigrant status and to temporarily increase the fee or surcharge for processing machine-readable nonimmigrant visas (P.L. 113–42) ...... 2 2 5 National Defense Authorization Act for Fiscal Year 2014 (P.L. 113–66) ...... 66 68 0 Bipartisan Budget Act of 2013/Pathway for SGR Reform Act of 2013 (P.L. 113–67) ...... ¥3,207 985 49 Agricultural Act of 2014 (P.L. 113–79) ...... 3,243 2,124 5 Protecting Access to Medicare Act of 2014 (P.L. 113–93) ...... 6,143 6,141 0 Gabriella Miller Kids First Research Act (P.L. 113–94) ...... ¥34 0 0 Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97) ...... 0 0 5 An act to amend . . . the Provo River Project Transfer Act... and for other purposes (P.L. 113–129) ...... ¥1 ¥1 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 9,765 9,765 725 Total, Authorizing Legislation ...... 30,360 31,695 789 Appropriations Legislation: Continuing Appropriations Act, 2014 (P.L. 113–46) d ...... 635 635 0 Consolidated Appropriations Act, 2014 (P.L. 113–76) ...... 1,869,637 1,421,565 0 Support for Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (P.L. 113–95) ...... 0 350 0 Total, Appropriations Legislation ...... 1,870,272 1,422,550 0

Total, Enacted Legislation ...... 1,900,632 1,454,245 789 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥98,066 ¥74,546 0

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Budget authority Outlays Revenues

Total Current Level e ...... 2,943,953 2,955,423 2,311,761 Total House Resolution f ...... 2,924,837 2,937,044 2,311,026 Current Level Over House Resolution ...... 19,116 18,379 735 Current Level Under House Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2014–2023: House Current Level ...... n.a. n.a. 31,104,656 House Resolution g ...... n a n.a. 31,095,742 Current Level Over House Resolution ...... n.a. n.a. 8,914 Current Level Under House Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during last session, but before adoption of the Concurrent Resolution on the Budget for Fiscal Year 2014 (H. Con. Res. 25): an act to temporarily increase the borrowing authority of the FEMA for carrying out the National Flood Insurance Program (P.L. 113–1), the Disaster Relief Appropriations Act, 2013 (P.L. 113–2), the Pandemic and All-Hazards Prepared- ness Reauthorization Act of 2013 (P.L. 113–5), the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113–6), and the Reducing Flight Delays Act of 2013 (P.L. 113–9). b Relative to the House Current Level Report dated October 24, 2013, House Current Level has increased by $361 million in 2014 because of assumptions related to the interest on the public debt that were revised pursuant to the Bi- partisan Budget Act of 2013 (P.L. 113–67). c Pursuant to section 3I4(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2014, which are not included in the current level totals, are as follows: Budget authority Outlays Revenues Continuing Appropriations Act, 2014 (Sec. 155) ...... 0 50 0 Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 225 150 0 Veterans’ Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113–146) ...... 15,000 450 0 Total, amounts designated as emergency requirements ...... 15,225 650 0 d Sections 135 and 136 of the Continuing Appropriations Act, 2014 (P.L. 113–46) provide $636 million for fire suppression activities, available until expended. Section 146 of the Act freezes the pay of Members of Congress, which is estimated to result in a reduction in spending of $1 million in 2014. e For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. f Periodically, the House Committee on the Budget revises the totals in H. Con. Res. 25, pursuant to various provisions of the resolution: Budget authority Outlays Revenues Original House Resolution ...... 2,769,406 2,815,079 2,270,932 Revisions: Pursuant to section 603 of H. Con. Res. 25 ...... ¥14,089 ¥4,100 40,040 Adjustment for Disaster Designated Spending ...... 6,079 230 0 Adjustment for Technical Correction to the Budget Control Act Spending Caps ...... 549 308 0 Pursuant to section III of the Bipartisan Budget Act ...... 162,892 125,527 54 Revised House Resolution ...... 2,924,837 2,937,044 2,311,026 g Periodically, the House Committee on the Budget revises the 2014–2023 revenue totals in H. Con. Res. 25, pursuant to various provisions of the resolution. The total shown in the table reflects those revisions.

U.S. CONGRESS, The estimates of budget authority, out- Emergency Supplemental Appropriations CONGRESSIONAL BUDGET OFFICE, lays, and revenues are consistent with the Resolution, 2014 (Public Law 113–145); Washington, DC, September 9, 2014. allocations, aggregates, and other budgetary Veterans’ Access to Care through Choice, Hon. PAUL RYAN, levels printed in the Congressional Record on Accountability, and Transparency Act of Chairman, Committee on the Budget, House of April 29, 2014, pursuant to section 115 of the 2014 (Public Law 113–146); Representatives, Washington, DC. Bipartisan Budget Act (Public Law 113–67). Highway and Transportation Funding Act DEAR MR. CHAIRMAN: The enclosed report Since my last letter dated June 17, 2014, of 2014 (Public Law 113–159); and shows the effects of Congressional action on the Congress has cleared and the President Emergency Afghan Allies Extension Act of the fiscal year 2015 budget and is current has signed the following acts that affect 2014 (Public Law 113–160). through September 8, 2014. This report is budget authority, outlays, or revenues for Sincerely, submitted under section 308(b) and in aid of fiscal year 2015: DOUGLAS W. ELMENDORF, section 311 of the Congressional Budget Act, Lake Hill Administrative Site Affordable Director. as amended. Housing Act (Public Law 113–141); Enclosure. FISCAL YEAR 2015 HOUSE CURRENT LEVEL REPORT THROUGH SEPTEMBER 8, 2014 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,882,631 1,805,294 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a.

Total, Previously enacted ...... 1,147,436 1,579,074 2,533,388 Enacted Legislation: b Lake Hill Administrative Site Affordable Housing Act (P.L. 113–141) ...... 0 ¥2 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–160) ...... 5 5 6

Total, Enacted Legislation ...... 5 ¥12 2,596 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 866,768 851,071 0 Total Current Level c ...... 2,014,209 2,430,133 2,535,984 Total House Resolution ...... 3,031,744 3,026,384 2,533,388

Current Level Over House Resolution ...... n.a. n.a. 2,596 Current Level Under House Resolution ...... 1,017,535 596,251 n.a. Memorandum: Revenues, 2015–2024: House Current Level ...... n.a. n.a. 31,206,465 House Resolution ...... n.a. n.a 31,202,135

Current Level Over House Resolution ...... n.a. n.a. 4,330 Current Level Under House Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 115 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the Agricultural Act of 2014 (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Miller Kids First Research Act (P.L. 113–94), the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97), and the Emergency Supplemental Appropriations Resolution, 2014 (FL. 113–145). b Pursuant to section 3I4(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2014, which are not included in the current level totals, are as follows:

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Budget authority Outlays Revenues Emergency Supplemental Appropriations Resolution, 2014 ...... 0 75 0 Veterans’ Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113–146) ...... 1,331 6,619 ¥42 Total, amounts designated as emergency requirements ...... ¥1,331 6,694 ¥42 c For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d Periodically, the House Committee on the Budget revises the budgetary levels printed in the Congressional Record on April, 29, 2014 pursuant to section 115 of the Bipartisan Budget Act (Public Law 113–67): Budget authority Outlays Revenues Original House Resolution ...... 3,025,306 3,025,032 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 6,438 322 0 Pursuant to section 115(e) of the Bipartisan Budget Act of 2013 ...... 0 1,030 0 Revised House Resolution ...... 3,031,744 3,026,384 2,533,388

ADJOURNMENT FROM THE BOARD OF DIRECTORS OF THE OF- covered facilities and report to Congress on FICE OF COMPLIANCE: NOTICE OF PROPOSED compliance with disability access standards Mr. GARAMENDI. Mr. Speaker, I RULEMAKING (‘‘NPRM’’), AND REQUEST FOR under section 210. 2 U.S.C. § 1331(f). move that the House do now adjourn. COMMENTS FROM INTERESTED PARTIES. Section 210(e) of the CAA requires the REGULATIONS EXTENDING RIGHTS AND PROTEC- Board of Directors of the Office of Compli- The motion was agreed to; accord- TIONS UNDER THE AMERICANS WITH DISABIL- ance (‘‘the Board’’) established under the ingly (at 7 o’clock and 52 minutes ITIES ACT (‘‘ADA’’) RELATING TO PUBLIC SERV- CAA to issue regulations implementing the section. 2 U.S.C. § 1331(e). Section 210(e) fur- p.m.), under its previous order, the ICES AND ACCOMMODATIONS, NOTICE OF PRO- ther states that such regulations ‘‘shall be POSED RULEMAKING, AS REQUIRED BY 2 U.S.C. House adjourned until tomorrow, the same as substantive regulations promul- § 1331, THE CONGRESSIONAL ACCOUNTABILITY Wednesday, September 10, 2014, at 10 gated by the Attorney General and the Sec- ACT OF 1995, AS AMENDED (‘‘CAA’’). a.m. for morning-hour debate. retary of Transportation to implement the Background: statutory provisions referred to in sub- The purpose of this Notice is to propose section (b) except to the extent that the f substantive regulations that will implement Board may determine, for good cause shown Section 210 of the CAA, which provides that and stated together with the regulation, that NOTICE OF PROPOSED the rights and protections against discrimi- a modification of such regulations would be RULEMAKING nation in the provision of public services and more effective for the implementation of the accommodation under Titles II and III of the rights and protections under this section.’’ U.S. CONGRESS, ADA shall apply to entities covered by the Id. Section 210(e) further provides that the OFFICE OF COMPLIANCE, CAA. regulations shall include a method of identi- Washington, DC, September 9, 2014. What is the authority under the CAA for fying, for purposes of this section and for dif- Hon. JOHN A. BOEHNER, these proposed substantive regulations? ferent categories of violations of subsection Speaker of the House of Representatives, Section 210(b) of the CAA provides that the (b), the entity responsible for correction of a The Capitol, Washington, DC. rights and protections against discrimina- particular violation. 2 U.S.C. § 1331(e). DEAR MR. SPEAKER: Section 210(e) of the tion in the provision of public services and Additional authority for proposing these Congressional Accountability Act (‘‘CAA’’), 2 accommodations established by the provi- regulations is found in CAA Section 304, sions of Titles II and III (sections 201 U.S.C. 1331(e), requires the Board of Direc- which sets forth the procedure to be followed through 230, 302, 303, and 309) of the Ameri- for the rulemaking process in general, in- tors of the Office of Compliance (‘‘the cans With Disabilities Act of 1990, 42 U.S.C. cluding notice and comment; Board consider- Board’’) to issue regulations implementing §§ 12131–12150, 12182, 12183, and 12189 (‘‘ADA’’) ation of comments and adoption of regula- Section 210 of the CAA relating to provisions shall apply to the following entities: tions; transmittal to the Speaker and Presi- of Titles II and III of the Americans with (1) each office of the Senate, including dent Pro Tempore for publication in the Con- Disabilities Act (‘‘ADA’’), 42 U.S.C. §§ 12131– each office of a Senator and each committee; gressional Record; and approval by the Con- 12150, 12182, 12183 and 12198, made applicable (2) each office of the House of Representa- gress. to the legislative branch by the CAA. 2 tives, including each office of a Member of Are there ADA public access regulations al- U.S.C. §§ 1331(b)(1). the House of Representatives and each com- ready in force under the CAA? mittee; Yes. The CAA was enacted on January 23, Section 304(b)(1) of the CAA, 2 U.S.C. (3) each joint committee of the Congress; 1995. It applied to the legislative branch of 1384(b)(1), requires that the Board issue a (4) the Office of Congressional Accessi- the federal government the protections of 12 general notice of proposed rulemaking by bility Services; (now 13) statutes that previously had applied transmitting ‘‘such notice to the Speaker of (5) the Capitol Police; to the executive branch and/or the private the House of Representatives and the Presi- (6) the Congressional Budget Office; sector, including laws providing for family (7) the Office of the Architect of the Cap- and medical leave, prohibiting discrimina- dent pro tempore of the Senate for publica- itol (including the Botanic Garden); tion in the Congressional Record on the first tion against eligible veterans, and affording (8) the Office of the Attending Physician; labor-management rights and responsibil- day on which both Houses are in session fol- and ities, among others. The CAA established the lowing such transmittal.’’ (9) the Office of Compliance. Office of Compliance as an independent agen- On behalf of the Board, I am hereby trans- 2 U.S.C. 1331(b). cy to administer and enforce the CAA. The mitting the attached notice of proposed rule- Title II of the ADA generally prohibits dis- OOC administers an administrative dispute making to the Speaker of the House of Rep- crimination on the basis of disability in the resolution system to resolve certain disputes resentatives. I request that this notice be provision of services, programs, or activities arising under the Act. The General Counsel published in the House section of the Con- by any ‘‘public entity’’. Section 210(b)(2) of of the OOC has independent investigatory the CAA defines the term ’’public entity’’ for and enforcement authority for other viola- gressional Record on the first day on which Title II purposes as any entity listed above tions of the Act, including certain portions both Houses are in session following receipt that provides public services, programs, or of the ADA, 42 U.S.C. §§ 12131–12150, 12182, of this transmittal. In compliance with Sec- activities. 2 U.S.C. § 1331(b)(2). 12183, & 12189. tion 304(b)(2) of the CAA, a comment period Title III of the ADA generally prohibits As set forth in the previous answer, the of 30 days after the publication of this notice discrimination on the basis of disability by CAA requires the Board to issue regulations of proposed rulemaking is being provided be- public accommodations and requires places implementing the statutory protections pro- fore adoption of the rules. of public accommodation and commercial fa- vided by the CAA. See, e.g., CAA Sections cilities to be designed, constructed, and al- 202(d) (Family and Medical Leave Act of All inquiries regarding this notice should tered in compliance with accessibility stand- 1993), 206(c) (Veterans’ Employment and Re- be addressed to Barbara J. Sapin, Executive ards. Section 225(f) of the CAA provides that, employment), 212 (d) (Federal Service Labor Director of the Office of Compliance, Room ‘‘[e]xcept where inconsistent with definitions Management Relations Act). 2 U.S.C. sec- LA–200, 110 2nd Street, S.E., Washington, DC and exemptions provided in this Act, the tions 1312(d), 1316(c), 1351(d). The Board’s reg- 20540; (202) 724–9250. definitions and exemptions of the [ADA] ulations ‘‘shall be the same as substantive Sincerely, shall apply under this Act.’’ 2 U.S.C. regulations promulgated by the Attorney BARBARA L. CAMENS, § 1361(f)(1). General and Secretary of Transportation . . . Chair of the Board of Directors, Section 210(f) of the CAA requires that the except insofar as the Board may determine, Office of Compliance. General Counsel of the Office of Compliance for good cause shown and stated together on a regular basis, and at least once each with the regulation, that a modification of Congress, conduct periodic inspections of all such regulations would be more effective for

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.057 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7364 CONGRESSIONAL RECORD — HOUSE September 9, 2014 the implementation of the rights and protec- to the extent that the Board may determine implement Title III of the ADA (sections 301 tions under this section.’’ 2 U.S.C. § 1331(e)(2). that a modification would be more effective through 309). See 28 CFR § 36.101 (Purpose). The CAA does not simply apply to the leg- in implementing ADA public access protec- Section 210(b) only applies the rights and islative branch the substantive protections tions. CAA section 210(e)(2). These proposed protections of three sections of Title III with of these laws, and direct that the imple- regulations will clarify that covered entities respect to public accommodations: prohibi- menting regulations essentially mirror those must comply with the ADA public access tions against discrimination (section 302), of the executive branch. The statute further provisions applied to public entities and ac- provisions regarding new construction and provides that, while the CAA rulemaking commodations to implement Titles II and III alterations (section 303), and provisions re- procedure is underway, the corresponding ex- of the ADA. Congressional approval and garding examinations and courses (section ecutive branch regulations are to be applied. Board issuance of ADA public access under 309). Therefore, only those regulations in Section 411 of the Act provides: the CAA will also eliminate any question as Part 36 that are reasonably necessary to im- ‘‘Effect of failure to issue regulations. to the ADA public access protections that plement the statutory provisions of sections In any proceeding under section 1405, 1406, are applicable in the legislative branch. 302, 303, and 309 will be adopted by the Board 1407, or 1408 of this title . . . if the Board has The Board adopted proposed regulations under section 210(e) of the CAA. not issued a regulation on a matter for and presented them to the House of Rep- 3. DOT’s regulations at Parts 37 and 38 of which this chapter requires a regulation to resentatives and the Senate in 1996. The reg- Title 49 of the CFR: The DOT’s regulations be issued, the hearing officer, Board, or ulations were published on January 7, 1997, at Parts 37 and 38 implement the transpor- court, as the case may be, shall apply, to the during the 105th Congress. 142 Cong. Rec. tation provisions of Title II and Title III of extent necessary and appropriate, the most S10984–11018 and 143 Cong. Rec. S30–66. No the ADA. See 49 CFR §§ 37.101 (Purpose) and relevant substantive executive agency regu- Congressional action was taken and there- 38.1 (Purpose). The provisions of Title II and lation promulgated to implement the statu- fore the regulations were not issued. The Title III of the ADA relating to transpor- tory provision at issue in the proceeding.’’ Board adopted the present proposal, with up- tation and applied to covered entities by sec- This statutory scheme makes plain that dated proposed regulations, to facilitate tion 210(b) of the CAA are subtitle B of Title ADA public access regulations are presently Congressional consideration of the ADA reg- II (sections 221 through 230) and certain por- in force. First, regulations virtually iden- ulations. tions of section 302 of Title III. Thus, those tical to these were adopted by the Board, Which ADA public access regulations are regulations of the Secretary that are reason- presented to the House of Representatives applied to covered entities in 2 U.S.C. ably necessary to implement the statutory and the Senate on September 19, 1996, and § 1331(e)? provisions of sections 221 through 230, 302, published on January 7, 1997. 142 Cong. Rec. Section 210(e) of the CAA requires the and 303 of the ADA will be adopted by the S10984–11018 and 143 Cong. Rec. S30–66. No ac- Board to issue regulations that are ‘‘the Board under section 210(e) of the CAA. tion was taken and thus the regulations were same as substantive regulations promulgated The Board proposes not to adopt those reg- not issued. As set forth above, in these cir- by the Attorney General and the Secretary ulatory provisions of the regulations of the cumstances the CAA applies ‘‘the most rel- of Transportation to implement the statu- DOJ or DOT that have no conceivable appli- evant substantive executive agency regulatory provisions . . . except to the extent that cability to operations of entities within the tions,’’ i.e., the Departments of Justice the Board may determine, for good cause Legislative Branch or are unlikely to be in- (‘‘DOJ’’) and Department of Transportation shown and stated together with the regula- voked. See 141 Cong. Rec. at S17604 (daily ed. (‘‘DOT’’) ADA public access regulations. 2 tion, that a modification of such regulations Nov. 28, 1995) (NPRM implementing section U.S.C § 1411. would be more effective for the implementa- 203 regulations). Unless public comments A contrary interpretation would render tion of the rights and protections under this demonstrate otherwise, the Board intends to meaningless several sections of the CAA. For section.’’ 2 U.S.C. § 1331(e). include in the adopted regulations a provi- Consistent with its prior decisions on this example, Congress directed the AOC and sion stating that the Board has issued sub- issue, the Board has determined that all reg- other employing offices to conduct an initial stantive regulations on all matters for which ulations promulgated after a notice and com- study of legislative branch facilities from section 210(e) requires a regulation. See sec- ment by the DOJ and/or the DOT to imple- January 23, 1995 through December 31, 1996, tion 411 of the CAA, 2 U.S.C. § 1411. ment the provisions of Title II and Title III ‘‘to identify any violations of subsection (b) In addition, the Board has proposed to of the ADA applied by section 210(b) of the of [section 210], to determine the costs of make technical changes in definitions and CAA are ‘‘substantive regulations’’ within compliance, and to take any necessary cor- nomenclature so that the regulations com- the meaning of section 210(e). See, e.g., 142 rective action to abate any violations.’’ 2 port with the CAA and the organizational Cong. Rec. S5070, S5071–72 (daily ed. May 15, U.S.C. section 1331(f)(3). Congress instructed structure of the Office of Compliance. In the 1996) (NPRM implementing section 220(d) the OOC to assist the employing offices by Board’s judgment, making such changes sat- regulations); 141 Cong. Rec. S17605 (daily ed. ‘‘arranging for inspections and other tech- isfies the CAA’s ‘‘good cause’’ requirement. Nov. 28, 1995) (NPRM implementing section nical assistance at their request.’’ Id. The With the exception of these technical and no- 203 regulations). CAA was enacted on January 23, 1995. No im- See also Reves v. Ernst & Young, 494 U.S. 56, menclature changes and additional proposed plementing regulations could have taken ef- 64 (1993) (where same phrase or term is used regulations relating to the investigation and fect as of that date. Plainly, Congress in- in two different places in the same statute, inspection authority granted to the General tended the employing offices and the OOC to it is reasonable for court to give each use a Counsel under the CAA, the Board does not look to the DOJ and DOT ADA public access similar construction); Sorenson v. Secretary of propose substantial departure from other- regulations, with which the CAA explicitly the Treasury, 475 U.S. 851, 860 (1986) (normal wise applicable regulations. required employing offices to comply, when rule of statutory construction assumes that The Board notes that the General Counsel conducting the initial study and abatement identical words in different parts of the same applied the above-referenced standards of actions. act are intended to have the same meaning). Parts 35 and 36 of the DOJ’s regulations and Other sections of the CAA support this In this regard, the Board has reviewed the Parts 37 and 38 of the DOT’s regulations dur- reading. For example, the CAA requires the provisions of section 210 of the CAA, the sec- ing the past inspections of Legislative Board to exclude from labor relations regulations of the ADA applied by that section, and Branch facilities pursuant to section 210(f) of tions employees of Member offices, Senate the regulations of the DOJ and DOT, to de- the CAA. In contrast to other sections of the and House Legislative Counsel, the Congres- termine whether and to what extent those CAA, which generally give the Office of Com- sional Budget Office and several other em- regulations are substantive regulations pliance only adjudicatory and regulatory re- ploying offices if the Board finds a conflict of which implement the provisions of Title II sponsibilities, the General Counsel has the interest or appearance thereof. 2 U.S.C. and Title III of the ADA applied by section authority to investigate and prosecute al- § 1351(e)(1)(B). Where, as here, a statute ex- 210(b) of the CAA. As explained more fully leged violations of disability standards under plicitly provides for certain regulatory ex- below, the Board proposes to adopt the fol- section 210, as well as the responsibility for emptions, it would be illogical to interpret lowing otherwise applicable regulations of inspecting covered facilities to ensure com- language that expressly provides for regu- the DOJ published at Parts 35 and 36 of Title pliance. According to the General Counsel’s latory compliance to mean anything else. 28 of the Code of Federal Regulations final inspection reports, the Title II and When Congress intended to exempt employ- (‘‘CFR’’) and those of the DOT published at Title III regulations encompass the following ing offices from regulations, the CAA did so Parts 37 and 38 of Title 49 of the CFR: requirements: explicitly. 1. DOJ’s regulations at Part 35 of Title 28 1. Program accessibility: This standard is Why are these regulations being proposed of the CFR: The DOJ’s regulations at Part 35 applied to ensure physical access to public at this time? implement subtitle A of Title II of the ADA programs, services, or activities. Under this As set forth in the previous answer, the (sections 201 through 205), the rights and pro- standard, covered entities must modify poli- CAA requires employing offices to comply tections of which are applied to covered enti- cies, practices, and procedures to ensure an with ADA public access regulations issued by ties under section 210(b) of the CAA. See 28 equal opportunity for individuals with dis- the DOJ and DOT pursuant to the ADA. The CFR § 35.101 (Purpose). Therefore, the Board abilities. If policy and procedural modifica- CAA also requires the Board to issue its own determines that these regulations will be tions are ineffective, then structural modi- regulations implementing the ADA public adopted in the proposed regulations under fications may be required. access provisions of the CAA. The statute ob- section 210(e). 2. Effective communication: This standard ligates the Board’s regulations to be the 2. DOJ’s regulations at Part 36 of Title 28 requires covered entities to make sure that same as the DOJ and DOT regulations except of the CFR: The DOJ’s regulations at Part 36 their communications with individuals with

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.058 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7365 disabilities (such as in the context of con- this subchapter.’’ 2 U.S.C. § 1361(e). When As required by Section 304(b)(1) of the stituent meetings and committee hearings) taken together, these sections of the CAA CAA, 2 U.S.C. § 1384(b)(1), the substance of are as effective as their communications make it clear that the exclusive method for these regulations is also recommended by with others. Covered entities are required to obtaining relief for employment discrimina- the Executive Director, the Deputy Execu- make information available in alternate for- tion because of disability is under section tive Director for the Senate and the Deputy mats such as large print, Braille, or audio 201, which involves using the counseling and Executive Director for the House of Rep- tape, or use methods that provide individuals mediation procedures contained in sections resentatives. with disabilities the opportunity to effec- 402 and 403 of the CAA. For these reasons, Has the Board of Directors previously pro- tively communicate, such as sign language the Board has found good cause not to incor- posed substantive regulations implementing interpreters or the use of pen and paper. Pri- porate the DOJ Title II regulation relating the ADA public access provisions pursuant to mary consideration must be given to the to employment discrimination, 28 C.F.R. 2 U.S.C. § 1331? method preferred by the individual. § 35.140, into these regulations. Yes. Proposed regulations were previously 3. ADA Standards for Accessible Design: 3. In Parts 2 and 3 of these regulations, the adopted by the Board and presented to the These standards are applied to architectural Board has proposed regulations relating to House of Representatives and the Senate on barriers, including structural barriers to the two unique statutory duties imposed by September 19, 1996. The regulations were communication, such as telephone booths, to the CAA upon the General Counsel of the Of- published on January 7, 1997. 142 Cong. Rec. ensure that existing facilities, new construc- fice of Compliance that are not imposed S10984–11018 and 143 Cong. Rec. S30–66. No tion, and new alterations, are accessible to upon the DOJ and DOT: (1) the investigation Congressional action was taken on these reg- individuals with disabilities. and prosecution of charges of discrimination ulations. The Board recognizes that, as with other using the Office’s mediation and hearing What is the approach taken by these pro- obligations under the CAA, covered entities processes (section 210(d) of the CAA) and (2) posed substantive regulations? will need information and guidance regard- the biennial inspection and reporting obliga- The Board will follow the procedure as ing compliance with these ADA standards as tions (section 210(f) of the CAA). Parts 2 and enumerated above and as required by stat- adopted in these proposed regulations, which 3 of these regulations were not contained in ute. The Board will review any comments re- the Office will provide as part of its edu- the regulations proposed in 1997; however, ceived under step (2) of the outline above, cation and information activities. the Board has determined that there is good and respond to the comments and make any How do these regulations differ from those cause to propose these regulations to fully changes necessary to ensure that the regula- proposed by the Board on January 7, 1997? implement section 210 of the CAA. See, 2 tions fully implement section 210 of the CAA These regulations are very similar to those U.S.C. § 1331(e)(1). In formulating the sub- and reflect the practices and policies par- proposed by the Board in 1997; however, there stance of these regulations, the Board has di- ticular to the legislative branch. are three significant differences: 1. These regulations have been updated to rected the Office’s statutory employees to What responsibilities would covered enti- incorporate the changes made in the DOJ consult with stakeholders and has considered ties have in effectively implementing these and DOT regulations since 1997. One of the their comments and suggestions. regulations? The CAA charges covered entities with the most significant changes made by the DOJ The Board has also reviewed the biennial responsibility to comply with these regula- occurred on September 15, 2010 when the DOJ ADA reports from the General Counsel and tions. CAA § 210, 2 U.S.C. § 1331. published regulations adopting the 2010 considered what the General Counsel has Standards for Accessible Design (‘‘2010 learned since 1995 while investigating Are there substantive differences in the Standards’’). The 2010 Standards became charges of discrimination and conducting proposed regulations for the House of Rep- fully effective on March 15, 2012 and replaced and reporting upon ADA inspections. Of par- resentatives, the Senate, and the other em- the 1991 Standards for Accessible Design ticular note is the regulation proposed as ploying offices? No. The Board of Directors has identified (‘‘1991 Standards’’) that were referenced in § 3.103(d) which addresses concerns raised by no ‘‘good cause’’ for proposing different regu- the regulations proposed by the Board in oversight and appropriations staff over find- lations for these entities and accordingly has 1997. These regulations incorporate by ref- ing a cost-efficient process that would allow not done so. 2 U.S.C. § 1331(e)(2). erence the pertinent DOJ and DOT regula- better identification and elimination of po- Are these proposed substantive regulations tions that are in effect as of the date of the tential ADA compliance issues during the available to persons with disabilities in an al- publication of this notice, which means that pre-construction phases of new construction ternate format? the 2010 Standards will be applied. The Board and alteration projects. This Notice of Proposed Regulations is has also changed the format of the incor- Procedural Summary: available on the OOC’s web site, porated regulations. Rather than reprinting How are substantive regulations proposed www.compliance.gov, which is compliant each of the regulations with minor changes and approved under the CAA? with Section 508 of the Rehabilitation Act of to reflect different nomenclature used in the Pursuant to Section 304 of the CAA, 2 1973 as amended, 29 U.S.C. § 794d. This Notice CAA (i.e., changing references to ‘‘Assistant U.S.C. § 1384, the procedure for proposing and can also be made available in large print or Attorney General,’’ ‘‘Department of Jus- approving such substantive regulations pro- Braille. Requests for this Notice in an alter- tice,’’ ‘‘FTA Administrator,’’ ‘‘FTA regional vides that: native format should be made to: Annie office,’’ ‘‘Administrator,’’ and ‘‘Secretary’’ (1) the Board of Directors propose sub- Leftwood, Executive Assistant, Office of to ‘‘General Counsel’’), these regulations stantive regulations and publish a general Compliance, 110 2nd Street, S.E., Room LA– contain a definitional section in § 1.105(a) notice of proposed rulemaking in the Con- 200, Washington, D.C. 20540; 202–724–9250; which make these changes and incorporates gressional Record; TDD: 202–426–1912; FAX: 202–426–1913. the DOJ and DOT regulations by reference. (2) there be a comment period of at least 30 2. Unlike the Board in 1997, the current days after the date of publication of the gen- 30 Day Comment Period Regarding the Proposed Board has decided not to propose adoption of eral notice of proposed rulemaking; Regulations the DOJ Title II regulation relating to em- (3) after consideration of comments by the How long do I have to submit comments re- ployment discrimination, 28 C.F.R. § 35.140. Board of Directors, the Board adopt regula- garding the proposed regulations? The Board notes that since 1997 most courts tions and transmit notice of such action (to- Comments regarding the proposed regula- considering this issue have decided that em- gether with the regulations and a rec- tions of the OOC set forth in this Notice are ployees of public entities must use the proce- ommendation regarding the method for Con- invited for a period of thirty (30) days fol- dures in Title I of the ADA to pursue em- gressional approval of the regulations) to the lowing the date of the appearance of this No- ployment discrimination claims and that Speaker of the House and President [P]ro tice in the Congressional Record. these claims cannot be pursued under Title [T]empore of the Senate for publication in How do I submit comments? II. See, e.g., Brumfield v. City of Chicago, 735 the Congressional Record; Comments must be made in writing to the F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex rel. (4) there be committee referral and action Executive Director, Office of Compliance, 110 Bd. of Regents of the Univ. of Okla., 693 F.3d on the proposed regulations by resolution in Second Street, S.E., Room LA–200, Wash- 1303 (10th Cir. 2012); Zimmerman v. Or. Dep’t of each House, concurrent resolution, or by ington, D.C. 20540–1999. Those wishing to re- Justice, 170 F.3d 1169 (9th Cir. 1999). The prohi- joint resolution; and ceive confirmation of the receipt of their bition against employment discrimination (5) final publication of the approved regu- comments are requested to provide a self-ad- because of disability in Title I of the ADA is lations in the Congressional Record, with an dressed, stamped post card with their sub- incorporated into section 201(a)(3) of the effective date prescribed in the final publica- mission. It is requested, but not required, CAA. 2 U.S.C. § 1311(a)(3). Under section 210(c) tion. that an electronic version of any comments of the CAA, ‘‘with respect to any claim of For more detail, please reference the text be provided either on an accompanying com- employment discrimination asserted by any of 2 U.S.C. § 1384. This Notice of Proposed puter disk or e-mailed to the OOC via its web covered employee, the exclusive remedy Rulemaking is step (1) of the outline set site. Comments may also be submitted by shall be under section 1311 of this title.’’ 2 forth above. facsimile to the Executive Director at 202– U.S.C. § 1331(c). Similarly, under section Are these proposed regulations also rec- 426–1913 (a non-toll-free number). 225(e) of the CAA, ‘‘[o]nly a covered entity ommended by the Office of Compliance’s Ex- Am I allowed to view copies of comments who has undertaken and completed the pro- ecutive Director, the Deputy Executive Direc- submitted by others? cedures in sections 1402 and 1403 of this title tor for the Senate, and the Deputy Executive Yes. Copies of submitted comments will be may be granted a remedy under part A of Director for the House of Representatives? available for review on the Office’s web site

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.059 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7366 CONGRESSIONAL RECORD — HOUSE September 9, 2014 at www.compliance.gov, and at the Office of Dates: Comments are due within 30 days lows consideration of relevant statutes, con- Compliance, 110 Second Street, S.E., Wash- after the date of publication of this Notice in tracts, orders, and other enforceable ar- ington, D.C. 20540–1999, on Monday through the Congressional Record. rangements or relationships to allocate re- Friday (non-Federal holidays) between the Supplementary Information: sponsibility. The term ‘‘enforceable arrange- hours of 9:30 a.m. and 4:30 p.m. ment’’ is used intentionally since certain in- The regulations set forth below (Parts 1, 2, demnification and contribution contracts al- Summary: and 3) are the substantive regulations that locating liability under the ADA have been The Congressional Accountability Act of the Board of Directors of the Office of Com- found to be unenforceable. See, e.g., Equal 1995, PL 104–1, was enacted into law on Janu- pliance are proposing pursuant to section Rights Center v. Archstone-Smith Trust, 602 ary 23, 1995. The CAA, as amended, applies 210(e) of the CAA. Part 1 contains the gen- F.3d 597 (4th Cir. 2010, cert denied, 131 S. Ct. the rights and protections of thirteen federal eral provisions applicable to all regulations 504 (2010). Although the concepts of ‘‘owner- labor and employment statutes to covered under section 210, the method of identifying ship’’ or ‘‘leasing’’ do not appear to apply to employees and employing offices within the entities responsible for correcting a viola- Legislative Branch facilities on Capitol Hill, legislative branch of the federal government. tion of section 210, and the list of executive the Architect of the Capitol does have statu- Section 210 of the CAA applies that the branch regulations incorporated by reference tory superintendence responsibility for cer- rights and protections against discrimina- which define and clarify the prohibition tain legislative branch buildings and facili- tion in the provision of public services and against discrimination on the basis of dis- ties, including the Capitol Building, which accommodations established by of Titles II ability in the provision of public services and includes duties and responsibilities analo- and III (sections 201 through 230, 302, 303, and accommodations. Part 2 contains the provi- gous to those of a ‘‘landlord’’. See 40 U.S.C. 309) of the Americans With Disabilities Act sions pertaining to investigation and pros- §§ 163–166 (Capitol Building), 167–175 and 185a of 1990, 42 U.S.C. § 12131–12150, 12182, 12183, and ecution of charges of discrimination. Part 3 (House and Senate office buildings), 193a 12189 (‘‘ADA’’) shall apply to Legislative contains the provisions regarding the peri- (Capitol grounds), 216b (Botanical Garden) Branch entities covered by the CAA. The odic inspections and reports to Congress on and 2 U.S.C. § 141(a)(1) (Library of Congress above provisions of section 210 became effec- compliance with the disability access stand- buildings). The Board believes that, where tive on January 1, 1997. 2 U.S.C. § 1331(h). ards. These three parts correspond to the two or more entities may have compliance The Board of Directors of the Office of three general duties imposed upon the Office obligations under section 210(b) as ‘‘respon- Compliance is now publishing proposed regu- of Compliance by section 210 which are as sible entities’’ under the proposed regula- lations to implement Section 210 of the Con- follows: tions, those entities should have the ability gressional Accountability Act of 1995 1. Under section 210(e) of the CAA, the to allocate responsibility by agreement simi- (‘‘CAA’’), 2 U.S.C. § 1301–1438, as applied to Board of Directors of the Office of Compli- lar to the case of landlords and tenants with covered entities of the House of Representa- ance must promulgate substantive regula- respect to public accommodations under tives, the Senate, and certain Congressional tions which implement the rights and pro- Title III of the ADA. Thus, the proposed reg- instrumentalities listed below. tections provided by section 210. 2 U.S.C. ulations adopt such provisions modeled after In addition to inviting comment in this § 1331(e)(1). section 36.201(b) of the DOJ regulations. Notice, the Board, through the statutory ap- 2. Under Section 210(d) of the CAA, the However, by promulgating this provision, pointees of the Office, sought consultation General Counsel of the Office of Compliance the Board does not intend any substantive with the stakeholders regarding the develop- must receive and investigate charges of dis- change in the statutory responsibility of en- ment of these regulations. The Board also crimination alleging violations of the rights tities under section 210(b) or the applicable notes that the General Counsel of the Office and protections provided by Titles II and III substantive rights and protections of the of Compliance has completed inspections of of the ADA, may request mediation of such ADA applied thereunder. See 142 Cong. Rec. covered facilities for compliance with discharges upon believing that a violation may at S270 (final rule under section 205 of the ability access standards under section 210 of have occurred, and, if mediation has not suc- CAA substitutes the term ‘‘privatization’’ the CAA during each Congress since the CAA ceeded in resolving the dispute, may file a for ‘‘sale of business’’ in the Secretary of La- was enacted and has submitted reports to complaint and prosecute the complaint bor’s regulations under the Worker Adjust- Congress after each of these inspections. through the Office of Compliance’s hearing ment Retraining and Notification Act). Based on information gleaned from these and review process 2 U.S.C. § 1331(d). § 1.105 Regulations incorporated by ref- consultations and the experience gained 3. Under section 210(f) of the CAA, the Gen- erence. As explained above, consistent with from the General Counsel’s inspections, the eral Counsel of the Office of Compliance on a its prior decisions on this issue, the Board Board is publishing these proposed regula- regular basis, and at least once each Con- has determined that all regulations promul- tions, pursuant to section 210(e) of the CAA, gress, must conduct periodic inspections of gated after a notice and comment by the 2 § 1331(e). all covered facilities and report to Congress DOJ and/or the DOT to implement the provi- The purpose of these regulations is to im- on compliance with disability access stand- sions of Title II and Title III of the ADA ap- plement section 210 of the CAA. In this No- ards under section 210. 2 U.S.C. § 1331(f). plied by section 210(b) of the CAA are ‘‘sub- tice of Proposed Rulemaking (‘‘NPRM’’ or Regulations proposed in Part 1. stantive regulations’’ within the meaning of ‘‘Notice’’) the Board proposes that virtually § 1.101 Purpose and scope. This section ref- section 210(e). See, e.g., 142 Cong. Rec. S5070, identical regulations be adopted for the Sen- erences and cites the sections of Title II and S5071–72 (daily ed. May 15, 1996) (NPRM im- ate, the House of Representatives, and the III of the ADA incorporated by reference into plementing section 220(d) regulations); 141 seven Congressional instrumentalities. Ac- the CAA, follows the statutory language of Cong. Rec. S17605 (daily ed. Nov. 28, 1995) cordingly: the CAA to identify the covered entities and (NPRM implementing section 203 regula- (1) Senate. It is proposed that regulations the statutory duties of the General Counsel tions). In this regard, the Board has reviewed as described in this Notice be included in the of the Office of Compliance and describes the provisions of section 210 of the CAA, the body of regulations that shall apply to enti- how the regulations are organized. sections of the ADA applied by that section, ties within the Senate, and this proposal re- § 1.102 Definitions. This section describes and the regulations of the DOJ and DOT, to garding the Senate entities is recommended the abbreviations that are used throughout determine whether and to what extent those by the Office of Compliance’s Deputy Execu- the regulations. regulations are substantive regulations tive Director for the Senate. § 1.103 Authority of the Board. This section which implement the provisions of Title II (2) House of Representatives. It is further describes the authority of the Board of Di- and Title III of the ADA applied by section proposed that regulations as described in rectors of the Office of Compliance to issue 210(b) of the CAA. this Notice be included in the body of regula- regulations under section 210 of the CAA and In section 1.105(a)(1), the Board has modi- tions that shall apply to entities within the the intended effect of the technical and no- fied the nomenclature used in the incor- House of Representatives, and this proposal menclature changes made to the regulations porated regulations to comport with the regarding the House of Representatives enti- promulgated by the Attorney General and CAA and the organizational structure of the ties is recommended by the Office of Compli- Secretary of Transportation. Office of Compliance. In the Board’s judg- ance’s Deputy Executive Director for the § 1.104 Method for identifying the entity re- ment, making such changes satisfies the House of Representatives. sponsible for correcting violations of section CAA’s ‘‘good cause’’ requirement. With the (3) Certain Congressional instrumental- 210. The regulation in this section is re- exception of these technical and nomen- ities. It is further proposed that regulations quired by section 210(e)(3) of the CAA. This clature changes and additional proposed reg- as described in this Notice be included in the regulation hues very closely to the DOJ ulations relating to the investigation and in- body of regulations that shall apply to the Title III regulation set forth in 28 C.F.R. spection authority granted to the General Office of Congressional Accessibility Serv- § 36.201 which in turn is based on the statu- Counsel under the CAA, the Board does not ices, the Capitol Police, the Congressional tory language in 42 U.S.C. § 12182(a) (one of propose substantial departure from other- Budget Office, the Office of the Architect of the ADA statutory sections incorporated by wise applicable regulations. The dates ref- the Capitol (including the Botanic Garden), reference in section 210(b) of the CAA). Under erenced in section 1.105(a)(2) reflect that the the Office of the Attending Physician, and section 302 of the ADA, owners, operators, ADA public access provisions of the CAA be- the Office of Compliance; and this proposal lessors and lessees are all jointly and sever- came effective on January 1, 1997 rather than regarding these six Congressional instrumen- ally liable for ADA violations. See, e.g., effective date of the ADA which was January talities is recommended by the Office of Botosan v. McNally Realty, 216 F.3d 827, 832 26, 1992. 2 U.S.C. § 1331(h). The three year pro- Compliance’s Executive Director. (9th Cir. 2000). The proposed regulation al- vision in section 1.105(a)(3) was developed

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.061 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7367 after consultation with the Office of the Ar- 2. As noted above, unlike the Board in 1997, tions restates section 501(c) of the ADA, chitect of the Capitol regarding what would the current Board has decided not to propose which provides that the ADA shall not be be a reasonable time frame for implementing adoption of the DOJ Title II regulation relat- construed to restrict certain insurance prac- these provisions of the regulations. In sev- ing to employment discrimination, 28 C.F.R. tices on the part of insurance companies and eral portions of DOJ and DOT regulations, § 35.140. The Board notes that since 1997 most employers, so long as such practices are not references are made to dates such as the ef- courts considering this issue have decided used to evade the purposes of the ADA. Sec- fective date of the regulations or effective that employees of public entities must use tion 501(c) of the ADA is not incorporated by dates derived from the statutory provisions the procedures in Title I of the ADA to pur- reference into section 210 of the CAA. Be- of the ADA. The Board proposes to sub- sue employment discrimination claims and cause section 36.212 implements a section of stitute dates which correspond to analogous that these claims cannot be pursued under the ADA which is not incorporated into the periods for the purposes of the CAA. In this Title II. See, e.g., Brumfield v. City of Chicago, CAA and appears intended primarily to cover way covered entities under section 210 may 735 F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex insurance companies which are not covered have the same time to come into compliance rel. Bd. of Regents of the Univ. of Okla., 693 entities under the CAA, the Board finds good relative to the effective date of section 210 of F.3d 1303 (10th Cir. 2012); Zimmerman v. Or. cause not to incorporate this regulation. the CAA afforded public entities subject to Dep’t of Justice, 170 F.3d 1169 (9th Cir. 1999). 6. The Board has not incorporated Subpart Title II of the ADA. In the Board’s judgment, The prohibition against employment dis- E of the DOJ’s regulations (sections 36.501 such changes satisfy the CAA’s ‘‘good cause’’ crimination because of disability in Title I of through 36.599) setting forth the enforcement requirement. In section 1.105(a)(4), which was the ADA is incorporated into section procedures under Title III of the ADA. As the also developed based upon consultations with 201(a)(3) of the CAA. 2 U.S.C. § 1311(a)(3). Justice Department noted in its NPRM re- the Office of the Architect of the Capitol Under section 210(c) of the CAA, ‘‘with regarding subpart E, the Department of Jus- (‘‘AOC’’), the Board modified the exception spect to any claim of employment discrimi- tice does not have the authority to establish for ‘‘historic’’ property to include properties, nation asserted by any covered employee, procedures for judicial review and enforce- buildings, or facilities designated as an his- the exclusive remedy shall be under section ment and, therefore, ‘‘Subpart E generally toric or heritage assets by the AOC. This was 1311 of this title.’’ 2 U.S.C. § 1331(c). Simi- restates the statutory procedures for en- necessary because the DOJ regulations limit larly, under section 225(e) of the CAA, forcement’’. 28 CFR pt. 36, App. B at 638 (sec- the definition of historic properties to those ‘‘[o]nly a covered entity who has undertaken tion-by-section analysis). Additionally, the ‘‘listed or eligible for listing in the National and completed the procedures in sections regulations derive from the provisions of sec- Register of Historic Places or properties des- 1402 and 1403 of this title may be granted a tion 308 of the ADA, which is not applied to ignated as historic under State or local law’’ remedy under part A of this subchapter.’’ 2 covered entities under section 210(b) of the 28 C.F.R. § 35.104. While there are certainly U.S.C. § 1361(e). When taken together, these CAA. Thus, the regulations in subpart E are properties on Capitol Hill which have his- sections of the CAA make it clear that the not promulgated by the Attorney General as torically significant features that are wor- exclusive method for obtaining relief for em- substantive regulations to implement the thy of preservation, these properties are not ployment discrimination because of dis- statutory provisions of the ADA referred to eligible for listing on the National Register ability is under section 201, which involves in section 210(b), within the meaning of sec- of Historic Places or considered historic using the counseling and mediation proce- tion 210(e). under State of local law. See, Historic Preser- dures contained in sections 402 and 403 of the 7. The Board has not incorporated Subpart vation Act of 1966, 16 U.S.C. 470g (exempting CAA. For these reasons, the Board has found F of the DOJ’s regulations which establishes the White House and its grounds, the Su- good cause not to incorporate the DOJ Title procedures to implement section preme Court building and its grounds, and II regulation relating to employment dis- 308(b)(1)(A)(ii) of the ADA regarding compli- the United States Capitol and its related crimination, 28 C.F.R. § 35.140, into these reg- ance with State laws or building codes as buildings and grounds from the provisions of ulations. evidence of compliance with accessibility the Historic Preservation Act). 3. The Board has not incorporated Subpart standards under the ADA. 28 CFR pt. 36, App. In section the Board has adopted a 1.105(b), F of the DOJ’s regulations (28 C.F.R. rule of interpretation to cover the few in- B at 640 (section-by-section analysis). Sec- §§ 35.170–35.189), which set forth administra- stances where there are differences between tion 308 is not one of the laws applied to cov- tive enforcement procedures under Title II. regulations implementing Title II and Title ered entities under section 210(b) of the CAA Subpart F implements the provisions of sec- III of the ADA. The CAA is unique in that it and, therefore, these regulations will not be tion 203 of the ADA, which is applied to cov- applies both Title II and Title III provisions adopted under section 210(e). ered entities under section 210 of the CAA. In section the Board has listed the to covered public entities. The public accom- 1.105(d), Although procedural in nature, such provi- specific DOT regulations incorporated into modation provisions of Title III of the ADA sions address the remedies, procedures, and the regulations being issued under section are otherwise only applicable to private entities. See, 42 U.S.C. § 12181(7). This section of rights under section 203 of the ADA, and thus 210 of the CAA. As noted earlier, the Board the regulation reflects the Board’s deter- the otherwise applicable provisions of these has adopted all of the DOT regulations im- mination that Congress applied provisions of regulations are ‘‘substantive regulations’’ plementing Titles II and III of the ADA with both Title II and Title III of the ADA to leg- for section 210(e) purposes. See 142 Cong. Rec. the following exceptions: 1. Although the Board has adopted the defi- islative branch entities to ensure that indi- at S5071–72 (similar analysis under section nitions in section 37.3 of the DOT’s regula- viduals with disabilities are provided the 220(d) of the CAA). However, since section 303 tions, relating to implementation of Part II most access to public services, programs, ac- of the CAA reserves to the Executive Direc- of Title II of the ADA (sections 241 through tivities and accommodations provided by tor the authority to promulgate regulations law. that ‘‘govern the procedures of the Office,’’ 246), those definitions dealing with public In section 1.105(c), the Board has listed the and since the Board believes that the benefit transportation by intercity and commuter specific DOJ regulations incorporated into of having one set of procedural rules provides rail are not adopted because sections 241 the regulations being issued under section the ‘‘good cause’’ for modifying the DOJ’s through 246 of the ADA were not within the 210 of the CAA. As noted earlier, the Board regulations, the Board proposes to incor- rights and protections applied to covered en- has adopted all of the DOJ regulations im- porate the provisions of Subpart F into the tities under section 210(b) and, therefore, the plementing Titles II and III of the ADA with Office’s procedural rules, to omit provisions regulations implementing such sections are the following exceptions: that set forth procedures which conflict with not substantive regulations of the DOT re- 1. The Board is not incorporating the DOJ express provisions of section 210 of the CAA quired to be adopted by the Board within the regulations regarding retaliation or coercion or are already provided for under comparable meaning of section 210(e). Accordingly, the (28 C.F.R. §§ 35.134 & 36.206). Sections 35.134 provisions of the Office s rules, and to omit Board will give no effect to the definitions of and 36.206 of the DOJ’s regulations imple- rules with no applicability to the Legislative terms such as ‘‘commerce,’’ ‘‘commuter au- ment section 503 of the ADA, which prohibits Branch (such as provisions covering entities thority,’’ ‘‘commuter rail car,’’ ‘‘commuter retaliation against any individual who exer- subject to section 504 of the Rehabilitation rail transportation,’’ ‘‘intercity rail pas- cises his or her rights under the ADA. 28 CFR Act, provisions regarding State immunity, senger car,’’ and ‘‘intercity rail transpor- pt. 35, App. A at 464 & pt. 36, App. B at 598 and provisions regarding referral of com- tation,’’ which relate to sections 241 through (section-by-section analysis). Sections 35.134 plaints to the Justice Department). See 142 246 of the ADA. and 36.206 are not provisions which imple- Cong. Rec. at S5071–72 (similar analysis and 2. Although the Board has adopted the ment a right or protection applied to covered conclusion under section 220(d) of the CAA). Nondiscrimination regulation set forth in entities under section 210(b) of the CAA and, 4. The Board has not incorporated Subpart section 37.5 of the DOT’s regulations, sub- therefore, they will not be included within G of the DOJ’s regulations, which designates section (f) of section 37.5 of the this regula- the adopted regulations. The Board notes, the Federal agencies responsible for inves- tion relates to private entities primarily en- however, that section 207 of the CAA pro- tigating complaints under Title II of the gaged in the business of transporting people vides a comprehensive retaliation protection ADA. Given the structure of the CAA, such and whose operations affect commerce. This for employees (including applicants and provisions are not applicable to covered Leg- subsection implements section 304 of the former employees) who may invoke their islative Branch entities and, therefore, will ADA, which is not a right or protection ap- rights under section 210, although section 207 not be adopted under section 210(e). plied to covered entities under section 210(b) does not apply to nonemployees who may 5. The Board has not incorporated the in- of the CAA. See 56 Fed. Reg. 13856, 13858 enjoy rights and protections against dis- surance provisions contained in 28 C.F.R. (April 4, 1991) (preamble to NPRM regarding crimination under section 210. § 36.212. Section 36.212 of the DOJ’s regula- Part 37). Therefore, it is not a regulation of

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.062 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7368 CONGRESSIONAL RECORD — HOUSE September 9, 2014 the DOT included within the scope of rule- ties under the ADA. Therefore, the Board § 2.101 Purpose and scope. This section ref- making under section 210(e) of the CAA and proposes not to include them within its sub- erences and notes that Part 2 of these regu- will not be considered by the Board to be in- stantive regulations under section 210(e) of lations implements section 210(d) of the CAA cluded in these regulations. the CAA. which requires that the General Counsel ac- 3. Several portions of the DOT’s regula- 8. Part 37 of the DOT’s regulations includes cept and investigate charges of discrimina- tions refer to obligations of entities regu- several appendices, only two of which the tion filed by qualified individuals with dis- lated by state agencies administering federal Board proposes to adopt as part of these reg- abilities who allege a violation of Title II or transportation funds. See, e.g., sections ulations. The Board proposes to adopt as an Title III of the ADA by a covered entity. It 37.77(d) (requires filing of equivalent service appendix to these regulations Appendix A also notes that by procedural rule or policy, certificates with state administering agen- (Modifications to Standards for Accessible the General Counsel or the Office may fur- cy), 37.135(f) (submission of paratransit de- Transportation Facilities, ADA Accessibility ther describe how the General Counsel will velopment plan to state administering agen- Guidelines for Buildings and Facilities), exercise the statutory authority provided by cy) and 37.145 (State comments on para- which provides guidance regarding the de- section 210(d) of the CAA. The Board notes transit plans). Any references to obligations sign, construction, and alteration of build- that the Executive Director is proposing not imposed on covered entities, such as ings and facilities covered by Titles II and III amendments to the Office’s Procedural Rules state law requirements and laws regulating of the ADA. 49 CFR pt. 37, App. A. Such that do include provisions relating to section entities that receive Federal financial assist- guidelines, where not inconsistent with ex- 210(d) of the CAA. ance, will be considered excluded from these press provisions of the CAA or of the regula- § 2.102 Definitions. This section provides proposed regulations. tions adopted by the Board, may be relied definitions for the undefined terms used in 4. The Board has not adopted section 37.11 upon by covered entities and other in pro- section 210(d) of the CAA. In § 2.102(a), the of the DOT’s regulations relating to adminis- ceedings under section 210 of the CAA to the term ‘‘charge’’ is defined in a manner con- trative enforcement because it does not im- same extent as similarly situated persons sistent with the Supreme Court’s decision in plement any provision of the ADA applied to may rely upon them in actions brought Fed. Express Corp. v. Holowecki, 552 U.S. 389, covered entities under section 210 of the under Title II and Title III of the ADA. See 402 (2008). In § 2.102(b), the definition of the CAA. Moreover, the enforcement procedures 142 Cong. Rec. at S222 and 141 Cong. Rec. at term ‘‘file a charge’’ clarifies how charges of section 210 are explicitly provided for in S17606 (similar resolution regarding Sec- can be presented to the General Counsel by section 210(d) (‘‘Available Procedures’’). Ac- retary of Labor’s interpretative bulletins listing the methods by which the General cordingly, this section will not be included under the Fair Labor Standards Act for sec- Counsel has accepted charges in the past. In within the incorporated regulations. The tion 203 purposes). The Board proposes not to § 2.102(c), the term ‘‘occurrence of the alleged subject matter of enforcement procedures is adopt Appendix B, which gives the addresses violation’’ is defined in a manner that in- addressed in the Office’s procedural rules and of FTA regional offices. Such information is cludes both isolated acts of discrimination in Part 2 of these regulations. not relevant to covered entities under the and continuing violations. See, e.g., Havens 5. Certain sections of Subparts B (Applica- CAA. The Board also proposes not to adopt Realty Corp. v. Coleman, 455 U.S. 363, 380 bility) and C (Transportation Facilities) of Appendix C, which contain forms for certifi- (1982). In § 2.102(d), the term ‘‘the rights and the Secretary’s regulations were promul- cation of equivalent service. These forms ap- protections against discrimination in the gated to implement sections 242 and 304 of pears to be irrelevant to entities covered by provision of public services and accommoda- the ADA, provisions that are not applied to the CAA and therefore will not be adopted by tions’’ is defined by referencing the specific covered entities under section 210(b) of the the Board. Finally, the Board will adopt Ap- sections of Titles II and III that are incor- CAA or are otherwise inapplicable to Legis- pendix D to Part 37, the section-by-section porated into the CAA in section 210(b)(1). 2 lative Branch entities. Therefore, the Board analysis of Part 37. The Board notes that the U.S.C. § 1331(b)(1). will exclude the following sections from its section-by-section analysis may have some § 2.103 Investigatory Authority. This sec- substantive regulations on that basis: relevance in interpreting the sections of Part tion explains the investigatory methods that 37.21(a)(2) and (b) (relating to private entities 37 that the Board has adopted. the General Counsel will use when inves- under section 304 of the ADA and private en- 9. The Board proposes to adopt, with mini- tigating charges of discrimination and clari- tities receiving Federal assistance from the mal technical and nomenclature changes, fies the duty of cooperation owed by all par- Transportation Department), 37.25 (univer- the regulations contained in Part 38 and ac- ties. The language used to describe the inves- sity transportation systems), 37.29 (private companying appendix, with the exception of tigatory methods listed in § 2.103(a) is derived taxi services), 37.33 (airport transportation the following subparts which the Board has from the Supreme Court’s decision in Dow systems), 37.37(a) and 37.37(e)–(g) (relating to determined implement portions of the ADA Chemical Co. v. United States, 476 U.S. 227, 233 coverage of private entities and other enti- not applied to covered entities under section (1986) which describes what is intended when ties under section 304 of the ADA), and 37.49– 210(b) of the CAA and/or the Board believe an agency is granted investigatory authority 37.57 (relating to intercity and commuter have no conceivable applicability to legisla- that is not otherwise defined in the statute. rail systems). Similarly, the Board proposes tive branch operations: Subpart E, Com- The duty to cooperate with investigations modifying sections 37.21(c), 37.37(d), and muter Rail Cars and Systems; and Subpart described in § 2.103(b) is implicit in the CAA. 37.37(h) and other sections where references F, Intercity Rail Cars and Systems. By empowering the General Counsel to in- are made to requirements or circumstances In section 1.105(d), the Board has proposed vestigate potential violations of the the strictly encompassed by the provisions of the adoption of one regulation promulgated ADA, Congress expressed its expectation section 304 of the ADA and, therefore, not ap- by the Access Board, 36 C.F.R. § 1190.34, relat- that legislative branch employees and offices plicable to covered entities under the CAA. ing to the accessibility of leased buildings would cooperate fully with investigations See, e.g., sections 37.25–37.27 (transportation and facilities. While the DOJ does not have a conducted by the General Counsel pursuant for elementary and secondary education sys- regulation pertaining to leased buildings and to this authority. This regulation is con- tems). facilities, the Access Board has promulgated sistent with prior policy guidance the Gen- 6. Subpart D (sections 37.71 through 37.95) this regulation that sets minimal accessible eral Counsel has provided to covered enti- of the DOT’s regulations relate to acquisi- standards whenever the federal government ties. tion of accessible vehicles by public entities. leases a building or facility (or a portion § 2.104 Mediation. This section explains Certain sections of subpart D were promul- thereof). Generally, this regulation requires when the General Counsel will request medi- gated to implement sections 242 and 304 of that fully accessible space be leased when ation of a charge of discrimination. The lan- the ADA, which were not applied to covered available, but also sets some minimal acces- guage in § 2.104(a) is derived from section entities under section 210(b) of the CAA, or sibility requirements when fully accessible 210(d)(2) of the CAA. 2 U.S.C. § 1331(d)(2). The are otherwise inapplicable to Legislative spaces are not available. These minimum re- explanation of what happens when mediation Branch entities. Therefore, the Board will quirements include at least one accessible results in a settlement is contained in exclude the following sections from its sub- entrance, an accessible route to major func- § 2.104(b) and is consistent with the language stantive regulations on that basis: 37.87–37.91 tion areas, an accessible toilet, and acces- in section 210(d)(3) and with the General and 37.93(b) (relating to intercity and com- sible parking (if that is included in the rent). Counsel’s past practice of closing cases that muter rail service). If there is no space available that meets even are resolved during mediation. The language 7. Subpart E (sections 37.101 through 37.109) these minimal requirements, the regulation in § 2.104(c) is derived from section 210(d)(3) of of the DOT’s regulations relates to acquisi- does contain an exception that would permit the CAA. 2 U.S.C. § 1331(d)(3). tion of accessible vehicles by private enti- the short term leasing of spaces that do not § 2.105 Complaint. The language in this ties. Section 37.101, relating to acquisition of even meet these minimal standards. The section is is derived from section 210(d)(3) of vehicles by private entities not primarily en- most common ADA public access complaint the CAA. 2 U.S.C. § 1331(d)(3). gaged in the business of transporting people, received by the General Counsel from mem- § 2.106 Intervention by charging individual. implements section 302 of the ADA, which is bers of the public relates to the lack of ADA The language in this section is is derived applied to covered entities under section access to spaces being leased by legislative from section 210(d)(3) of the CAA. 2 U.S.C. 210(b). Therefore, the Board will adopt sec- branch offices. The Board therefore finds § 1331(d)(3). tion 37.101 as part of its section 210(e) regula- good cause to clarify the ADA access obliga- § 2.107 Remedies and Compliance. This sections. Sections 37.103, 37.107, and 37.109 of the tions regarding leased spaces by adopting 36 tion describes the remedies available and the regulations implement section 304 of the C.F.R. § 1190.34. compliance dates when a violation of section ADA, which is inapplicable to covered enti- Regulations proposed in Part 2. 210 is found. The remedy language in

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.063 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7369 § 2.107(a) is based upon the statutory lan- § 3.103 Inspection authority. This section 12150, 12182, 12183, and 12189 (‘‘ADA’’) shall guage in section 210(c) of the CAA. 2 U.S.C. describes the general scope of the General apply to the following entities: § 1331(d)(3). The allowance of attorney’s fees Counsel’s inspection authority [§ 3.103(a)] and (1) each office of the Senate, including and costs described in § 2.107(a)(1) is based recognizes that the General Counsel has the each office of a Senator and each committee; upon the language in 28 C.F.R. § 35.175 & right to review information and documents (2) each office of the House of Representa- 36.505 which recognize that attorney’s fees [§ 3.103(b)], receive cooperation from covered tives, including each office of a Member of may be awarded under both Titles II and III entities [§ 3.103(c)], and become involved in the House of Representatives and each com- of the ADA. The availability of compen- pre-construction review of alteration and mittee; satory damages described in § 2.107(a)(2) de- construction projects [§ 3.103(d)]. (3) each joint committee of the Congress; rives from sections 210(c) and of the CAA The general scope of authority in § 3.103(a) (4) the Office of Congressional Accessi- which incorporates by reference the rem- is derived from the language in section bility Services; edies contained sections 203 and 308(a) of the 210(f)(1) of the CAA. 2 U.S.C. § 1331(f)(1). This (5) the United States Capitol Police; ADA. Section 203 of the ADA provides that subsection also describes the discretion that (6) the Congressional Budget Office; the remedies set forth in the Rehabilitation the General Counsel has exercised when con- (7) the Office of the Architect of the Cap- Act (at 29 U.S.C. § 794a) shall be the remedies ducting these inspections since the enact- itol (including the Botanic Garden); for violations of Title II of the ADA. The Su- ment of the CAA. (8) the Office of the Attending Physician; preme Court has made clear that the rem- The document and information review de- and edies available under Title II of the ADA and scribed in § 3.103(b) recognizes that a thor- (9) the Office of Compliance; the Rehabilitation Act are ‘‘coextensive with ough inspection of facilities can require the Title II of the ADA prohibits discrimina- the remedies available in a private cause of review of documents and other information tion on the basis of disability in the provi- action brought under Title VI of the Civil to ascertain whether a covered entity is in sion of public services, programs, activities Rights Act of 1964’’ which includes compen- compliance with the ADA. The language in by any ‘‘public entity.’’ Section 210(b)(2) of satory, but not punitive, damages. Barnes v. this subsection is based upon prior policy the CAA provides that for the purpose of ap- Gorman, 536 U.S. 181, 185 (2002). The language guidance the General Counsel has provided plying Title II of the ADA the term ‘‘public in § 2.107(a)(1) & (a)(2) requiring that pay- to covered entities. entity’’ means any entity listed above that ment be made by the covered entity respon- The duty to cooperate with inspections de- provides public services, programs, or activi- sible for correcting the violation is from sec- scribed in § 3.103(c), like the duty to cooper- ties. Title III of the ADA prohibits discrimi- tion 415(c) of the CAA which requires that ate with investigations described in § 2.103(b), nation on the basis of disability by public ac- funds to correct ADA violations ‘‘may be is implicit in the CAA. By empowering the commodations and requires places of public paid only from funds appropriated to the em- General Counsel to inspect all facilities for accommodation and commercial facilities to ploying office or entity responsible for cor- potential violations of the the ADA, Con- be designed, constructed, and altered in com- recting such violations.’’ 2 U.S.C. § 1415(c). gress expressed its expectation that legisla- pliance with accessibility standards. Section The compliance date set forth in § 2.107(b) is tive branch employees and offices would co- 225(f) of the CAA provides that, ‘‘[e]xcept from section 210(d)(5) of the CAA. 2 U.S.C. operate fully with such inspections con- where inconsistent with definitions and ex- § 1331(d)(5). ducted by the General Counsel pursuant to emptions provided in this Act, the defini- This section is § 2.108 Judicial Review. this authority. This regulation is consistent tions and exemptions of the [ADA] shall from section 210(d)(4) of the CAA. 2 U.S.C. with prior policy guidance the General Coun- apply under this Act.’’ 2 U.S.C. § 1361(f)(1). § 1331(d)(4). sel has provided to covered entities. Section 210(d) of the CAA requires that the Regulations proposed in Part 3. General Counsel of the Office of Compliance This section ref- The pre-construction review of alteration § 3.101 Purpose and scope. accept and investigate charges of discrimina- erences and notes that Part 3 of these regu- and construction projects described in tion filed by qualified individuals with dis- lations implements section 210(f) of the CAA § 3.103(d) was developed after consultation abilities who allege a violation of Title II or which requires that the General Counsel, on with the Office of the Architect of the Cap- Title III of the ADA by a covered entity. If a regular basis, at least once each Congress, itol and addresses concerns raised by over- the General Counsel believes that a violation inspect the facilities of covered entities to sight and appropriations staff over finding a may have occurred, the General Counsel may ensure compliance with the Titles II and III cost efficient process that would allow better file with the Office a complaint against any of the ADA and to prepare and submit a re- identification and elimination of potential entity responsible for correcting the viola- port to Congress containing the results of ADA compliance issues during the pre-con- tion. 2 U.S.C. § 1361(d). the periodic inspections, describing any vio- struction phases of new construction and al- Section 210(f) of the CAA requires that the lations, assessing any limitations in accessi- teration projects. General Counsel of the Office of Compliance bility, and providing the estimated cost and § 3.104 Reporting, estimating cost & time on a regular basis, and at least once each time needed for abatement. It also notes and compliance date. This section describes Congress, conduct periodic inspections of all that by procedural rule or policy, the Gen- the reporting obligations of the General covered facilities and to report to Congress eral Counsel or the Office may further de- Counsel set forth in section 210(f)(2) of the on compliance with disability access stand- scribe how the General Counsel will exercise CAA. 2 U.S.C. § 1331(f)(2). The language in ards under Section 210. 2 U.S.C. § 1331(f). the statutory authority provided by section § 3.104(a) is directly from section 210(f)(2) of (b) Purpose and scope of regulations. The 210(d) of the CAA. The Board notes that the the CAA. Subsection 3.104(b) merely recog- regulations set forth herein (Parts 1, 2, and 3) Executive Director is proposing amendments nizes that the General Counsel needs the co- are the substantive regulations that the to the Office’s Procedural Rules that do in- operation of covered entities to provide the Board of Directors of the Office of Compli- clude provisions relating to section 210(f) of cost and time estimates for abatement re- ance has promulgated pursuant to Section the CAA. quired by section 210(f)(2). The compliance 210(e) of the CAA. Part 1 contains the gen- § 3.102 Definitions. This section defines date set forth in § 3.104(c) is from section eral provisions applicable to all regulations terms used in section 210(f) of the CAA which 210(d)(5) of the CAA. 2 U.S.C. § 1331(d)(5). under Section 210, the method of identifying are not defined in the statute. In § 3.102(a), Proposed Regulations: entities responsible for correcting a viola- the term ‘‘facilities of covered entities’’ is PART 1—MATTERS OF GENERAL APPLICA- tion of Section 210, and the list of executive defined. The term ‘‘facility’’ is defined in 28 BILITY TO ALL REGULATIONS PROMUL- branch regulations incorporated by reference C.F.R. § 35.104, which is incorporated by ref- GATED UNDER SECTION 210 OF THE which define and clarify the prohibition erence into these regulations. See § 1.105(c). CONGRESSIONAL ACCOUNTABILITY ACT against discrimination on the basis of dis- ‘‘Facilities of covered entities’’ is defined to OF 1995 ability in the provision of public services and include all facilities where covered entities § 1.101 PURPOSE AND SCOPE accommodations. Part 2 contains the provi- provide public programs, activities, services § 1.102 DEFINITIONS sions pertaining to investigation and pros- or accommodations, including those facili- § 1.103 AUTHORITY OF THE BOARD ecution of charges of discrimination. Part 3 ties designed, maintained, altered or con- § 1.104 METHOD FOR IDENTIFYING THE contains the provisions regarding the peri- structed by a covered entity. Because the ENTITY RESPONSIBLE FOR CORRECTING odic inspections and reports to Congress on General Counsel’s inspections under section VIOLATIONS OF SECTION 210 compliance with the disability access stand- 210(f) of the CAA are focused upon finding § 1.105 REGULATIONS INCORPORATED ards. barriers to access in facilities, the term BY REFERENCE ‘‘violation’’ is defined in § 3.102(b) as any bar- § 1.102 Definitions. rier to access caused by noncompliance with § 1.101 Purpose and scope. Except as otherwise specifically provided the applicable standards. The definition of (a) CAA. Enacted into law on January 23, in these regulations, as used in these regula- ‘‘estimated cost and time needed for abate- 1995, the Congressional Accountability Act tions: ment’’ was developed in consultation with (‘‘CAA’’) in Section 210(b) provides that the (a) Act or CAA means the Congressional Ac- Office of the Architect of the Capitol which rights and protections against discrimina- countability Act of 1995 (Pub. L. 104–1, 109 proposed that reporting regarding estimated tion in the provision of public services and Stat. 3, 2 U.S.C. §§ 1301–1438). abatement cost and time be provided using a accommodations established by the provi- (b) ADA means the Americans With Dis- range of dollar amounts and dates due to the sions of Title II and III (Sections 201 through abilities Act of 1990 (42 U.S.C. §§ 12131–12150, difficulty in precisely estimating such costs 230, 302, 303, and 309) of the Americans With 12182, 12183, and 12189) as applied to covered and dates. Disabilities Act of 1990, 42 U.S.C. §§ 12131– entities by Section 210 of the CAA.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.065 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7370 CONGRESSIONAL RECORD — HOUSE September 9, 2014 (c) Covered entity and public entity include of Title II or Title III rights and protections § 35.133 Maintenance of accessible features. any of the entities listed in § 1.101(a) that and, when the violation involves a physical § 35.135 Personal devices and services. provide public services, programs, or activi- access barrier, the entities responsible for § 35.136 Service animals ties, or operates a place of public accommo- designing, maintaining, managing, altering § 35.137 Mobility devices. dation within the meaning of Section 210 of or constructing the facility in which the spe- § 35.138 Ticketing the CAA. In the regulations implementing cific public service program, activity or ac- § 35.139 Direct threat. Title III, private entity includes covered enti- commodation is conducted or provided. § 35.149 Discrimination prohibited. ties. (d) Allocation of Responsibility for Correc- § 35.150 Existing facilities. (d) Board means the Board of Directors of tion of Title II and/or Title III Violations. § 35.151 New Construction and alterations. the Office of Compliance. Where more than one entity is found to be an § 35.152 Jails, detention and correctional (e) Office means the Office of Compliance. entity responsible for correction of a viola- facilities. (f) General Counsel means the General tion of Title II and/or Title III rights and § 35.160 General. Counsel of the Office of Compliance. protections under the method set forth in § 35.161 Telecommunications. § 1.103 Authority of the Board. this section, as between those parties, allo- § 35.162 Telephone emergency services. Pursuant to Sections 210 and 304 of the cation of responsibility for correcting the § 35.163 Information and signage. CAA, the Board is authorized to issue regula- violations of Title II or Title III of the ADA § 35.164 Duties. tions to implement the rights and protec- may be determined by statute, contract, § 36.101 Purpose. tions against discrimination on the basis of order, or other enforceable arrangement or § 36.102 Application. disability in the provision of public services relationship. § 36.103 Relationship to other laws. and accommodations under the ADA. Sec- § 1.105 Regulations incorporated by § 36.104 Definitions. tion 210(e) of the CAA directs the Board to reference. § 36.201 General. promulgate regulations implementing Sec- § 36.202 Activities. (a) Technical and Nomenclature Changes to tion 210 that are ‘‘the same as substantive § 36.203 Integrated settings. Regulations Incorporated by Reference. The regulations promulgated by the Attorney § 36.204 Administrative methods. definitions in the regulations incorporated General and the Secretary of Transportation § 36.205 Association. by reference (‘‘incorporated regulations’’) to implement the statutory provisions re- § 36.207 Places of public accommodations shall be used to interpret these regulations ferred to in subsection (b) except to the ex- located in private residences. except when they differ from the definitions tent that the Board may determine, for good § 36.208 Direct threat. in § 1.102 or the modifications listed below, in cause shown and stated together with the § 36.209 Illegal use of drugs. which case the definition in § 1.102 or the regulation, that a modification of such regu- § 36.210 Smoking. modification listed below shall be used. The lations would be more effective for the im- § 36.211 Maintenance of accessible features. incorporated regulations are hereby modified plementation of the rights and protections § 36.213 Relationship of subpart B to sub- as follows: under this section.’’ 2 U.S.C. § 1331(e). Specifi- parts C and D of this part. (1) When the incorporated regulations refer cally, it is the Board’s considered judgment, § 36.301 Eligibility criteria. to ‘‘Assistant Attorney General,’’ ‘‘Department based on the information available to it at § 36.302 Modifications in policies, practices, of Justice,’’ ‘‘FTA Administrator,’’ ‘‘FTA re- the time of promulgation of these regula- or procedures. gional office,’’ ‘‘Administrator,’’ ‘‘Secretary,’’ tions, that, with the exception of the regula- § 36.303 Auxiliary aids and services. or any other executive branch office or offi- tions adopted and set forth herein, there are § 36.304 Removal of barriers. cer, ‘‘General Counsel’’ is hereby substituted. § 36.305 Alternatives to barrier removal. no other ‘‘substantive regulations promul- (2) When the incorporated regulations refer gated by the Attorney General and the Sec- § 36.306 Personal devices and services. to the date ‘‘January 26, 1992,’’ the date ‘‘Jan- retary of Transportation to implement the § 36.307 Accessible or special goods. uary 1, 1997’’ is hereby substituted. § 36.308 Seating in assembly areas. statutory provisions referred to in sub- (3) When the incorporated regulations oth- section (b) [of Section 210 of the CAA]’’ that § 36.309 Examinations and courses. erwise specify a date by which some action § 36.310 Transportation provided by public need be adopted. must be completed, the date that is three In promulgating these regulations, the accommodations. years from the effective date of these regula- § 36.402 Alterations. Board has made certain technical and no- tions is hereby substituted. menclature changes to the regulations as § 36.403 Alterations: Path of travel. (4) When the incorporated regulations con- § 36.404 Alterations: Elevator exemption. promulgated by the Attorney General and tain an exception for an ‘‘historic’’ property, the Secretary of Transportation. Such § 36.405 Alterations: Historic preservation. building, or facility that exception shall § 36.406 Standards for new construction changes are intended to make the provisions apply to properties, buildings, or facilities adopted accord more naturally to situations and alterations. designated as an historic or heritage asset by Appendix A to Part 36—Standards for Ac- in the Legislative Branch. However, by mak- the Office of the Architect of the Capitol in ing these changes, the Board does not intend cessible Design. accordance with its preservation policy and Appendix B to Part 36—Preamble to Regu- a substantive difference between these regu- standards and where, in accordance with its lations and those of the Attorney General lation on Nondiscrimination on the Basis of preservation policy and standards, the Office Disability by Public Accommodations (Pub- and/or the Secretary from which they are de- of the Architect of the Capitol determines rived. Moreover, such changes, in and of lished July 26, 1991). that compliance with the requirements for (d) themselves, are not intended to constitute Incorporated Regulations from 49 C.F.R. accessible routes, entrances, or toilet facili- The following regulations an interpretation of the regulations or of the Parts 37 and 38. ties would threaten or destroy the historic from 49 C.F.R. Parts 37 and 38 that are pub- statutory provisions of the CAA upon which significance of the building or facility, the lished in the Code of Federal Regulations on they are based. exceptions for alterations to qualified his- the effective date of these regulations are § 1.104 Method for identifying the entity re- toric buildings or facilities for that element hereby incorporated by reference as though sponsible for correction of violations of sec- shall be permitted to apply. stated in detail herein: tion 210. (b) Rule of Interpretation. When a covered § 37.1 Purpose. (a) Purpose and scope. Section 210(e)(3) of entity is subject to conflicting regulations § 37.3 Definitions. the CAA provides that regulations under implementing both Title II and Title III of § 37.5 Nondiscrimination. Section 210(e) include a method of identi- the ADA, the regulation providing the most § 37.7 Standards for accessible vehicles. fying, for purposes of this section and for access shall apply. § 37.9 Standards for accessible transpor- categories of violations of Section 210(b), the (c) Incorporated Regulations from 28 C.F.R. tation facilities. entity responsible for correcting a particular Parts 35 and 36. The following regulations § 37.13 Effective date for certain vehicle violation. This section sets forth the method from 28 C.F.R. Parts 35 and 36 that are pub- specifications. for identifying responsible entities for the lished in the Code of Federal Regulations on § 37.21 Applicability: General. purpose of allocating responsibility for cor- the effective date of these regulations are § 37.23 Service under contract. recting violations of Section 210(b). hereby incorporated by reference as though § 37.27 Transportation for elementary and (b) Violations. A covered entity may vio- stated in detail herein: secondary education systems. late Section 210(b) if it discriminates against § 35.101 Purpose. § 37.31 Vanpools. a qualified individual with a disability with- § 35.102 Application. § 37.37 Other applications. in the meaning of Title II or Title III of the § 35.103 Relationship to other laws. § 37.41 Construction of transportation fa- ADA. § 35.104 Definitions. cilities by public entities. (c) Entities Responsible for Correcting Vio- § 35.105 Self-evaluation § 37.43 Alteration of transportation facili- lations. Correction of a violation of the § 35.106 Notice. ties by public entities. rights and protections against discrimina- § 35.107 Designation of responsible em- § 37.45 Construction and alteration of tion is the responsibility of the entities list- ployee and adoption of grievance procedures. transportation facilities by private entities. ed in subsection (a) of Section 210 of the CAA § 35.130 General prohibitions against dis- § 37.47 Key stations in light and rapid rail that provide the specific public service, pro- crimination. systems. gram, activity, or accommodation that § 35.131 Illegal use of drugs. § 37.61 Public transportation programs forms the basis for the particular violation § 35.132 Smoking. and activities in existing facilities.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.066 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7371 § 37.71 Purchase or lease of new non-rail § 38.55 Priority seating signs. of the CAA through incorporation of Sec- vehicles by public entities operating fixed § 38.57 Interior circulation, handrails and tions 201 through 230, 203, 303, and 309 of the route systems. stanchions. ADA and by the regulations issued by the § 37.73 Purchase or lease of used non-rail § 38.59 Floor surfaces. Board to implement Section 210 of the CAA. vehicles by public entities operating fixed § 38.61 Public information system. § 2.103 Investigatory Authority. route systems. § 38.63 Between-car barriers. (a) Investigatory Methods. When inves- § 37.75 Remanufacture of non-rail vehicles § 38.71 General. tigating charges of discrimination and con- and purchase or lease of remanufactured § 38.73 Doorways. ducting inspections, the General Counsel is non-rail vehicles by public entities operating § 38.75 Priority seating signs. authorized to use all the modes of inquiry fixed route systems. § 38.77 Interior circulation, handrails and and investigation traditionally employed or § 37.77 Purchase or lease of new non-rail stanchions. useful to execute this investigatory author- vehicles by public entities operating a de- § 38.79 Floors, steps and thresholds. ity. The authorized methods of investigation mand responsive system for the general pub- § 38.81 Lighting. include, but are not limited to, the fol- lic. § 38.83 Mobility aid accessibility. lowing: (1) requiring the parties to provide or § 37.79 Purchase or lease of new rail vehi- § 38.85 Between-car barriers. produce ready access to: all physical areas cles by public entities operating rapid or § 38.87 Public information system. subject to an inspection or investigation, in- light rail systems. § 38.171 General. dividuals with relevant knowledge con- § 37.81 Purchase or lease of used rail vehi- § 38.173 Automated guideway transit vehi- cerning the inspection or investigation who cles by public entities operating rapid or cles and systems. can be interviewed or questioned, and docu- light rail systems. § 38.179 Trams, and similar vehicles, and ments pertinent to the investigation; and (2) § 37.83 Remanufacture of rail vehicles and systems. requiring the parties to provide written an- purchase or lease of remanufactured rail ve- Figures to Part 38. swers to questions, statements of position, hicles by public entities operating rapid or Appendix to Part 38—Guidance Material. and any other information relating to a po- light rail systems. (e) Incorporated Regulation from 36 C.F.R. § 37.101 Purchase or lease of vehicles by Part 1190. The following regulation from 36 tential violation or demonstrating compli- private entities not primarily engaged in the C.F.R. Part 1190 that is published in the Code ance. (b) business of transporting people. of Federal Regulations on the effective date Duty to Cooperate with Investigations. § 37.105 Equivalent service standard. of these regulations is hereby incorporated Charging individuals and covered entities § 37.121 Requirement for comparable com- by reference as though detail herein: shall cooperate with investigations con- plementary paratransit service. § 1190.3—Accessible buildings and facilities: ducted by the General Counsel. Cooperation § 37.123 ADA paratransit eligibility: Stand- Leased. includes providing timely responses to rea- ards. PART 2—MATTERS PERTAINING TO IN- sonable requests for information and docu- § 37.125 ADA paratransit eligibility: Proc- VESTIGATION AND PROSECUTION OF ments (including the making and retention ess. CHARGES OF DISCRIMINATION. of copies of records and documents), allowing § 37.127 Complementary paratransit serv- § 2.101 PURPOSE AND SCOPE the General Counsel to review documents ice for visitors. § 2.102 DEFINITIONS and interview relevant witnesses confiden- § 37.129 Types of service. § 2.103 INVESTIGATORY AUTHORITY tially and without managerial interference § 37.131 Service criteria for complemen- § 2.104 MEDIATION or influence, and granting the General Coun- tary paratransit. § 2.105 COMPLAINT sel ready access to all facilities where cov- § 37.133 Subscription service. § 2.106 INTERVENTION BY CHARGING ered services, programs and activities are § 37.135 Submission of paratransit plan. INDIVIDUAL being provided and all places of public ac- § 37.137 Paratransit plan development. § 2.107 REMEDIES AND COMPLIANCE commodation. § 37.139 Plan contents. § 2.108 JUDICIAL REVIEW § 2.104 Mediation. § 37.141 Requirements for a joint para- § 2.101 Purpose and Scope. (a) Belief that violation may have occurred. transit plan. Section 210(d) of the CAA requires that the If, after investigation, the General Counsel § 37.143 Paratransit plan implementation. General Counsel accept and investigate believes that a violation of the ADA may § 37.147 Considerations during FTA re- charges of discrimination filed by qualified have occurred and that mediation may be view. individuals with disabilities who allege a helpful in resolving the dispute, prior to fil- § 37.149 Disapproved plans. violation of Title II or Title III of the ADA ing a complaint, the General Counsel may § 37.151 Waiver for undue financial bur- by a covered entity. Part 2 of these regula- request, but not participate in, mediation den. tions contains the provisions pertaining to under subsections (b) through (d) of Section § 37.153 FTA waiver determination. investigation and prosecution of charges of 403 of the CAA between the charging indi- § 37.155 Factors in decision to grant an discrimination. By procedural rule or policy, vidual and any entity responsible for cor- undue financial burden waiver. the General Counsel or the Office may fur- recting the alleged violation. § 37.161 Maintenance of accessible fea- ther describe how the General Counsel will (b) Settlement. If, prior to the filing of a tures: General. exercise the statutory authority provided by complaint, the charging individual and the § 37.163 Keeping vehicle lifts in operative Section 210. entity responsible for correcting the viola- condition: Public entities. § 2.102 Definitions. tion reach a settlement agreement that fully § 37.165 Lift and securement use. resolves the dispute, the General Counsel (a) Charge means any written document § 37.167 Other service requirements. shall close the investigation of the charge from a qualified individual with a disability § 37.171 Equivalency requirement for de- without taking further action. or that individual’s designated representa- mand responsive service operated by private (c) If mediation tive which suggests or alleges that a covered Mediation Unsuccessful. entities not primarily engaged in the busi- under (a) has not succeeded in resolving the entity denied that individual the rights and ness of transporting people. dispute, and if the General Counsel believes protections against discrimination in the § 37.173 Training requirements. that a violation of the ADA may have oc- provision of public services and accommoda- Appendix A to Part 37—Modifications to curred, the General Counsel may file with tions provided in Section 210(b)(1) of the Standards for Accessible Transportation Fa- the Office a complaint against any entity re- CAA. cilities. sponsible for correcting the violation. Appendix D to Part 37—Construction and (b) File a charge means providing a charge Interpretation of Provisions of 49 CFR Part to the General Counsel in person, by mail, by § 2.105 Complaint. 37. electronic transmission, or by any other The complaint filed by the General Counsel § 38.1 Purpose. means used by the General Counsel to re- shall be submitted to a hearing officer for § 38.2 Equivalent facilitation. ceive documents. Charges shall be filed with- decision pursuant to subsections (b) through § 38.3 Definitions. in 180 days of the occurrence of the alleged (h) of Section 405 of the CAA. The decision of § 38.4 Miscellaneous instructions. violation. the hearing officer shall be subject to review § 38.21 General. (c) The occurrence of the alleged violation by the Board pursuant to Section 406 of the § 38.23 Mobility aid accessibility. means the later of (1) the date on which the CAA. § 38.25 Doors, steps and thresholds. charging individual was allegedly discrimi- § 2.106 Intervention by Charging Individual. nated against; or (2) the last date on which § 38.27 Priority seating signs. Any person who has filed a charge may in- the service, activity, program or public ac- § 38.29 Interior circulation, handrails and tervene as of right, with the full rights of a commodation described by the charging stanchions. party, whenever a complaint is filed by the party was operated in a way that denied ac- § 38.31 Lighting. General Counsel. § 38.33 Fare box. cess in the manner alleged by the charging § 38.35 Public information system. party. § 2.107 Remedies and Compliance. § 38.37 Stop request. (d) The rights and protections against dis- (a) Remedy. The remedy for a violation of § 38.39 Destination and route signs. crimination in the provision of public services Section 210 of the CAA shall be such remedy § 38.51 General. and accommodations means all of the rights as would be appropriate if awarded under § 38.53 Doorways. and protections provided by Section 210(b)(1) Section 203 or 308(a) of the ADA.

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(1) Attorney Fees and Costs. In any action sel has the discretion to decide which facili- BARBARA L. CAMENS, commenced pursuant to Section 210 of the ties will be inspected and how inspections Chair of the Board, Office of Compliance. CAA by the General Counsel, when a charg- will be conducted. The General Counsel may ing individual has intervened, the hearing of- receive requests for ADA inspections, includ- U.S. CONGRESS, ficer and the Board, in their discretion, may ing anonymous requests, and conduct inspec- OFFICE OF COMPLIANCE, allow the prevailing charging individual a tions for compliance with Titles II and III of Washington, DC. reasonable attorney’s fee, including litiga- the ADA in the same manner that the Gen- Hon. JOHN A. BOEHNER, tion expenses, and costs, and the covered en- eral Counsel receives and investigates re- Speaker of the House of Representatives, tity responsible for correcting the violation quests for inspections under Section 215(c)(1) The Capitol, Washington, DC. shall pay such fees, expenses and costs from of the CAA. DEAR MR. SPEAKER: Section 303(a) of the its appropriated funds as part of the funds to (b) Review of information and documents. Congressional Accountability Act of 1995 correct violations of Section 210 under Sec- When conducting inspections under Section (CAA), 2 U.S.C. 1383(a), requires that, with tion 415(c) of the CAA. 210(f) of the CAA, the General Counsel may regard to the proposal of procedural rules (2) Compensatory Damages. In any action request, obtain, and review any and all infor- under the CAA, the Executive Director commenced pursuant to Section 210 of the mation or documents deemed by the General ‘‘shall, subject to the approval of the Board CAA by the General Counsel, when a charg- Counsel to be relevant to a determination of [of Directors], adopt rules governing the pro- ing individual has intervened, the hearing of- whether the covered entity is in compliance cedures of the Office . . . publish a general ficer and the Board, in their discretion, may with Section 210 of the CAA. notice of proposed rulemaking’’ and ‘‘shall award compensatory damages to the pre- (c) Duty to cooperate. Covered entities transmit such notice to the Speaker of the House of Representatives and the President vailing charging individual, and the covered shall cooperate with any inspection con- Pro Tempore of the Senate for publication in entity responsible for correcting the viola- ducted by the General Counsel in the manner the Congressional Record on the first day of tion shall pay such compensatory damages provided by § 2.103(b). which both Houses are in session following from its appropriated funds as part of the (d) Pre-construction review of alteration such transmittal.’’ Any project in- funds to correct violations of Section 210 and construction projects. Having obtained the approval of the Board under Section 415(c) of the CAA. volving alteration or new construction of fa- as required by Section 303(b) of the CAA, 2 (b) Compliance Date. Compliance shall cilities of covered entities are subject to in- U.S.C. 1383(b), I am transmitting the at- take place as soon as possible, but no later spection by the General Counsel for compli- tached notice of proposed procedural rule- than the fiscal year following the end of the ance with Titles II and III of the ADA during making to the Speaker of the House of Rep- fiscal year in which the order requiring cor- the design, pre-construction, construction, resentatives. I request that this notice be rection becomes final and not subject to fur- and post construction phases of the project. published in the House section of the Con- ther review. The Office of the Architect of the Capitol gressional Record on the first day on which § 2.108 Judicial Review. shall, within one year from the effective date both Houses are in session following the re- of these regulations, develop a process with A charging individual who has intervened ceipt of this transmittal. In compliance with the General Counsel to identify potential or any respondent to the complaint, if ag- Section 303(b) of the CAA, a comment period barriers to access prior to the completion of grieved by a final decision of the Board, may of 30 days after the publication of this notice alteration and construction projects that file a petition for review in the United States of proposed rulemaking is being provided be- may include the following provisions: Court of Appeals for the Federal Circuit, pur- fore adoption of the rules. (1) Design review or approval; suant to Section 407 of the CAA. Any inquiries regarding this notice should (2) Inspections of ongoing alteration and PART 3—MATTERS PERTAINING TO be addressed to Barbara J. Sapin, Executive construction projects; Director of the Office of Compliance, Room PERIODIC INSPECTIONS AND REPORTING. (3) Training on the applicable ADA stand- § 3.101 PURPOSE AND SCOPE LA–200, 110 2nd Street, S.E., Washington, DC ards; § 3.102 DEFINITIONS 20540; 202–724–9250. (4) Final inspections of completed projects § 3.103 INSPECTION AUTHORITY Sincerely, for compliance; and § 3.104 REPORTING, ESTIMATED COST & BARBARA J. SAPIN, (5) Any other provision that would likely TIME AND COMPLIANCE Executive Director, reduce the number of ADA barriers in alter- § 3.101 Purpose and scope. Office of Compliance. ations and new construction and the costs Attachment. Section 210(f) of the CAA requires that the associated with correcting them. FROM THE EXECUTIVE DIRECTOR OF THE OF- General Counsel, on a regular basis, at least § 3.104 Reporting, estimating cost & time and FICE OF COMPLIANCE: NOTICE OF PROPOSED once each Congress, inspect the facilities of compliance date. RULEMAKING (‘‘NPRM’’), AND REQUEST FOR covered entities to ensure compliance with (a) On a regular basis, at COMMENTS FROM INTERESTED PARTIES. the Titles II and III of the ADA and to pre- Reporting duty. least once each Congress, the General Coun- pare and submit a report to Congress con- PROPOSED AMENDMENTS TO THE RULES OF PRO- sel shall prepare and submit a report to Con- taining the results of the periodic inspec- CEDURE, NOTICE OF PROPOSED RULEMAKING, gress containing the results of the periodic tions, describing any violations, assessing AS REQUIRED BY 2 U.S.C. § 1383, THE CONGRES- inspections conducted under § 3.103(a), de- any limitations in accessibility, and pro- SIONAL ACCOUNTABILITY ACT OF 1995, AS scribing any violations, assessing any limita- viding the estimated cost and time needed AMENDED (‘‘CAA’’). tions in accessibility, and providing the esti- for abatement. Part 3 of these regulations INTRODUCTORY STATEMENT mated cost and time needed for abatement. contains the provisions pertaining to these Shortly after the creation of the Office of (b) Estimated cost & time. Covered entities inspection and reporting duties. By proce- Compliance (Office) in 1995, Procedural Rules shall cooperate with the General Counsel by dural rule or policy, the General Counsel or were adopted to govern the processing of providing information needed to provide the the Office may further describe how the Gen- cases and controversies under the adminis- estimated cost and time needed for abate- eral Counsel will exercise this statutory au- trative procedures established in subchapter ment in the manner provided by § 2.103(b). IV of the Congressional Accountability Act thority provided by Section 210. (c) All barriers to access Compliance date. of 1995 (CAA) 2 U.S.C. 1401–1407. The Rules of § 3.102 Definitions. identified by the General Counsel in its peri- Procedure were amended in 1998 and again in (a) means odic reports shall be removed or otherwise The facilities of covered entities 2004. The existing Rules of Procedure are all facilities used to provide public pro- corrected as soon as possible, but no later available in their entirety on the Office of grams, activities, services or accommoda- than the fiscal year following the end of the Compliance’s web site: www.compliance.gov. tions that are designed, maintained, altered fiscal year in which the report describing the The web site is fully compliant with section or constructed by a covered entity and all fa- barrier to access was issued by the General 508 of the Rehabilitation Act of 1973 (29 cilities where covered entities provide public Counsel. U.S.C. 794d). programs, activities, services or accommoda- Recommended Method of Approval: Pursuant to section 303(a) of the CAA (2 tions. The Board recommends that (1) the version U.S.C. 1383(a)), the Executive Director of the (b) means any barrier to access Violation of the proposed regulations that shall apply Office has obtained approval of the Board of caused by noncompliance with the applicable to the Senate and entities and facilities of Directors of the Office of Compliance regard- standards. the Senate be approved by the Senate by res- ing certain amendments to the Rules of Pro- (c) Estimated cost and time needed for olution; (2) the version of the proposed regu- cedure. means cost and time estimates abatement lations that shall apply to the House of Rep- After obtaining the Board’s approval, the that can be reported as falling within a resentatives and entities and facilities of the Executive Director must then ‘‘publish a range of dollar amounts and dates. House of Representatives be approved by the general notice of proposed rulemaking . . . § 3.103 Inspection authority. House of Representatives by resolution; and for publication in the Congressional Record (a) General scope of authority. On a regular (3) the version of the proposed regulations on the first day on which both Houses are in basis, at least once each Congress, the Gen- that shall apply to other covered entities session following such transmittal.’’ (Sec- eral Counsel shall inspect the facilities of and facilities be approved by the Congress by tion 303(b) of the CAA, 2 U.S.C. 1383(b)). covered entities to ensure compliance with concurrent resolution. NOTICE the Titles II and III of the ADA. When con- Signed at Washington, D.C., on this 9th Comments regarding the proposed amend- ducting these inspections, the General Coun- day of September, 2014. ments to the Rules of Procedure of the Office

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.069 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7373 of Compliance set forth in this NOTICE are istrative hearings held as the result of the ..... invited for a period of thirty (30) days fol- filing of an administrative complaint. Sub- (b) Covered Employee. The term ‘‘covered lowing the date of the appearance of this NO- part H sets forth the procedures for appeals employee’’ means any employee of of decisions by hearing officers to the Board TICE in the Congressional Record. In addi- ..... tion to being posted on the Office of Compli- of Directors of the Office of Compliance and ø ¿ ance’s section 508 compliant web site for appeals of decisions by the Board of Di- (3) the Capitol Guide Service Office of Con- (www.compliance.gov), this NOTICE is also rectors to the United States Court of Ap- gressional Accessibility Services; available in the following alternative for- peals for the Federal Circuit. Proposed (4) the United States Capitol Police; mats: Large Print, Braille. Requests for this Amendments to Subpart H also reference ..... NOTICE in an alternative format should be procedures for other proceedings before the (9) for the purposes stated in paragraph (q) made to Annie Leftwood, Office of Compli- Board. Subpart I of the Rules contain other of this section, the øGeneral Accounting¿ Gov- ance, at 202/724–9272 (voice). Submission of matters of general applicability to the dis- ernment Accountability Office or the Library comments must be made in writing to the pute resolution process and to the operation of Congress. Executive Director, Office of Compliance, 110 of the Office of Compliance, including pro- ..... Second Street, S.E., Room LA–200, Wash- posed Amendments concerning attorney’s (d) Employee of the Office of the Architect of ington, D.C. 20540–1999. It is requested, but fees and violations of formal settlement the Capitol. The term ‘‘employee of the Office not required, that an electronic version of agreements. of the Architect of the Capitol’’ includes any any comments be provided via e-mail to: These proposed amendments to the Rules employee of the Office of the Architect of Annie Leftwood: of Procedure are the result of the experience the Capitol, or the Botanic Garden øor the [email protected]. Comments of the Office in processing disputes under the Senate Restaurants¿. may also be submitted by facsimile to the CAA since the original adoption of these Rules in 1995. The proposed Amendments to (e) Employee of the Capitol Police. The term Executive Director at 202–426–1913 (a non ‘‘employee of the Capitol Police’’ includes ci- toll-free number). Those wishing to receive Subpart D of the Procedural Rules reflect the experience of the Office of General Coun- vilian employees and any member or officer confirmation of the receipt of their com- of the Capitol Police. ments are requested to provide a self-ad- sel in conducting OSH inspections and investigations since 1995. (f) Employee of the House of Representatives. dressed, stamped post card with their sub- The term ‘‘employee of the House of Rep- mission. Copies of submitted comments will EXPLANATION REGARDING THE TEXT OF THE resentatives’’ includes an individual occu- be available for review at the Office of Com- PROPOSED AMENDMENTS pying a position the pay for which is dis- pliance, 110 Second Street, S.E., Washington, Material from the 2004 version of the Rules bursed by the Clerk of the House of Rep- D.C. 20540–1999, on Monday through Friday is printed in roman type. The text of the pro- resentatives, or another official designated (non-Federal holidays) between the hours of posed amendments shows ƒdeletions in by the House of Representatives, or any em- 9:30 a.m. and 4:30 p.m. italicized type within bold italics brackets≈ and ployment position in an entity that is paid SUPPLEMENTARY INFORMATION added text in bold. Only subsections of the with funds derived from the clerk-hire allow- The Congressional Accountability Act of Rules that include proposed amendments are ance of the House of Representatives, but 1995 (CAA), PL 104–1, was enacted into law on reproduced in this NOTICE. The insertion of not any such individual employed by any en- January 23, 1995. The CAA applies the rights a series of small dots (.....) indicates addi- tity listed in subparagraphs (3) through (9) of and protections of 13 federal labor and em- tional, unamended text within a section has paragraph (b) above. ployment statutes to covered employees and not been reproduced in this document. The (g) Employee of the Senate. The term ‘‘em- employing offices within the Legislative insertion of a series of asterisks (*****) ployee of the Senate’’ includes any employee Branch of Government. Section 301 of the indicates that the unamended text of entire whose pay is disbursed by the Secretary of CAA (2 U.S.C. 1381) establishes the Office of sections of the Rules have not been repro- the Senate, but not any such individual em- Compliance as an independent office within duced in this document. For the text of other ployed by any entity listed in subparagraphs that Branch. Section 303 (2 U.S.C. 1383) di- portions of the Rules which are not proposed (3) through (9) of paragraph (b) above. rects that the Executive Director, as the to be amended, please access the Office of (h) Employing Office. The term ‘‘employing Chief Operating Officer of the agency, adopt Compliance web site at www.compliance.gov. office’’ means: rules of procedure governing the Office of PROPOSED AMENDMENTS ..... Compliance, subject to approval by the Subpart A—General Provisions (4) the øCapitol Guide Service¿ Office of Con- Board of Directors of the Office. § 1.01 Scope and Policy gressional Accessibility Services, the United The rules of procedure establish the proc- § 1.02 Definitions States Capitol Police, the Congressional ess by which alleged violations of the 13 laws § 1.03 Filing and Computation of Time Budget Office, the Office of the Architect of made applicable to the Legislative Branch § 1.04 Availability of Official Information the Capitol, the Office of the Attending Phy- under the CAA will be considered and re- § 1.05 Designation of Representative sician, and the Office of Compliance; or solved. Subpart A covers general provisions § 1.06 Maintenance of Confidentiality (5) for the purposes stated in paragraph pertaining to scope and policy, definitions, § 1.07 Breach of Confidentiality Provisions ø(q)¿ (r) of this section, the øGeneral Account- and information on various filings and com- § 1.01 Scope and Policy. ing¿ Government Accountability Office and putation of time. Proposed Amendments to the Library of Congress Subpart A provide for electronic filing and These rules of the Office of Compliance govern the procedures for consideration and (j) Designated Representative. The term clarify requirements and procedures con- ‘‘designated representative’’ means an indi- cerning confidentiality. Subpart B provides resolution of alleged violations of the laws made applicable under Parts A, B, C, and D vidual, firm, or other entity designated in procedures for counseling, mediation, and writing by a party to represent the interests election between filing an administrative of title II of the Congressional Account- ability Act of 1995. The rules include defini- of that party in a matter filed with the Of- complaint with the Office of Compliance or fice. filing a civil action in U.S. District Court. A tions, procedures for counseling, mediation, new Subpart C of the Procedural Rules sets and for electing between filing a complaint ..... forth the proposed rules and procedures for with the Office of Compliance and filing a —Re-letter subsequent paragraphs— enforcement of the inspection, investigation civil action in a district court of the United ø(o)¿(p) General Counsel. The term ‘‘Gen- and complaint sections 210(d) and (f) of the States under Part A of title II. The rules also eral Counsel’’ means the General Counsel of CAA relating to Public Services and Accom- address the procedures for compliance, inves- the Office of Compliance and any authorized modations under Titles II and III of the tigation and enforcement under Part B of representative or designee of the General ø ¿ Americans with Disabilities Act (ADA). Sub- title II, variances and for compliance, inves- Counsel. ø ¿ part C has been reserved for these rules since tigation, and enforcement, and variance ø(p)¿(q) Hearing Officer. The term ‘‘Hearing 1995. Because the Office of the General Coun- under Part C of title II. The rules include Officer’’ means any individual ødesignated¿ ø ¿ sel conducts ADA inspections and inves- and procedures for the conduct of hearings appointed by the Executive Director to pre- tigates ADA charges using procedures that held as a result of the filing of a complaint side over a hearing conducted on matters are similar to what are used in its Occupa- and for appeals to the Board of Directors of within the Office’s jurisdiction. tional, Safety and Health (OSH) inspections the Office of Compliance from Hearing Offi- ø(q)¿(r) Coverage of the øGeneral Accounting¿ and investigations conducted under section cer decisions, as well as other matters of Government Accountability Office and the Li- 215 of the CAA, the procedural rules are simi- general applicability to the dispute resolu- brary of Congress and their Employees. The lar to what are contained in Subpart D of the tion process and to the operations of the Of- term ‘‘employing office’’ shall include the Procedural Rules relating to OSH inspec- fice of Compliance. It is the policy of the Of- øGeneral Accounting¿ Government Account- tions and investigations. The proposed fice that these rules shall be applied with ability Office and the Library of Congress, Amendments to Subpart D clarify potential due regard to the rights of all parties and in and the term ‘‘covered employee’’ shall in- ambiguities in the rules and procedures and a manner that expedites the resolution of clude employees of the øGeneral Accounting¿ make modifications in terminology to better disputes. Government Accountability Office and the comport with the statutory language used in § 1.02 Definitions. Library of Congress, for purposes of the pro- Section 215 of the CAA. Subparts E, F, and G Except as otherwise specifically provided ceedings and rulemakings described in sub- include the process for the conduct of admin- in these rules, for purposes of this Part: paragraphs (1) and (2):

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The date of filing will ,whenever required, with the Office or ≈ ƒ requested by the Executive Director, or by a be determined by the date the brief, motion, Hearing Officer . However, when a party ag- Hearing Officer in the case of a matter pending response, or supporting memorandum is re- grieved by the decision of a Hearing Officer or before the Hearing Officer, or by the Board of ceived in the Office, rather than the date the a party to any other matter or determination re- Directors in the case of an appeal to the Board, attachments, were received in the Office. viewable by the Board files an appeal or other any document may also be filed by electronic (4) By Electronic Mail. Documents trans- submission with the Board, one original and transmittal in a designated format, with receipt mitted electronically will be deemed filed on seven copies of any submission and any re- the date received at the Office at confirmed by electronic transmittal in the same sponses must be filed with the Office. The Of- [email protected], or on the date re- format. Requests for counseling under section fice, Hearing Officer, or Board may also request ceived at the Office of the General Counsel at ≈ ƒ ≈ 2.03, requests for mediation under section 2.04 a A party to submit may file an electronic [email protected] if received by 11:59 ƒ ≈ and complaints under section 5.01 of these rules version of any submission in a designated p.m. Eastern Time. Documents received elec- may also be filed by facsimile (FAX) trans- format designated by the Executive Director, tronically after 11:59 p.m. Eastern Time will mission. In addition, the Board or a Hearing Of- General Counsel, Hearing Officer, or Board, be deemed filed the following business day. ficer may order other documents to be filed by with receipt confirmed by electronic trans- An electronic filing will be timely only if the FAX. The original copies of documents filed by mittal in the same format. document is received no later than 11:59 p.m. (b) Service. The parties shall serve on each FAX must also be mailed to the Office no later Eastern Time on the last day of the applica- other one copy of all motions, briefs, re- than the day following FAX transmission.¿ The ble filing period. Any party filing a document sponses and other documents filed with the filing of all documents is subject to the limi- electronically bears the responsibility for en- Office, other than the request for counseling, tations set forth below. The Board, Hearing suring both that the document is timely and the request for mediation and complaint. Officer, the Executive Director, or the Gen- accurately transmitted and for confirming Service shall be made by mailing, by fax or eral Counsel may, in their discretion, deter- that the Office has received the document. e-mailing, or by hand delivering a copy of the mine the method by which documents may The time displayed as received by the Office motion, brief, response or other document to be filed in a particular proceeding, including will be used to show the time that the docu- each party, or if represented, the party’s rep- ordering one or more parties to use mail, ment has been filed. When the Office serves resentative, on the service list previously FAX, electronic filing, or personal delivery. a document electronically, the time displayed provided by the Office. Each of these docu- Parties and their representatives are respon- as sent by the Office will be used to show the ments must be accompanied by a certificate sible for ensuring that the Office always has time that the document was served. of service specifying how, when and on whom their current postal mailing and e-mail ad- (b) Service by the Office. At its discretion, service was made. It shall be the duty of dresses and FAX numbers. the Office may serve documents by mail, each party to notify the Office and all other ..... FAX, electronic transmission, or personal or parties in writing of any changes in the (2) ƒMailing≈ By Mail. commercial delivery. names or addresses on the service list. (i) If mailed, in- ƒ(b)≈(c) Computation of Time. All time peri- Requests for Mediation...... cluding express, overnight and other expe- ods in these rules that are stated in terms of dited delivery, a request for mediation ƒor a days are calendar days unless otherwise (d) Size Limitations. Except as otherwise ƒ complaint≈ is deemed filed on the date of its noted. However, when the period of time pre- specified by the Hearing Officer, or these ≈ receipt in the Office. scribed is five (5) days or less, intermediate rules, no brief, motion, response, or sup- (ii) Other Documents. ƒA document,≈ Docu- Saturdays, Sundays, federal government porting memorandum filed with the Office ƒ ments, other than a request for mediation, holidays, and other full days that the Office shall exceed 35 double-spaced pages, or 8,750 ≈ ƒor a complaint, is≈ are deemed filed on the is officially closed for business shall be ex- words, exclusive of the table of contents, date of ƒits≈ their postmark or proof of mail- cluded in the computation. To compute the table of authorities and attachments. The ing to the Office. Parties, including those number of days for taking any action re- Board, the Executive Director, or Hearing Of- using franked mail, are responsible for en- quired or permitted under these rules, the ficer may ƒwaive, raise or reduce≈ modify this suring that any mailed document bears a first day shall be the day after the event limitation upon motion and for good cause postmark date or other proof of the actual from which the time period begins to run and shown; or on ƒits≈ their own initiative. date of mailing. In the absence of a legible the last day for filing or service shall be in- Briefs, motions, responses, and supporting postmark a document will be deemed timely cluded in the computation. When the last memoranda shall be on standard letter-size ″ ″ filed if it is received by the Office at Adams day falls on a Saturday, Sunday, ƒor≈ federal paper (8–1/2 x 11 ). To the extent that such a Building, Room LA 200, 110 Second Street, government holiday, or a day the Office is of- filing exceeds 35 double-spaced pages, the S.E., Washington, D.C. 20540–1999, by mail ficially closed, the last day for taking the ac- Hearing Officer, Board, or Executive Director within five (5) days of the expiration of the tion shall be the next regular federal govern- may, in their discretion, reject the filing in applicable filing period. ment workday. whole or in part, and may provide the parties (3) ƒFaxing Documents≈ By FAX. Documents ƒ(c)≈(d) Time Allowances for Mailing, Fax, or an opportunity to refile. transmitted by FAX machine will be deemed Electronic Delivery of Official Notices. When- ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions filed on the date received at the Office at ever a person or party has the right or is re- and Other Filings; Violation of Rules; Sanc- 202–426–1913, or ƒ, in the case of any document quired to do some act within a prescribed pe- tions. to be filed or submitted to the General Counsel,≈ riod after the service of a notice or other (a) Signing. Every pleading, motion, and on the date received at the Office of the Gen- document upon him or her and the notice or other filing of a party represented by an at- eral Counsel at 202–426–1663 if received by document is served by ƒregular, first- torney or other designated representative 11:59 p.m. Eastern Time. Faxed documents re- class≈ mail, five (5) days shall be added to shall be signed by the attorney or represent- ceived after 11:59 p.m. Eastern Time will be the prescribed period. ƒOnly two (2) days shall ative. A party who is not represented shall deemed filed the following business day. A be added if a document is served by express mail sign the pleading, motion or other filing. In ≈ FAX filing will be timely only if the docu- or other form of expedited delivery. When doc- the case of an electronic filing, an electronic ment is received no later than ƒ5:00 PM≈ 11:59 uments are served by certified mail, return signature is acceptable. The signature of a p.m. Eastern Time on the last day of the ap- receipt requested, the prescribed period shall representative or party constitutes a certifi- plicable filing period. Any party using a FAX be calculated from the date of receipt as evi- cate by the signer that the signer has read machine to file a document bears the respon- denced by the return receipt. When docu- the pleading, motion, or other filing; that to sibility for ensuring both that the document ments are served electronically or by FAX, the best of the signer’s knowledge, informa- is timely and accurately transmitted and the prescribed period shall be calculated tion, and belief formed after reasonable in- confirming that the Office has received a fac- from the date of transmission by the Office. quiry, it is well grounded in fact and is war- ƒ simile of the document. ƒThe party or indi- (d) Service or filing of documents by certified ranted by existing law or a good faith argu- vidual filing the document may rely on its FAX mail, return receipt requested. Whenever these ment for the extension, modification, or re- status report sheet to show that it filed the doc- rules permit or require service or filing of docu- versal of existing law, and that it is not ument in a timely manner, provided that the ments by certified mail, return receipt requested, interposed for any improper purpose, such as status report indicates the date of the FAX, the such documents may also be served or filed by to harass or to cause unnecessary delay or receiver’s FAX number, the number of pages in- express mail or other forms of expedited delivery needless increase in the cost of litigation. cluded in the FAX, and that transmission was in which proof of date of receipt by the ad- (b) Sanctions. If a pleading, motion, or ≈ completed.≈ The time displayed as received by dressee is provided. other filing is not signed, it shall be stricken the Office on its FAX status report will be ƒ§ 9.01≈ § 1.04 Filing, Service, and Size Limi- unless it is signed promptly after the omis- used to show the time that the document was tations of Motions, Briefs, Responses and sion is called to the attention of the person filed. When the Office serves a document by Other Documents. who is required to sign. If a pleading, mo- FAX, the time displayed as sent by the Office (a) Filing with the Office; Number and For- tion, or other filing is signed in violation of on its FAX status report will be used to show mat. One copy of requests for counseling and this rule, a Hearing Officer or the Board, as

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.071 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7375 appropriate, upon motion or upon ƒits≈ their (c) Revocation of a Designation of Rep- strictly confidential, except that the Office and own initiative,ƒshall≈ may impose ƒupon the resentative. A revocation of a designation of a covered employee may agree to notify the em- person who signed it, a represented party, or representative, whether made by the party or ploying office of the allegations. Section 416(b) both,≈ an appropriate sanction, which may by the representative with notice to the provides that all mediation shall be strictly con- include ƒan order to pay to the other party or party, must be made in writing and filed with fidential. Section 416(c) provides that all pro- parties the amount of the reasonable expenses the Office. The revocation will be deemed ef- ceedings and deliberations of Hearing Officers incurred because of the filing of the pleading, fective the date of receipt by the Office. At and the Board, including any related records motion, or other filing, including a reasonable the discretion of the Executive Director, Gen- shall be confidential, except for release of attorney’s fee. A Hearing Officer or the Board, eral Counsel, mediator, hearing officer, or records necessary for judicial actions, access by as appropriate, upon motion or its own initia- Board, additional time may be provided to certain committees of Congress, and, in accord- tive may also impose an appropriate sanction, allow the party to designate a new represent- ance with section 416(f), publication of certain which may include≈ the sanctions specified in ative as consistent with the Act. final decisions. Section 416(c) does not apply to section 7.02 ƒ, for any other violation of these ƒ§ 1.06≈ § 1.08 ƒMaintenance of≈ Confiden- proceedings under section 215 of the Act, but rules that does not result from reasonable tiality. does apply to the deliberations of Hearing Offi- error≈. (a) Policy.ƒIn accord with section 416 of the cers and the Board under section 215. See also ƒ ≈ Act, it is the policy of≈ Except as provided in sections 1.06, 5.04, and 7.12 of these rules. § 1.04 § 1.06 Availability of Official Informa- (b) Prohibition. Unless specifically authorized sections 416(d), (e), and (f) of the Act, the Of- tion. by the provisions of the CAA or by order of the fice ƒto≈ shall maintain ƒ, to the fullest extent (a) Policy. It is the policy of the Board, the Board, the Hearing Officer or a court, or by the possible, the≈ confidentiality in counseling, ƒOffice≈ Executive Director, and the General procedural rules of the Office, no participant in mediation, and ƒof≈ the proceedings and de- Counsel, except as otherwise ordered by the counseling, mediation or other proceedings made liberations of hearing officers and the Board Board, to make available for public inspec- confidential under section 416 of the CAA in accordance with sections 416(a),(b), and (c) tion and copying final decisions and orders of (‘‘confidential proceedings’’) may disclose the of the Act. ƒof the participants in proceedings the Board and the Office, as specified and de- contents or records of those proceedings to any conducted under sections 402, 403, 405 and 406 of scribed in paragraph (d) below. person or entity, Nothing in these rules pro- the Act and these rules.≈ ..... (b)ƒAt the time that any individual, employ- hibits a bona fide representative of a party (c) Copies of Forms. Copies of blank forms ing office or party, including a designated rep- under section 1.05 from engaging in communica- prescribed by the Office for the filing of com- resentative, becomes a participant in counseling tions with that party for the purpose of partici- plaints and other actions or requests may be under section 402, mediation under section 403, pation in the proceedings, provided that such disclosure is not made in the presence of individ- obtained from the Office or on line at the complaint and hearing process under section uals not reasonably necessary to the representa- www.compliance.gov. 405, or an appeal to the Board under section 406 tive’s representation of that party. Moreover, ..... of the Act, or any related proceeding, the Office will advise the participant of the confidentiality nothing in these rules prohibits a party or its (f) Access by Committees of Congress. ƒAt the requirements of section 416 of the Act and these representative from disclosing information ob- discretion of the Executive Director, the≈ The rules and that sanctions may be imposed for a tained in confidential proceedings for the lim- Executive Director, at his or her discretion, violation of those requirements.≈ Participant. ited purposes of investigating claims, ensuring may provide to the Committee on Standards For the purposes of this rule, participant compliance with the Act or preparing its pros- of Official Conduct of the House of Rep- means an individual or entity who takes part ecution or defense, to the extent that such dis- resentatives (House Committee on Ethics) as either a party, witness, or designated rep- closure is reasonably necessary to accomplish and the Select Committee on Ethics of the resentative in counseling under Section 402 the aforementioned purposes and provided that Senate (Senate Select Committee on Ethics) of the Act, mediation under section 403, the the party making the disclosure takes all rea- access to the records of the hearings and de- complaint and hearing process under section sonably appropriate steps to ensure that persons cisions of the Hearing Officers and the 405, or an appeal to the Board under Section to whom the information is disclosed maintain Board, including all written and oral testi- 406 of the Act, or any related proceeding the confidentiality of such information. mony in the possession of the Office. The which is expressly or by necessity deemed (c) Participant. For the purposes of this rule, identifying information in these records may confidential under the Act or these rules. participant means any individual or party, in- be redacted at the discretion of the Execu- (c) Prohibition. Unless specifically author- cluding a designated representative, that be- tive Director. The Executive Director shall ized by the provisions of the Act or by these comes a participant in counseling under section not provide such access until the Executive rules, no participant in counseling, mediation 402, mediation under section 403, the complaint Director has consulted with the individual or other proceedings made confidential and hearing process under section 405, or an ap- filing the complaint at issue, and until a under Section 416 of the Act (‘‘confidential peal to the Board under section 406 of the Act, final decision has been entered under section proceedings’’) may disclose a written or oral or any related proceeding which is expressly or 405(g) or 406(e) of the Act. communication that is prepared for the pur- by necessity deemed confidential under the Act ƒ§ 1.05≈§ 1.07 Designation of Representative. pose of or that occurs during counseling, me- or these rules. ƒ diation, and the proceedings and delibera- (d) Contents or Records of Confidential Pro- (a) An employee, other charging individual ceedings. For the purpose of this rule, the con- or≈ party ƒa witness, a labor organization, tions of hearing officers and the Board. A (d) Exceptions. Nothing in these rules pro- tents or records of counseling, mediation or an employing office, or an entity alleged to be other proceeding includes information disclosed ≈ hibits a party or its representative from dis- responsible for correcting a violation wishing closing information obtained in confidential by participants to the proceedings, and records ƒ ≈ to be represented by another individual, proceedings when reasonably necessary to disclosed by either the opposing party, witnesses must file with the Office a written notice of investigate claims, ensure compliance with or the Office. A participant is free to disclose designation of representative. No more than the Act or prepare its prosecution or defense. facts and other information obtained from any ƒ ≈ one representative, or firm, or other entity However, the party making the disclosure source outside of the confidential proceedings. may be designated as representative for a shall take all reasonably appropriate steps to For example, an employing office or its rep- party, unless approved in writing by the ensure that persons to whom the information resentatives may disclose information about its Hearing Officer or Executive Director. The is disclosed maintain the confidentiality of employment practices and personnel actions, representative may be, but is not required to such information. These rules do not pre- provided that the information was not obtained be, an attorney. If the representative is an clude a mediator from consulting with the in a confidential proceeding. However, an em- attorney, he or she may sign the designation Office, except that when the covered employee who obtains that information in medi- of representative on behalf of the party. ployee is an employee of the Office a mediation or other confidential proceeding may not (b) Service Where There is a Representative. ator shall not consult with any individual disclose such information. Similarly, informa- ƒAll service≈ Service of documents shall be within the Office who might be a party or tion forming the basis for the allegation of a ƒdirected to≈ on the representative unless witness. These rules do not preclude the Of- complaining employee may be disclosed by that and until such time as the represented ƒindi- fice from reporting statistical information to employee, provided that the information con- vidual, labor organization, or employing office≈ the Senate and House of Representatives. tained in those allegations was not obtained in party or representative, with notice to the (e) Waiver. Participants may agree to waive a confidential proceeding. However, the employ- party, ƒspecifies otherwise and until such time confidentiality. Such a waiver must be in ing office or its representatives may not disclose as that individual, labor organization, or em- writing and provided to the Office. that information if it was obtained a confiden- ploying office≈ notifies the Executive Direc- (f) Sanctions. The Office will advise the tial proceeding. tor, in writing, of ƒan amendment≈ a modi- participants of the confidentiality require- (e) Violation of Confidentiality. Any com- fication or revocation of the designation of ments of Section 416 of the Act and that sanc- plaint regarding a violation of the confiden- representative. Where a designation of rep- tions may be imposed by the Hearing Officer tiality provisions must be made to the Executive resentative is in effect, all time limitations for a violation of those requirements. No Director no later than 30 days after the date of for receipt of materials ƒby the represented sanctions may be imposed except for good the alleged violation. Such complaints may be individual or entity≈ shall be computed in the cause and the particulars of which must be referred by the Executive Director to a Hearing same manner as for those who are unrepre- stated in the sanction order. Officer. The Hearing Officer is also authorized sented ƒindividuals or entities≈, with service ƒ§ 1.07 Breach of Confidentiality Provisions. to initiate proceedings on his or her own initia- of the documents, however, directed to the (a) In General. Section 416(a) of the CAA pro- tive, or at the direction of the Board, if the al- representativeƒ, as provided≈. vides that counseling under section 402 shall be leged violation occurred in the context of Board

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.073 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7376 CONGRESSIONAL RECORD — HOUSE September 9, 2014 proceedings. Upon a finding of a violation of (b) Who May Request Counseling. A covered ning on the date that the request for coun- the confidentiality provisions, the Hearing Offi- employee who, in good faith, believes that he seling is ƒreceived by the Office≈ filed by the cer, after notice and hearing, may impose an ap- or she has been or is the subject of a viola- employee in accordance with section 1.03(a) propriate sanction, which may include any of tion of the Act as referred to in section of these rules, unless the employee requests the sanctions listed in section 7.02 of these rules, 2.01(a) may formally request counseling. in writing on a form provided by the Office as well as any of the following: ..... to reduce the period and the ƒOffice≈ Execu- (1) an order that the matters regarding which tive Director agrees ƒto reduce the period≈. (d) ƒPurpose≈ Overview of the Counseling Pe- the violation occurred or any other designated ƒ(h)≈ (j) Role of Counselor in Attempting In- riod. The Office will maintain strict confiden- facts shall be taken to be established against the formal Resolution. In order to attempt to re- tiality throughout the counseling period. The violating party for the purposes of the action in solve the matter brought to the attention of ƒpurpose of the≈ counseling period ƒshall≈ accordance with the claim of the other party; the counselor, the counselor must obtain a should be used: to discuss the employee’s (2) an order refusing to allow the violating waiver of confidentiality pursuant to section concerns and elicit information regarding party to support or oppose designated claims or 2.03(e)(2) of these rules. If the employee exe- the matter(s) which the employee believes defenses, or prohibiting him from introducing cutes such a waiver, the counselor may: constitute a violation(s) of the Act; to advise designated matters in evidence; (1) conduct a limited inquiry for the pur- the employee of his or her rights and respon- (3) an order striking out pleadings or parts pose of obtaining any information necessary sibilities under the Act and the procedures of thereof, or staying further proceedings until the to attempt an informal resolution or formal the Office under these rules; to evaluate the order is obeyed, or dismissing with or without settlement; matter; and to assist the employee in achiev- prejudice the action or proceedings or any part (2) reduce to writing any formal settlement ing an early resolution of the matter, if pos- thereof, or rendering a judgment by default achieved and secure the signatures of the sible. against the violating party; employee, his or her representative, if any, (e) Confidentiality and Waiver. and a member of the employing office who is (4) in lieu of any of the foregoing orders or in (1) Absent a waiver under paragraph 2, addition thereto, the Hearing Officer shall reauthorized to enter into a settlement on the below, all counseling shall be kept strictly quire the party violating the confidentiality pro- employing office’s behalf; and, pursuant to confidential and shall not be subject to dis- visions or the representative advising him, or section 414 of the Act and section 9.05 of covery. All participants in counseling shall both, to pay, at such time as ordered by the these rules, seek the approval of the Execu- be advised of the requirement for confiden- Hearing Officer, the reasonable expenses, in- tive Director. Nothing in this subsection, tiality and that disclosure of information cluding attorney fees, caused by the violation, however, precludes the employee, the em- deemed confidential could result in sanctions unless the Hearing Officer finds that the failure ploying office or their representatives from later in the proceedings. Nothing in these reducing to writing any formal settlement. was substantially justified or that other cir- rules shall prevent a counselor from con- cumstances make an award of expenses unjust. (k) Duty to Proceed. An employee who initi- sulting with personnel within the Office con- ates a proceeding under this part shall be re- Such an order shall be subject to review on ap- cerning a matter in counseling, except that, peal of the final decision of the Hearing Officer sponsible at all times for proceeding, regard- when the person being counseled is an em- less of whether he or she has designated a under section 406 of the Act. No sanctions may ployee of the Office, the counselor shall not be imposed under this section except for good representative, and shall notify the Office in consult with any individual within the Office writing of any change in pertinent contact cause and the particulars of which must be stat- who might be a party or witness without the ed in the sanction order.≈ information, such as address, e-mail, fax consent of the person requesting counseling. number, etc. An employee, however, may Subpart B—Pre-Complaint Procedures Appli- Nothing contained in these rules shall pre- withdraw from counseling once without prej- cable to Consideration of Alleged Viola- vent the Executive Director from compiling udice to the employee’s right to reinstate tions of Part A of Title II of the Congres- and publishing statistical information such counseling regarding the same matter, pro- sional Accountability Act of 1995 as that required by Section 301(h)(3) of the vided that the request to reinstate coun- § 2.01 Matters Covered by Subpart B Act. ƒso long as that statistical information seling must be in writing and is ƒreceived in≈ § 2.02 Requests for Advice and Information does not reveal the identity of the employees in- filed with the Office not later than 180 days § 2.03 Counseling volved or of employing offices that are the sub- after the date of the alleged violation of the § 2.04 Mediation ject of a request for counseling.≈ Act and that counseling on a single matter § 2.05 Election of Proceedings (2) The employee and the Office may agree will not last longer than a total of 30 days. § 2.06 Filing of Civil Action to waive confidentiality ƒof≈ during the (l) Conclusion of the Counseling Period and § 2.01 Matters Covered by Subpart B. counseling process for the limited purpose of Notice. The Executive Director shall notify allowing the Office ƒcontacting the employing the employee in writing of the end of the (a) These rules govern the processing of office≈ to ƒobtain information≈ notify the em- counseling periodƒ,≈ by ƒcertified mail, return any allegation that sections 201 through 206 ploying office of the allegations.ƒto be used in receipt requested,≈ first class mail, ƒor by≈ of the Act have been violated and any allega- counseling the employee or to attempt a resolu- personal delivery evidenced by a written re- tion of intimidation or reprisal prohibited tion of any disputed matter(s).≈ Such a limited ceipt, or electronic transmission. The Execu- under section 207 of the Act. Sections 201 waiver must be written on the form supplied tive Director, as part of the notification of through 206 of the Act apply to covered em- by the Office and signed by both the coun- the end of the counseling period, shall in- ployees and employing offices certain rights selor and the employee. form the employee of the right and obliga- and protections of the following laws: ..... tion, should the employee choose to pursue ..... (g) Role of Counselor ƒin Defining Concerns≈. his or her claim, to file with the Office a re- (10) Chapter 35 (relating to veteran’s pref- The counselor ƒmay≈ shall: quest for mediation within 15 days after re- erence) of title 5, United States Code (1) obtain the name, home and office mail- ceipt by the employee of the notice of the (11) Genetic Information Nondiscrimina- ing and e-mail addresses, and home and of- end of the counseling period. tion Act of 2008. fice telephone numbers of the person being (m) Employees of the Office of the Architect (b) This subpart applies to the covered em- counseled; of the Capitol and Capitol Police. (1) Where an employee of the Office of the ployees and employing offices as defined in (2) obtain the name and title of the per- Architect of the Capitol or of the Capitol Po- section 1.02(b) and (h) of these rules and any son(s) whom the employee claims has en- lice requests counseling under the Act and activities within the coverage of sections 201 gaged in a violation of the Act, e-mail ad- these rules, the Executive Director, in his or through 206(a) and 207 of the Act and ref- dress, if known, and the employing office in , may recommend that the erenced above in section 2.01(a) of these which this person(s) works; her sole discretion rules. employee use the ƒgrievance≈ internal proce- ..... ***** dures of the Architect of the Capitol or the (5) obtain the name, business and e-mail Capitol Police pursuant to a Memorandum of § 2.03 Counseling. addresses, and telephone number of the em- Understanding (MOU) between the Architect (a) Initiating a Proceeding; Formal Request ployee’s representative, if any, and whether of the Capitol and the Office or the Capitol for Counseling. ƒIn order≈ To initiate a pro- the representative is an attorney. Police and the Office addressing certain proceeding under these rules regarding an al- ƒ(i)¿(h)Counselor Not a Representative. The cedural and notification requirements. The leged violation of the Act, as referred to in counselor shall inform the person being term ‘‘ƒgrievance≈ internal procedure(s)’’ re- section 2.01(a), above, an employee shall file counseled that the counselor does not rep- fers to any internal procedure of the Archi- a written request for counseling with the Of- resent either the employing office or the em- tect of the Capitol and the Capitol Police, in- ficeƒ≈. øregarding an alleged violation of the ployee. The counselor provides information cluding grievance procedures referred to in Act, as referred to in section 2.01(a), above.¿ regarding the Act and the Office and may act section 401 of the Act, that can provide a res- The written formal request for counseling as a third-party intermediary with the goals olution of the matter(s) about which coun- should be on an official form provided by the of increasing the individual’s understanding seling was requested. Pursuant to section 401 Office and can be found on the Office’s of his or her rights and responsibilities under of the Act when the Executive Director website at www.compliance.gov. ƒAll requests the Act and of promoting the early resolu- makes such a recommendation, the following for counseling shall be confidential, unless the tion of the matter. procedures shall apply: employee agrees to waive his or her right to con- ƒ(j)≈ (i) Duration of Counseling Period. The (i) The Executive Director shall rec- fidentiality under section 2.03(e)(2), below.≈ period for counseling shall be 30 days, begin- ommend in writing to the employee that the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.074 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7377 employee use an ƒgrievance≈ internal proce- these rules within 180 days after the alleged the parties expect to conclude their discus- dure of the Architect of the Capitol or of the violation occurred. sions. Requests for additional extensions Capitol Police, as appropriate, for a period (4) Notice in Final Decisions when There may be made in the same manner. Approval generally up to 90 days, unless the Executive Has Been a Recommendation by the Execu- of any extensions shall be within the sole Director determines, in writing, that a longer tive Director. When the Executive Director discretion of the ƒOffice≈ Executive Director. period is appropriate ƒfor resolution of the em- has made a recommendation under para- (f) Procedures. ployee’s complaint through the grievance proce- graph 1 above, the Architect of the Capitol (1) The ƒNeutral’s≈ Mediator’s Role. After ƒ ≈ dures of the Architect of the Capitol or the Cap- or the Capitol Police ƒBoard should≈ shall, assignment of the case, the neutral medi- itol Police≈. Once the employee notifies the pursuant to the MOU with the Office, include ator will promptly contact the parties. The ƒ ≈ Office that he or she is using the internal with the final decision notice to the em- neutral mediator has the responsibility to procedure, the employee shall provide a ployee of his or her right to resume the pro- conduct the mediation, including deciding waiver of confidentiality to allow the Execu- cedures under these rules within 20 days how many meetings are necessary and who ƒ tive Director to notify the Architect of the after service on the employee of the final de- may participate in each meeting. The neu- ≈ Capitol or the Capitol Police that the em- cision and shall transmit a copy of the final tral mediator may accept and may ask the ployee will be using the internal procedure. decision, settlement agreement, or other parties to provide written submissions. (2) The Agreement to Mediate. At the com- (ii) The period during which the matter is final disposition of the case to the Executive mencement of the mediation, the ƒneutral≈ pending in the internal procedure shall not Director. will ask the ƒparties≈ count against the time available for coun- mediator participants § 2.04 Mediation. to sign an agree- seling or mediation under the Act. and/or their representatives (a) ƒ ¿ Mediation is a (iii) If the dispute is resolved to the em- Explanation Overview. ment prepared by the Office (‘‘the Agree- process in which employees, employing of- ployee’s satisfaction, the employee shall so ment to Mediate’’). The Agreement to Medi- fices and their representatives, if any, meet notify the Office within 20 days after the em- ate will define what is to be kept confidential separately and/or jointly with a ƒneutral≈ set out the conditions ployee has been served with a final decision. during mediation and ƒ(ii)≈ (iv) After ƒhaving contacted the Office mediator trained to assist them in resolving under which mediation will occur, including ƒ ≈ and having utilized≈ using the ƒ grievance≈ in- disputes. As parties to participants in the the requirement that the participants adhere ternal procedures ƒof the Architect of the Cap- mediation, employees, employing offices, to the confidentiality of the process and a itol or of the Capitol Police≈, the employee and their representatives discuss alter- notice that a breach of the mediation agree- may notify the Office that he or she wishes natives to continuing their dispute, includ- ment could result in sanctions later in the to return to the procedures under these ing the possibility of reaching a voluntary, proceedings. The Agreement to Mediate will ƒ rules: mutually satisfactory resolution. The neu- also provide that the parties to the medi- (A) within 60 days after the expiration of tral≈ mediator has no power to impose a spe- ation will not seek to have the counselor or ƒ ≈ the period recommended by the Executive cific resolution, and the mediation process, the neutral mediator participate, testify or Director, or longer if the Executive Director whether or not a resolution is reached, is otherwise present evidence in any subse- has extended the time period, if the matter strictly confidential, pursuant to section 416 quent administrative action under section has not resulted in a final decision or a deci- of the Act. 405 or any civil action under section 408 of sion not to proceed; or (b) Initiation. Not more than 15 days after the Act or any other proceeding. (B) within 20 days after service of a final receipt by the employee of the notice of the (g) Who May Participate. The covered em- ployeeƒ,≈ the employing office ƒ, their decision or a decision not to proceed, result- conclusion of the counseling period under and respective representatives, and the Office may ing from the ƒgrievance≈ internal procedures section 2.03(l), the employee may file with meet, jointly or separately, with the neutral. A ƒof the Architect of the Capitol or of the Capitol the Office a written request for mediation. representative of the employee and a representa- Police Board.≈ Except to provide for the services of a medi- ƒ(iii) The period during which the matter is ator and notice to the employing office, the tive of the employing who has actual authority pending in the internal grievance procedure invocation of mediation shall be kept con- to agree to a settlement agreement on behalf of shall not count against the time available for fidential by the Office. The request for medi- the employee or the employing office, as the case counseling or mediation under the Act. If the ation shall contain the employee’s name, may be, must be present at the mediation or grievance is resolved to the employee’s satisfac- home and e-mail addresses, ƒand≈ telephone must be immediately accessible by telephone during the mediation .≈ tion, the employee shall so notify the Office number, and the name of the employing of- may elect to partici- within 20 days after the employee has received fice that is the subject of the request. Fail- pate in mediation proceedings through a des- service of the final decision resulting from the ure to request mediation within the pre- ignated representative, provided, that the grievance procedure. If no request to return to scribed period ƒwill≈ may preclude the em- representative has actual authority to agree to a settlement agreement or has immediate the procedures under these rules is received ployee’s further pursuit of his or her claim. access by telephone to someone with actual within 60 days after the expiration of the period If a request for mediation is not filed within settlement authority, and provided further, recommended by the Executive Director the Of- 15 days of receipt of a Notice of the End of that should the mediator deem it appropriate fice will issue a Notice of End of Counseling, as Counseling, without good cause shown, the at any time, the physical presence in medi- specified in section 2.04(i) of these Rules.≈ case will be closed and the employee will be ation of any party may be required. The Of- (v) If a request to return to counseling is so notified. fice may participate in the mediation process not made by the employee within the time ..... through a representative and/or observer. periods outlined above, the Office will issue a (d) Selection of ƒNeutrals≈ Mediators; Dis- The mediator will determine, as best serves Notice of the End of Counseling. qualification. Upon receipt of the request for (2) Notice to Employees who Have Not Ini- the interests of mediation, whether the par- mediation, the Executive Director shall as- tiated Counseling with the Office. When an ticipants may meet jointly or separately with sign one or more ƒneutrals≈ mediators to employee of the Architect of the Capitol or the mediator. commence the mediation process. In the (h) Informal Resolutions and Settlement the Capitol Police raises in the internal pro- event that a ƒneutral≈ mediator considers Agreements. At any time during mediation cedures of the Architect of the Capitol or of him or herself unable to perform in a neutral the parties may resolve or settle a dispute in the Capitol Police ƒBoard≈ an allegation role in a given situation, he or she shall accordance with section ƒ9.05≈ 9.03 of these which may also be raised under the proce- withdraw from the matter and immediately rules. dures set forth in this subpart, the Architect shall notify the Office of the withdrawal. (i) Conclusion of the Mediation Period and of the Capitol or the Capitol Police ƒBoard Any party may ask the Office to disqualify a Notice. If, at the end of the mediation period, should≈ shall, in accordance with the MOU ƒneutral≈ mediator by filing a written re- the parties have not resolved the matter with the Office, advise the employee in writ- quest, including the reasons for such request, that forms the basis of the request for medi- ing that a request for counseling about the with the Executive Director. This request ation, the Office shall provide the employee, allegation must be initiated with the Office shall be filed as soon as the party has reason and the employing office, and their rep- within 180 days after the alleged violation of to believe there is a basis for disqualifica- resentatives, with written notice that the law occurred if the employee intends to use tion. The Executive Director’s decision on mediation period has concluded. The written the procedures of the Office. ƒ ≈ ƒ this request shall be final and unreviewable. notice to the employee will be sent by cer- (3) Notice in Final Decisions when Employ- ≈ (e) Duration and Extension. tified mail, return receipt requested, or will be ees Have Not Initiated Counseling with the personally delivered evidenced by a written ..... Office. When an employee raises in the inter- receipt, or sent by first class mail, e-mail, or nal procedures of the Architect of the Cap- (2) The ƒOffice≈ Executive Director may ex- fax. ƒ, and it≈ The notice will specify the itol or of the Capitol Police ƒBoard≈ an alle- tend the mediation period upon the joint mode of delivery and also ƒnotify≈ provide gation which may also be raised under the written request of the parties, or of the ap- information about the employee’s ƒof his or procedures set forth in this subpart, any pointed mediator on behalf of the partiesƒ, to her≈ right to elect to file a complaint with ƒfinal≈ decision issued ƒpursuant to the proce- the attention of the Executive Director≈. The the Office in accordance with section 405 of dures of the Architect of the Capitol or of the request shall be written and filed with the the Act and section 5.01 of these rules or to Capitol Police Board should≈ under such pro- ƒOffice≈ Executive Director no later than the file a civil action pursuant to section 408 of cedure, shall, pursuant to the MOU with the last day of the mediation period. The request the Act and section ƒ2.06≈ 2.07 of these rules. Office, include notice to the employee of his shall set forth the joint nature of the request (j) Independence of the Mediation Process or her right to initiate the procedures under and the reasons therefore, and specify when and the ƒNeutral≈ Mediator. The Office will

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.075 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7378 CONGRESSIONAL RECORD — HOUSE September 9, 2014 maintain the independence of the mediation § ƒ2.06≈ 2.07 Filing of Civil Action. (1) Any person who believes that a viola- process and the ƒneutral≈ mediator. No indi- ..... tion of section 210 of the CAA exists in any vidual, who is appointed by the Executive facility of a covered entity may request an in- (c) Communication Regarding Civil Actions Director to mediate, may conduct or aid in a spection of such facility by giving notice of Filed with District Court. The party filing any hearing conducted under section 405 of the the alleged violation to the General Counsel. civil action with the United States District Act with respect to the same matter or shall Any such notice shall be reduced to writing Court pursuant to sections 404(2) and 408 of be subject to subpoena or any other compul- on a form available from the Office, shall set the Act shall provide a written notice to the sory process with respect to the same mat- forth with reasonable particularity the Office that the party has filed a civil action, ter. grounds for the notice, and shall be signed by ƒ(k) Confidentiality. Except as necessary to specifying the district court in which the the person or the representative of the per- consult with the parties, the parties’ their coun- civil action was filed and the case number. son. A copy shall be provided to the covered sel or other designated representatives, the par- Failure to notify the Office that such action entity or its agent by the General Counsel or ties to, the mediation, the neutral and the Office has been filed may result in delay in the the General Counsel’s designee no later than shall not disclose, in whole or in part, any in- preparation and receipt of the Certification at the time of inspection, except that, upon formation or records obtained through, or pre- of the Official Record. the written request of the person giving such pared specifically for, the mediation process. Subpart C—Compliance, Investigation, and notice, his or her name and the names of in- This rule shall not preclude a neutral from con- Enforcement under Section 210 of the CAA dividual employees referred to therein shall sulting with the Office, except that when the (ADA Public Services)—Inspections and not appear in such copy or on any record covered employee is an employee of the Office a Complaints published, released, or made available by the neutral shall not consult with any individual § 3.01 Purpose and Scope General Counsel. If the person making the re- within the Office who might be a party or wit- § 3.02 Authority for Inspection quest is a qualified individual with a disability, as defined by section 201(2) of the ness. This rule shall also not preclude the Office § 3.03 Request for Inspections by Members of Americans with Disabilities Act of 1990 (ADA) from reporting statistical information to the the Public (42 U.S.C. 12131(2)), the request for inspec- Senate and House of Representatives that does § 3.04 Objection to Inspection tion shall be considered a charge of discrimi- not reveal the identity of the employees or em- § 3.05 Entry Not a Waiver nation within the meaning of section ploying offices involved in the mediation. All § 3.06 Advance Notice of Inspection 210(d)(1) of the CAA. parties to the action and their representatives § 3.07 Conduct of Inspections will be advised of the confidentiality require- (2) If upon receipt of such notification the § 3.08 Representatives of Covered Entities General Counsel’s designee determines that ments of this process and of the sanctions that § 3.09 Consultation with Individuals with the notice meets the requirements set forth might be imposed for violating these require- Disabilities in subparagraph (1) of this section, and that ments.≈ § 3.10 Inspection Not Warranted; Informal (k) Violation of Confidentiality in Medi- there are reasonable grounds to believe that Review the alleged violation exists, he or she shall ation. An allegation regarding a violation of § 3.11 Charge filed with the General Counsel the confidentiality provisions may be made cause an inspection to be made as soon as § 3.12 Service of charge or notice of charge practicable, to determine if such alleged vio- by a party in a mediation to the mediator § 3.13 Investigations by the General Counsel during the mediation period and, if not relation exists. Inspections under this section § 3.14 Mediation shall not be limited to matters referred to in solved by agreement in mediation, to a Hear- § 3.15 Dismissal of charge ing Officer during proceedings brought the notice. § 3.16 Complaint by the General Counsel (3) Prior to or during any inspection of a under Section 405 of the Act. § 3.17 Settlement facility, any person may notify the General ..... § 3.18 Compliance date Counsel’s designee, in writing, of any viola- § 2.05 Election of Proceeding. § 3.01 Purpose and Scope. tion of section 210 of the CAA which he or (a) Pursuant to section 404 of the Act, not The purpose of sections 3.01 through 3.18 of she has reason to believe exists in such facil- later than 90 days after a covered employee this subpart is to prescribe rules and proce- ity. Any such notice shall comply with the re- receives notice of the end of mediation under dures for enforcement of the inspection and quirements of subparagraph (1) of this sec- section 2.04(i) of these rules but no sooner complaint provisions of sections 210(d) and tion. (b) By Covered Entities. Upon written re- than 30 days after that date, the covered em- (f) of the CAA. For the purpose of sections quest of any covered entity, the General ployee may either: 3.01 through 3.18, references to the ‘‘General Counsel or the General Counsel’s designee ..... Counsel’’ include any authorized representa- shall inspect and investigate facilities of cov- (2) file a civil action in accordance with tive of the General Counsel. In situations ered entities under section 210(d) of the CAA. section 408 of the Act and section 2.06 2.07, where sections 3.01 through 3.18 set forth Any such requests shall be reduced to writ- below in the United States ƒDistrict Court≈ general enforcement policies rather than ing on a form available from the Office. district court for the district in which the substantive or procedural rules, such policies employee is employed or for the District of may be modified in specific circumstances § 3.04 Objection to Inspection. Columbia. where the General Counsel or the General Upon a refusal to permit the General Coun- (b) A covered employee who files a civil ac- Counsel’s designee determines that an alter- sel’s designee, in exercise of his or her offi- tion pursuant to section ƒ2.06≈ 408 of the Act native course of action would better serve cial duties, to enter without delay and at rea- and section 2.07 below, may not thereafter the objectives of section 210 of the CAA. sonable times any place of employment or file a complaint under section any place therein, to inspect, to review 405 of the Act § 3.02 Authority for Inspection. and section 5.01 below on the same matter. records, or to question any covered entity, (a) Under section 210(f)(1) of the CAA, the § 2.06 Certification of the Official Record operator, agent, or employee, in accordance General Counsel is authorized to enter with- with section 3.02 or to permit a representa- (a) Certification of the Official Record shall out delay and at reasonable times any facility tive of employees to accompany the General contain the date the Request for Counseling of any entity listed in section 210(a) (‘‘cov- Counsel’s designee during the physical in- was made; the date and method of delivery ered entities’’), to inspect and investigate spection of any facility in accordance with the Notification of End of Counseling Period during regular working hours and at other section 3.07, the General Counsel’s designee was sent to the complainant; the date the No- reasonable times, and within reasonable lim- shall terminate the inspection or confine the tice was deemed by the Office to have been its and in a reasonable manner, any facility, inspection to other areas, conditions, struc- received by the complainant; the date the Re- and all pertinent conditions, structures, ma- tures, machines, apparatus, devices, equip- quest for Mediation was filed; the date and chines, apparatus, devices, equipment and ment, materials, records, or interviews con- method of delivery the Notification of End of materials therein; to question privately any cerning which no objection is raised. The Mediation Period was sent to the complain- covered entity, employee, operator, or agent; General Counsel’s designee shall endeavor to ant; and the date the Notice was deemed by and to review records maintained by or ascertain the reason for such refusal, and the Office to have been received by the com- under the control of the covered entity. shall immediately report the refusal and the plainant. (b) Prior to inspecting areas containing in- reason therefor to the General Counsel, who (b) At any time after a complaint has been formation which is classified by an agency of shall take appropriate action. filed with the Office in accordance with sec- the United States Government (and/or by any § 3.05 Entry Not a Waiver. tion 405 of the Act and the procedure set out congressional committee or other authorized in section 5.01, below; or a civil action filed Any permission to enter, inspect, review entity within the Legislative Branch) in the records, or question any person, shall not in accordance with section 408 of the Act and interest of national security, and for which section 2.07 below in the United States dis- imply or be conditioned upon a waiver of any security clearance is required as a condition cause of action under section 210 of the CAA. trict court, a party may request and receive for access to the area(s) to be inspected, the § 3.06 Advance Notice of Inspections. from the Office Certification of the Official individual(s) conducting the inspection shall Record. have obtained the appropriate security clear- (a) Advance notice of inspections may not (c) Certification of the Official Record will ance. be given, except in the following situations: not be provided until after a complaint has (1) in circumstances where the inspection been filed with the Office or the Office has § 3.03 Requests for Inspections by Members can most effectively be conducted after reg- been notified that a civil action has been of the Public and Covered Entities. ular business hours or where special prep- filed in district court. (a) By Members of the Public. arations are necessary for an inspection;

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A charge may not be filed under section eral Counsel determines that the giving of not the requestor or an employee of the cov- 210 of the CAA by a covered employee alleg- advance notice would enhance the prob- ered entity (such as a sign language inter- ing employment discrimination on the basis ability of an effective and thorough inspec- preter, braille reader, architect or accessi- of disability; the exclusive remedy for such tion. bility expert) is reasonably necessary to the discrimination are the procedures under sec- (b) In the situations described in para- conduct of an effective and thorough phys- tion 201 of the CAA and subpart B of the Of- graph (a) of this section, advance notice of ical inspection of the workplace, such third fice’s procedural rules. inspections may be given only if authorized party may accompany the General Counsel’s (b) When to file. A charge under this sec- by the General Counsel or by the General designee during the inspection. tion must be filed with the General Counsel Counsel’s designee. (d) The General Counsel’s designee may not later than 180 days from the date of the § 3.07 Conduct of Inspections. deny the right of accompaniment under this alleged discrimination. (a) Subject to the provisions of section 3.02, section to any person whose conduct inter- (c) Form and Contents. A charge shall be inspections shall take place at such times feres with a fair and orderly inspection. With written or typed on a charge form available and in such places of employment as the Gen- regard to information classified by an agency from the Office. All charges shall be signed eral Counsel may direct. At the beginning of of the U.S. Government (and/or by any con- and verified by the qualified individual with an inspection, the General Counsel’s designee gressional committee or other authorized en- a disability (hereinafter referred to as the shall present his or her credentials to the op- tity within the Legislative Branch) in the in- ‘‘charging party’’), or his or her representa- erator of the facility or the management em- terest of national security, only persons au- tive, and shall contain the following informa- ployee in charge at the facility to be in- thorized to have access to such information tion: spected; explain the nature and purpose of may accompany the General Counsel’s des- (i) the full name, mail and e-mail addresses, the inspection; and indicate generally the ignee in areas containing such information. and telephone number(s) of the charging scope of the inspection and the records speci- § 3.09 Consultation with Individuals with party; fied in section 3.02 which he or she wishes to Disabilities (ii) the name, mail and e-mail addresses, review. However, such designation of records and telephone number of the covered The General Counsel’s designee may con- shall not preclude access to additional entit(ies) against which the charge is sult with individuals with disabilities con- records specified in section 3.02. brought, if known (hereinafter referred to as cerning matters of accessibility to the extent (b) The General Counsel’s designee shall the ’’ respondent’’); he or she deems necessary for the conduct of have authority to take or obtain photographs (iii) the name(s) and title(s) of the indian effective and thorough inspection. During related to the purpose of the inspection, em- vidual(s), if known, involved in the conduct the course of an inspection, any person shall ploy other reasonable investigative tech- that the charging party claims is a violation be afforded an opportunity to bring any vio- niques, and question privately, any covered of section 210 and/or the location and de- lation of section 210 of the CAA which he or entity, operator, agent or employee of a cov- scription of the places or conditions within she has reason to believe exists in the facility ered facility. As used herein, the term ‘‘em- covered facilities that the charging party to the attention of the General Counsel’s des- ploy other reasonable investigative tech- claims is a violation of section 210; ignee. niques’’ includes, but is not limited to, the (iv) a description of the conduct, locations, use of measuring devices, testing equipment, § 3.10 Inspection Not Warranted; Informal or conditions that form the basis of the or other equipment used to assess accessi- Review. charge, and a brief description of why the bility or compliance with the ADA Standards. (a) If the General Counsel’s designee deter- charging party believes the conduct, loca- (c) In taking photographs and samples, the mines that an inspection is not warranted be- tions, or conditions is a violation of section General Counsel’s designees shall take rea- cause there are no reasonable grounds to be- 210; and (v) the name, mail and e-mail ad- sonable precautions to insure that such ac- lieve that a violation exists under section 210 dresses, and telephone number of the rep- tions with flash, spark-producing, or other of the CAA, he or she shall notify the party resentative, if any, who will act on behalf of equipment would not be hazardous. The Gen- making the request of such determination. the charging party. eral Counsel’s designees shall comply with all The complaining party may obtain review of employing office safety and health rules and § 3.12 Service of charge or notice of charge. such determination by submitting a written practices at the workplace or location being Within ten (10) days after the filing of a statement of position with the General Coun- inspected, and they shall wear and use ap- charge with the General Counsel’s Office (ex- sel and, at the same time, providing the cov- propriate protective clothing and equipment. cluding weekends or holidays), the General ered entity with a copy of such statement. (d) The conduct of inspections shall be such Counsel shall serve the respondent with a The covered entity may submit an opposing as to preclude unreasonable disruption of the copy of the charge, except when it is deter- written statement of position with the Gen- operations of the covered entity. mined that providing a copy of the charge eral Counsel and, at the same time, provide (e) At the conclusion of an inspection, the would impede the law enforcement functions the complaining party with a copy of such General Counsel’s designee shall confer with of the General Counsel. Where a copy of the statement. Upon the request of the com- the covered entity or its representative and charge is not provided, the respondent will plaining party or the covered entity, the Gen- informally advise it of any apparent ADA vio- be served with a notice of the charge within eral Counsel, at his or her discretion, may lations disclosed by the inspection. During ten (10) days after the filing of the charge. hold an informal conference in which the such conference, the employing office shall The notice shall include the date, place and complaining party and the covered entity be afforded an opportunity to bring to the at- circumstances of the alleged violation of sec- may orally present their views. After consid- tention of the General Counsel’s designee any tion 210. The notice may not include the ering all written and oral views presented, pertinent information regarding accessibility identity of the person filing the charge if that the General Counsel shall affirm, modify, or in the facility. person has requested anonymity. (f) Inspections shall be conducted in ac- reverse the designee’s determination and fur- § 3.13 Investigations by the General Counsel. cordance with the requirements of this sub- nish the complaining party and the covered part. entity with written notification of this deci- The General Counsel or the General Coun- § 3.08 Representatives of Covered Entities. sion and the reasons therefor. The decision of sel’s designated representative shall prompt- the General Counsel shall be final and not rely investigate each charge alleging violations (a) The General Counsel’s designee shall be viewable. of section 210 of the CAA. As part of the in- in charge of inspections and questioning of (b) If the General Counsel’s designee deter- vestigation, the General Counsel will accept persons. A representative of the covered enti- mines that an inspection is not warranted be- any statement of position or evidence with ty shall be given an opportunity to accom- cause the requirements of section 3.03(a)(1) respect to the charge which the charging pany the General Counsel’s designee during have not been met, he or she shall notify the party or the respondent wishes to submit. the physical inspection of any facility for the complaining party in writing of such deter- The General Counsel will use other methods purpose of aiding such inspection. The Gen- mination. Such determination shall be with- to investigate the charge, as appropriate. eral Counsel’s designee may permit addi- out prejudice to the filing of a new notice of tional representatives from the covered enti- § 3.14 Mediation. alleged violation meeting the requirements of ty to accompany the designee where he or If, upon investigation, the General Counsel section 3.03(a)(1). she determines that such additional rep- believes that a violation of section 210 may resentatives will further aid the inspection. A § 3.11 Charge filed with the General Counsel. have occurred and that mediation may be different covered entity representative may (a) Who may file. helpful in resolving the dispute, the General accompany the General Counsel’s designee (1) Any qualified individual with a dis- Counsel may request, but not participate in, during each different phase of an inspection ability, as defined in section 201(2) of the mediation under subsections (b) through (d) if this will not interfere with the conduct of Americans with Disabilities Act of 1990 (42 of section 403 of the CAA and the Office’s pro- the inspection. U.S.C. 12131(2)), as applied by section 210 of cedural rules thereunder, between the charg- (b) The General Counsel’s designee shall the CAA, who believes that he or she has ing party and any entity responsible for cor- have authority to resolve all disputes as to been subjected to discrimination on the basis recting the alleged violation.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.078 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7380 CONGRESSIONAL RECORD — HOUSE September 9, 2014 § 3.15 Dismissal of charge. Inspections, Citations and Complaints mal conference in which the complaining Where the General Counsel determines that ***** party and the employing office may orally present their views. After considering all a complaint will not be filed, the General § 4.02 Authority for Inspection. Counsel shall dismiss the charge. written and oral views presented, the Gen- (a) Under section 215(c)(1) of the CAA, upon § 3.16 Complaint by the General Counsel. eral Counsel shall affirm, modify, or reverse written request of any employing office or the designee’s determination and furnish the (a) After completing the investigation, and covered employee, the General Counsel is au- complaining party and the employing office where mediation under section 3.14, if any, thorized to enter without delay and at rea- has not succeeded in resolving the dispute, with written notification of this decision and sonable times any place where covered em- the reasons therefor. The decision of the and where the General Counsel has not set- ployees work (‘‘place of employment’’) ≈of em- tled or dismissed the charge, and if the Gen- General Counsel shall be final and not re- ployment under the jurisdiction of an employing viewable. eral Counsel believes that a violation of sec- office≈; to inspect and investigate during reg- ***** tion 210 may have occurred, the General ular working hours and at other reasonable Counsel may file with the Office a complaint times, and within reasonable limits and in a § 4.11 Citations. against any entity responsible for correcting reasonable manner, any such place of em- (a) If, on the basis of the inspection, the the violation. ployment, and all pertinent conditions, General Counsel believes that a violation of (b) The complaint filed by the General structures, machines, apparatus, devices, any requirement of section 215 of the CAA, Counsel under subsection (a) shall be sub- equipment and materials therein; to ques- øor of¿ including any occupational safety or mitted to a hearing officer for decision pur- tion privately any employing office, oper- suant to subsections (b) through (h) of sec- health standard promulgated by the Sec- tion 405 of the CAA. Any person who has filed ator, agent or employee; and to review retary of Labor under Title 29 of the U.S. a charge under section 3.11 of these rules records maintained by or under the control Code, section 655, or of any other regulation ƒ ƒstandard≈, rule or order promulgated pursu- may intervene as of right with the full rights of the covered entity. required by the CAA of a party. The procedures of sections 405 and regulations promulgated thereunder, and ant to section 215 of the CAA, has occurred, through 407 of the CAA and the Office’s pro- other records which are directly related to the he or she shall issue to the employing office ≈ ƒ cedural rules thereunder shall apply to hear- purpose of the inspection. responsible for correction of the violation , ings and related proceedings under this sub- § 4.03 Requests for Inspections by Employees as determined under section 1.106 of the Board’s part. and Covered Employing Offices. regulations implementing section 215 of the CAA,≈ either a citation or a notice of de § 3.17 Settlement. (a) By Covered Employees and Representa- minimis violations that øhave¿ has no direct tives. Any settlement entered into by the parties or immediate relationship to safety or (1) Any covered employee or representative to any process described in section 210 of the health. An appropriate citation or notice of of covered employees who believes that a CAA shall be in writing and not become effec- de minimis violations shall be issued even violation of section 215 of the CAA exists in tive unless it is approved by the Executive though, after being informed of an alleged any place of employment ƒunder the jurisdic- Director under section 414 of the CAA and violation by the General Counsel, the em- tion of employing offices≈ may request an in- the Office’s procedural rules thereunder. ploying office immediately abates, or initi- spection of such place of employment by giv- § 3.18 Compliance Date. ates steps to abate, such alleged violation. ing notice of the alleged violation to the In any proceedings under this section, com- Any citation shall be issued with reasonable General Counsel. Any such notice shall be re- pliance shall take place as soon as possible, promptness after termination of the inspec- duced to writing on a form available from but not later than the fiscal year following tion. No citation may be issued under this the Office, shall set forth with reasonable the end of the fiscal year in which the order section after the expiration of 6 months fol- particularity the grounds for the notice, and requiring correction becomes final and not lowing the occurrence of any alleged viola- shall be signed by the employee or the rep- subject to further review. tion resentative of the employees. A copy shall be unless the violation is continuing or the Subpart D—Compliance, Investigation, En- provided to the employing office or its agent employing office has agreed to toll the dead- forcement and Variance Process under Sec- by the General Counsel or the General Coun- line for filing the citation. tion 215 of the CAA (Occupational Safety sel’s designee no later than at the time of in- ***** and Health Act of 1970)—Inspections, Cita- spection, except that, upon the written re- § 4.13 Posting of Citations. tions, and Complaints quest of the person giving such notice, his or (a) Upon receipt of any citation under sec- § 4.01 Purpose and Scope her name and the names of individual em- tion 215 of the CAA, the employing office § 4.02 Authority for Inspection ployees referred to therein shall not appear shall immediately post such citation, or a § 4.03 Request for Inspections by Employees in such copy or on any record published, re- copy thereof, unedited, at or near each place and Employing Offices leased, or made available by the General an alleged violation referred to in the cita- § 4.04 Objection to Inspection Counsel. tion occurred, except as provided below. § 4.05 Entry Not a Waiver ***** Where, because of the nature of the employ- § 4.06 Advance Notice of Inspection (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable § 4.07 Conduct of Inspections to post the citation at or near each place of § 4.08 Representatives of Employing Offices quest of any employing office, the General Counsel or the General Counsel’s designee alleged violation, such citation shall be post- and Employees ed, unedited, in a prominent place where it § 4.09 Consultation with Employees shall inspect and investigate places of em- ƒ will be readily observable by all affected em- § 4.10 Inspection Not Warranted; Informal ployment under the jurisdiction of employing offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- Review fices are engaged in activities which are § 4.11 Citations Any such requests shall be reduced to writing on a form available from the Office. physically dispersed, the citation may be § 4.12 Imminent Danger posted at the location to which employees ***** § 4.13 Posting of Citations report each day. Where employees do not pri- § 4.14 Failure to Correct a Violation for § 4.10 Inspection Not Warranted; Informal marily work at or report to a single location, Which a Citation Has Been Issued; Notice Review. the citation may be posted at the location of Failure to Correct Violation; Com- (a) If the General Counsel’s designee deter- from which the employees operate to carry plaint mines that an inspection is not warranted out their activities. When a citation contains § 4.15 Informal Conferences because there are no reasonable grounds to security information as defined in Title 2 of Rules of Practice for Variances, Limitations, believe that a violation or danger exists with the U.S. Code, section 1979, the General Variations, Tolerances, and Exemptions respect to a notice of violation under section Counsel may edit or redact the security in- § 4.20 Purpose and Scope 4.03(a), he or she shall notify the party giv- formation from the copy of the citation used § 4.21 Definitions ing the notice ƒin writing≈ of such deter- for posting or may provide to the employing § 4.22 Effect of Variances mination in writing. The complaining party office a notice for posting that describes the § 4.23 Public Notice of a Granted Variance, may obtain review of such determination by alleged violation without referencing the se- Limitation, Variation, Tolerance, or Ex- submitting and serving a written statement curity information. The employing office emption of position with the General Counselƒ,≈ and shall take steps to ensure that the citation § 4.24 Form of Documents ƒ, at the same time, providing≈ the employing or notice is not altered, defaced, or covered § 4.25 Applications for Temporary Variances office ƒwith a copy of such statement by cer- by other material. Notices of de minimis vio- and other Relief tified mail≈. The employing office may sub- lations need not be posted. § 4.26 Applications for Permanent Variances mit and serve an opposing written statement (b) Each citation, notice, or a copy thereof, and other Relief of position with the General Counselƒ,≈ ƒand shall remain posted until the violation has § 4.27 Modification or Revocation of Orders ƒ, at the same time, provide≈ the com- been abated, or for 3 working days, which- § 4.28 Action on Applications§ 4.29 Consolida- plaining party ƒwith a copy of such state- ever is later. The pendency of any pro- tion of Proceedings ment by certified mail≈. ceedings regarding the citation shall not af- § 4.30 Consent Findings and Rules or Orders Upon the request of the complaining party fect its posting responsibility under this sec- § 4.31 Order of Proceedings and Burden of or the employing office, the General Counsel, tion unless and until the Board issues a final Proof at his or her discretion, may hold an infor- order vacating the citation.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.079 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7381 ..... cable, (A) each entity responsible for correc- draw his complaint by filing a notice with § 4.15 Informal Conferences. tion of an alleged violation of section 210(b), the Executive Director and the Hearing Offi- (B) each employing office alleged to have cer and by serving a copy on the respondent. At the request of an affected employing of- violated section 215, or (C) each employing After opening of the hearing, any such with- fice, employee, or representative of employ- office and/or labor organization alleged to drawal must be approved by the Hearing Of- ees, the General Counsel may hold an infor- have violated section 220, against which com- ficer and may be with or without prejudice to mal conference for the purpose of discussing plaint is brought; refile at the Hearing Officer’s discretion. any issues raised by an inspection, citation, (h) Withdrawal From a Case by a Represent- or notice issued by the General Counsel. Any ..... ative. A representative must provide suffi- settlement entered into by the parties at (e) Service of Complaint. Upon receipt of a cient notice to the Hearing Officer and the such conference shall be subject to the ap- complaint or an amended complaint, the Of- parties of record of his or her withdrawal. proval of the Executive Director under sec- fice shall serve the respondent, or its des- Until the party designates another represent- tion 414 of the CAA and section ø9.05¿ 9.03 of ignated representative, by hand delivery [or ative in writing, the party will be regarded as these rules. If the conference is requested by certified mail] or first class mail, e-mail, or pro se. the employing office, an affected employee facsimile with a copy of the complaint or or the employee’s representative shall be af- amended complaint and [a copy of these rules] § 5.04 Confidentiality. forded an opportunity to participate, at the written notice of the availability of these Pursuant to section 416(c) of the Act, ex- discretion of the General Counsel. If the con- rules at www.compliance.gov. A copy of these cept as provided in sub-sections 416(d), (e) ference is requested by an employee or rep- rules may also be provided if requested by ei- and (f), all proceedings and deliberations of resentative of employees, the employing of- ther party. The Office shall include a service Hearing Officers and the Board, including fice shall be afforded an opportunity to par- list containing the names and addresses of any related records, shall be confidential. ticipate, at the discretion of the General the parties and their designated representa- Section 416(c) does not apply to proceedings Counsel. Any party may be represented by tives. under section 215 of the Act, but does apply counsel at such conference. (f) Answer. Within 15 days after receipt of a to the deliberations of Hearing Officers and ..... copy of a complaint or an amended com- the Board under section 215. A violation of plaint, the respondent shall file an answer the confidentiality requirements of the Act Subpart E—Complaints with the Office and serve one copy on the and these rules [could] may result in the im- § 5.01 Complaints complainant. [The answer shall contain a position of procedural or evidentiary sanc- § 5.02 Appointment of the Hearing Officer statement of the position of the respondent on tions. [Nothing in these rules shall prevent the § 5.03 Dismissal, Summary Judgment, and each of the issues raised in the complaint or Executive Director from reporting statistical in- Withdrawal of Complaint amended complaint, including admissions, deni- formation to the Senate and House of Rep- § 5.04 Confidentiality als, or explanations of each allegation made in resentatives, so long as that statistical informa- § 5.01 Complaints. the complaint and any affirmative defenses or tion does not reveal the identity of the employ- (a) Who May File. other defenses to the complaint.] In answering ees involved or of employing offices that are the (1) An employee who has completed the a complaint, a party must state in short and subject of a matter.] See also sections [1.06] mediation period under section 2.04 may plain terms its defenses to each claim as- [1.07] 1.08 and 7.12 of these rules. timely file a complaint with the Office alleg- serted against it and admit or deny the alle- Subpart F—Discovery and Subpoenas gations asserted against it by an opposing ing any violation of sections 201 through 207 § 6.01 Discovery party. Failure to [file an answer] deny an alle- of the Act[.], under the Genetic Information § 6.02 Requests for Subpoenas gation, other than one relating to the amount Nondiscrimination Act, or any other statute § 6.03 Service of damages, or to raise a claim or defense as made applicable under the Act. § 6.04 Proof of Service to any allegation(s) shall constitute an ad- (2) The General Counsel may timely file a § 6.05 Motion to Quash mission of such allegation(s). Affirmative de- complaint alleging a violation of section 210, § 6.06 Enforcement fenses not raised in an answer that could 215 or 220 of the Act. § 6.01 Discovery. (b) When to File. have reasonably been anticipated based on (a) Explanation Discovery is (1) A complaint may be filed by an em- the facts alleged in the complaint shall be [ ] Description. the process by which a party may obtain ployee no sooner than 30 days after the date deemed waived. A respondent’s motion for from another person, including a party, in- of receipt of the notice under section 2.04(i), leave to amend an answer to interpose a de- formation, not privileged, reasonably cal- but no later than 90 days after receipt of that nial or affirmative defense will ordinarily be granted unless to do so would unduly preju- culated to lead to the discovery of admis- notice. In cases where a complaint is filed dice the rights of the other party or unduly sible evidence, for the purpose of assisting with the Office sooner than 30 days after the delay or otherwise interfere with or impede that party in developing, preparing and pre- date of receipt of the notice under section the proceedings. senting its case at the hearing. No discovery, 2.04(i), the Executive Director, at his or her (g) Motion to Dismiss. In addition to an an- oral or written, by any party shall [This pro- discretion, may return the complaint to the swer, a respondent may file a motion to dis- vision shall not be construed to permit any dis- employee for filing during the prescribed pe- miss, or other responsive pleading with the covery, oral or written, to≈ be taken of, or riod without prejudice and with an expla- Office and serve one copy on the complain- from, an employee of the Office of Compli- nation of the prescribed period of filing. ant. Responses to any motions shall be in ance, ƒor the≈ counselorƒ(s)≈, or mediator ..... compliance with section 1.04(c) of these rules. ƒthe neutral(s) involved in counseling and medi- (c) Form and Contents. (h) Confidentiality. The fact that a com- ation.≈, including files, records, or notes pro- (1) Complaints Filed by Covered Employees. A plaint has been filed with the Office by a cov- duced during counseling and mediation and complaint shall be in writing and may be ered employee shall be kept confidential by maintained by the Office. written or typed on a complaint form avail- the Office, except as allowed by these rules. (b) Initial Disclosure. ƒOffice Policy Regard- able from the Office. All complaints shall be § 5.02 Appointment of the Hearing Officer. ing Discovery. It is the policy of the Office to signed by the covered employee, or his or her Upon the filing of a complaint, the Execu- encourage the early and voluntary exchange of representative, and shall contain the fol- tive Director will appoint an independent relevant and material nonprivileged information lowing information: Hearing Officer, who shall have the author- between the parties, including the names and (i) the name, mailing and e-mail addresses, ity specified in sections 5.03 and 7.01(b) addresses of witnesses and copies of relevant and telephone number(s) of the complainant; below. The Hearing Officer shall not be the and material documents, and to encourage Hearing Officers to develop procedures which ..... counselor involved in or the [neutral] medi- allow for the greatest exchange of relevant and (v) a brief description of why the complain- ator who mediated the matter under sections material information and which minimizes the ant believes the challenged conduct is a vio- 2.03 and 2.04 of these rules. need for parties to formally request such infor- lation of the Act or the relevant sections of § 5.03 Dismissal, Summary Judgment and mation.≈ Within 14 days after the pre-hearing the Genetic Information Nondiscrimination Withdrawal of Complaints. conference and except as otherwise stipu- Act and the section(s) of the Act involved; ..... lated or ordered by the Hearing Officer, a ..... (f) Withdrawal of Complaint by Complainant. party must, without awaiting a discovery re- (vii) the name, mailing and e-mail address- At any time a complainant may withdraw quest, provide to the other parties: the name es, and telephone number of the representa- his or her own complaint by filing a notice and, if known, mail and e-mail addresses and tive, if any, who will act on behalf of the with the Office for transmittal to the Hear- telephone number of each individual likely to complainant. ing Officer and by serving a copy on the em- have discoverable information that the dis- (2) Complaints Filed by the General Counsel. ploying office or representative. Any such closing party may use to support its claims or A complaint filed by the General Counsel withdrawal must be approved by the Hearing defenses; and a copy or a description by cat- shall be in writing, signed by the General Officer and may be with or without prejudice egory and location of all documents, elec- Counsel or his designee and shall contain the to refile at the Hearing Officer’s discretion. tronically stored information, and tangible following information: (g) Withdrawal of Complaint by the General things that the disclosing party has in its (i) the name, mail and e-mail addresses, if Counsel. At any time prior to the opening of possession, custody, or control and may use available, and telephone number of, as appli- the hearing the General Counsel may with- to support its claims or defenses.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.081 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7382 CONGRESSIONAL RECORD — HOUSE September 9, 2014 (c) Discovery Availability. Pursuant to sec- § 7.05 Scheduling the Hearing Hearing Officer in proceedings under Section tion 405(e) of the Act, ƒthe Hearing Officer in § 7.06 Consolidation and Joinder of Cases 405 of the CAA. If, after notice and hearing, his or her discretion may permit≈ the parties § 7.07 Conduct of Hearing; Disqualification of the Hearing Officer determines that a party may engage in reasonable prehearing dis- Representatives has violated the confidentiality provisions, covery. ƒIn exercising that discretion, the Hear- § 7.08 Transcript the Hearing Officer may: ing Officer may be guided by the Federal Rules § 7.09 Admissibility of Evidence (A) direct that the matters related to the of Civil Procedure.≈ § 7.10 Stipulations breach of confidentiality or other designated (1) The ƒHearing Officer may authorize≈ par- § 7.11 Official Notice facts be taken as established for purposes of ties may take discovery by one or more of the § 7.12 Confidentiality the action, as the prevailing party claims; following methods: depositions upon oral ex- § 7.13 Immediate Board Review of a Ruling (B) prohibit the party breaching confiden- amination or written questions; written in- by a Hearing Officer tiality from supporting or opposing des- terrogatories; production of documents or § 7.14 Proposed Findings of Fact and Conclu- ignated claims or defenses, or from intro- things or permission to enter upon land or sions of Law; Posthearing Briefs ducing designated matters in evidence; other property for inspection or other pur- § 7.15 Closing the record (C) strike the pleadings in whole or in part; poses; physical and mental examinations; § 7.16 Hearing Officer Decisions; Entry in (D) stay further proceedings until the and requests for admission. Records of the Office; Corrections to the breach of confidentiality is resolved to the (2) The Hearing Officer may adopt standing Record; Motions to Alter, Amend or Va- extent possible; orders or make any order setting forth the cate the Decision. (E) dismiss the action or proceeding in whole or in part; or forms and extent of discovery, including or- § 7.01 The Hearing Officer. ders limiting the number of depositions, in- (F) render a default judgment against the ..... terrogatories, and requests for production of party breaching confidentiality. documents, and may also limit the length of (b) Authority. Hearing Officers shall con- (c) No sanctions may be imposed under this depositions. duct fair and impartial hearings and take all section except for good cause and the particulars of which must be stated in the sanc- ..... necessary action to avoid undue delay in the disposition of all proceedings. They shall tion order. (d) Claims of Privilege. have all powers necessary to that end unless ..... (1) Information Withheld. Whenever a party otherwise limited by law, including, but not § 7.04 Motions and Prehearing Conference. withholds information otherwise discover- limited to, the authority to: able under these rules by claiming that it is ..... privileged or confidential or subject to pro- ..... (b) Scheduling of the Prehearing Conference. tection as hearing or trial preparation mate- (14) maintain and enforce the confiden- Within 7 days after assignment, the Hearing rials, the party shall make the claim ex- tiality of proceedings; and Officer shall serve on the parties and their pressly in writing and shall describe the na- ..... designated representatives written notice setting forth the time, date, and place of the ture of the documents, communications or § 7.02 Sanctions. things not produced or disclosed in a manner prehearing conference, except that the Exec- ..... that, without revealing the information utive Director may, for good cause, extend up itself privileged or protected, will enable (b) The Hearing Officer may impose sanc- to an additional 7 days the time for serving other parties to assess the applicability of tions upon the parties under, but not limited notice of the prehearing conference. the privilege or protection. A party must to, the circumstances set forth in this sec- (c) Prehearing Conference Memoranda. The make a claim for privilege no later than the tion. Hearing Officer may order each party to pre- due date for the production of the informa- (1) Failure to Comply with an Order. When a pare a prehearing conference memorandum. tion. party fails to comply with an order (includ- At his or her discretion, the Hearing Officer (2) Information Produced As Inadvertent ing an order for the taking of a deposition, may direct the filing of the memorandum Disclosure. If information produced in dis- for the production of evidence within the after discovery by the parties has concluded. covery is subject to a claim of privilege or of party’s control, or for production of wit- ƒThat≈ The memorandum may include: protection as hearing preparation material, nesses), the Hearing Officer may: ..... ƒ(a)≈(A) draw an inference in favor of the the party making the claim may notify any (3) the specific relief, including, where requesting party on the issue related to the party that received the information of the known, a calculation of ƒthe amount of≈ any information sought; claim and the basis for it. After being noti- monetary relief ƒ,≈ or damages that is being ƒ(b)≈(B) stay further proceedings until the fied, a party must promptly return, seques- or will be requested; ter, or destroy the specified information and order is obeyed; (4) the names of potential witnesses for the ƒ(c)≈(C) prohibit the party failing to com- any copies it has; must not use or disclose the party’s case, except for potential impeach- ply with such order from introducing evi- information until the claim is resolved; must ment or rebuttal witnesses, and the purpose dence concerning, or otherwise relying upon, take reasonable steps to retrieve the informa- for which they will be called and a list of evidence relating to the information sought; tion if the party disclosed it before being no- documents that the party is seeking from ƒ(d)≈ permit the requesting party to in- tified; and may promptly present the infor- (D) the opposing party, and, if discovery was per- troduce secondary evidence concerning the mation to the Hearing Officer or the Board mitted, the status of any pending request for information sought; under seal for a determination of the claim. discovery. (It is not necessary to list each ƒ(e)≈(E) strike, in whole or in part, øany The producing party must preserve the infor- document requested. Instead, the party may part of≈ the complaint, briefs, answer, or mation until the claim is resolved. refer to the request for discovery.); and other submissions of the party failing to § 6.02 Request for Subpoena. comply with the order, as appropriate; ..... (a) Authority to Issue Subpoenas. At the re- ƒ(f)≈(F) direct judgment against the non- (d) At the prehearing conference, the Hear- quest of a party, a Hearing Officer may issue complying party in whole or in part; or ing Officer may discuss the subjects specified subpoenas for the attendance and testimony ƒ(g)≈(G) order that the non-complying in paragraph (c) above and the manner in of witnesses and for the production of cor- party, or the representative advising that which the hearing will be conducted ƒand respondence, books, papers, documents, or party, pay all or part of the attorney’s fees proceed≈. In addition, the Hearing Officer other records. The attendance of witnesses and reasonable expenses of the other party may explore settlement possibilities and and the production of records may be re- or parties or of the Office, caused by such consider how the factual and legal issues quired from any place within the United non-compliance, unless the Hearing Officer might be simplified and any other issues States. However, no subpoena by any party or the Board finds that the failure was sub- that might expedite the resolution of the dis- may be issued for the attendance or testi- stantially justified or that other cir- pute. The Hearing Officer shall issue an mony of an employee ƒwith≈ of the Office of cumstances make an award of attorney’s fees order, which recites the action taken at the Compliance, a counselor, or a mediator, in- and/or expenses unjust. conference and the agreements made by the cluding files, records, or notes produced dur- (2) Failure to Prosecute or Defend. If a party parties as to any of the matters considered ing counseling and mediation and main- fails to prosecute or defend a position, the and which limits the issues to those not dis- tained by the Office. Employing offices shall Hearing Officer may dismiss the action with posed of by admissions, stipulations, or make their employees available for discovery prejudice or ƒrule for the complainant≈ decide agreements of the parties. Such order, when and hearing without requiring a subpoena. the matter, where appropriate. entered, shall control the course of the pro- (d) Rulings. The Hearing Officer shall ..... ceeding, subject to later modification by the promptly rule on the request for the sub- Hearing Officer by his or her own motion or (4) poena. Filing of frivolous claims. If a party files upon proper request of a party for good cause a frivolous claim, the Hearing Officer may ***** shown. dismiss the claim, in whole or in part, with Subpart G—Hearings prejudice or decide the matter for the party § 7.05 Scheduling the Hearing. § 7.01 The Hearing Officer alleging the filing of the frivolous claim...... § 7.02 Sanctions (5) Failure to maintain confidentiality. An (b) Motions for Postponement or a Continu- § 7.03 Disqualification of the Hearing Officer allegation regarding a violation of the con- ance. Motions for postponement or for a con- § 7.04 Motions and Prehearing Conference fidentiality provisions may be made to a tinuance by either party shall be made in

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.082 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7383 writing to the ƒOffice≈ Hearing Officer, shall occurring during a hearing may be resolved § 7.14 Proposed Findings of Fact and Conclu- set forth the reasons for the request, and by a Hearing Officer in proceedings under sions of Law; Posthearing Briefs. shall state whether the opposing party con- Section 405 of the CAA. After providing no- ƒ(a)≈ May be ƒFiled≈ Required. The Hearing sents to such postponement. Such a motion tice and an opportunity to the parties to be Officer may ƒpermit≈ require the parties to may be granted by the Hearing Officer upon heard, the Hearing Officer, in accordance file proposed findings of fact and conclusions a showing of good cause. In no event will a with section 1.08(f) of these Rules, may make of law and/or posthearing briefs on the fac- hearing commence later than 90 days after a finding of a violation of confidentiality and tual and the legal issues presented in the the filing of the complaint. impose appropriate procedural or evi- case. § 7.06 Consolidation and Joinder of Cases. dentiary sanctions, which may include any of ƒ(b) Length. No principal brief shall exceed 50 ..... the sanctions listed in section 7.02 of these pages, or 12,500 words, and no reply brief shall Rules. (b) Authority. The Executive Director prior exceed 25 pages, or 6,250 words, exclusive of ta- to the assignment of a complaint to a Hearing § 7.13 Immediate Board Review of a Ruling bles and pages limited only to quotations of stat- Officer; a Hearing Officer during the hearing; by a Hearing Officer. utes, rules, and the like. Motions to file ex- or the Board ƒ, the Office, or a Hearing Offi- ..... tended briefs shall be granted only for good cause shown; the Hearing Officer may in his or cer≈ during an appeal may consolidate or (b) Time for Filing. A motion by a party for her discretion also reduce the page limits. Briefs join cases on their own initiative or on the interlocutory review of a ruling of the Hear- in excess of 10 pages shall include an index and motion of a party if to do so would expedite ing Officer shall be filed with the Hearing Of- processing of the cases and not adversely af- a table of authorities. ficer within 5 days after service of the ruling (c) Format. Every brief must be easily read- fect the interests of the parties, taking into upon the parties. The motion shall include able. Briefs must have double spacing between account the confidentiality requirements of arguments in support of both interlocutory each line of text, except for quoted texts and section 416 of the Act. review and the determination requested to footnotes, which may be single-spaced.≈ § 7.07 Conduct of Hearing; Disqualification be made by the Board upon review. Re- § 7.15 Closing the Record of the Hearing. of Representatives. sponses, if any, shall be filed with the Hear- (a) Except as provided in section 7.14, the ..... ing Officer within 3 days after service of the record shall be closed at the conclusion of (c) No later than the opening of the hear- motion. ƒ(b)≈ Standards for Review. In deter- the hearing. However, when the Hearing Offi- ing, or as otherwise ordered by the Hearing (c) mining whether to forward a re- cer allows the parties to submit argument, Officer, each party shall submit to the Hear- certify and quest for interlocutory review to the Board, briefs, documents or additional evidence pre- ing Officer and to the opposing party typed the Hearing Officer shall consider the viously identified for introduction, the lists of the hearing exhibits and the wit- all of following: record will remain open for as much time as nesses expected to be called to testify, ex- ƒ ..... the judge grants for that purpose additional cluding impeachment or rebuttal witnesses evidence previously identified for introduction, ƒ ≈ ƒ , expected to be called to testify . (c) Time for Filing. A motion by a party for the Hearing Officer may allow an additional pe- ..... interlocutory review of a ruling of the Hearing riod before the conclusion of the hearing as is (f) Failure of either party to appear, Officer shall be filed with the Hearing Officer necessary for that purpose≈. present witnesses, or respond to an evi- within 5 days after service of the ruling upon (b) Once the record is closed, no additional dentiary order may result in an adverse find- the parties. The motion shall include arguments evidence or argument shall be accepted into ing or ruling by the Hearing Officer. At the in support of both interlocutory review and the the hearing record except upon a showing discretion of the Hearing Officer, the hearing determination requested to be made by the that new and material evidence has become may also be held in absence of the com- Board upon review. Responses, if any, shall be available that was not available despite due plaining party if the representative for that filed with the Hearing Officer within 3 days diligence prior to the closing of the record or ≈ party is present. after service of the motion. it is in rebuttal to new evidence or argument ƒ(f)≈(g) If the Hearing Officer concludes (d) Hearing Officer Action. If all the condi- submitted by the other party just before the ƒ ≈ that a representative of an employee, a wit- tions set forth in paragraph (b) (c) above record closed. ƒHowever, the≈ The Hearing ness, a charging party, a labor organization, are met, the Hearing Officer shall certify and Officer shall also make part of the record an employing office, or an entity alleged to forward a request for interlocutory review to any ƒmotions for attorney fees, supporting be responsible for correcting a violation has the Board for its immediate consideration. documentation, and determinations thereon, a conflict of interest, he or she may, after Any such submission shall explain the basis and≈ approved correction to the transcript. on which the Hearing Officer concluded that giving the representative an opportunity to § 7.16 Hearing Officer Decisions; Entry in the standards in paragraph ƒ(b)≈(c) have respond, disqualify the representative. In Records of the Office; Corrections to the been met. The decision of the Hearing Office that event, within the time limits for hear- Record; Motions to Alter, Amend or Vacate to forward or decline to forward a request ing and decision established by the Act, the the Decision. for review is not appealable. affected party shall be afforded reasonable ..... time to retain other representation. (e) Grant of Interlocutory Review Within Board’s Sole Discretion. Upon the Hearing Of- (b) The Hearing Officer’s written decision § 7.08 Transcript. ficer’s certification and decision to forward a shall: ..... request for review, ƒT≈the Board, in its sole (1) state the issues raised in the complaint; (b) Corrections. Corrections to the official discretion, may grant interlocutory review. (2) describe the evidence in record; transcript will be permitted. Motions for cor- The Board’s decision to grant or deny inter- (3) contain findings of fact and conclusions rection must be submitted within 10 days of locutory review is not appealable. of law, and the reasons or basis therefore, on ƒ ≈ all the material issues of fact, law, or discre- service of the transcript upon the party ..... parties. Corrections of the official transcript tion presented on the record; ƒ(g) Denial of Motion not Appealable; Man- will be permitted only upon approval of the (4) contain a determination of whether a damus. The grant or denial of a motion for a re- Hearing Officer. The Hearing Officer may violation has occurred; and (5) order such quest for interlocutory review shall not be ap- make corrections at any time with notice to remedies as are appropriate under the CAA. pealable. The Hearing Officer shall promptly the parties. ƒ(b)≈(c) Upon issuance, the decision and bring a denial of such a motion, and the reasons order of the Hearing Officer shall be entered ..... therefor, to the attention of the Board. If, upon into the records of the Office. § 7.12 Confidentiality. consideration of the motion and the reason for ƒ(c)≈(d) The Office shall promptly provide (a) Pursuant to section 416 of the Act and denial, the Board believes that interlocutory re- a copy of the decision and order of the Hear- section 1.08 of these Rules, all proceedings view is warranted, it may grant the review sua ing Officer to the parties. and deliberations of Hearing Officers and the sponte. In addition, the Board may in its discre- ƒ(d)≈(e) If there is no appeal of a decision Board, including the transcripts of hearings tion, in extraordinary circumstances, entertain and order of a Hearing Officer, that decision and any related records, shall be confiden- directly from a party a writ of mandamus to re- becomes a final decision of the Office, which tial, except as specified in sections 416(d), (e), view a ruling of a Hearing Officer.≈ is subject to enforcement under section 8.03 and (f) of the Act and section 1.08(d) of these ƒ(h)≈(g) Procedures before Board. Upon its of these rules. Rules. All parties to the proceeding and their [acceptance of a ruling of the Hearing Officer (f) Corrections to the Record. After a deci- representatives, and witnesses who appear at for≈ decision to grant interlocutory review, sion of the Hearing Officer has been issued, the hearing, will be advised of the impor- the Board shall issue an order setting forth but before an appeal is made to the Board, or tance of confidentiality in this process and the procedures that will be followed in the in the absence of an appeal, before the deci- of their obligations, subject to sanctions, to conduct of that review. sion becomes final, the Hearing Officer may maintain it. This provision shall not apply ƒ(i)≈(h) Review of a Final Decision. Denial of issue an erratum notice to correct simple er- to proceedings under section 215 of the Act, interlocutory review will not affect a party’s rors or easily correctible mistakes. The Hear- but shall apply to the deliberations of Hear- right to challenge rulings, which are other- ing Officer may do so on motion of the paring Officers and the Board under that sec- wise appealable, as part of an appeal to the ties or on his or her own motion with or tion. Board under section 8.01 from the Hearing without advance notice. (b) Violation of Confidentiality. An allega- Officer’s decision issued under section 7.16 of (g) After a decision of the Hearing Officer tion regarding a violation of confidentiality these rules. has been issued, but before an appeal is

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.083 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7384 CONGRESSIONAL RECORD — HOUSE September 9, 2014 made to the Board, or in the absence of an receipt of the decision or report, the Board shall appropriate ƒAny≈ party may petition the appeal, before the decision becomes final, a determine whether the views of the parties on Board for enforcement of a final decision of party to the proceeding before the Hearing the content of the decision or report should be the Office or the Board. The petition shall Officer may move to alter, amend or vacate obtained in writing and, where necessary, shall specifically set forth the reasons why the pe- the decision. The moving party must estab- fix by order the time for the submission of those titioner believes enforcement is necessary. ≈ lish that relief from the decision is warranted views. A decision of the Board following ..... completion of the remand shall be entered in because: (1) of mistake, inadvertence, sur- ... prise, or excusable neglect; (2) there is newly the records of the Office as the final decision discovered evidence that, with reasonable of the Board and shall be subject to judicial § 8.05 Application for Review of an Execu- diligence, could not have been discovered in review under Section 407 of the Act. tive Director Action. time to move for a new hearing; (3) there has ..... For additional rules on the procedures per- been fraud (misrepresentation, or mis- (h) Record. The docket sheet, complaint and taining to the Board’s review of an Executive conduct by an opposing party; (4) the deci- any amendments, notice of hearing, answer Director action in Representation pro- sion is void; or (5) the decision has been sat- and any amendments, motions, rulings, or- ceedings, refer to Parts 2422.30—31 of the isfied, released, or discharged; it is based on ders, stipulations, exhibits, documentary Substantive Regulations of the Board, avail- an earlier decision that has been reversed or evidence, any portions of depositions admit- able at www.compliance.gov. vacated; or applying it prospectively is no ted into evidence, docketed Memoranda for § 8.06 Expedited Review of Negotiability longer equitable. The motion shall be filed the Record, or correspondence between the Issues. within 15 days after service of the Hearing Office and the parties, and the transcript of For additional rules on the procedures per- Officer’s decision. No response shall be filed the hearing (together with any electronic re- taining to the Board’s expedited review of ne- unless the Hearing Officer so orders. The fil- cording of the hearing if the original report- gotiability issues, refer to Part 2424 of the ing and pendency of a motion under this pro- ing was performed electronically) together Substantive Regulations of the Board, avail- vision shall not relieve a party of the obliga- with the Hearing Officer’s decision and the able at www.compliance.gov. petition for review, any response thereto, tion to file a timely appeal or operate to stay § 8.07 Review of Arbitration Awards. the action of the Hearing Officer unless so or- any reply to the response and any other For additional rules on the procedures per- dered by the Hearing Officer. pleadings shall constitute the record in the case. taining to the Board’s review of arbitration Subpart H—Proceedings before the Board ..... awards, refer to Part 2425 of the Substantive § 8.01 Appeal to the Board Regulations of the Board, available at § 8.02 Reconsideration (j) An appellant may move to withdraw a petition for review at any time before the www.compliance.gov. § 8.03 Compliance with Final Decisions, Re- § 8.08 Procedures of the Board in Impasse quests for Enforcement Board renders a decision. The motion must be in writing and submitted to the Board. Proceedings. § 8.04 Judicial Review The Board, at its discretion, may grant such For additional rules on the procedures of § 8.05 Application for Review of an Execu- a motion and take whatever action is re- the Board in impasse proceedings, refer to tive Director Action quired. Part 2471 of the Substantive Regulations of § 8.06 Exceptions to Arbitration Awards the Board, available at www.compliance.gov. § 8.07 Expedited Review of Negotiability § 8.02 Reconsideration. § 8.08 Procedures of the Board in Impasse After a final decision or order of the Board Subpart I—Other Matters of General Proceedings has been issued, a party to the proceeding Applicability § 8.01 Appeal to the Board. before the Board, who can establish in its ƒ§ 9.01 Filing, Service and Size Limitations of moving papers that reconsideration is nec- (a) No later than 30 days after the entry of Motions, Briefs, Responses and other Doc- essary because the Board has overlooked or the decision and order of the Hearing uments. final misapprehended points of law or fact, may Officer in the records of the Office, an ag- § 9.02 Signing of Pleadings, Motions and move for reconsideration of such final deci- grieved party may seek review of that deci- Other Filings; Violations of Rules; Sanc- sion or order. The motion shall be filed with- tions≈ sion and order by the Board by filing with in 15 days after service of the Board’s deci- the Office a petition for review by the Board. ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs sion or order. No response shall be filed un- ƒ§ 9.04≈ § 9.02 Ex parte Communications The appeal must be served on the opposing less the Board so orders. The filing and pend- party or its representative. ƒ§ 9.05≈ § 9.03 Settlement Agreements ency of a motion under this provision shall ƒ§ 9.06≈ § 9.04 Revocation, Amendment or ..... not relieve a party of the obligation to file a ƒ ≈ Waiver of Rules (3) Upon written delegation by the Board, timely appeal or operate to stay the action ƒ§ 9.01 Filing, Service, and Size Limitations of In any case in which the Board has not ren- of the Board unless so ordered by the Board. Motions, Briefs, Responses and Other Doc- dered a determination on the merits, the Ex- The decision to grant or deny a motion for uments. ecutive Director is authorized to: determine reconsideration is within the sole discretion (a) Filing with the Office; Number. One origi- any request for extensions of time to file any of the Board and is not appealable. nal and three copies of all motions, briefs, re- post-petition for review document or submis- § 8.03 Compliance with Final Decisions, Re- sponses, and other documents, must be filed, ƒ sion with the Board in any case in which the quests for Enforcement. whenever required, with the Office or Hearing Executive Director has not rendered a deter- (a) Unless the Board has, in its discretion, Officer. However, when a party aggrieved by ≈ mination on the merits, ; determine any re- stayed the final decision of the Office during the decision of a Hearing Officer or a party to quest for enlargement of page limitation of the pendency of an appeal pursuant to sec- any other matter or determination reviewable by any post-petition for review document or tion 407 of the Act, and except as provided in the Board files an appeal or other submission submission with the Board; or require proof sections 210(d)(5) and 215(c)(6) of the Act, a with the Board, one original and seven copies of of service where there are questions of prop- party required to take any action under the any submission and any responses must be filed ƒ er service. Such delegation shall continue terms of a final decision of the Office shall with the Office. The Office, Hearing Officer, or ≈ until revoked by the Board. carry out its terms promptly, and shall with- Board may also request a party to submit an ..... in 30 days after the decision or order be- electronic version of any submission in a des- (d) Upon appeal, the Board shall issue a comes final and goes into effect by its terms, ignated format, with receipt confirmed by elec- written decision setting forth the reasons for provide the Office and all other parties to tronic transmittal in the same format. its decision. The Board may dismiss the ap- the proceedings with a compliance report (b) Service. The parties shall serve on each peal or affirm, reverse, modify or remand the specifying the manner in which compliance other one copy of all motions, briefs, responses decision and order of the Hearing Officer in with the provisions of the decision or order and other documents filed with the Office, other whole or in part. Where there is no remand has been accomplished. If complete compli- than the request for counseling, the request for the decision of the Board shall be entered in ance has not been accomplished within 30 mediation and complaint. Service shall be made the records of the Office as the final decision days, the party required to take any such ac- by mailing or by hand delivering a copy of the of the Board and shall be subject to judicial tion shall submit a compliance report speci- motion, brief, response or other document to review. fying why compliance with any provision of each party, or if represented, the party’s rep- (e) The Board may remand the matter to the decision or order has not yet been fully resentative, on the service list previously pro- ƒthe≈ a Hearing Officer for further action or accomplished, the steps being taken to as- vided by the Office. Each of these documents, proceedings, including the reopening of the sure full compliance, and the anticipated must be accompanied by a certificate of service record for the taking of additional evidence. date by which full compliance will be specifying how, when and on whom service was The decision by the Board to remand a case achieved. A party may also file a petition for made. It shall be the duty of each party to nois not subject to judicial review under Sec- attorneys fees and/or damages unless the tify the Office and all other parties in writing of tion 407 of the Act. The procedures for a re- Board has, in its discretion, stayed the final any changes in the names or addresses on the manded hearing shall be governed by sub- decision of the Office during the pendency of service list. parts F, G, and H of these Rules. The Hearing the appeal pursuant to Section 407 of the Act. (c) Time Limitations for Response to Motions Officer shall render a decision or report to ..... or Briefs and Reply. Unless otherwise specified the Board, as ordered, at the conclusion of (d) To the extent provided in Section 407(a) by the Hearing Officer or these rules, a party proceedings on the remanded matters. ƒUpon of the Act and Section 8.04 of this section, the shall file a response to a motion or brief within

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.084 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7385 15 days of the service of the motion or brief motion for an award of attorney’s fees and/or legation ƒregarding≈ of a violation ƒof a for- upon the party. Any reply to such response costs shall be accompanied by: mal settlement agreement may≈ must be filed shall be filed and served within 5 days of the ..... with the Executive Director no later than 60 service of the response. Only with the Hearing (3) the attorney’s customary billing rate days after the party to the agreement be- Officer’s advance approval may either party file comes aware of the alleged violation. Such for similar work with evidence that the rate additional responses or replies. ƒcomplaints may be referred by the Executive (d) Size Limitations. Except as otherwise spec- is consistent with the prevailing community rate for similar services in the community in Director to a Hearing Officer for a final deci- ified by the Hearing Officer or these rules, no sion. The procedures for hearing and deter- brief, motion, response, or supporting memo- which the attorney ordinarily practices; ƒand≈ mining such complaints shall be governed by randum filed with the Office shall exceed 35 subparts F, G, and H of these Rule.≈ allega- pages, or 8,750 words, exclusive of the table of (4) an itemization of costs related to the matter in questionƒ.≈ ; and tions will be reviewed, investigated or medi- contents, table of authorities and attachments. ated, as appropriate, by the Executive Direc- The Board, the Office, Executive Director, or (5) evidence of an established attorney-cli- ent relationship. tor or designee. Hearing Officer may waive, raise or reduce this ƒ ≈ ƒ§ 9.06≈ § 9.04 Payments required pursuant to limitation for good cause shown or on its own § 9.04 § 9.02 Ex parte Communications. (a) Definitions. Decisions, Awards, or Settlements under initiative. Briefs, motions, responses, and sup- ..... section 415(a) of the Act. porting memoranda shall be on standard letter- Whenever a final decision or award pursu- 1 ƒ ≈ size paper (8 ⁄2″ x 11″). (3) For purposes of section 9.04 9.02, the ant to sections 405(g), 406(e), 407, or 408 of the § 9.02 Signing of Pleadings, Motions and Other term proceeding means the complaint and Act, or an approved settlement pursuant to Filings; Violation of Rules; Sanctions. hearing proceeding under section 405 of the section 414 of the Act, require the payment Every pleading, motion, and other filing of a CAA, an appeal to the Board under section of funds pursuant to section 415(a) of the Act, party represented by an attorney or other des- 406 of the CAA, a pre-election investigatory the decision, award, or settlement shall be ignated representative shall be signed by the at- hearing under section 220 of the CAA, and submitted to the Executive Director to be torney or representative. A party who is not rep- any other proceeding of the Office estab- processed by the Office for requisition from resented shall sign the pleading, motion or other lished pursuant to regulations issued by the the account of the Office of Compliance in filing. The signature of a representative or party Board under the CAA. the Department of the Treasury, and pay- constitutes a certificate by the signer that the ..... ment. No payment shall be made from such signer has read the pleading, motion, or other (b) Prohibited Ex Parte Communications and account until the time for appeal of a deci- filing; that to the best of the signer’s knowledge, Exceptions. sion has expired. information, and belief formed after reasonable (2) The Hearing Officer or the Office may ƒ§ 9.07≈ § 9.05 Revocation, Amendment or inquiry, it is well grounded in fact and is war- initiate attempts to settle a matter informally Waiver of Rules. ranted by existing law or a good faith argument at any time. The parties may agree to waive (a) The Executive Director, subject to the for the extension, modification, or reversal of ex- the prohibitions against ex parte communica- approval of the Board, may revoke or amend isting law, and that it is not interposed for any tions during settlement discussions, and they these rules by publishing proposed changes improper purpose, such as to harass or to cause may agree to any limits on the waiver. in the Congressional Record and providing unnecessary delay or needless increase in the —Renumber subsequent paragraphs in sub- for a comment period of not less than 30 cost of litigation. If a pleading, motion, or other section— days. Following the comment period, any filing is not signed, it shall be stricken unless it ƒ§ 9.05≈ § 9.03 Informal Resolutions and Set- changes to the rules are final once they are is signed promptly after the omission is called to tlement Agreements. published in the Congressional Record. the attention of the person who is required to (b) Formal Settlement Agreement. The parties (b) The Board or a Hearing Officer may sign. If a pleading, motion, or other filing is may agree formally to settle all or part of a waive a procedural rule contained in this signed in violation of this rule, a Hearing Offi- disputed matter in accordance with section Part in an individual case for good cause cer or the Board, as appropriate, upon motion 414 of the Act. In that event, the agreement shown if application of the rule is not re- or upon its own initiative, shall impose upon the shall be in writing and submitted to the Ex- quired by law. person who signed it, a represented party, or ecutive Director for review and approval. f both, an appropriate sanction, which may in- The settlement is not effective until it has clude an order to pay to the other party or par- been approved by the Executive Director. If EXECUTIVE COMMUNICATIONS, ties the amount of the reasonable expenses in- the Executive Director does not approve the ETC. curred because of the filing of the pleading, mo- settlement, such disapproval shall be in writ- tion, or other filing, including a reasonable at- Under clause 2 of rule XIV, executive ing, shall set forth the grounds therefor, and communications were taken from the torney’s fee. A Hearing Officer, the Executive shall render the settlement ineffective. Director, or the Board, as appropriate, upon (c) Requirements for a Formal Settlement Speaker’s table and referred as follows: motion or its own initiative may also impose an Agreement. A formal settlement agreement 6923. A letter from the Under Secretary, appropriate sanction, which may include the requires the signature of all parties or their Department of Defense, transmitting a letter sanctions specified in section 7.02, for any other designated representatives on the agreement authorizing Rear Admiral (lower half) Kevin violation of these rules that does not result from document before the agreement can be sub- J. Kovacich, United States Navy, to wear the reasonable error.≈ mitted to the Executive Director for signa- insignia of the grade of rear admiral; to the ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs. ture. A formal settlement agreement cannot Committee on Armed Services. (a) Request. No later than ƒ20≈ 30 days be submitted to the Executive Director for 6924. A letter from the Acting Chief Coun- after the entry of a final ƒHearing Officer’s≈ signature until the appropriate revocation sel, Department of Homeland Security, decision of the Office, ƒunder section 7.16, or periods have expired. A formal settlement transmitting the Department’s final rule — after service of a Board decision by the Office agreement cannot be rescinded after the sig- Suspension of Community Eligibility (Rock- the complainant, if he or she is a≈ the pre- natures of all parties have been affixed to ingham County, VA, et al.) [Docket ID vailing partyƒ,≈ may submit to the Hearing the agreement, unless by written revocation FEMA-2014-0002] [Internal Agency Docket Officer or Arbitrator who ƒheard≈ decided of the agreement voluntarily signed by all No.: FEMA-8341] received August 8, 2014, pur- the case ƒinitially≈ a motion for the award of parties, or as otherwise permitted by law. suant to 5 U.S.C. 801(a)(1)(A); to the Com- reasonable attorney’s fees and costs, fol- (d) Violation of a Formal Settlement Agree- mittee on Financial Services. lowing the form specified in paragraph (b) ment. If a party should allege that a formal 6925. A letter from the Acting Chief Coun- below. ƒAll motions for attorney’s fees and settlement agreement has been violated, the sel, Department of Homeland Security, costs shall be submitted to the Hearing Officer.≈ issue shall be determined by reference to the transmitting the Department’s final rule — The Hearing Officer or Arbitrator, after giv- formal dispute resolution procedures of the Suspension of Community Eligibility (Hous- ing the respondent an opportunity to reply, agreement. Parties are encouraged to in- ton County, AL, et al.) [Docket ID: FEMA- shall rule on the motion. Decisions regarding clude in their settlements specific dispute 8343] [Internal Agency Docket No.: FEMA- attorney’s fees and costs are collateral and resolution procedures. If the ƒparticular≈ 8343] received August 14, 2014, pursuant to 5 do not affect the finality or appealability of formal settlement agreement does not have U.S.C. 801(a)(1)(A); to the Committee on Fi- a final decision issued by the ƒHearing Offi- a stipulated method for dispute resolution of nancial Services. cer≈ Office. ƒA ruling on a motion for attor- an alleged violation ƒof the agreement≈, the 6926. A letter from the Associate General ney’s fees and costs may be appealed together Office may provide assistance in resolving Counsel for Legislation and Regulations, De- with the final decision of the Hearing Officer. If the dispute, including the services of a medi- partment of Housing and Urban Develop- the motion for attorney’s fees is ruled on after ator as determined by the Executive Direc- ment, transmitting the Department’s final the final decision has been issued by the Hear- tor. ƒthe following dispute resolution proce- rule — Federal Housing Administration ing Officer, the ruling may be appealed in the dure shall be deemed to be a part of each for- (FHA) Multifamily Mortgage Insurance; Cap- same manner as a final decision, pursuant to mal settlement agreement approved by the Ex- turing Excess Bond Proceeds [Docket No.: section 8.01 of these Rules.≈ ecutive Director pursuant to section 414 of the FR-5583-F-02] (RIN: 2502-AJ16) received Au- (b) Form of Motion. In addition to setting Act:≈ Where the settlement agreement does gust 14, 2014, pursuant to 5 U.S.C. forth the legal and factual bases upon which not have a stipulated method for resolving 801(a)(1)(A); to the Committee on Financial the attorney’s fees and/or costs are sought, a violation allegations, ƒAny complaint≈ an al- Services.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.086 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7386 CONGRESSIONAL RECORD — HOUSE September 9, 2014 6927. A letter from the Associate General vices, and Associated Equipment [Docket Protection Agency, transmitting the Agen- Counsel for Legislation and Regulations, De- No.: NHTSA-2014-0069] (RIN: 2127-AL17) re- cy’s final rule — Revisions to the California partment of Housing and Urban Develop- ceived August 11, 2014, pursuant to 5 U.S.C. State Implementation Plan, Placer County ment, transmitting the Department’s final 801(a)(1)(A); to the Committee on Energy and Air Pollution Control District, Negative Dec- rule — Federal Housing Administration Commerce. larations [EPA-R09-OAR-2014-0439; FRL-9914- (FHA): Refinancing an Existing Cooperative 6939. A letter from the Program Analyst, 75-Region 9] received August 15, 2014, pursu- Under Section 207 Pursuant to Section 223(f) Department of Transportation Program Ana- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the National Housing Act [Docket No.: FR lyst, transmitting the Department’s final on Energy and Commerce. 5395-F-02] (RIN: 2502-AI92) received August 8, rule — Registered Importers of Vehicles Not 6948. A letter from the Director, Regu- 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Originally Manufactured to Conform to the latory Management Division, Environmental Committee on Financial Services. Federal Motor Vehicle Safety Standards Protection Agency, transmitting the Agen- 6928. A letter from the Regulatory Spe- [Docket No.: NHTSA-2013-0041; Notice 2] cy’s final rule — Sweet Orange Peel Tinc- cialist, LRAD, Department of the Treasury, (RIN: 2127-AL43) received August 11, 2014, ture; Exemption from the Requirement of a transmitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Tolerance [EPA-HQ-OPP-2013-0444; FRL-9909- Regulatory Capital Rules: Advanced Ap- mittee on Energy and Commerce. 83] received August 15, 2014, pursuant to 5 proaches Risk-Based Capital Rule, Revisions 6940. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on En- to the Definition of Eligible Guarantee latory Management Division, Environmental ergy and Commerce. [Docket ID: OCC-2014-0012] (RIN: 1557-AD83) Protection Agency, transmitting the Agen- 6949. A letter from the Secretary, Depart- received August 14, 2014, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation ment of the Treasury, transmitting As re- 801(a)(1)(A); to the Committee on Financial of Air Quality Implementation Plans; Colo- quired by section 401(c) of the National Services. rado; Revisions to Regulation Number 1; Cor- Emergencies Act, 50 U.S.C. 1641(c), and sec- 6929. A letter from the Chairman and Presi- rection [EPA-R08-OAR-2009-0790; FRL-9914- tion 204(c) of the International Emergency dent, Export-Import Bank, transmitting a 08-Region 8] received August 15, 2014, pursu- Economic Powers Act with respect to Cote report on transactions involving U.S. exports ant to 5 U.S.C. 801(a)(1)(A); to the Committee d’Ivoire that was declared in Executive Order to Ethiopian Airlines SC (Ethiopian Air- on Energy and Commerce. 13396 of February 7, 2006, pursuant to 50 lines) of Ababa, Ethiopia, pursuant to Sec- 6941. A letter from the Director, Regu- U.S.C. 1641(c); to the Committee on Foreign tion 2(b)(3) of the Export-Import Bank Act of latory Management Division, Environmental Affairs. 1945, as amended; to the Committee on Fi- Protection Agency, transmitting the Agen- 6950. A letter from the Assistant Secretary, nancial Services. cy’s final rule — Approval and Promulgation Department of Defense, transmitting a Re- 6930. A letter from the Chairman and Presi- of Implementation Plans; State of Missouri, port on Proposed Obligations for Cooperative dent, Export-Import Bank, transmitting a Certain Coals to Be Washed [EPA-R075-OAR- Threat Reduction; to the Committee on For- report on transactions involving U.S. exports 20140-0582; FRL-9915-30-Region 7] received Au- eign Affairs. to Avianca Holdings S.A. (Avianca Holdings) gust 15, 2014, pursuant to 5 U.S.C. 6951. A letter from the Acting Assistant of Panama City, Panama pursuant to Sec- 801(a)(1)(A); to the Committee on Energy and Secretary, Legislative Affairs, Department tion 2(b)(3) of the Export-Import Bank Act of Commerce. of State, transmitting Transmittal No. 1945, as amended; to the Committee on Fi- 6942. A letter from the Director, Regu- DDTC 14-073, pursuant to the reporting re- nancial Services. latory Management Division, Environmental quirements of Section 36(d) of the Arms Ex- 6931. A letter from the Chairman and Presi- Protection Agency, transmitting the Agen- port Control Act; to the Committee on For- dent, Export-Import Bank, transmitting a cy’s final rule — Approval and Promulgation eign Affairs. report on transactions involving U.S. exports of Air Quality Implementation Plans; New 6952. A letter from the Assistant Secretary, to Air China Limited (Air China), Beijing, Hampshire; Reasonably Available Control Legislative Affairs, Department of State, China pursuant to Section 2(b)(3) of the Ex- Technology for Nitrogen Oxides and Volatile transmitting Transmittal No. DDTC 14-072, port-Import Bank of 1945, as amended; to the Organic Compounds [EPA-R01-OAR-2012-0848; pursuant to the reporting requirements of Committee on Financial Services. A-1-FRL-9913-00-Region 1] received August Section 36(c) of the Arms Export Control 6932. A letter from the Chairman and Presi- 15, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to Act; to the Committee on Foreign Affairs. dent, Export-Import Bank, transmitting a the Committee on Energy and Commerce. 6953. A letter from the Assistant Secretary, report on transactions involving U.S. exports 6943. A letter from the Administrator, En- Legislative Affairs, Department of State, to Mexico pursuant to Section 2(b)(3) of the vironmental Protection Agency, transmit- transmitting Transmittal No. DDTC 14-065, Export-Import Bank Act of 1945, as amended; ting a report on the implementation of the pursuant to the reporting requirements of to the Committee on Financial Services. Formaldehyde Standards for Composite Section 36(c) of the Arms Export Control 6933. A letter from the Chairman and Presi- Wood Products Act; to the Committee on En- Act; to the Committee on Foreign Affairs. dent, Export-Import Bank, transmitting a ergy and Commerce. 6954. A letter from the Assistant Secretary, report on transactions involving U.S. exports 6944. A letter from the Director, Regu- Legislative Affairs, Department of State, to the United Kingdom pursuant to Section latory Management Division, Environmental transmitting Transmittal No. DDTC 14-087, 2(b)(3) of the Export-Import Bank Act of 1945, Protection Agency, transmitting the Agen- pursuant to the reporting requirements of as amended; to the Committee on Financial cy’s final rule — Approval and Promulgation Section 36(c) of the Arms Export Control Services. of Implementation Plans; State of Missouri: Act; to the Committee on Foreign Affairs. 6934. A letter from the Director, Office of Infrastructure SIP Requirements for the 2008 6955. A letter from the Assistant Secretary, Legislative Affairs, Federal Deposit Insur- Lead National Ambient Air Quality Stand- Legislative Affairs, Department of State, ance Corporation, transmitting the Corpora- ard [EPA-R07-OAR-2014-0290; FRL-9915-28-Re- transmitting Transmittal No. DDTC 14-086, tion’s final rule — Transferred OTS Regula- gion 7] received August 15, 2014, pursuant to pursuant to the reporting requirements of tions and FDIC Regulations Regarding Dis- 5 U.S.C. 801(a)(1)(A); to the Committee on Section 36(c) of the Arms Export Control closure and Reporting of CRA-Related Agree- Energy and Commerce. Act; to the Committee on Foreign Affairs. ments (RIN: 3064-AE09) received August 8, 6945. A letter from the Director, Regu- 6956. A letter from the Assistant Secretary, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental Legislative Affairs, Department of State, Committee on Financial Services. Protection Agency, transmitting the Agen- transmitting Transmittal No. DDTC 14-055, 6935. A letter from the Chair, Securities cy’s final rule — Approval and Promulgation pursuant to the reporting requirements of and Exchange Commission, transmitting the of Implementation Plans; Washington: Kent, Section 36(c) of the Arms Export Control Commission’s 2013 Annual Report of the Se- Seattle, and Tacoma Second 10-Year PM10 Act; to the Committee on Foreign Affairs. curities Investor Protection Corporation; to Limited Maintenance Plan [EPA-R10-OAR- 6957. A letter from the Assistant Secretary, the Committee on Financial Services. 2013-0713; FRL-9915-40-Region 10] received Au- Legislative Affairs, Department of State, 6936. A letter from the Director, Office of gust 15, 2014, pursuant to 5 U.S.C. transmitting Designation of Countries of Management and Budget, transmitting a re- 801(a)(1)(A); to the Committee on Energy and Particular Concern, Imposition of Presi- port on discretionary appropriations legisla- Commerce. dential Actions, and Exercise of Waiver Au- tion within seven calendar days of enact- 6946. A letter from the Director, Regu- thority Under the International Religious ment; to the Committee on the Budget. latory Management Division, Environmental Freedom Act of 1998; to the Committee on 6937. A letter from the Assistant Secretary, Protection Agency, transmitting the Agen- Foreign Affairs. Office of Electricity Delivery and Energy Re- cy’s final rule — Approval and Promulgation 6958. A letter from the Assistant Legal Ad- liability, Department of Energy, transmit- of State Implementation Plans; Hawaii; In- viser, Office of Treaty Affairs, Department of ting a report entitled ‘‘2014 Smart Grid Sys- frastructure Requirements for the 2008 8- State, transmitting a report prepared by the tem Report’’; to the Committee on Energy Hour Ozone and the 2010 Nitrogen Dioxide Department of State concerning inter- and Commerce. National Ambient Air Quality Standards national agreements other than treaties en- 6938. A letter from the Program Analyst, [EPA-R09-OAR-2014-0317; FRL-9915-38-Region tered into by the United States to be trans- Department of Transportation, transmitting 9] received August 15, 2014, pursuant to 5 mitted to the Congress within the sixty-day the Department’s final rule — Make Inoper- U.S.C. 801(a)(1)(A); to the Committee on En- period specified in the Case-Zablocki Act; to ative Exemptions; Vehicle Modifications To ergy and Commerce. the Committee on Foreign Affairs. Accommodate People With Disabilities; 6947. A letter from the Director, Regu- 6959. A letter from the Chairman, National Ejection Mitigation; Lamps, Reflective De- latory Management Division, Environmental Transportation Safety Board, transmitting

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE September 9, 2014 CONGRESSIONAL RECORD — HOUSE H7387 in accordance with Pub. L. 105-270, the Fed- — Update for Weighted Average Interest By Mr. POE of Texas (for himself, Mrs. eral Activities Inventory Reform Act of 1998 Rates, Yield Curves, and Segment Rates [No- NOEM, and Mr. LAMALFA): (FAIR Act), the Board’s inventory of com- tice 2014-48] received August 14, 2014, pursu- H.R. 5417. A bill to prohibit certain nutri- mercial activities for 2014; to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion rules with respect to foods sold at on Oversight and Government Reform. on Ways and Means. schools as a fundraiser; to the Committee on 6960. A letter from the Acting Auditor, Of- 6971. A letter from the Chief, Publications Education and the Workforce. fice of the District of Columbia Auditor, and Regulations Branch, Internal Revenue By Mr. BOUSTANY: transmitting a report entitled, ‘‘Contractor Service, transmitting the Service’s final rule H.R. 5418. A bill to prohibit officers and Selection and Quality Assurance for Select — Clarification and Modification of Notice employees of the Internal Revenue Service DDOT Road Projects’’; to the Committee on 2013-29 and Notice 2013-60 [Notice 2014-46] re- from using personal email accounts to con- Oversight and Government Reform. ceived August 14, 2014, pursuant to 5 U.S.C. duct official business; to the Committee on 6961. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Ways and Ways and Means. Department of Homeland Security, transmit- Means. By Mr. BOUSTANY: ting the Department’s final rule — Draw- 6972. A letter from the Chief, Publications H.R. 5419. A bill to amend the Internal Rev- bridge Operation Regulation; Gulf Intra- and Regulations, Internal Revenue Service, enue Code of 1986 to provide for a right to an coastal Waterway, St. Petersburg Beach, FL transmitting the Service’s final rule — administrative appeal relating to adverse de- [Docket No.: USCG-2014-0437] (RIN: 1625- Awards for Information Relating to Detect- terminations of tax-exempt status of certain AA09) received August 14, 2014, pursuant to 5 ing Underpayments of Tax or Violations of organizations; to the Committee on Ways U.S.C. 801(a)(1)(A); to the Committee on the Internal Revenue Laws [TD 9687] (RIN: and Means. Transportation and Infrastructure. 1545-BL08) received August 14, 2014, pursuant By Mr. BOUSTANY: 6962. A letter from the Attorney Advisor, to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 5420. A bill to amend the Internal Rev- Department of Homeland Security, transmit- Ways and Means. enue Code of 1986 to permit the release of in- ting the Department’s final rule — Safety 6973. A letter from the Inspector General, formation regarding the status of certain in- Zone, James River; Newport News, VA Department of Health and Human Services, vestigations; to the Committee on Ways and [Docket No.: USCG-2014-0376] (RIN: 1625- transmitting a report entitled ‘‘Review of Means. AA00) received August 14, 2014, pursuant to 5 Medicare Contractor Information Security By Mr. BACHUS (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on Program Evaluations for Fiscal Year 2012’’; GOODLATTE, and Mr. CONYERS): Transportation and Infrastructure. jointly to the Committees on Energy and H.R. 5421. A bill to amend title 11 of the 6963. A letter from the Attorney Advisor, Commerce and Ways and Means. United States Code in order to facilitate the Department of Homeland Security, transmit- 6974. A letter from the Executive Director, resolution of an insolvent financial institu- ting the Department’s final rule — Safety Office of Compliance, transmitting a notice tion in bankruptcy; to the Committee on the Zone, Elizabeth River; Norfolk, VA [Docket of proposed rulemaking and request for com- Judiciary. No.: USCG-2014-0619] (RIN: 1625-AA00) re- ments from interested parties regarding pro- By Mr. WALBERG (for himself, Mr. ceived August 15, 2014, pursuant to 5 U.S.C. posed amendments to the rules of procedure, ROKITA, and Mr. HUDSON): 801(a)(1)(A); to the Committee on Transpor- pursuant to 2 U.S.C. 1383; jointly to the Com- H.R. 5422. A bill to amend title VII of the tation and Infrastructure. mittees on House Administration and Edu- Civil Rights Act of 1964 to require the EEOC 6964. A letter from the Attorney Advisor, cation and the Workforce. to approve commencing or intervening in Department of Homeland Security, transmit- 6975. A letter from the Chair of the Board certain litigation, and for other purposes; to ting the Department’s final rule — Special of Directors, Office of Compliance, transmit- the Committee on Education and the Work- Local Regulations and Safety Zones; Marine ting a notice of proposed rule making and re- force. Events in Captain of the Port Long Island quest for comments from interested parties By Mr. WALBERG (for himself, Mr. Sound Zone [Docket Number: USCG-2014- regarding extending rights and protections ROKITA, and Mr. HUDSON): 0446] (RIN: 1625-AA08; 1625-AA00) received Au- under the Americans with Disabilities Act, H.R. 5423. A bill to amend title VII of the gust 14, 2014, pursuant to 5 U.S.C. pursuant to 2 U.S.C. 1331; jointly to the Com- Civil Rights Act of 1964 to exclude the appli- 801(a)(1)(A); to the Committee on Transpor- mittees on House Administration and Edu- cation of such title to employment practices tation and Infrastructure. cation and the Workforce. that are in compliance with Federal regula- 6965. A letter from the Attorney Advisor, tions, and State laws, in certain areas; to the f Department of Homeland Security, transmit- Committee on Education and the Workforce. ting the Agency’s final rule — Offshore Sup- REPORTS OF COMMITTEES ON By Mr. GRAYSON: ply Vessels of at Least 6,000 GT ITC [Docket PUBLIC BILLS AND RESOLUTIONS H.R. 5424. A bill to create the Made-in- America Bank; to the Committee on Finan- No.: USCG-2012-0208] (RIN: 1625-AB62) re- Under clause 2 of rule XIII, reports of ceived August 14, 2014, pursuant to 5 U.S.C. cial Services. 801(a)(1)(A); to the Committee on Transpor- committees were delivered to the Clerk By Mr. MCNERNEY (for himself, Mr. tation and Infrastructure. for printing and reference to the proper BERA of California, Mr. GARAMENDI, 6966. A letter from the Secretary, Depart- calendar, as follows: and Mr. THOMPSON of California): ment of Transportation, transmitting the Mr. UPTON: Committee on Energy and H.R. 5425. A bill to prohibit the use of Fed- Department’s report on the Transportation Commerce. H.R. 4067. A bill to provide for eral funds for the Bay Delta Conservation Infrastructure Finance and Innovation Act the extension of the enforcement instruction Plan; to the Committee on Natural Re- of 1998 (TIFIA) for 2014; to the Committee on on supervision requirements for outpatient sources. Transportation and Infrastructure. therapeutic services in critical access and By Mr. GRAYSON: 6967. A letter from the Director, Regu- small rural hospitals through 2014 (Rept. 113– H.R. 5426. A bill to reauthorize and amend latory Management Division, Environmental 582, Pt. 1). Referred to the Committee of the the National Oceanic and Atmospheric Ad- Protection Agency, transmitting the Agen- Whole House on the state of the Union ministration Commissioned Officer Corps cy’s final rule — National Pollutant Dis- Mr. KLINE: Committee on Education and Act of 2002, and for other purposes; to the charge Elimination System (NPDES): Use of the Workforce. H.R. 4321. A bill to amend the Committee on Natural Resources, and in ad- Sufficiently Sensitive Test Methods for Per- National Labor Relations Act to require that dition to the Committees on Armed Services, mit Applications and Reporting [EPA-HQ- lists of employees eligible to vote in orga- Veterans’ Affairs, the Judiciary, and Over- OW-2009-1019; FRL-9915-18-OW] (RIN: 2040- nizing elections be provided to the National sight and Government Reform, for a period AC84) received August 15, 2014, pursuant to 5 Labor Relations Board; with an amendment to be subsequently determined by the Speak- U.S.C. 801(a)(1)(A); to the Committee on (Rept. 113–583). Referred to the Committee of er, in each case for consideration of such pro- Transportation and Infrastructure. the Whole House on the state of the Union. visions as fall within the jurisdiction of the 6968. A letter from the Acting Secretary, Mr. BURGESS: Committee on Rules. House committee concerned. Department of Veterans Affairs, transmit- Resolution 717. A resolution providing for By Mr. ISRAEL (for himself and Mr. ting a letter regarding the state of the De- consideration of the bill (H.R. 3522) to au- BISHOP of New York): partment of Veterans Affairs; to the Com- thorize health insurance issuers to continue H.R. 5427. A bill to amend the Internal Rev- mittee on Veterans’ Affairs. to offer for sale current group health insur- enue Code of 1986 to establish small business 6969. A letter from the Federal Register Li- ance coverage in satisfaction of the min- savings accounts; to the Committee on Ways aison Officer, Department of the Treasury, imum essential health insurance coverage and Means. transmitting the Department’s final rule — requirement, and for other purposes (Rept. By Mr. PEARCE: Establishment of the Manton Valley 113–584). Referred to the House Calendar. H.R. 5428. A bill to provide for the imple- Viticultural Area [Docket No.: TTB-2014- mentation of the negotiated property divi- 0001; T.D. TTB-122; Ref: Notice No. 141] (RIN: f sion regarding Former Fort Wingate Depot 1513-AC03) received August 13, 2014, pursuant PUBLIC BILLS AND RESOLUTIONS Activity in McKinley County, New Mexico, to 5 U.S.C. 801(a)(1)(A); to the Committee on and for other purposes; to the Committee on Ways and Means. Under clause 2 of rule XII, public Natural Resources. 6970. A letter from the Chief, Publications bills and resolutions of the following By Mr. PETERS of California: and Regulations Branch, Internal Revenue titles were introduced and severally re- H.R. 5429. A bill to amend the Tele- Service, transmitting the Service’s final rule ferred, as follows: communications Act of 1996 to restore the

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE H7388 CONGRESSIONAL RECORD — HOUSE September 9, 2014 authority of the Federal Communications the subject of Bankruptcies throughout the ticle I of the Constitution of the United Commission to adopt certain rules relating United States;’’ Article I, Section 8, clause 9 States (the appropriation power), which to preserving the open Internet and to direct of the United States Constitution, in that states: ‘‘No Money shall be drawn from the the Commission to take all actions nec- the legislation exercises legislative power Treasury, but in Consequence of Appropria- essary to restore to effect vacated portions granted to Congress by that clause ‘‘to con- tions made by Law . . . .’’ In addition, clause of such rules; to the Committee on Energy stitute Tribunals inferior to the Supreme 1 of section 8 of article I of the Constitution and Commerce. Court;’’ Article I, Section 8, clause 18 of the (the spending power) provides: ‘‘The Con- By Mr. VARGAS (for himself and Mr. United States Constitution, in that the legis- gress shall have the Power. . . to pay the ROONEY): lation exercises legislative power granted to Debts and provide for the common Defence H.R. 5430. A bill to direct the Secretary of Congress by that clause ‘‘to make all Laws and general Welfare of the United States . . State, in consultation with the Secretary of which shall be necessary and proper for car- . .’’ Together, these specific constitutional Homeland Security, to establish processes rying into Execution the foregoing Powers, provisions establish the congressional power for certain aliens located in Iraq, Saudi Ara- and all other Powers vested by this Constitu- of the purse, granting Congress the author- bia, Lebanon, Jordan, Kuwait, Turkey, or tion in the Government of the United States, ity to appropriate funds, to determine their Syria to apply for admission to the United or in any Department or Officer thereof;’’ purpose, amount, and period of availability, States as refugees, and for other purposes; to and, Article III of the United States Con- and to set forth terms and conditions gov- the Committee on the Judiciary. stitution, in that the legislation defines or erning their use. By Mr. ROGERS of Kentucky: affects powers of the Judiciary that are sub- f H.J. Res. 124. A joint resolution making ject to legislation by Congress. continuing appropriations for fiscal year By Mr. WALBERG: ADDITIONAL SPONSORS 2015, and for other purposes; to the Com- H.R. 5422. mittee on Appropriations, and in addition to Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors the Committee on the Budget, for a period to lation pursuant to the following: were added to public bills and resolu- be subsequently determined by the Speaker, Article I, section 8 of the Constitution of tions, as follows: in each case for consideration of such provi- the United States H.R. 274: Ms. MATSUI. sions as fall within the jurisdiction of the By Mr. WALBERG: H.R. 292: Mr. CUMMINGS. committee concerned. H.R. 5423. 1 Congress has the power to H.R. 440: Mr. JOYCE. By Mr. SCHWEIKERT (for himself, Mr. enact this legislation pursuant to the fol- H.R. 498: Mr. SMITH of Washington, Mr. ROHRABACHER, and Ms. GABBARD): lowing: HECK of Washington, Mr. NOLAN, and Mr. Article I, section 8 of the Constitution of H. Res. 718. A resolution calling on the De- YOUNG of Alaska. the United States partment of Defense to expedite the delivery H.R. 508: Ms. DUCKWORTH. By Mr. GRAYSON: of all necessary military equipment, weap- H.R. 543: Ms. GRANGER. H.R. 5424. ons, ammunition, and other needed mate- H.R. 572: Mr. CARTWRIGHT. Congress has the power to enact this legis- rials to the Kurdish Peshmerga forces to suc- H.R. 628: Ms. SPEIER. lation pursuant to the following: cessfully combat and defeat the Islamic H.R. 800: Mr. MCCAUL. Article I, Clause 8, of the Constitution of State of Iraq and al-Sham (ISIS); to the H.R. 831: Mrs. BUSTOS. the United States. Committee on Foreign Affairs. H.R. 855: Ms. DELAURO. By Mr. MCNERNEY: f H.R. 920: Mr. RUIZ and Mr. SHUSTER. H.R. 5425. H.R. 997: Mr. MEADOWS. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 1015: Ms. MENG, Mr. CROWLEY, Ms. lation pursuant to the following: STATEMENT DELAURO, Mr. PETERS of Michigan, Mr. Article I, section 8 of the United States BRALEY of Iowa, Mr. GRAYSON, and Mr. Pursuant to clause 7 of rule XII of Constitution. MCCAUL. the Rules of the House of Representa- By Mr. GRAYSON: H.R. 1020: Mr. STUTZMAN. tives, the following statements are sub- H.R. 5426. H.R. 1027: Mr. SIRES. mitted regarding the specific powers Congress has the power to enact this legis- H.R. 1070: Mr. AL GREEN of Texas and Mr. granted to Congress in the Constitu- lation pursuant to the following: Article I, Clause 8 of the Constitution of HARPER. tion to enact the accompanying bill or H.R. 1179: Mrs. BUSTOS. joint resolution. the United States. By Mr. ISRAEL: H.R. 1213: Mr. BUTTERFIELD. By Mr. POE of Texas: H.R. 5427. H.R. 1249: Mr. BRIDENSTINE. H.R. 5417. Congress has the power to enact this legis- H.R. 1252: Mr. TIBERI, Mr. RAHALL, and Ms. Congress has the power to enact this legislation pursuant to the following: KAPTUR. lation pursuant to the following: This bill is enacted pursuant to the powers H.R. 1286: Mr. PASCRELL. Article One of the United States Constitu- granted to the Congress by Article I. Section H.R. 1309: Mr. RENACCI and Mr. SMITH of tion, located at section 8, clause 18. 8, Clauses 1 of the United States Constitu- Texas. ´ By Mr. BOUSTANY: tion. H.R. 1318: Mr. GUTIERREZ. H.R. 5418. By Mr. PEARCE: H.R. 1389: Mr. MICHAUD. Congress has the power to enact this legis- H.R. 5428. H.R. 1563: Ms. GRANGER. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1573: Mr. CAPUANO. Clauses 1 and 18 of Section 8 of Article I of lation pursuant to the following: H.R. 1652: Ms. KELLY of Illinois, Mr. RICH- the United States Constitution. Article 1, Section 8, Clause 3 of the Con- MOND, Mr. HANNA, and Mr. Pierluisi. By Mr. BOUSTANY: stitution of the United States grants Con- H.R. 1692: Mr. GENE GREEN of Texas and H.R. 5419. gress the power to enact this law. Mr. ELLISON. Congress has the power to enact this legis- By Mr. PETERS of California: H.R. 1695: Mr. ROONEY. lation pursuant to the following: H.R. 5429. H.R. 1750: Mr. COBLE and Mr. WEBER of Clauses 1 and 18 of Section 8 of Article I of Congress has the power to enact this legis- Texas. the United States Constitution. lation pursuant to the following: H.R. 1761: Mr. LOBIONDO, Mrs. BEATTY, and By Mr. BOUSTANY: Article 1, Section 8 Mr. GIBSON. H.R. 5420. By Mr. VARGAS: H.R. 1795: Mr. GRAYSON and Mr. TERRY. Congress has the power to enact this legis- H.R. 5430. H.R. 1801: Mr. SMITH of New Jersey. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1941: Mrs. NAPOLITANO. Clauses 1 and 18 of Section 8 of Article I of lation pursuant to the following: H.R. 1975: Mr. SCOTT of Virginia, Mr. YAR- the United States Constitution. (1) To establish a uniform Rule of Natu- MUTH, and Mr. VAN HOLLEN. By Mr. BACHUS: ralization, as enumerated in Article I, Sec- H.R. 2030: Mrs. NAPOLITANO. H.R. 5421. tion 8, Clause 4 of the U.S. Constitution. H.R. 2194: Mr. OLSON. Congress has the power to enact this legis- By Mr. ROGERS of Kentucky: H.R. 2224: Mr. RANGEL. lation pursuant to the following: H.J. Res. 124. H.R. 2305: Mr. COTTON. Article I, Section 8, clause 3 of the United Congress has the power to enact this legis- H.R. 2366: Mrs. CAROLYN B. MALONEY of States Constitution, in that the legislation lation pursuant to the following: New York and Mr. CAPUANO. exercises legislative power granted to Con- Pursuant to clause 7(c) of rule XII of the H.R. 2414: Mr. BENISHEK. gress by that clause ‘‘to regulate Commerce Rules of the House of Representatives, the H.R. 2477: Ms. WASSERMAN SCHULTZ. with foreign Nations, and among the several following statement is submitted regarding H.R. 2479: Mr. SEAN PATRICK MALONEY of States, and with Indian tribes;’’ Article I, the specific powers granted to Congress in New York. Section 8, clause 4 of the United States Con- the Constitution to enact the accompanying H.R. 2529: Mr. LYNCH. stitution, in that the legislation exercises bill or joint resolution. H.R. 2673: Mr. KLINE, Mr. GIBSON, and Mr. legislative power granted to Congress by The principal constitutional authority for COOPER. that clause ‘‘to establish ... uniform Laws on this legislation is clause 7 of section 9 of ar- H.R. 2707: Mr. POE of Texas.

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H.R. 2725: Mr. THOMPSON of California. H.R. 4717: Mrs. BEATTY. H.R. 5260: Mr. ROSS. H.R. 2780: Mr. NADLER and Mr. LYNCH. H.R. 4740: Mr. ROE of Tennessee, Mr. H.R. 5277: Mrs. NAPOLITANO and Ms. H.R. 2831: Ms. LOFGREN. THOMPSON of California, and Mr. MCKINLEY. KUSTER. H.R. 2847: Mr. BEN RAY LUJA´ N of New Mex- H.R. 4746: Mr. RANGEL. H.R. 5285: Mr. SMITH of Nebraska and Mr. ico and Ms. CLARKE of New York. H.R. 4785: Mr. KELLY of Pennsylvania, Mr. RIBBLE. H.R. 2856: Mr. ELLISON, Ms. WILSON of Flor- RANGEL and Mr. NUNES. H.R. 5294: Mr. LOWENTHAL and Mr. HOLT. H.R. 4826: Mr. RANGEL, and Mr. ISRAEL. ida, Ms. MOORE, Mr. CICILLINE, Mr. SHERMAN, H.R. 5320: Mr. JONES, Mr. ELLISON, Mr. H.R. 4833: Mr. MEEKS. Mrs. NAPOLITANO, Mrs. CAROLYN B. MALONEY LUCAS, Mr. COTTON, and Mr. CAPUANO. H.R. 4857: Mr. PASCRELL. of New York, and Mr. HUFFMAN. H.R. 5354: Ms. SLAUGHTER. H.R. 4865: Mr. PERLMUTTER. H.R. 2869: Mr. MCCAUL. ´ H.R. 4895: Mr. CONNOLLY. H.R. 5370: Mr. CARDENAS, Mrs. KIRK- H.R. 2917: Mr. LOEBSACK. H.R. 4906: Mrs. NAPOLITANO and Ms. MCCOL- PATRICK, Mr. HASTINGS of Florida, and Mr. H.R. 2994: Ms. KUSTER, Mr. GINGREY of LUM. GRIJALVA. Georgia, Mr. KEATING, Mr. UPTON, Mr. HUD- H.R. 4920: Mr. AUSTIN SCOTT of Georgia and H.R. 5392: Mr. JONES, Mr. MCCLINTOCK, Mr. SON, Mr. O’ROURKE, Mr. LANCE, and Mr. Mr. RYAN of Ohio. TIPTON, and Mr. LONG. WOMACK. H.R. 4930: Mr. LUETKEMEYER, Mr. FORTEN- H.R. 5402: Mr. GOODLATTE. H.R. 2996: Mr. MCKINLEY. BERRY, Mr. KING of New York, and Mr. ROS- H.R. 5403: Mrs. BEATTY, Ms. HERRERA H.R. 3040: Ms. DELBENE. KAM. BEUTLER, Mr. SMITH of Texas, Mr. CUELLAR, H.R. 3115: Mr. VARGAS. H.R. 4957: Mr. NUNNELEE. and Mr. SENSENBRENNER. H.R. 3116: Mrs. WAGNER, Mr. GARCIA, Mr. H.R. 4960: Mr. HANNA, Mr. OLSON, Mr. HAS- H.R. 5408: Mr. WEBER of Texas, Mr. HARRIS, TERRY, Mr. HULTGREN, Mr. HOLDING, Mr. TINGS of Florida, Ms. HAHN, Mr. POSEY, Mrs. Mr. PEARCE, Mrs. LUMMIS, Mrs. BLACKBURN, BUCHANAN, Mr. WALZ, and Mr. MATHESON. NAPOLITANO, Mr. GENE GREEN of Texas, Ms. Mr. POSEY, Mr. COTTON, and Mr. BYRNE. H.R. 3279: Mr. COLLINS of Georgia. KUSTER, Mr. RUPPERSBERGER, Ms. SINEMA, H.R. 5415: Mr. PEARCE and Mr. DAVID SCOTT H.R. 3330: Mr. PERLMUTTER. Mr. GARY G. MILLER of California, Mr. of Georgia. H.R. 3367: Mr. MCCAUL. COBLE, Mrs. BLACKBURN, Mr. MCKEON, Ms. OUSTANY H.R. 3403: Mr. BARLETTA. H.J. Res. 47: Mr. B . MATSUI, Mr. LOWENTHAL, Mr. FOSTER, Mr. H.R. 3426: Ms. SHEA-PORTER. H.J. Res. 119: Mr. CARNEY. MARINO, Mr. GUTIE´ RREZ, Mr. NUGENT, Mr. H.R. 3489: Mr. SMITH of Nebraska. H.J. Res. 123: Mr. LONG, Mr. BROUN of Geor- WAXMAN, Ms. KAPTUR, Mr. SMITH of New Jer- H.R. 3543: Mr. LANGEVIN and Mr. CUMMINGS. gia, Mrs. BLACKBURN, Mr. WALBERG, Mrs. sey, Mr. HECK of Nevada, Mr. RICHMOND, Mrs. H.R. 3680: Mr. HANNA. BACHMANN, Mr. PEARCE, and Mr. ADERHOLT. NEGRETE MCLEOD, Ms. WASSERMAN SCHULTZ, H.R. 3708: Mr. AUSTIN SCOTT of Georgia, H. Con. Res. 27: Ms. PINGREE of Maine. Mr. WOMACK, Mr. HUFFMAN, and Mr. FORTEN- Mr. GARY G. MILLER of California, Mr. H. Res. 109: Ms. CLARK of Massachusetts BERRY. NUNNELEE. and Ms. DUCKWORTH. H.R. 4966: Mrs. CAROLYN B. MALONEY of H. Res. 147: Mr. FITZPATRICK. H.R. 3712: Mr. QUIGLEY. New York. H. Res. 190: Ms. MICHELLE LUJAN GRISHAM H.R. 3717: Mr. HOLT, Mr. BYRNE, and Ms. H.R. 4969: Mr. LUETKEMEYER, Mrs. of New Mexico. HERRERA BEUTLER. HARTZLER, Mr. PERLMUTTER, and Mr. H. Res. 231: Mr. YODER and Mr. CAPUANO. H.R. 3742: Mr. DESJARLAIS. FRELINGHUYSEN. H.R. 3749: Mr. HUFFMAN. H.R. 4971: Ms. KUSTER. H. Res. 281: Mr. FRANKS of Arizona and Mr. H.R. 3862: Mr. MCKINLEY. H.R. 4986: Mr. ROSS. RIBBLE. H.R. 3902: Ms. MCCOLLUM, Mr. SCOTT of Vir- H.R. 4988: Mr. ROSS. H. Res. 611: Mr. WAXMAN. ginia, Ms. KUSTER, Mr. CONYERS, Mr. CAPU- H.R. 4989: Mr. FORTENBERRY. H. Res. 614: Mr. WOLF, Mr. MARINO, and Mr. ANO, Mr. BYRNE, and Mr. GIBSON. Capuano, H.R. 5012: Ms. DELAURO, Mr. TONKO, Mr. WEBER of Texas. H.R. 3991: Mrs. CAPITO and Mr. ROE of Ten- QUIGLEY, Ms. MOORE, Mr. COURTNEY, Ms. H. Res. 620: Ms. GABBARD. nessee. SCHAKOWSKY, Mr. WELCH, Mr. RUSH, Mr. H. Res. 668: Ms. MCCOLLUM, Mr. JOHNSON of H.R. 4042: Mr. KLINE and Mr. PAULSEN. TAKANO, Mr. MAFFEI, Ms. DUCKWORTH, Mrs. Georgia, Ms. NORTON, Ms. SHEA-PORTER, Mr. H.R. 4109: Mr. HUDSON. KIRKPATRICK, Mr. DEFAZIO, Mr. HOLT, Ms. HONDA, Mrs. BUSTOS, Mr. KEATING, Mr. H.R. 4148: Mr. KILMER. KAPTUR, and Ms. NORTON. TONKO, Mr. DANNY K. DAVIS of Illinois, Ms. H.R. 4158: Mr. FORTENBERRY. H.R. 5020: Mr. CRAMER. SINEMA, Mr. SCHIFF, Mr. CAPUANO, Mr. H.R. 4172: Mr. UPTON. H.R. 5063: Ms. DELBENE and Mr. KENNEDY. LYNCH, Mr. PERLMUTTER, and Mr. BLU- H.R. 4188: Mr. ROSKAM and Mr. ROE of Ten- H.R. 5071: Mr. BYRNE, Mrs. NOEM and Ms. MENAUER. nessee. DELBENE. H. Res. 688: Mr. WAXMAN, Mr. CARSON of In- H.R. 4190: Mr. JOYCE and Mrs. NOEM. H.R. 5082: Mr. KELLY of Pennsylvania, Mr. diana, Mr. LARSEN of Washington, Mr. MEAD- H.R. 4208: Mr. DENHAM. LOBIONDO, Mr. LEVIN, and Mrs. LOWEY. OWS, and Mr. HASTINGS of Florida. H.R. 4260: Mr. MORAN and Mr. MEEKS. H.R. 5083: Mr. LUETKEMEYER. H. Res. 690: Mr. KEATING. H.R. 5084: Mr. HUFFMAN. H.R. 4319: Mrs. HARTZLER, Mr. LABRADOR, H. Res. 707: Mr. DESANTIS, Mr. LATTA, Mr. H.R. 5085: Mr. COFFMAN. and Mr. TIPTON. ADERHOLT, Mr. BERA of California, Mr. H.R. 5098: Mr. FRANKS of Arizona. H.R. 4351: Mr. LATTA, Mr. POSEY, and Ms. SIRES, Mr. SCHIFF, Mr. SARBANES, Ms. CHU, H.R. 5159: Mr. KENNEDY. DUCKWORTH. Mr. FRANKS of Arizona, Ms. TITUS, Mr. LAM- H.R. 5169: Mr. CARTER. H.R. 4399: Ms. KUSTER. H.R. 5179: Ms. BASS and Ms. SLAUGHTER. BORN, Mrs. CAPITO, Mr. CARTWRIGHT, Mr. H.R. 4421: Mr. ROGERS of Michigan. H.R. 5185: Mr. TAKANO, Mr. BISHOP of New RUNYAN, and Mr. RIBBLE. H.R. 4437: Mr. BARLETTA. York, Mr. KING of New York, Ms. JACKSON H. Res. 711: Mr. PERLMUTTER, Ms. LORETTA H.R. 4440: Ms. CLARKE of New York, Mr. LEE, Ms. CLARKE of New York, Ms. DELAURO, SANCHEZ of California, Mr. HONDA, and Mr. CAPUANO, Mr. SERRANO, Mr. HOLT, and Mr. Mr. WAXMAN, Ms. LOFGREN, and Mr. GRI- SMITH of New Jersey. CICILLINE. JALVA. H.R. 4510: Mr. WEBER of Texas, Mr. HAS- H.R. 5193: Mr. COFFMAN. f TINGS of Florida, Mr. GRAVES of Missouri, H.R. 5212: Mrs. LUMMIS, Mr. PEARCE, and Mr. ROONEY, Mr. PERRY, and Mr. RYAN of Mr. RIBBLE. Ohio. H.R. 5213: Mr. HASTINGS of Washington, Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 4515: Ms. MATSUI. AMODEI, Mr. YOUNG of Indiana, Mr. GRIFFIN ITED TAX BENEFITS, OR LIM- H.R. 4525: Mrs. NAPOLITANO, Ms. GABBARD, of Arkansas, Mr. LUETKEMEYER, Mr. COLLINS ITED TARIFF BENEFITS Ms. SHEA-PORTER, Ms. LINDA T. SA´ NCHEZ of of New York, Mr. HANNA, and Mr. SCHOCK. Under clause 9 of rule XXI, lists or California, Ms. LOFGREN, and Mr. H.R. 5226: Mrs. WAGNER, Mr. STEWART, and LOWENTHAL. Mr. CARTWRIGHT. statements on congressional earmarks, H.R. 4574: Ms. LOFGREN. H.R. 5227: Mr. RIBBLE. limited tax benefits, or limited tariff H.R. 4577: Mr. NUNNELEE and Mr. RIBBLE. H.R. 5228: Mr. ELLISON, Mr. HASTINGS of benefits were submitted as follows: H.R. 4578: Mr. HUFFMAN and Mr. MICHAUD. Florida, Ms. LOFGREN, and Mr. MCDERMOTT. OFFERED BY MR. ROGERS OF KENTUCKY H.R. 4592: Mr. ROYCE. H.R. 5231: Mr. WALZ, Mr. COURTNEY, Mr. H.R. 4616: Mrs. KIRKPATRICK. JONES, Ms. BORDALLO, Mr. RUSH, and Mrs. H.J. Res. 124, making continuing appro- H.R. 4679: Ms. SHEA-PORTER, Mr. CART- KIRKPATRICK. priations for fiscal year 2015, and for other WRIGHT, Mr. SARBANES, Mr. HOLT, Mr. H.R. 5233: Mr. GUTHRIE. purposes, does not contain any congressional WELCH, Mr. WAXMAN, Mr. DEUTCH, and Ms. H.R. 5242: Mr. HOLT, Mr. CONNOLLY, Mrs. earmarks, limited tax benefits, or limited MENG. NEGRETE MCLEOD, Mr. LANGEVIN, Ms. KAP- tariff benefits as defined in clause 9 of rule H.R. 4682: Mrs. BROOKS of Indiana. TUR, Ms. NORTON, and Mr. POLIS. XXI.

VerDate Mar 15 2010 10:19 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.042 H09SEPT1 SSpencer on DSK3TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, SEPTEMBER 9, 2014 No. 128 Senate The Senate met at 10 a.m. and was with the Republicans controlling the leagues on the other side of the aisle will be called to order by the President pro first 30 minutes and the majority the willing to eliminate PACs altogether. And tempore (Mr. LEAHY). final 30 minutes. Following morning we would have the money come from individ- business the Senate will resume consid- uals in small and fully disclosed amounts. PRAYER eration of a motion to proceed to S.J. A few years later, 1997: The Chaplain, Dr. Barry C. Black, of- Res. 19 postcloture. The Senate will re- Public disclosure of campaign contribu- fered the following prayer: cess from 12:30 to 2:15 p.m. to allow for tions and spending should be expedited so our weekly caucus meetings. voters can judge for themselves what is ap- Let us pray. propriate. These are reforms which respect Eternal Spirit, the fountain of our f the Constitution and would enhance our de- joy, You see our thoughts from a dis- mocracy. tance, comprehending the nuances of MEASURE PLACED ON THE CALENDAR Three years later, in 2000, another our motives. Lord, You understand our quote: desire to please and honor You with Mr. REID. Mr. President, S. 2779 is at We need to have real disclosure. And so our lives. You know our remorse for the desk, I understand, and is due for what we ought to do is broaden the disclo- neglected duties, missed opportunities, its second reading. sure to include at least labor unions and tax- and selfish pursuits. Give our law- The PRESIDING OFFICER (Mr. exempt business associations and trial lawmakers strength for today and hope for BOOKER). The clerk will read the bill by yers so that you include the major political tomorrow. Today, meet the needs of title for the second time. players in America. Why would a little dis- our Senators as they confront our dan- The legislative clerk read as follows: closure be better than a lot of disclosure? gerous world, providing them with A bill (S. 2779) to amend section 349 of the A quote from 2003: more than human wisdom to accom- Immigration and Nationality Act to deem Money is essential in politics and not plish Your will. Give them faith to specified activities in support of terrorism as something we should feel squeamish about, trust that Your sovereign providence renunciation of United States nationality. provided the donations are limited and dis- will prevail in the unfolding events of Mr. REID. Mr. President, I would ob- closed, everyone knows who is supporting ev- our world. Remind them that they are ject to any further proceedings with re- eryone else. never alone, for You will never leave or spect to this bill. So, Mr. President, who did these forsake them. We pray in Your sacred The PRESIDING OFFICER. The ob- statements come from? TOM UDALL, Name. Amen. jection having been heard, the bill will the sponsor of the vote that we had last f be placed on the calendar. night? MICHAEL BENNET from Colorado? He and TOM UDALL sponsored the con- f PLEDGE OF ALLEGIANCE stitutional amendment. Did it come The President pro tempore led the CAMPAIGN FINANCE REFORM from them or some other Democrat? Pledge of Allegiance, as follows: Mr. REID. Mr. President, I want to No, that is not the case. I pledge allegiance to the Flag of the start today by reading a few quotes on Let me quote a few more things: United States of America, and to the Repub- the issue of campaign finance reform. Keep wealthy individuals from buying public for which it stands, one nation under God, Here is the first one from 1987: lic office and stop the flow of soft money and indivisible, with liberty and justice for all. public campaign contributions and spending What we ought to do is eliminate the polit- f should be expedited so voters can judge for ical action committee contributions because themselves what’s appropriate. those are the ones that raise the specter of RECOGNITION OF THE MAJORITY Those are quotes. Did these quotes LEADER undue influence. And those can be gone tomorrow. We can pass a bill tomorrow to take come from BERNIE SANDERS, who is The PRESIDENT pro tempore. The care of that problem. known as being a liberal? He has been majority leader is recognized. Another quote from the next year: an outspoken advocate for campaign fi- f We Republicans have put together a re- nance reform. The author of these quotes is none SCHEDULE sponsible and constitutional campaign reform agenda. It would restrict the power of other than my friend the distinguished Mr. REID. Following my remarks special interest PACs, stop the flow of all Republican leader, the senior Senator and those of the Republican leader, if soft money, keep wealthy individuals from from Kentucky. These are all his any, the Senate will be in a period of buying public office. quotes word for word. The senior Sen- morning business for an hour, with Two years later, 1990: ator from Kentucky has a track record Senators permitted to speak during We would eliminate PACs altogether. It of campaign finance reform spanning that time for up to 10 minutes each, would be interesting to see whether our col- two decades or more. I was with him

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

S5383

VerDate Mar 15 2010 04:17 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.000 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5384 CONGRESSIONAL RECORD — SENATE September 9, 2014 there 25 years ago, fighting the undue SPEECH SUPPRESSION pression appears to be growing on the influence of unlimited campaign dona- Earlier today one Democratic Sen- other side, and that is really worrying tions. I cosponsored his 1989 constitu- ator urged his colleagues to get serious for the future of our democracy. tional amendment that would have about the real challenges facing our So look, if the Democrats who run given Congress power to enact laws country—challenges such as dealing Washington are so determined to force regulating the amount of independent with the threat of ISIL. He implored the Senate into debate over repealing expenditures. I was there with him. fellow Democrats not to focus all their the free speech protections of the First But I guess times have changed. I am time instead ‘‘doing things that are of Amendment, then fine, let’s have a full aware that the Republican leader has lesser importance.’’ and proper debate. Let’s make the stated that his views on the matter of Yet his voice seems to have been ig- country see what this is really all campaign finance have changed over nored by the Democrats who run the about. Let’s expose this extremist ef- the years. What a gross understate- Senate, because here we stand debating fort to the light of public scrutiny. ment. But as Victor Hugo wrote: their proposal on whether to take an I suspect our Democratic friends Change your opinions, but keep your prin- eraser—an eraser—to the First Amend- don’t really want that, though. I sus- ciples. Change your leaves, but keep your ment. Here we are debating whether to pect they hope to just drop a few talk- roots. grant politicians the extraordinary au- ing points, have their proposal fail, At one time the Republican leader thority to ban speech they don’t like. shoot some indignant e-mails to their was rooted in the principle that the That is what Democratic leaders have supporters and move on. I don’t think wealthy shouldn’t be able to buy public brought to the floor this week as their they counted on Senators standing up office whether for themselves or for top priority. It is a measure so extreme for the American people. I don’t think others. Even as recently as late in 2007 it could even open the door to govern- they counted on Senators exposing he was preaching donor disclosure. ment officials banning books and pam- their plans to entrench the tools of What has changed in the last few phlets that threaten or annoy them. government speech suppression. So years? That is not my argument. That is es- they would rather not have a debate Over the last several years we have sentially the Obama administration’s they can’t win. witnessed the Koch brothers trying to own position, one that his own lawyers Then here is a better idea. We all just buy America, to pump untold millions advocated in the Supreme Court in the spent the past several weeks back in into our democracy, hoping to get a Citizens United case. As one USA our home States talking to our con- government that would serve their bot- Today columnist put it at the time: ‘‘It stituents. They have a lot on their tom line and make them more money. isn’t often that a government lawyer minds these days—important issues The news today says they are out pro- stands before the Supreme Court and they expect the Democrat-run Senate moting themselves, and that is easy to acknowledges that, yes, it would be to address—things such as high unem- do because they are worth $150 billion. constitutional to ban a book. But that ployment, rising health care costs, and So we are watching the corrupting is what happened.’’ an ongoing crisis at the border. I, for influence that the Republican leader Truly shocking. one, will be interested to hear how re- foretold 27 years ago and many years These are the depths to which the pealing part of the First Amendment thereafter before our very eyes. He Obama administration and its Demo- creates jobs for Americans or reduces switched teams. What could have pos- cratic majority appear willing to drag health care costs. The answer of course sibly convinced the senior Senator our country in order to retain their is it doesn’t, and the Republican-con- from Kentucky that limitless, hold on power. They are tired of listen- trolled House has already sent over untraceable campaign donations aren’t ing to criticism of their failed policies. countless bills that continue to collect really that bad after all? They are sick of having to sell the mid- dust on the majority leader’s desk. I yield the floor. dle class on ideas that actually hurt There are many bills on job creation the middle class. And with the Demo- alone, including legislation that passed f crats’ fragile Senate majority hanging the House, with significant bipartisan RECOGNITION OF THE MINORITY by a thread, it seems they are done support. LEADER playing with the normal rules of de- So if Senate Democrats want to take mocracy. It seems they would rather up some of that serious House-passed The PRESIDING OFFICER. The Re- just rewrite the rules altogether to legislation instead of endless designed- publican leader is recognized. shut up their critics and shut down to-fail political votes, we will be happy f their opponents, even as they continue to do it. Just say the word. to give a path to leftwing tycoons they Let’s end the Democrats’ endless MIDDLE EAST STRATEGY like—folks who preach higher taxes gridlock and get some bills to the Mr. MCCONNELL. Mr. President, now and more regulations for everybody President’s desk for once because that the President has conducted ini- else—while jealously guarding pet Americans are not demanding that tial consultations with our allies and projects and sweetheart deals for them- Congress repeal the free speech protec- stated his objective to degrade and de- selves. tions of the First Amendment. That is stroy ISIL, it is time to present a The aim here, just as with the IRS certainly not on their minds. They are strategy to Congress. I hope he will scandal, is to use the levers of power to looking to us to work together to get begin to do that today. shut down the voice of we the people some things done for them for a He needs to identify military objec- when we the people don’t see things change, and we can as soon as our tives and explain how those ends will their way. The First Amendment is the Democratic friends want to get serious. be accomplished. He needs to present only thing standing in the way. The PRESIDING OFFICER. The ma- this plan to Congress and the American We all know the real reason Senate jority leader. people, and where the President be- Democrats are so determined to push Mr. REID. Mr. President, I agree lieves he lacks authority to execute this measure now. They are not actu- with the Republican leader’s defense of such a strategy, he needs to explain to ally all that serious about passing it the First Amendment, but the con- Congress how additional authority for this week. In fact, they designed it to stitutional amendment before us is not the use of force will protect America. fail because they think its failure about limiting free speech. My Demo- The threat from ISIL is real and is would help turn more leftwingers out cratic colleagues and I are trying to growing. It is time for President to the polls. The entire spectacle is address the special interest money that Obama to exercise some leadership in mostly about saving the jobs of Demo- threatens to create a government of launching a response. cratic Senators come November. Yet it elected officials who are beholden to a We know the administration has au- must be admitted that it is getting few wealthy individuals. thorized military actions to protect harder to tell which of our Democratic As the respected Justice John Paul American lives. Now we need to hear friends are cynical in their support of Stevens recently told us, money is not what additional measures will be taken this and which are sincere, because the speech. Of course it isn’t, and we know to defeat ISIL. number of true believers in speech sup- that.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.001 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5385 Last week there was a recorded from one of the most famous edu- campaign spending. It is just common speech given at the Koch brothers’ se- cational institutions in the world, sense. Americans clearly believe in this cret meeting place in San Diego or Stanford University. He is a pretty amendment. The amendment would re- thereabouts. It was a secret meeting on bright guy as a Presiding Officer. But store the authority back to Congress their political strategy. They called it you don’t have to be a bright guy to and the States, not to two wealthy a summit. They had security guards. understand the flip-flop. I don’t know brothers who are trying to buy Amer- They cleared everybody who could how else to describe it. He gave his lit- ica—two wealthy brothers who control come. It was very delicate. You had to tle speech a minute ago about the First most of the tar sands in the world. be the right person or they would not Amendment. I am not making this up. They have a huge oil, gas, and chem- let you into the meeting. However, This is what the man said. The same ical interest. They control lots of stuff. there was one person who was able to man complaining about how the First Today the paper said they are going record what went on at that meeting. Amendment has been violated is the to spend their millions to tell every- One of the speakers who was re- same man who has sponsored basically body what great people they are. That corded—no others—was a man by the the same legislation we are now trying is all over the news today. Be aware of name of Richard Fink, who is vice to pass. the Koch brothers because they have president of Koch Industries. He is a I will give some of his quotes again. unlimited sums of money. They are big shot with the Koch brothers. Of Let’s make sure they are spread across going to tell you how they are all course the Koch brothers were there the RECORD. about apple pie and motherhood and listening to his speech. He said some What we ought to do is eliminate the polit- great for America. They are not great pretty terrible and vicious things ical action committee contributions, because for America. They are trying to buy about unemployed Americans. He basi- those are the ones that raise the specter of America. cally called them lazy. He went on to undue influence. And those can be gone to- f say that the minimum wage leads to morrow. We can pass a bill tomorrow to take fascism. I am not making this up. That care of that problem. RESERVATION OF LEADER TIME Here is another quote: is what he said—fascism. He even com- The PRESIDING OFFICER. Under pared minimum wage with tactics uti- We Republicans have put together a re- the previous order, the leadership time sponsible and Constitutional campaign re- lized by Nazi Germany and modern-day is reserved. suicide bombers. That is what the Koch form agenda. It would restrict the power of special interest PACS, stop the flow of all f brothers’ representative said in their soft money, keep wealthy individuals from presence and in the presence of a num- buying public office. MORNING BUSINESS ber of higher ranking Republican offi- Hallelujah. I am glad he said that. The PRESIDING OFFICER. Under cials. He also said: the previous order, the Senate will be He has a right to say whatever he in a period of morning business for 1 wants; that is the country we live in. We would eliminate PACs altogether. It will be interesting to see whether our col- hour, with Senators permitted to speak But as Senators we have a responsi- leagues— therein for up to 10 minutes each, with bility to stand for constituents who are Republicans controlling the first 30 unemployed or on minimum wage, and Talking about Democrats— minutes and the majority controlling on this side of the aisle we have done on the other side of the aisle will be willing the next 30 minutes. that. The American people agree with to eliminate PACs altogether. And we would have the money come from individuals in f us—not just Democrats and Independ- small and fully undisclosed amounts. ents. Republicans believe there should Next quote: POLITICAL SPEECH be an increase in the minimum wage. The Republican leader was at the Public disclosure of campaign contribu- Mr. LEE. Mr. President, political summit the very day Mr. Fink made tions and spending should be expedited so speech is not on the fringes of the First voters can judge for themselves what is ap- his offensive remarks. He was there. Amendment, it is the core freedom of propriate. These are the reforms which re- democracy. The entire point of the Why has he not gone on Record repudi- spect the Constitution and would enhance ating these vicious and unfair com- our democracy. First Amendment is to say the government has no business telling the citi- ments about the poor? In fact, it has I didn’t rewrite this. This is a direct, zens what constitutes reasonable polit- been reported the Republican leader re- word-for-word quote. Next: ferred to the speeches given at the ical speech. We need to have real disclosure. And so Koch brothers’ conference that day as Congress is not allowed to ban books. what we ought to do is broaden the disclo- Congress is not allowed to ban maga- inspiring—inspiring. sure to include at least labor unions and tax- There are 150,000 unemployed Ken- exempt business associations and trial law- zines or pamphlets. Congress is not al- tuckians. Are they leaning toward fas- yers so that you include the major political lowed to silence dissent. The idea be- cism? There are families in Kentucky players in America. Why would a little dis- hind this amendment is that govern- who live on minimum wage—or try to. closure be better than a lot of disclosure? ment should have the power to silence I don’t think my friend the Republican He also went on to say: criticism of the government. This leader views them as fascist stooges or Money is essential in politics, and not amendment, referring to Senate Joint lazy, but he should stand and repudiate something that we should feel squeamish Resolution 19, is an attempt to control what the Koch brothers, through their about, provided the donations are limited the words Americans speak and the representatives, said at the conference and disclosed, everyone knows who’s sup- ideas Americans hear. Every great he attended. If any Member of this porting everyone else. movement in our democracy has been body said as much, I have no doubt my I repeat. The Presiding Officer is one based on ideas that were at one time or friend would come to his constituents’ of the smartest people we have in the another at the outset deemed unrea- immediate defense. But be careful what entire Senate. With all due respect to sonable by the government. It is dan- you say about the Koch brothers. They the Presiding Officer, you don’t have to gerous and it is un-American in the ex- are very sensitive. They want that to be a Rhodes Scholar or a graduate from treme. Under this proposed amend- protect their $75 billion. There are two Stanford University to understand how ment, the Federal Government would of them, and together they are worth absolutely irrational my friend is with have the power to decide which groups, $150 billion. Nobody messes with them what he just came and said. He said which causes, which arguments, and ul- because they have money to try to buy this constitutional amendment is vio- timately which citizens would be al- America, and that is what they are try- lating the First Amendment of our lowed to enter the public square. ing to do. Constitution. I am using his remarks The amendment would even empower Do we need campaign finance reform? to state and show the importance of Congress to distinguish between nat- Of course we do. I gave some quotes our amendment. ural individuals and artificial entities; earlier, and my friend the Presiding Of- Congress and the States have the au- that is, rich and powerful people will ficer is a very smart man. As well as thority—or they should have the au- still be free to influence our govern- being a Rhodes Scholar, he graduated thority—to set reasonable limits on ment but everyone else can be barred

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.004 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5386 CONGRESSIONAL RECORD — SENATE September 9, 2014 from coming together and pooling their read it, and as I think most would read ment on television. But that is where resources for that very purpose. it, an individual would be free to spend most political money ends up getting What is an artificial entity with re- unlimited amounts of money, thou- spent. stricted speech rights? Churches, sands, tens of thousands, hundreds of As understood by the founding gen- neighborhood associations, civic thousands, maybe even millions or tens eration and as understood and inter- groups, single-issue organizations such of millions of dollars supporting the preted by the Supreme Court to this as the national right to life, or candidate of her choice if that indi- day, most of that material is protected NARAL, trade associations, businesses vidual happens to own a newspaper or in the sense that most of that material or labor unions, schools. The target of if that individual perhaps happened to constitutes something that falls under this amendment is America. Civil soci- own a television company or a radio the category of freedom of the press. ety. When politicians talk about out- broadcast network. That would be no Freedom of the press, of course, does side groups, they mean outside Wash- problem. That would be beyond the not belong solely, does not belong ex- ington. They mean ordinary citizens scope of this proposed amendment, be- clusively, to those who have a press coming together, rallying behind a cause under section 3 of Senate Joint badge or those who are part of what common cause. They mean the aboli- Resolution 19, it makes clear that: has historically been considered our tion movement, the women’s suffrage ‘‘Nothing in this article shall be con- news media. movement, and the labor movement, as strued to grant Congress or the States If, on the other hand, those who have well as the civil rights movement, the power to abridge the freedom of the drafted this amendment—if, on the antiwar movements, the pro-life move- press.’’ other hand, those who would decide ment, and the consumer rights move- So in light of section 3, everything what laws to pass under this amendment. They mean citizens. That is who else in Senate Joint Resolution 19 ment to give it force, if they were to the authors of this amendment believe might either do a lot or it might do a conclude that they wanted to more are outside intruders whose speech little. It might do practically nothing narrowly define ‘‘press’’ to include only somehow needs to be regulated, needs or it might do practically everything. credentialed media, perhaps newspaper to be restricted by Congress—people Let me explain what I mean. Let’s reporters, perhaps newspaper reporters with ideas that are ‘‘unreasonable,’’ examine the text of the first two sec- and radio and television reporters, then people such as Thomas Paine or Thom- tions of this provision. they would be significantly changing as Jefferson and Frederick Douglass Section 1 says: ‘‘To advance demo- the First Amendment as interpreted by and Susan B. Anthony and Martin Lu- cratic self-government and political the Supreme Court. They would be sig- ther King, Jr. equality, and to protect the integrity nificantly changing the nature of free- The true danger of the idea is even of the government and the electoral put into the text in the section 3 dom of the press as recognized by the process, Congress and the States may carveout for the press. So wealthy indi- Supreme Court over the last two cen- regulate and set reasonable limits on viduals, those who happen to own turies. the raising and spending of money by If, in fact, they choose to do it that newspapers or happen to own a tele- candidates and others to influence way, then we would find ourselves in vision station or a radio network, do, elections.’’ an awful situation in which the owner under this proposed amendment, con- If your intent is deemed to involve tinue to have free speech. But the peo- of a newspaper would be able to spend influencing the outcome of an election, ple who read and watch the media do potentially millions of dollars, perhaps then you are subject to these reason- not. Or the people who do not own tens of millions, promoting the can- able limits. Well, what people in Con- those companies, do they not have the didate of her choice simply because she gress think is reasonable might be dif- same rights? Under this proposed owns a newspaper. But what about ferent than what the American people amendment, they would not. This is someone who does not own a newspaper Orwellian. Under this amendment, Con- think is reasonable. but nonetheless wants her views to be Then in section 2 it says that: ‘‘Con- gress could establish a Federal min- expressed, wants to have some way of gress and the States shall have power istry of truth of sorts to monitor the contributing to the national debate? to implement and enforce this article political speech of citizens and make What if there is someone out there who by appropriate legislation, and may sure they are reasonable, to make sure is really concerned, concerned about a distinguish between natural persons the activities in which they engage, particular issue? those that are attempted to influence and corporations or other artificial en- Let’s say there is a voter who is con- elections, are, in fact, reasonable. tities created by law, including by pro- cerned about the PATRIOT Act and she Congress would, of course, be empow- hibiting such entities from spending wants to contribute to an organization, ered to define what constitutes jour- money to influence elections.’’ let’s say the ACLU, which would, in nalism, what falls within the param- Herein lies the problem: Getting back turn, perhaps make statements to try eters of this freedom of the press to our hypothetical a few minutes ago, to influence the public debate about carveout so that irritating bloggers if the idea behind this is to prevent any the PATRIOT Act. This could run afoul and reporters and producers could per- person or any group of persons from of all of that. In fact, under the plain haps be silenced, assuming they were having too much influence over elec- language of it, it likely would. In fact, carved out of that definition. This pro- tions taking place in the United States the ACLU itself has expressed this con- vision will not guarantee equality. It of America, this does not do that. De- cern in a letter dated June 3, 2014, to will rather guarantee inequality. pending on how broadly or how nar- Chairman PAT LEAHY of the Senate Ju- It is right there in the text of the rowly Congress chooses to define this diciary Committee on which I sit. amendment. Some citizens’ rights to contest of freedom of the press, which On page 4 of that letter, the ACLU free speech would be more equal than it carves out and holds harmless, this presents the following hypothetical: others under this proposed amendment. legislation might do everything or it For instance, would an ACLU ad urging It is sometimes appealing at a surface might do nothing. Let me explain what Members of Congress to support Patriot Act level to start from the proposition that I mean. reform, which runs shortly before the No- something such as this might be desir- Most of the money that is spent by vember 2004 election, when that issue is at able to some for the simple reason that political campaigns, whether by indi- play in the election, be construed as an issue vidual candidates or by organizations ad exhorting voters to support reform, or a we do not want any one person or any covert attempt to influence voters who op- one group of persons having a dis- attempting to influence the outcome of pose Members who do not support reform? proportionate impact on the electoral elections, comes in the form of dis- Similarly, would an ad by a group urging process. We do not want anyone or any- seminating a message, comes in the repeal of the Affordable Care Act, which runs thing to be able to buy an election. But form of either printed material, in the before the 2012 presidential election, be issue that misses the point. This would not form of pamphlets or the electronic advocacy or covert express advocacy? solve that problem. In fact, this would equivalent of pamphlets, or it comes in These are questions raised by the make that problem worse. the form of some type of advertising. ACLU itself. Consider, for example, the fact that Maybe it is an advertisement in a The PRESIDING OFFICER. The Sen- under this proposed amendment, as I newspaper, maybe it is an advertise- ator’s time has expired.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.007 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5387 Mr. LEE. I ask unanimous consent is a monthly poll done by the Kaiser ing for New Challenges in Year Two of that I be given 2 additional minutes to Health Foundation which was released Health Care Law.’’ wrap up my remarks. yesterday. We all remember how terrible the The PRESIDING OFFICER. Without It says: launch of the health care program was objection, it is so ordered. Healthcare remains one of the most impor- last fall. We remember right after the Mr. LEE. What all of this boils down tant issues in midterm elections, ranking President sat down with Bill Clinton to is that the core values, the core pro- only behind the economy and jobs as voters’ and he said: Oh, easier to use than tections underlying the First Amend- top issue. Amazon, cheaper than your cell phone ment are not just important, they are I talk about health care repeatedly bill, and you can keep your doctor. not just nice to talk about, they are at because I am a physician. I have taken America knows those things weren’t the very foundation of our representa- care of patients for 25 years in my true. tive democracy. They are at the very home State of Wyoming, and I have We all remember the terrible launch foundation of our Republic and how it taken care of families from all around last October. The new head of the ex- operates. If this amendment were to the State. They come to me with their change talked about what he expects it pass, if this were to become part of the concerns about the health care law. to be like this year, year two. They Constitution of the United States, Con- President Obama says the Democrats have had a full year now to get ready gress would become more powerful at who voted for the law should, as he and fix the problems. Yet this Obama the expense of the American people. said, ‘‘forcefully defend and be proud of administration official just recently Ultimately this will inure to the ben- the law.’’ Is the President proud of the told the New York Times: ‘‘In some re- efit of the political establishment in ways families across America are suf- spects, it’s going to be more com- Washington. It would inure to the ben- fering because of his health care law plicated. Part of me thinks that this efit, perhaps, of two political parties and the dangerous side effects people year is going to make last year look but everybody else would suffer. It continue to face? like the good old days.’’ would be more difficult for more Amer- Here is a headline from last Friday, America is not ready to go back to icans to speak on issues that concerned September 5, front page of the Wall the Obama Web site good old days. them. Congress would have more power Street Journal. It says: ‘‘Hacker That is what the Obama administra- and the States would have more power Breaches Part Of Federal Health Site.’’ tion’s person in charge of the health to restrict the speech of the American A computer hacker breached the Fed- care exchange told the New York people. eral health site. The article says the Times. Are the Democrats going to come to the floor and forcefully defend It has been said in the past that this hacker broke into part of the this kind of chaos and confusion with is about restricting money, not speech. healthcare.gov Web site in July—in the health care enrollment for a second It is a little bit like saying a city ordi- July—and uploaded malicious software, year in a row? It is another disgraceful nance prohibiting people from using ei- according to Federal officials. side effect of the President’s unwork- ther an automobile or a subway car to The administration now admits it. It able, unmanageable health care law. get to a protest rally isn’t restricting goes on to say that ‘‘the break-in I will give one more example of what their access to a protest rally or the raised concerns among Federal officials right to participate in that protest the American people are learning about because of how easily the intruder how the health care law is harming rally. gained access and how much damage When money is the means by which them individually. Insurance compa- could have occurred.’’ This is a concern the American people can have the abil- nies have been releasing their prelimi- Republicans have warned about for a ity to express their concern on an issue nary rates for 2015, and in many places long time. voters are facing in an upcoming elec- for many people, premiums are going The Obama administration didn’t do tion, that should concern us all. This is up. According to the consulting group the basic things any business in Amer- an attempt to weaken the most funda- PricewaterhouseCoopers, premiums are ica would have done to protect people mental components of our rights as going up about 8 percent on average and their personal information. Ac- U.S. citizens. I must, therefore, oppose across the country. That is not what cording to this report, part of the prob- Senate Joint Resolution 19 and urge Democrats promised when they wrote lem in this case was that the Web site’s my colleagues to do the same. the health care law. Democrats in developers never—and taxpayers have Thank you, Mr. President. Washington, here in the Senate, prom- The PRESIDING OFFICER. The Sen- paid plenty to these developers—both- ised the rates would go down. President ator from Wyoming. ered to change a default password for Obama went around the country and the system. No one can believe it. f said people would see their health care Hackers didn’t have to go around some costs go down by an average of $2,500 HEALTH CARE complicated security system or break per family per year. NANCY PELOSI Mr. BARRASSO. Mr. President, I in through a back door. Oh, no. The went on ‘‘Meet the Press’’ and said know many Senators were back home Obama administration official admit- rates will go down for everyone. That over the last number of weeks talking ted to the Wall Street Journal there hasn’t happened. Premiums have gone to and listening to their constituents was a door left open—a door left open. up. Copays are up. Deductibles have about issues on their minds. I was also The Obama administration said that gone up. Out-of-pocket costs have gone at home. As a doctor and as a Senator, so far the hackers haven’t stolen any- up for millions of Americans. I heard from many people in my home body’s personal information that they As chairman of the Republican policy State of Wyoming who have a lot of know of. Apparently, they didn’t know committee, one of the things I do is concerns about the health care law and about this breach for weeks. The hack- look around the country and try to find the devastating side effects the law has er walked in through an open door in out how the policies that come out of on them. July, and the Obama administration Washington affect people all across the Over the past few weeks there have didn’t know anything about it until country. I have traveled over the past been headlines just about every day all August 25. Healthcare.gov stores huge month and heard from many people across the country with bad news about amounts of personal and private infor- that the President’s health care law is the health care law and its impact on mation about people, including their hurting them individually and costing the American people. Just this morn- access information and their health them more. ing the local newspaper, The Hill, has a care information, and people have a One place people are really being headline: ‘‘Support for ObamaCare con- right to know the information is se- hurt by the health care law is Alaska. tinues to fall.’’ cure. Here is a headline from The Hill news- Public approval of ObamaCare continued Where are the Democrats on the floor paper on Monday: ‘‘Alaska insurance to sink this summer, issuing the latest warn- of the Senate today ready to forcefully rates set to spike.’’ According to the ing for vulnerable Democrats who will face defend leaving the door open for these article, Alaskans buying health insur- voters this fall after backing the law. hackers? ance through the State’s exchange can It says that just 35 percent of voters Here is another headline from the expect a surprise spike of more than 30 now support the health care law. This September 2 New York Times: ‘‘Brac- percent on average.

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.008 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5388 CONGRESSIONAL RECORD — SENATE September 9, 2014 Another place being hit is Iowa. American families on quality, afford- plained to me that there were students PricewaterhouseCoopers says the aver- able higher education. It is very appro- who showed up for the first day of class age person in Iowa who buys health in- priate that the Senator from New Jer- without the textbook because they surance through the exchange is going sey is presiding because he has been couldn’t afford the textbook. Now they to pay 11.5 percent more next year in one of the great leaders in the Senate are going to be behind before they even premiums. For others, premiums will on the affordability of higher edu- start because of the high cost of a col- be as high as 14 percent higher. Those cation, and it has been a pleasure to lege education. Iowa families aren’t getting a cut of work with him. Here we are at a State college, and $2,500 as promised by the Democrats Let me go through some of the num- the average debt held by a student who voted for this health care law and bers because they are somewhat shock- graduating from Bowie is $27,800—at a as the President said. What they are ing. We have 20 million students who State college. That is a shocking num- getting instead is an increase of 14 per- enter college every year, and 60 percent ber. cent—more money out of their pockets. will exit with student debt. The major- The same number, if we go through We can go round and round with indi- ity of students who now attend college the same thing at UMBC—where the vidual stories. They are paying more. will have to borrow money in order to president is Dr. Freeman Hrabowski— So it is no surprise then that today the be able to get a college education. one of the great universities of our headline in The Hill newspaper is that Thirty-seven million Americans today country—they find so many tools to it is more unpopular now and continues have college loans that are out- help their students with loans, scholar- to lose popularity. standing. Yes, we know some are young ships, work-study programs, and the Then the impact. It is astonishing. I professionals and some are older peo- debt there is also over $20,000 a year for picked up today’s Investor’s Business ple. I was surprised to learn that al- their graduating seniors. It is affecting Daily. The headline is ‘‘ObamaCare most 8 million Americans over the age their ability to perform in college. Spurs College Blues For Working Stu- of 50 have college loans that are still What do I mean by that? There are dents.’’ A lot of students have to work outstanding. So this is a burden many large amounts of debt they have to their way through college. Page 1, American families will have for the take care of. The students do every- above the fold, ‘‘ObamaCare Goes To rest of their lives. thing they can to reduce their debt, so College.’’ The average debt today is $29,000, and they work. In some cases they work that number is rising dramatically More than 200 colleges and universities— more than one job and attend college. every year. So when a student grad- This is because of the law, the way It affects their ability to perform and uates, the average debt they carry is successfully complete college. they define part-time work and full- $29,000. There is $1.2 trillion in out- time work, and full-time is defined as At Bowie State it takes about 6 years standing college loans—more than to do a 4-year program because the stu- 30 hours. credit card debt. ‘‘ObamaCare Goes To College.’’ dents are working and are having a As the Senator from New Jersey hard time meeting the credit require- More than 200 colleges and universities pointed out earlier today, the percent- ments. have restricted work hours for students, for age of a family’s disposable income part-time faculty, or both, citing the costs of In some cases I was told there are they need in order to pay for a college students who want to take a summer complying with the employer mandate re- education—which we need for global lated to the President’s health care law. class because it was offered, it was competition and for competition in The PRESIDING OFFICER. The time needed for their major, and it would this country—is far higher than any allow them to graduate in a more time- of the Senator has expired. other industrialized country in the ly way, but they couldn’t afford to Mr. BARRASSO. I ask unanimous world by far, equaling almost 50 per- take the summer class because the Pell consent for 1 additional minute. cent of disposable income. That is a grants aren’t available in the summer- The PRESIDING OFFICER. Without shocking number. Education is the time. objection, it is so ordered. great equalizer, and for many Amer- I thank Senator HARKIN, the chair- Mr. BARRASSO. Mr. President, what ican families it is out of reach because man of the committee of jurisdiction, I do is come to the floor to talk about of the cost and the necessity to borrow for offering legislation that would cor- the concerns I have for Americans who money. are concerned about their jobs, con- Let me get beyond the numbers for a rect that, that would allow for Pell cerned about the economy, concerned moment and talk a little bit about the grants to be available on a 12-month basis. That would help. about their opportunity to get the care people. Last Thursday Senator MIKUL- Yes, the effect of the high cost of they need from a doctor they choose at SKI and I were on the campus of Bowie a lower cost. They see all of these State University and UMBC. Bowie education is first and foremost on the issues as troublesome under the Presi- State is one of our historically Black individual. Too many children are not dent’s health care law. So I am going colleges and universities in Maryland, going to college, too many children are to continue to talk about this and the located in Prince George’s County. We not going to the college of their choice, impact this has on the American fam- had a chance to not only meet with Dr. and too many students are taking too ily. I am going to talk about restoring Mickey Burnim, the president of Bowie many years to graduate because of the people’s freedom to buy insurance that State University, but with students as high cost of college. Too many stu- works for them and their families be- well around a table to talk about how dents aren’t going on to those ad- cause they know what is best for them, they go about trying to arrange for vanced degrees because they have too not the Obama administration. I am scholarships and loans in order to be much debt, they have to work, and going to talk about reforms that get able to afford a college education. they have to pay off their student people the care they need from a doctor Bowie State University is a good buy loans. they choose at lower costs. I am going compared to other colleges; tuition is Too many students don’t have all the to talk about giving people choices, not only around $5,000. One would think training they need in order to do the Washington mandates. those students are in good shape, but best for themselves, and it is affecting Republicans are going to keep offer- let me tell my colleagues about the re- their ability to succeed economically. ing real solutions for better health care alities. They are delayed in their career without all of these tragic side effects. Dr. Burnim was explaining to us that choices because of extra years of col- Thank you, Mr. President. on the first day of school, many stu- lege, and it is affecting their ability to I yield the floor. dents who they thought would be en- buy homes because they have student The PRESIDING OFFICER. The Sen- rolled were not enrolled. Why? Because debt. ator from Maryland. they couldn’t put together the total fi- It is affecting our communities. f nancial package in order to satisfy the There are less retail consumers than tuition costs, so they were not for- there would otherwise be. Yes, it is af- AFFORDABLE HIGHER EDUCATION mally enrolled. fecting our global competition; yes, we Mr. CARDIN. Mr. President, I take I was talking to some students at have to increase Pell grants; yes, we this time to talk about a fair shot for that roundtable discussion who ex- have to increase public support; and,

VerDate Mar 15 2010 04:09 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.010 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5389 yes, we have to increase transparency, I thank Senator CANTWELL for her ef- they can have credit export programs but we can, this week and next, do forts in leading this fight, and I thank but our companies can’t have them in something about it by passing the leadership on both sides of the banking the United States? Bank on Students Emergency Loan Re- committee. I will show you what I mean by this financing Act. As Senate chair of the Joint Eco- report. I thank Senator WARREN and Senator nomic Committee, today I am releas- I commend to colleagues the Sep- FRANKEN for leading our effort. This ing a report on ‘‘The Contribution of tember 2014 Joint Economic Com- will allow us to refinance loans. People Exports to Economic Growth and the mittee report, ‘‘The Contribution of can’t today, they can’t refinance stu- Important Role of the Export-Import Exports to Economic Growth and the dent loans. They can’t take advantage Bank.’’ Important Role of the Export-Import of the lower interest rates. People who According to one analysis, exports Bank,’’ that I referred to earlier. have student loans are paying thou- are projected to account for almost 40 On the graph and report in figure 2 sands of dollars of extra interest costs. percent of real U.S. GDP growth over we show ‘‘Comparison between U.S. Let’s refinance it. The government this decade. and Other Countries’ Export Credit shouldn’t be making money off the We know we have stabilized the econ- Subsidies.’’ What do these numbers show? This backs of student loan holders because omy in America, but the only way we number is about ‘‘New medium- and are going to be able to expand it, to the interest rates are lower than what long-term official export credit vol- add more jobs, to make sure people are they are charging. Let’s refinance. umes, 2013, billions of U.S. dollars.’’ It working at their fullest potential, is to That will save thousands of dollars for shows that China’s medium- and long- families and would help us have more be able to export things to other coun- term credit export volumes are at $45.5 affordable opportunities for education tries with these emerging middle class- billion. in our community. es in places such as India and other That is what we are doing and that is Let’s give a fair shot to American countries where we can actually sell why we see them—as Senator CANT- families. Let’s take up and pass the our goods. WELL will discuss—going into markets Bank on Student Emergency Loan Re- This report highlights that the Ex- such as Africa and opening those mar- financing Act to allow those millions port-Import Bank plays a crucial role kets up for their companies, because of Americans who are currently hold- in supporting businesses, particularly they are willing to help them out of ing student debt to refinance at lower small businesses, to find markets for their own version of the Export-Import rates, saving thousands of dollars and their products. What does the report Bank—$45.5 billion in China. helping Americans afford a college edu- show? Well, first it shows the economy Germany, a very successful economy, cation. has expanded for the past 4 years and is at $22.6 billion in credit volume. I yield the floor. U.S. exports have been the ticket to Where is the United States? We are at The PRESIDING OFFICER (Mr. that growth. $14.5 billion. We are above countries SCHATZ). The Senator from Minnesota. Last year U.S. exports of goods such as France, Italy, and Brazil, but f reached an all-time high, $2.3 trillion we are below countries such as China, or 13.5 percent of U.S. GDP, an increase Germany, and South Korea. EXPORT-IMPORT BANK of 35 percent since 2009. Think of the You can imagine the impact if we got Ms. KLOBUCHAR. Mr. President, I jobs that means in America. rid of the Export-Import Bank. You rise today to speak in support of reau- In 2013, U.S. exports of goods and can imagine—which we cannot allow to thorizing the Export-Import Bank. I services were responsible for 11.3 mil- happen. am on the floor with the Senator from lion jobs, an increase of 1.6 million jobs The Export-Import Bank was first Washington, Senator CANTWELL, who since 2009. authorized in 1934. It supports U.S. has been such a leader as head of the Manufacturing and agricultural pro- businesses by providing financing that small business committee on this issue. ducers have also been able to increase the private sector that may be unable As I heard the Senator from Mary- their exports, supporting economic re- or unwilling to do at competitive rates. land talk about the importance of stu- covery and job growth. In the manufac- The Export-Import Bank does this by dent loans to our economy and the im- turing sector, nearly 25 percent of pro- providing loans, loan guarantees, and portance to our economy for having duction is exported and these exports insurance policies to increase export people being able to go out there and are responsible for about 3 million jobs. opportunities. get the education and fill the jobs I see this in Minnesota. In 2013, our In 2013, as our study shows, the Ex- today, another piece of this is to make goods and services exports rose to $20.7 port-Import Bank supported approxi- sure those markets are available, to billion, and Minnesota was ranked the mately 205,000 U.S. jobs and $37.4 bil- make sure our businesses are able to fourth largest agriculture exporting lion in U.S. exports. It made 745 new loans and loan guarantees worth $21.8 compete internationally, both small State in 2012, up from sixth in 2011. billion. and big, with companies from across Do you know what that means in real By issuing these loans, loan guaran- the world. This means jobs in America. terms? Our unemployment rate is down tees, and insurance policies, the Ex- Exports are critical to the U.S. econ- to 4.5 percent. Our Twin Cities area has port-Import Bank helped provide fund- omy, and we need to help our busi- the lowest unemployment rate of any ing for projects ranging from short- nesses, small and large, boost their ex- metropolitan area in the country, and term investments to more complex and ports. it is very much about exports. Compa- long-term transactions such as trans- When 95 percent of the world’s cus- nies—not just the big ones, but the portation and other infrastructure tomers live outside of our borders, small ones—that have learned to ex- projects. there is literally a world of oppor- port and are willing to use the tools to The Export-Import Bank also steps tunity out there for U.S. business. It export, means using the Export-Import in to provide credit to open up these used to be we were just focused on Can- Bank. new markets such as Africa, as I have ada, especially in Minnesota, and Mex- Yet U.S. exporters, as we all know, focused on. For example, in the past 4 ico, but we know there is a world of op- are competing with foreign producers years the Export-Import Bank has pro- portunity in emerging markets in in places such as Germany, France, and vided authorization for more than $4 places such as Asia and Africa, for us China, which are backed by their own billion in support for U.S. export to to finally be making things in America countries’ credit export programs and sub-Saharan Africa, yet China is still and having people buy them in other often receive other government sub- ahead of us. countries. sidies. The Export-Import Bank provides As a Senator, I have been working to I ask my friends who are slowing support to many industries, everything boost America’s ability to compete in down this reauthorization, how can we from gas and oil, to space and tele- the global economy and to open up say to our U.S. companies, big and communications, to agribusiness. these markets. That is why I strongly small, that we are going to allow 60 The Export-Import Bank supports support reauthorizing the Export-Im- other countries, including the top 10 U.S. exports to more than 150 coun- port Bank. exporting countries globally—that tries, small business. This is what I

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.015 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5390 CONGRESSIONAL RECORD — SENATE September 9, 2014 hear all across our State since 114 the international marketplace—but $500,000 to over $20 million in just a few small Minnesota businesses have re- now is no time to basically curtail years and was able to do so with the ceived financing over the past few credit agencies’ ability to help make Export-Import Bank. years. those sales a reality when we have had We have 21 days left to get this right The big businesses tend to have trade fabulous U.S.-made products. and to help our economy continue to exports, right? They have exports they So I very much appreciate the Joint grow, but we have to do something want to go to Uruguay or Kazakhstan Economic Committee’s release of this here in the Senate; and that is, pass or somewhere in the world. They can report. It is showing that our econ- the reauthorization of the Export-Im- have some special person who knows omy—even though we faced this very port Bank. the language and who can help them disastrous financial collapse 6 years While we were home in August, we and hire a consultant in the country. ago—that report basically shows that heard many people talk about this How can a small business do that? Yet last week the trade deficit continued to issue. In fact, I would like to put up a they know their product is going to decline. A headline just recently said: few newspaper headlines that we saw sell in these other countries. ‘‘Trade deficit at 6-month low as ex- around the country. One is from the That is where the Export-Import ports climb.’’ Roanoke Times, which was an editorial Bank comes in, because working with So it does not take a rocket scientist that said: ‘‘In our view, small busi- our foreign commercial service, they to figure out that a growing middle nesses need this.’’ They called for the are able to get the tools they need, class around the globe is an excellent reauthorization of the Export-Import small businesses, to compete at the opportunity for us to sell U.S. manu- Bank. Another newspaper, the Wichita same level as big businesses. factured products. In fact, the middle Eagle, editorialized in support: ‘‘Reau- In August I visited Balzer, an agri- class is going to double over the next 15 thorize the Ex-Im Bank.’’ And the Co- cultural equipment manufacturer years. So that is a great opportunity lumbus Dispatch editorialized: ‘‘Ohio- based in Mountain Lake, MN, a town of for us to take American-made products ans benefit from Export-Import bank.’’ about 2,000 people. Balzer currently and get them into this marketplace. So these are just three of the edi- employs 74 people in Mountain Lake, 74 In fact, last year American compa- torials heard all around the country people out of 2,000. It has made a real nies exported more goods and serv- that are asking us to reauthorize this difference, the Export-Import Bank, for ices—totaling $2.3 trillion in value, 13.5 important credit agency and make sure their company. Exports are approxi- percent of our gross domestic product. we are giving small businesses and mately 15 percent of their sales. So that is a step in the right direction. manufacturers the tools it takes to ex- Or how about Superior Industries in But that is being threatened if Con- port. Morris. There are 5,000 people in that gress does not reauthorize this impor- But my colleague, who is the Joint town and 500 people employed at the tant credit agency to make sure these Economic Committee chair, brought up company. They are now exporting, deals get closed. That is why today we an even more specific point; that is, thanks to the Ex-Im Bank, to Canada, are here to make sure that a long-term where are we going to be in competi- Australia, Russia, Argentina, Chile, reauthorization of the Export-Import tion as it relates to China when they Uruguay, and Brazil. Bank is implemented. are chasing economic opportunity all How would they would get into Uru- Now, I know we already have about around the globe? In fact, an editorial guay? Do we think their small commu- 240 Members of the House of Represent- that was in the Chicago Tribune on Au- nity bank—which we love—is going to atives who are on record saying they gust 15 said: ‘‘Sub-Saharan Africa’s be able to help them figure out Uru- support a long-term extension of the economy is growing about 5.4 percent a guay financing? No. Export-Import Bank. I know there are year—outpacing the global rate of 3.6 That is why we have the Ex-Im Bank. many Senators here in the Senate who percent . . .’’ So here is Africa with It helps these small businesses to make support that. So why is this taking so lots of economic opportunity. It is major decisions, to finance major prod- long? Some people are even suggesting home to many very fast-growing econo- ucts and major deals, so they can actu- that we can do just a 2-month exten- mies in Angola, Nigeria, and Ethiopia. ally have jobs in the United States sion or a 3-month extension. Well, I can They go on to say: ‘‘The Ex-Im Bank that are providing exports to these tell you how ridiculous that idea is be- plays a vital niche role in the U.S. other countries. cause it does not give any certainty economy as backstop because commer- That is what this is all about. It is and predictability to businesses that cial banks and other financial firms critical. We have to reauthorize this are trying to close deals. often find ways to say ‘no’ to deals in- proven Ex-Im Bank and make sure our In fact, one business exporter from volving selling goods in developing exporters are competing on a level Texas said: countries.’’ That is from the Chicago playing field in a global market. The Export-Import Bank is absolutely es- Tribune. I yield the floor. sential to maintain and grow our businesses. So newspapers around America get The PRESIDING OFFICER. The Sen- . . . Recent reports on the uncertainty of the it. This is a key tool for us to access ator from Washington. Bank’s future may have already impacted new opportunities that are emerging in Ms. CANTWELL. Mr. President, I our bottom line. Our customers need the cer- developing countries. The fact is, China rise to congratulate my colleague, co- tainty of export credit to continue many of is already there, they are selling prod- chair of the Joint Economic Com- their sales abroad. ucts, they are using their credit agency mittee, for her report on the impor- So this individual Texas company is to help close deals. Why? Because a lot tance of the contribution of exports to such a reflection of the fact that ex- of banks are uncomfortable, either our economy and for the Export-Import ports are U.S. jobs. In fact, it is $2.3 with the size of the deal, the lack of fi- Bank. trillion in goods and services, and 11.3 nancial players in those emerging mar- The report she is issuing today has a million jobs in the United States are kets, and the inability to get these picture of cargo container ships leaving related to exports, many of those in deals closed without the export bank the Port of Miami. I could say that this manufactured products. and its assistants. picture could be any number of ports So why would we take and risk these Another editorial that was in the around the United States of America, kinds of numbers with the uncertainty Boston Globe actually talked about a certainly in my State, where one in of a credit agency that helps close U.S. company that lost a deal because three jobs is related to trade. these deals? With that many jobs and of our inability to make a decision I very much appreciate the Joint that much economic impact at stake, here. A California company ‘‘lost a $57 Economic Committee highlighting at why would we suggest that we only million contract this year because of this point in time how important the want to reauthorize it for a couple of ideological posturing in Washington.’’ export economy is to the U.S. econ- months? I think that is a very wrong- It is ‘‘a self-inflicted economic wound.’’ omy. My colleague comes from a simi- headed approach. They are talking about a firm that lar State where we like to say we make We have heard from many other com- ‘‘lost its bid to sell technology’’ that a lot of great manufactured products— panies. One from Georgia was able to was going to be used in the Philippines and we are very proud they are sold in increase its annual sales from roughly only because the Korean competitor

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.017 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5391 could guarantee that their export-im- 787s made in South Carolina are Ex-Im PROPOSING AN AMENDMENT TO port bank would be there. financed. We are competing in the THE CONSTITUTION OF THE That is another example that we are wide-body market with countries such UNITED STATES RELATING TO not even waiting right now to have the as France; China will be getting in this CONTRIBUTIONS AND EXPENDI- negative impact; we are already having market. Every competitor of Boeing— TURES INTENDED TO AFFECT the negative impact because we are not GE makes gas turbines in Greenville. ELECTIONS—MOTION TO PRO- getting this done. Most of those are sold in the Mideast CEED So it is very important we make sure through Ex-Im financing. Every com- The PRESIDING OFFICER. Under we reauthorize the Export-Import petitor of these two large companies in the previous order, the Senates will re- Bank. As one company in my State South Carolina has an Ex-Im Bank. sume consideration of the motion to said, the Norwest Ingredients company: So to my colleagues in the House, I proceed to S.J. Res. 19, which the clerk ‘‘Loss of the export insurance provided think I am a pretty conservative guy, will report. by EX-IM Bank would be devastating but I am also practical. Why in the The assistant legislative clerk read to my business . . .,’’ that a short-term world would we shut our bank down as follows: extension of the Export-Import Bank when China is growing their bank? The Motion to proceed to Calendar No. 471, S.J. does not provide the certainty that we Chinese would support closing the Ex- Res. 19, a joint resolution proposing an need to finance these deals. Im Bank in America; so would the amendment to the Constitution of the I think this is so much what we need French; so would the Canadians; so United States relating to contributions and to be focusing on. I appreciate my col- would the British. If you really want to expenditures intended to affect elections. league’s contribution from the Joint give the American economy a kick in The PRESIDING OFFICER. The Sen- Economic Committee to this report. the wrong place, shut our bank down ator from Indiana. She talked again about the specifics of and allow the other countries that f what other countries are doing. compete with us to keep theirs open. This chart shows you the percentage There is plenty of waste in the gov- ISIS of credit agency resources against a ernment. So we pick one program that Mr. COATS. Mr. President, I rise to country’s GDP—how much they are in- is small in number, in terms of actual speak about the situation that the vesting in selling their products around volume that makes money for the United States is facing regarding the the globe. So we can see what India, Treasury and creates hundreds of thou- new terrorist threat from the new ca- China, France, and Germany are doing sands of job opportunities. This is liphate—so-called caliphate state of to basically dwarf what we are doing as smart conservatism? This is what con- ISIS. far as making sure our products are servatism has come to be, that you The President has announced that to- sold around the globe. take a program—that allows American morrow he will address the American I wish the financial market was there companies to compete in the inter- people and explain what he proposes to to help close these transactions. But national market, that makes money do about this new situation that faces just as we have a small business admin- for the American taxpayer—and you us, this Islamic state of Iraq and Syria, istration that helps get financial back- shut it down just to prove to people otherwise called ISIS or IS. ers to back small businesses, the Ex- you are ideologically pure? That is not We are at a critical moment facing a port-Import Bank helps U.S. manufac- conservatism. That is crazy, and we are serious danger, and now is the time to turers sell their products overseas. not going to let it happen. act together. For action to be effective, We have too much of a supply chain To my Democratic friends, we should it needs our united support. That is in the United States of America, with have reauthorized this a long time ago why the President’s address tomorrow manufacturing in aerospace, in agri- in a process befitting the Senate. There is so important. culture, and in automobiles, to give it is well over half of my conference I was alarmed by his admission in a all away by simply not reauthorizing ready to vote for reforms on the Ex-Im press conference 10 days ago that he the Export-Import Bank in a timely Bank, but we are not doing anything in had no strategic policy in mind. So I fashion. this body, and you are not going to welcome this opportunity now to learn So I again appreciate the cochair of pick our amendments. So there is plen- what this strategy is, and I truly hope the Joint Economic Committee in the ty of blame to go around. that it will be articulated fully and release of a report focusing on why ex- I hope we are smart enough as a completely with clarity so that not ports are so important to our economy. House and a Senate to get this right, only the American people but their I yield the floor. not to shut down the Ex-Im Bank that representatives here in the House and The PRESIDING OFFICER. The Sen- makes money for the taxpayer, creates the Senate know exactly what the ator from South Carolina. thousands of American jobs, for some President intends on doing and pro- Mr. GRAHAM. Mr. President, how ideological reason disconnected with posing. much time do we have? reality. The unspeakable depravities com- The PRESIDING OFFICER. The Re- China would love this. France would mitted by ISIS seem to have no limits. publicans have no time remaining. love this. When it comes to my State, The alarm bells have become louder as There are 3 minutes on the Democratic it would be devastating to the small ISIS henchmen continue their behead- side. businesses that benefit from Ex-Im fi- ings and their brutality and their bar- Mr. GRAHAM. Mr. President, I just nancing. If you can close their banks barism. One of the most acute dangers want to be recognized for the 3 min- down, count me in, we will close ours. ISIS poses is the wide scope of their utes. But I will be damned if we are going to ambitions. The PRESIDING OFFICER. Without close ours when they have theirs up First Syria, then Iraq, now Lebanon, objection, it is so ordered. and running to put people out of work later possibly Jordan, Saudi Arabia, Mr. GRAHAM. Mr. President, one, I in my State and all over this country and others are in their target sites. want to thank my colleague, Senator when you are talking about the best- ISIS is now widely and correctly KLOBUCHAR from Minnesota, of the paying jobs in America. judged to be the largest, best orga- Joint Economic Committee, for mak- I look forward to a further discussion nized, best financed, most capable, and ing the case on why the Ex-Im Bank is on this topic. most ambitious terrorist organization a good government program essential The PRESIDING OFFICER. All time in history. So when the President explains his to creating jobs in America from ex- for debate has expired. port sales. plan to degrade and defeat ISIS, I plan Boeing is in South Carolina; they are f to carefully examine it and look in Washington. Senator CANTWELL has through what I believe are the essen- been a champion of this issue as long CONCLUSION OF MORNING tial elements and hallmarks necessary as I have been around. Now that Boeing BUSINESS for us to succeed: its determination, its is making 787s in South Carolina, I will The PRESIDING OFFICER. Morning courage, its resources to enact the just put this on the table: 8 out of 10 business is closed. plan, its vision for where we want to

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.012 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5392 CONGRESSIONAL RECORD — SENATE September 9, 2014 go, a clearly outlined goal that we by reassessing border security and de- be managed. It cannot be classified as want to achieve, and a realism that we termining whether it can be improved hoping something will work out. can be successful. to address the threat of foreign fighters The world is yearning for leadership. President Obama must outline the returning to the United States. On matters of foreign policy, it looks task of defending our Nation and de- The threat of Western, homegrown, to the United States and it looks to the grading and defeating ISIS and clearly radical, and violent jihadist terrorists leader of the United States. We need to lay out before us how we will accom- is real and it is growing. We know that. restore their confidence that we are plish this. ISIS boasts that they have trained and taking this threat seriously and that When I first addressed this subject motivated fighters who are already em- we are engaging in an effort to address last month, I outlined five areas in bedded in many countries throughout this successfully. which I believed urgent action was re- the world and that they have their So we wait with great anticipation quired, and I hope the President’s plan sights trained on the United States and for the remarks of the President that will include these five areas. Europe. There is no reason to dis- will occur tomorrow. First, as I have just said, I called for believe them. So we must respond to I yield the floor and I suggest the ab- the Obama administration to articu- this threat to our country in every pos- sence of a quorum. late their own plan to confront ISIS sible way. The PRESIDING OFFICER. The and protect America. I trust this will One effective step is to reevaluate clerk will call the roll. happen tomorrow. our entry procedures, including the The assistant legislative clerk pro- Second, I called for a vigorous, con- Visa Waiver Program. I know this is ceeded to call the roll. certed push with Islamic states and controversial. I know countries that The PRESIDING OFFICER. The Sen- communities to stand up to the out- have been loyal allies will raise alarms. ator from South Dakota. rageous ISIS perversion of their reli- But we have to understand that we Mr. THUNE. Mr. President, I ask gion and their culture. We haven’t seen need to conduct a thorough, candid as- unanimous consent that the order for outrage in the region from those mod- sessment of how this Visa Waiver Pro- the quorum call be rescinded. erates, the leadership, the political as gram affects our national security in- The PRESIDING OFFICER. Without well as the people who simply see this terests and whether there are changes objection, it is so ordered. action of ISIS as a perversion of their to the program that would enhance our Mr. THUNE. Mr. President, during religion. As destructive and brutal as it security. the past month, two American journal- is, where have they been? It is time for Similar reviews of our refugee and ists were murdered by a fanatical Is- them to step up. I believe we must asylum policies are also necessary. As lamic terrorist group, the Islamic make a concerted push with Islamic the ranking member of the Appropria- State, known as ISIL. The murder of states and communities to stand up to tions Homeland Security Sub- these two journalists is part of a cam- this outrage that is taking place. committee and a member of the Select paign of horrific brutality that has in- We should work with all political and Committee on Intelligence, I will seek cluded crucifixions, rape, the slaughter religious authorities to speak out such an assessment and pursue legisla- of civilians, and prosecution of reli- about how their faith and their culture tion that is responsive to the new dan- gious minorities, including Christians is being co-opted and perverted by ger we face. and Yazidis. these ISIS criminals. We then must In conclusion, when President Obama Currently ISIL holds large sections press them to take effective action to unveils his strategy to defeat ISIS—not of land in both Iraq and Syria, and the undercut the popular, political, and manage ISIS, not contain ISIS, but to group has made clear that its ambi- economic support ISIS extremists are defeat ISIS—I am hopeful his presen- tions extend even further. Meanwhile, getting. Genuine Muslim leaders— tation will include at least the essen- Iran continues its efforts to enrich ura- imams and others—need to take center tial elements I talked about: clarity nium, Ukraine is struggling to prevent stage to discredit the violent radicals and coherence, sound diplomacy to further Russian incursions, and the Is- and weaken their outreach and recruit- bring Muslim nations and communities lamic militants in Libya recently ment among Muslim youth. into firm opposition to ISIS extre- seized the U.S. Embassy compound Third, last month I called for much mism, appropriate expanded security after Americans were forced to evac- greater security assistance for our po- assistance to partners in the struggle, uate the war-torn country. tential partners in this fight against enhanced military action to include Here at home we are facing a crisis ISIS. The United States should move Syria, and greater attention to border on our southern border thanks to the quickly to provide arms, training, and security. President’s policies which have encour- other requested assistance to Iraqi If what the President says tomorrow aged thousands of unaccompanied chil- Kurdistan’s Peshmerga forces and to includes these elements, and hopefully dren to undertake the dangerous jour- other states that need and request sup- more, then I will look very carefully as ney to the United States. port and will work with us to address to how I can support the President and On the economic front, millions of this challenge. We need to find effec- the strategy and encourage my col- middle-class families are being tive ways to support and directly arm leagues to do the same, because I be- squeezed by the Obama economy and the reliable, vetted Sunni tribes and lieve it is essential that to succeed Obamacare. Job growth last month was Sunni leaders in Iraq who are essential against this threat, we need to speak a disappointing 142,000 jobs, the worst partners in combating this ISIS extre- with one voice. report this year, and far from the num- mism that ultimately are Sunni Is- We need to be united as Americans— bers we need to get the economy going lam’s greatest interest and threat. as a Congress and Americans through- again. Unemployment remains high, Fourth, it is clear ISIS cannot be de- out the country in terms of the nature and the unemployment rate would be feated without our participation. of the threat, what we need to do to ad- even higher if millions of Americans Therefore, I believe our current bomb- dress it, and the plan and strategy to hadn’t gotten so discouraged by the ing campaign against ISIS targets successfully achieve that goal. lack of job prospects that they gave up should be continued and expanded to If it falls short, then I hope the Con- looking for work altogether. include ISIS bases in Syria. gress can work with the President to Meanwhile, ObamaCare has not only If we have learned anything from the bring about the necessary steps to give failed to fix the problems in our health wars in Vietnam, Korea and Serbia and us every opportunity to succeed in this care system, it has made them worse. our experience along the Afghanistan- challenging task. I hope we don’t come American families are facing higher Pakistan border, we have learned the to that point. I hope we can unite. I health care premiums and fewer health futility of attacking military forces look forward to carefully examining care choices. In short, our country is that have safe haven bases just across the proposal. I trust we will be receiv- facing serious challenges both at home the border or nearby leads to less than ing at last leadership from the Presi- and abroad. success and leads to potential defeat. dent of the United States and his team What are Democrats doing about all Fifth, and lastly, I believe we need to in terms of addressing what I think is these challenges? Well, this week they address new dangers to our homeland a major crisis that cannot wait, cannot are taking up legislation that limits

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.018 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5393 Americans’ First Amendment rights. That, of course, has been Democrats’ Republicans are working to create That is right; instead of taking up any legislative strategy all year. jobs; Democrats are trying to save of the 40 House-passed jobs bills, ad- The New York Times reported back their own. It is not too late for Demo- dressing our border crisis, or focusing in March that Democrats plan to spend crats to join Republicans to come up on the international challenges we are the spring and summer on messaging with bipartisan solutions to the chal- facing, Democrats have decided to votes, ‘‘timed’’—and I quote, ‘‘to coin- lenges facing our country. The House spend the first part of a brief 2-week cide with campaign-style trips by of Representatives passed somewhere session rewriting the First Amend- President Obama.’’ on the order of 350 bills, all of which ment. It is no wonder a George Wash- ‘‘Democrats concede,’’ the Times re- are collecting dust here in the Senate, ington University Battleground poll ported, ‘‘that making new laws is not 40 of which specifically deal with the found that 70 percent of Americans really the point. Rather, they are try- issues of the economy and job creation think the country is on the wrong ing to force Republicans to vote which every poll says is the American track. against them.’’ people’s No. 1 priority. Yet here we are Our First Amendment right to free- Let me repeat that. Despite the eco- again in a shortened work period where dom of speech is one of our most funda- nomic challenges facing American fam- we have a couple of weeks to actually mental rights. It is the right that helps ilies and steadily growing inter- do some things that would bend the protect all of our other rights by keep- national unrest, the Democrats have curve in the direction of lowering the ing government accountable and ensur- spent the past several months pursuing unemployment rate, growing the econ- ing that all Americans, not just those a legislative strategy in which ‘‘mak- omy, creating more jobs. We have a whose party is in power, get to make ing new laws is really not the point.’’ whole series of bills that have been their voices heard. We have seen that time and time passed by the other Chamber, the The Democrats’ proposed constitu- again here over the past several House of Representatives, that have tional amendment would severely cur- months on the floor of the Senate been sent here which specifically deal tail this freedom by giving Congress where we come here on a daily basis with the issue of jobs and the economy and State governments the authority casting political show votes, knowing that are sitting at the desk collecting to regulate political speech. That they are not going anywhere, designed dust because the majority leader has means Congress will get to decide how to appeal to a political constituency chosen instead to try to bring to the much of a voice Americans are allowed that they hope will come out and sup- floor a whole bunch of things he thinks in the political process. And that is bad port them during the November elec- are additive in terms of getting the news for Americans of every political tions. Instead of pursuing political con- vote out for Democrats in November affiliation. Under the Democrats’ legis- sensus—the only way to actually ac- elections but frankly do absolutely lation, the party in power could effec- complish anything in a divided Con- nothing to address the serious concerns tively silence the voices of those who gress—Senate Democrats have brought and challenges that are facing middle- disagree with them. up bill after bill to pander to their po- class families all across this country. Democrats are unhappy about recent litical base. It is disappointing that the The people’s representatives can do decisions by the Supreme Court that Democrats have put their electoral better. The people’s representatives rolled back some of the restrictions on prospects over Americans’ freedom of should do better. Whenever Democrats free speech and increased individuals’ speech this week. And it is dis- here decide they are ready to stop cam- voices in the political process. So their appointing that Democrats have spent paigning and start governing, Repub- solution is a constitutional amendment this entire year on political show votes licans are ready to go to work. to shut down the voices of those who instead of substantial legislation to ad- Mr. President, I yield the floor, and I disagree with them. Apparently they dress the many challenges that are fac- suggest the absence of a quorum. don’t realize that is not the way the ing American families. The President The PRESIDING OFFICER. The American system works. has been no help. Instead of urging clerk will call the roll. In America, if you don’t like what Democrats in Congress to work with The bill clerk proceeded to call the your opponents are saying, you have Republicans on Senate legislation to roll. Mr. FRANKEN. Madam President, I the freedom to persuade your oppo- deal with our country’s most serious ask unanimous consent that the order nents to adopt your position or you problems, he has been focused on cam- for the quorum call be rescinded. persuade the American people to vote paigning. It wouldn’t be a stretch to The PRESIDING OFFICER (Ms. say that campaigning has been the against them. You don’t try to revoke HEITKAMP). Without objection, it is so their right to speak. That is what they President’s main concern for the ma- ordered. do in totalitarian societies. It is not jority of his Presidency, whether it is Mr. FRANKEN. Madam President, I what we do here in America. involved in delaying Obama regula- will just come out and say it. Citizens In the United States your political tions to protect Democrats in the 2012 United was one of the worst decisions power is supposed to exist in propor- elections or his decision last week to in the history of the Supreme Court. It tion to the strength of your ideas, not defer his executive action on immigra- was a disaster, a radical exercise of in proportion to your ability to silence tion until after the election in what pro-corporate judicial activism. It was your critics. Fortunately for Ameri- White House officials essentially ad- seriously flawed both legally and factu- cans of every political persuasion, the mitted was an attempt to protect ally. Democrats’ amendment is unlikely to Democrats in November. Legally, the Court trampled its own go anywhere in Congress—as Demo- There is a place for campaigning—we precedence—cases such as Austin v. crats well know. all know that. We all do it—but it is Michigan Chamber of Commerce and So why are they taking up this legis- not in the halls of Congress or in the McConnell v. Federal Elections Com- lation this week when there are so Oval Office. We were elected to govern, mission, which had been on the books many problems, foreign and domestic, and that means we should be spending for years and stood for the obvious that need to be addressed? The answer our time on legislation to meet our Na- proposition that the people can enact is simple. Democrats are worried about tion’s challenges. We should be taking reasonable limits on money and poli- reelection, and they think this legisla- up legislation to support job creation. tics. tion somehow will help them get re- We should be fighting to give middle- Factually, the Court rested its con- elected. They have passed this amend- class families a break from clusions on the faultiest of premises— ment to appeal to members in the far- ObamaCare’s high premiums and re- that unlimited campaign expenditures left base who want restrictions on po- duced choices. We should be taking up by outside groups, including corpora- litical speech or at least on political measures to advance energy independ- tions, do not give rise to corruption or speech with which they disagree. ence in this country and make energy even the appearance of corruption. Democrats are betting that seeing this more affordable for working families. That assessment is disconnected from amendment defeated in Congress will We should be focused on what we need reality and is horribly out of touch encourage members of their political to do to address the crises abroad and with the sentiments of most Ameri- base to come to the polls in November. America’s security here at home. cans. For example, the Minnesota

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.020 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5394 CONGRESSIONAL RECORD — SENATE September 9, 2014 League of Women Voters issued a re- on elections? Well, I guess the super- believe the measure of democracy’s port in which it concluded that ‘‘the rich have that kind of money, but the strength is in votes cast, not dollars influence of money in politics rep- middle class certainly doesn’t. The spent—for us, I think it is an easy resents a dangerous threat to the folks I meet with in Minnesota are try- choice. health of our democracy in Minnesota ing to make ends meet, pay off their I am going to vote to reverse Citizens and nationally.’’ I think if you asked student loans, train for a new job, or United, and I urge my colleagues to do most people whether unlimited spend- save some money to start a family. the same. ing on campaigns has a corrupting ef- They sure don’t have that kind of I thank the Presiding Officer. fect, they would agree and say, yes, of money just lying around, and they are The PRESIDING OFFICER. The Sen- course it does, and I think they would the folks who need a voice here in ator from Iowa. be right. But the decision in Citizens Washington. Mr. GRASSLEY. Madam President, I United was based on this unfounded In June the Judiciary Committee ask unanimous consent to speak for 25 and unbelievable idea that we have no held a hearing on the subject, and we minutes. The PRESIDING OFFICER. Without reason to be concerned about the ef- heard from a witness whose presen- tation I found particularly persuasive objection, it is so ordered. fects of unlimited campaign spending. Mr. GRASSLEY. Madam President, So we have this 5-to-4 Supreme Court and compelling. I suggest that my col- the proceedings on the amendment be- decision that ignores the law, ignores leagues read his testimony. He was a fore us show just how broken the Sen- precedent, invents facts, and as a re- State senator from North Carolina. He said: ate is under the current leadership. sult we ended up with a campaign fi- Yesterday the majority leader stated: nance system in tatters—one in which Suddenly, no matter what the race was, money came flooding in. Even elected offi- We’re going to have a cloture vote to stop deep-pocketed corporations, super- debate on this. [Republicans] say, well, wealthy individuals, and well-funded cials who had been in office for decades told me they’d never seen anything like it. We great, we’ll go ahead and support that be- special interests can flood our elec- were barraged by television ads that were cause we can stall. tions with money, thereby drowning uglier and less honest than I would have He also said: out the voices of middle-class Ameri- thought possible. And they all seemed to be There will be no amendments. Either cans who don’t have the luxury of coming from groups with names we had you’re for campaign spending reform or not. spending hundreds of thousands of dol- never heard of. But it was clear that corpora- So my Republican colleagues, they can stall lars or millions of dollars or hundreds tions and individuals who could write giant for time here. of millions of dollars to influence the checks had a new level of power in the state. This is an ‘‘Alice in Wonderland,’’ up- political process. He went on to explain that the vast side-down world the majority leader is This is real. Spending by outside majority of outside money that was describing. You can bet that if Repub- groups more than tripled from the 2008 spent on State races, including the licans were blocking Democrats from Presidential campaign to the 2012 Pres- Governor’s race, came from one man— describing this amendment, we would idential campaign when it topped $1 just one man—who reportedly poured be accused of obstruction. But when we billion. Outside spending went from hundreds of thousands of dollars into vote to proceed to this amendment, as $330 million in 2008 to over $1 billion in State politics. Before the Governor was we did yesterday, we are also accused 2012. What happened in the interim? even sworn into office, he announced of obstruction. It goes to show that Well, it was Citizens United in 2010 and who would write the State’s budget. whatever Republicans do, we will be ac- the floodgates were opened. Yes, it was that same donor. Appar- cused of obstruction. That is a catch- The middle class is not just being ently, the donor got his money’s worth. 22. That is the majority’s game plan— flooded, it is being blindfolded too, be- The budget he drafted was loaded with bring up partisan measures for polit- cause these wealthy special interest goodies for corporate interests and the ical posturing, avoid working together groups can often spend the money super-rich, provided at the expense of to solve problems, and blame the other anonymously, so voters have no idea middle-class and working folks. side no matter what the other side who is behind the endless attack ads I find this whole thing incredibly dis- does. That is why the Senate is broken. that fill the airwaves. turbing, this idea that a handful of The amendment before us would Here is how it works: If you have mil- superwealthy corporate interests in ef- amend the Bill of Rights and do it for lions of dollars you want to spend, you fect can buy our democracy—or in this the first time. It would amend one of can funnel it through back channels so case one guy. That is not how it is sup- the most important of those rights— that it ends up in the hands of a posed to work. Everyone is supposed to the right of free speech. The First group—typically one with a generic have an equal say in our democracy re- Amendment provides that Congress and benign-sounding name. gardless of his or her wealth. The guy shall make no law abridging freedom of I was trying to invent a name, such in the assembly line gets as many speech. The proposed amendment as ‘‘Americans for More America’’ and votes as the CEO—one. You don’t get would give Congress and States the ‘‘American America.’’ I was kind of extra influence just because you have power to abridge that freedom of free joking around, and it turns out there is extra money—or you shouldn’t. The speech. According to the amendment, group that has that name. They use government should be responsive to ev- it would allow them to impose reason- this money to buy ads and very often eryone and not just the wealthiest able limits, whatever those reasonable without disclosing the source of their among us. limits might be, on contributions and funds. To me, this whole thing looks a The way I see it is we can go two expenditures—in other words, limiting lot like money laundering, except now ways from here. On the one hand, we speech that influences elections. It it is perfectly legal. can continue to let Citizens United be would allow speech by corporations Again, this is real. A study just came the law of the land. We can perpetuate that would influence elections to be out which showed that in the current the fallacy that corporations have the banned altogether. election cycle alone there have already constitutional right to flood our elec- This amendment is as dangerous as been over 150,000 ads run by groups that tions with undisclosed money. We can anything Congress could pass. Passing don’t have to disclose the source of let deep-pocketed special interests buy for the first time an amendment to the their funding, and things are just get- influence and access and then set the Constitution amending the Bill of ting worse. Earlier this year, in a case agenda for the rest of the country or Rights is a slippery slope. Were it to be called McCutcheon v. Federal Election we can say enough is enough. We can adopted—and I believe it will not be— Commission, the Supreme Court was at restore the law to what it was before the damage done could be reversed only it again, recklessly doing away with a Citizens United was decided. More to if two-thirds of both Houses of Con- law that prohibited people from giving the point, we can restore the voice to gress voted to repeal it through a new more than $123,000 in the aggregate di- millions upon millions of everyday constitutional amendment, with three- rectly to candidates in an election Americans who want nothing more fourths of the States ratifying that cycle. The limit had been $123,000. Who than to see their government represent new amendment. has that kind of money? Who has that them. That is the choice we have be- So let’s start with first principles. kind of money lying around to spend fore us this week. For those of us who The Declaration of Independence states

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.022 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5395 that everyone is endowed by their Cre- possible opposition. They would know is necessary for democracy. That is ator with unalienable rights that gov- no challenger could run an effective outrageous. The only existing right the ernments are created to protect. Those campaign against them. amendment says it will not harm is preexisting rights include the right to What precedent would this amend- freedom of the press. So Congress and liberty. ment create? Suppose Congress passed the States could limit the speech of The Constitution was adopted to se- limits on what people could spend on anyone except the corporations that cure the blessings of liberty to Ameri- abortion or what doctors or hospitals control the media. In other words, cans. Americans rejected the view that could spend to perform them. What if under this amendment, some corpora- the structural limits on governmental Congress limited the amount of money tions are OK and other corporations power contained in the original Con- people can spend on guns or limited are not OK. That would produce an Or- stitution would adequately protect the how much people could spend of their wellian world in which every speaker is liberties they had fought in that revo- own money on health care? Under this equal, but some speakers are more lution to preserve. So before the Colo- amendment Congress could do what the equal than others. Freedom of the nies would approve the Constitution, Citizens United decision rightfully said press has never been understood to give the Colonies—or then the States under it could not; example: Make it a crimi- the media special constitutional rights the Articles of Confederation—insisted nal offense for the Sierra Club to run denied to others. on the adoption—or the addition to the an ad urging the public to defeat a Con- Even though the amendment by its original Constitution—of the Bill of gressman who favors logging in the na- terms would not affect freedom of the Rights. tional forests; another example: Pro- press, I was heartened to read that the The Bill of Rights protects individual hibiting the National Rifle Association largest newspaper in my State, the Des rights regardless of whether the gov- from publishing a book seeking public Moines Register, editorialized against ernment or a majority approves of support for a challenger to a Senator this proposed constitutional amend- their use. The First Amendment in the who favors a handgun ban or for the ment. They cited testimony from the Bill of Rights protects the freedom of ACLU to post on its Web site a plea for Judiciary Committee hearing, and they speech. That freedom is basic to self- voters to support a Presidential can- recognized the threat the proposed government. Other parts of the Con- didate because of his stance on free amendment poses to freedom. stitution foster equality or justice or speech. Nobody wants a government But in light of recent Supreme Court decisions, an amendment soon may not representative government, but the that powerful which could enforce be needed at all. Four Justices right Bill of Rights is only about individual those examples I just gave as well as now would allow core political speech freedom. other examples. Free speech creates a marketplace of Don’t take my word for it. In fact, at to be restricted. Were a fifth Justice ideas in which citizens can learn, de- oral argument in Citizens United, the with this same view to be appointed, bate, and persuade fellow citizens on Obama administration told the Court there would be no need to amend the the issues of the day. At its core, it en- it would be legal for a corporation to Constitution to cut back on this polit- ables our citizenry to be educated, to be prosecuted for publishing a book ical freedom. Justice Breyer’s dissent for these cast votes, to elect their leaders. that expressly advocated for or against four Justices in the McCutcheon deci- Today freedom of speech is threat- the election of a candidate. Sounds im- ened as it has not been in many dec- sion does not view freedom of speech as possible, but that is what was said. an end in itself, as was so important to ades. Too many people do not seem to Consequently, the Obama administra- want to listen and debate and persuade. our Founding Fathers. He thinks free tion and the Democratic leadership political speech is about advancing, in Instead, they want to punish, intimi- support banning books they don’t agree his words, ‘‘the public’s interest in pre- date, and silence those with whom they with. Consequently, that should be a serving a democratic order in which disagree. For instance, a corporate ex- frightening prospect for all of us. collective speech matters.’’ ecutive who opposed same-sex mar- Under this amendment, Congress and To be sure, individual rights often do riage—the same position President the States could limit campaign con- advance socially desirable goals, but Obama held at that very time—is to be tributions and expenditures without our constitutional rights do not depend fired. Universities that are supposed to complying with existing constitutional on whether unelected judges believe be fostering academic freedom cancel provisions. Congress could pass a law they advance democracy as they con- graduation speeches by speakers some limiting expenditures by Democrats ceive it. Our constitutional rights are students find offensive. Government of- but not by Republicans, by opponents individual. They are not ‘‘collective’’— ficials order other government officials of ObamaCare but not by its sup- the word the Justice used. Never in 225 not to deviate from the party line con- porters. years has any Supreme Court opinion cerning proposed legislation. What does the amendment mean described our rights as collective. Our The resolution before us—the pro- when it says Congress can limit funds rights come from God and not from the posed constitutional amendment cut spent to influence elections? If an government or from the public, and if from the same cloth—would amend the elected official says he or she plans to they did, they could be taken away Constitution for the first time to di- run again, long before any election, from us at any time. So I don’t put minish an important right of Ameri- Congress under this amendment could much stock in the comment from one cans that is contained in the Bill of criminalize criticism of that official as Justice quoted on the floor today that Rights. In fact, it will cut back on one spending to influence elections. A Sen- the Court’s campaign finance decisions of the most important of those rights— ator on the Senate floor, as I am right are wrong. core free speech about who should be now, appearing on C–SPAN free of Consider the history of the last 100 elected to govern. charge, could, with constitutional im- years. Freedom has flourished where The proposed constitutional amend- munity, defame a private citizen. The rights belonged to individuals that gov- ment would enable governments to Member could say the citizen was buy- ernments were bound to respect. Where limit funds contributed to candidates ing elections. If the citizen spent what rights were collective and existed only and funds spent to influence elections. Congress said was too much money to at the whim of a government that de- That would give the government the rebut that charge, he could possibly go termines when they serve socially de- ability to limit speech. The amend- to jail. We would be back to the days sirable purposes, the results in those ment would allow the government to when criticism of elected officials was countries have been literally horrific. set the limit at low levels. There could a criminal offense. If people think that We should not move even 1 inch in be little in the way of contributions or cannot happen, it did happen in 1798 the direction the liberal Justices and election spending. There would be re- when the Alien and Sedition Acts were this amendment would take us. The strictions on public debate on who passed—and that is since our country stakes could not be higher for all should be elected. For sure, incum- was formed and since our Constitution Americans who value their rights and bents—those of us who sit in this has been governing our relationships. their freedoms. body—would find that outcome to be Yet the supporters of this constitu- Speech concerning who the people’s acceptable because it would weaken tional amendment say this amendment elected representatives should be,

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.024 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5396 CONGRESSIONAL RECORD — SENATE September 9, 2014 speech setting the agenda for public before us has nothing to do with vot- The philosophy of the amendment, as discourse, speech designed to open and ing. Even if it did, polls consistently you can see, is very elitist. It says the change the minds of our fellow citizens, show that about 75 percent of Ameri- ordinary citizen cannot be trusted to speech criticizing politicians, speech cans support a requirement that voters listen, to understand political argu- challenging government policies—all of produce photo ID. ments, and evaluate which ones are these forms of speech are vital rights. Prevention of fraud is common sense. persuasive. Instead, incumbent politi- This amendment puts all of those ex- Voter fraud exists, despite the tactic of cians interested in securing their own amples in jeopardy upon penalty of im- voter ID opponents repeating over and reelection are trusted to be high-mind- prisonment. over that it does not. In my State of ed. Surely they would not use this new It would make America no longer Iowa, there have been successful pros- power to develop rules that could si- America. ecutions for in-person voter fraud. lence not only their actual opposing Contrary to the arguments of its sup- In North Carolina recently, 765 reg- candidate but associations of ordinary porters, the amendment would not ad- istered voters appeared, based on their citizens who have the nerve to want to vance self-government against corrup- names, birth dates, and last four digits vote them out of office. tion and the drowning out of voices of of their Social Security numbers, to As First Amendment luminary Floyd ordinary citizens. Quite the opposite. It have voted in another State. That cer- Abrams told the Judiciary Committee: would harm the rights of ordinary citi- tainly warrants investigation. We [P]ermitting unlimited expenditures from zens, individually and in free associa- would have more evidence of voter virtually all parties leads to more speech tion, to advance their political views fraud if this administration did not from more candidates for longer time periods, and ultimately to more competitive and to elect candidates who support block efforts to prosecute its existence. elections. their views. By limiting campaign When Florida sought from the De- Why would anybody want to destroy speech, it would limit the information partment of Homeland Security a list that political environment—more voters receive in deciding how to vote, of noncitizens it could compare against speech, more candidates, longer time and it would limit the amount people its voter rolls, the Department refused periods, and ultimately competitive can spend on advancing what they con- to supply it. elections? Incumbents are unlikely to sider to be the best political ideas. Let’s turn back to the amendment use this new power to welcome com- Its restrictions on speech apply to in- before us, which affects only free petition. dividuals. Politicians could apply the speech rights, not voting rights. Keep In fact, the committee report indi- same rules to individuals who govern our eye on the ball. The amendment cates that State and Federal legisla- corporations. Perhaps individuals can- would apply to some campaign speech tors are not the only people who would not be totally prohibited from speak- that could not give rise to corruption. have the ability to limit campaign As my friend from Illinois stated, ing, but the word ‘‘reasonable’’ is in speech under the amendment. It says under current law an individual could this amendment. Reasonable limits can States and the Federal Government spend any amount of his or her own mean almost anything. Incumbents can promulgate regulations to enforce money to run for office, but an indi- likely would set a low limit on how the amendment. So unelected State vidual could not corrupt himself by his much an individual can spend to criti- and Federal bureaucrats who do not own money and could not be bought by cize him. Then the individual will have answer to anyone would be empowered others if he or she did not rely on out- to risk criminal prosecution in decid- to regulate what is now the freedom of side money. ing whether to speak, hoping a court speech for individuals and entities that Yet the amendment would allow Con- would later find the limit he or she ex- has been protected for 227 years by our gress and the States to strictly limit ceeded was unreasonable. That would Bill of Rights. That would make a what an individual could contribute to create not a chilling effect on speech mockery of the idea that this proposed or spend on his or her own campaign. but a freezing effect. amendment advances democracy. This does not further democratic That would make beating the incum- Another argument for the amend- self-government like we are used to in bents who would benefit from the new ment—some voices should not drown this country. powers to restrict speech much more out others—also runs counter to free When supporters such as the Senator difficult. speech, and it is also very elitist. It as- from Illinois say that those who spend In practice, individuals seeking to sumes voters will be manipulated into money in campaigns silence their crit- elect candidates in the democratic voting against their interests because ics, they have it exactly backwards. process must exercise their First large sums will produce so much speech One person speaking does not silence Amendment freedom of association in as to drown out others and blind them anyone, but the government pros- order to work together with others for to the voters’ true interests. ecuting people for speaking does. a common political purpose. This We had a perfect example very re- My friend says that candidates, un- amendment could prohibit that alto- cently in Virginia’s Seventh Congres- like individual groups, ‘‘abide by strict gether. It would permit Congress and sional District. The incumbent Con- rules on . . . how much is being spent.’’ the States to prohibit ‘‘corporations or gressman outspent his opponent 26 to 1. This is simply not so. That Senator is artificial entities . . . from spending Newspaper reports state that large factually wrong. The rules are the money to influence elections.’’ sums were spent on independent ex- same. The First Amendment requires That means labor unions. That penditures on the incumbent’s behalf, that candidates be able to spend as means nonprofit corporations such as many by corporations. No independent much as they want. That is true for in- the NAACP Legal and Educational De- expenditures were made for his oppo- dividuals, corporations, and unions as fense Fund, Inc. That means political nent. His opponent won. That sounds well. Individuals are limited in current parties. like really drowning out a political law on how much they can contribute The amendment would allow Con- point of view. to candidates. Corporations cannot gress to prohibit political parties from That appears to be undue influence? contribute to candidates at all. spending money to influence the elec- No. The winner of that primary spent The rules for expenditures are dif- tions. If they can’t spend money on just over $200,000 to win 55 percent of ferent. Candidate expenditures are ex- elections, then these political parties the vote. penditures by others independent of would be rendered as mere social clubs. Since a limit that allowed a chal- the candidate and are unlimited be- The prohibition on political spending lenger to win would presumably be cause they are simply free expression. by for-profit corporations also does not ‘‘reasonable’’ under the amendment, Individuals and corporations cannot advance democracy. Were this amend- Congress or the States could limit and, in fact, do not make unlimited ment to take effect, a company that spending on House primaries to as lit- campaign contributions under current wanted to advertise beer or deodorant tle as $200,000, all by the candidate, law. would be given more constitutional with no obviously unnecessary outside My friend also discussed fraud in vot- protection than a corporation of any spending allowed. ing, which he says does not exist, and kind that wanted to influence an elec- The second set of unpersuasive argu- opposed voter ID laws. The amendment tion. ments used by the proponents concerns

VerDate Mar 15 2010 01:15 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.026 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5397 Citizens United. That case has been adopting a Bill of Rights in the first It was President Lincoln who sum- mischaracterized as activist. As Mr. place. marized the genius of our democracy in Abrams stated, that case continues a As Justice Jackson famously wrote, his speech at Gettysburg: ‘‘ . . . of the view of free speech rights by unions ‘‘The very purpose of a Bill of Rights people, by the people, and for the peo- and corporations that was expressed by was to withdraw certain subjects from ple.’’ He proceeded to say that we must President Truman and by liberal Jus- the vicissitudes of political con- not let this vision perish from this tices in the 1950s. What Citizens United troversy, to place them beyond the Earth. overruled was the departure from reach of majorities and officials and to Yet Citizens United, day by day, elec- precedent, and Citizens United did not establish them as legal principles to be tion by election, is diminishing and de- give rise to unfettered campaign spend- applied by the courts. stroying the very vision that President ing. ‘‘One’s right to life, liberty, and prop- Lincoln summarized in that speech on The Supreme Court in 1976, in Buck- erty, to free speech, a free press, free- the battlefield at Gettysburg. ley v. Valeo, ruled that independent ex- dom of worship and assembly, and What does Citizens United say? It penditures could not be limited. That other fundamental rights may not be says that entities that are not individ- decision was not the work of supposed submitted to vote; they depend on the uals, that have no claim to the Bill of conservative judicial activists. outcome of no elections.’’ Rights, can spend unlimited sums to Wealthy individuals have been able We must preserve our Bill of Rights inundate the airwaves and drown out to spend unlimited amounts since then. including our rights to free speech. We the voice of the people. And corporations and others have been must not allow officials to diminish Imagine, if you will, the town square. able to make unlimited donations to and ration that right. We must not let Let’s turn the clock back to the early 501(c)(4) corporations since then as this proposal become the supreme law phase of our democracy. There we are at the town square and well. of the land. As Mr. Abrams wrote to the Judici- I yield the floor. everyone is supposed to have their ary Committee in questions for the The PRESIDING OFFICER. The Sen- chance to have their say in influencing the decisions that are to come. The record, ‘‘What Citizens United did do, ator from Oregon. town council says: Do you know what, however, is permit corporations to con- Mr. MERKLEY. I ask unanimous Mr. Jones or Mrs. Anderson, you get 30 tribute to PACs that are required to consent to speak for up to 10 minutes. seconds, but now over here we are disclose all donors and engage only in The PRESIDING OFFICER. Without going to give 4 hours to your opponent. independent expenditures. If anything, objection, it is so ordered. Would anyone consider that an exercise Citizens United is a pro-disclosure rul- Mr. MERKLEY. We have heard on in democracy? Oh, yes, the individuals ing which brought corporate money this floor some lengthy speeches that get 30 seconds, but the powerful enti- further into the light.’’ So I do not brought a number of arguments to bear ty—maybe the big landholder—gets 4 think my colleagues are correct in say- in an effort to appear learned, insight- hours to make his or her case. That is ing that this amendment is about so- ful, founded in law and founded in history, all to obscure the fundamental not democracy. That is not ‘‘We the called ‘‘dark money.’’ And limiting People.’’ That is rules that are twisted speech is totally separate from disclo- fact before this body, which is some on this floor today want to see a govern- to fix the game on behalf of the power- sure of speech. This amendment says ful against the people, and that is what nothing about disclosure. ment owned and operated by the powerful, not the people. But that is ex- Citizens United represents. And it is the amendment, not Citi- Our system of government is such actly the opposite of what our Con- zens United, that fails to respect prece- that it is essential that citizens believe stitution was set up to do. The Found- dent. It does not simply overturn one that every citizen has a fair shot to ers of our Nation proceeded to lay out case. participate because if they do not be- As Mr. Abrams responded, it over- in very clear terms that the entire lieve there is a fair shot, then, in fact, turns 12 cases, some of which date back premise of our government would not the premise of democracy—‘‘We the almost 40 years. As the amendment has be ruled by the few over the many. It People’’—is destroyed because why par- 1 been redrafted, it may be 11 ⁄2 now, de- would not be a system of government ticipate if the system is rigged? That is pending on what ‘‘reasonable’’ means. set up of, by, and for the powerful. what we are talking about—the rigging Justice Stevens, whom the Com- They laid that vision out in the very of the system. I think those five Jus- mittee Democrats relied on at length first words of our Constitution. tices simply have not read the Con- in support of the amendment, voted This premise is so well-known to citi- stitution, have not read the first three with the majority in three of the cases zens that when you say: What are the words, do not understand the premise, the amendment would overturn. first three words of our Constitution, the foundation, the heart of our system Some members of the Committee they will say, together: ‘‘We the Peo- of government and what it is intended may not like the long established ple,’’ because that is what animates to accomplish. It is as if they scratched broad protections for free speech that our system of government—‘‘We the out the first three words of the Con- the Supreme Court has reaffirmed. But People.’’ Those who came to argue for stitution and said: We are rewriting it. that does not mean there are 5 activ- the government by and for the power- We are going to rig the system for ‘‘We ists on the Supreme Court. The Court ful are simply trying to destroy our the Powerful’’ over the people. That is ruled unanimously in more cases this Constitution and our vision of govern- what this debate is about. year than it has in 60 or 75 years, de- ment. In Citizens United, these five Jus- pending on whose figures you use. Its Citizens United, a court case that ab- tices—a one-vote majority over the unanimity was frequently dem- solutely ignores the fundamental prem- four who protested against this bizarre onstrated in rejecting arguments of the ises on which our Nation is founded, is effort to destroy the premises of our Obama administration. a dagger poised at the heart of our de- democracy—said: Unlimited sums, dark I have made clear that this amend- mocracy. It is a decision by five Jus- money—such sums ‘‘do not give rise to ment abridges fundamental freedoms tices that this framework doesn’t mat- corruption or the appearance of corrup- that are the birthright of Americans. ter. tion.’’ They could not be more wrong. The arguments made to support it are The writers of the Constitution felt Corruption in this sense is the rigging unconvincing. The amendment will this was so important to convey to of the game such that citizens do not weaken, not strengthen, democracy. It every citizen that this is the meaning, have a fair voice, and rigging the game will not reduce corruption, but will the core meaning of what our govern- is exactly what Citizens United does. It open the door for elected officials to ment is about, that they proceeded to is so obvious that, of course, it gives bend democracy’s rules to benefit write those words in a font that is ap- rise to the appearance that the game is themselves. proximately 10 times the size of every- rigged because it is. The fact that the Senate is consid- thing that comes after ‘‘We the People Think about the situation I described ering such a dreadful amendment is a of the United States. . . .’’ And all that where the town council says to Mr. An- great testament to the wisdom of our follows is to illuminate, expand on that derson or Mrs. Jones: You get 30 sec- Founding Fathers in insisting on and vision. onds; the opponent on the other side

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.028 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5398 CONGRESSIONAL RECORD — SENATE September 9, 2014 gets 4 hours. That is exactly what we colleagues across the aisle in a couple the wealthiest, the most powerful op- are seeing in elections across the coun- years—in about a 2-year period—from a pressing the fundamental nature of our try. You may see in some elections market-based control of a major pol- democracy. that the average donation may be $50. lutant, carbon dioxide, to arguing that Together we can stay the hand that Along come the Koch brothers, who in no, no, no, it cannot be controlled. holds the dagger aimed at the heart of most States would be out-of-State, out- That would be an energy tax. democracy, and it is our responsibility of-State oil and coal billionaires, com- Well, this happens time and time to do so for this generation and for the ing in and maybe spending $3 million again, and the people across this Na- generations to come. or $5 million or more through a variety tion do, in fact, pay attention. They Thank you, Madam President. of front groups they have set up. are seeing the system is rigged. That is f How many individual donations does why in one poll 92 percent of Ameri- RECESS it take to get the same time to present cans said this program is broken. I your case as the Koch brothers spend- thought to myself: What is wrong with The PRESIDING OFFICER. Under ing, say, $3 million? Well, it would take the other 8 percent? Haven’t they paid the previous order, the Senate stands about 60,000 $50 donations to buy the attention? Don’t they know how much in recess until 2:15 p.m. Thereupon, the Senate, at 12:56 p.m., same opportunity to speak. So Citizens this system is being corrupted by Citi- recessed until 2:15 p.m. and reassem- United is very much like that town zens United, by the decision of those bled when called to order by the Pre- council saying: You, madam citizen, five Justices? get 30 seconds, but you, mister rich, Well, in addition, there is another siding Officer (Ms. BALDWIN). powerful individual, get 4 hours. So, of form of corruption that comes from f course, it is corrosive and corrupting. Citizens United; and that is those indi- PROPOSING AN AMENDMENT TO It erodes fair opportunity for all citi- viduals who have been elected by these THE CONSTITUTION OF THE zens to have their voice heard. And be- vast sums are beholden to those who UNITED STATES RELATING TO cause it does erode the ability of all elected them and they will choose no CONTRIBUTIONS AND EXPENDI- citizens to have their voice heard, of policy that goes against those who TURES INTENDED TO AFFECT course, it enhances the belief, that is, have pulled their strings and gotten ELECTIONS—MOTION TO PRO- the appearance that the system is them elected. That is definitely a form CEED—Continued rigged, the appearance of corruption. of serious corruption in a democracy, The PRESIDING OFFICER (Ms. It changes the debate in this Cham- where ideas are supposed to be debated BALDWIN). The Senator from Utah. ber because colleagues look at these and decided, analyzed, not where vast Mr. HATCH. Madam President, more millions of dollars brought to bear by corporate or individual wealthy bil- than 40 years ago, in New York Times just a couple individuals and they say lionaires pull the strings. So it is de- v. Sullivan, Justice William Brennan to themselves in the back of their stroying the competition between ideas described ‘‘a profound national com- head: I better not step on the toes of on how to take a path that works for mitment to the principle that debate that group that can now spend millions ‘‘We the People’’ instead of ‘‘We the on public issues should be uninhibited, of dollars in my election way down in Powerful.’’ robust, and wide-open.’’ The measure a southern State or way out in a west- When people back home see those in now before the Senate shows that this ern State or way up in the northeast. I this Chamber arguing to cut food commitment is in serious jeopardy. better not step on their toes. If that is stamps while not cutting a single egre- Next week marks the 227th anniver- not corrosive and corrupting to a ‘‘We gious tax giveaway to powerful oil sary of the drafting of the U.S. Con- the People’’ debate and decision- companies, they see the corrosive institution. Those who participated in making, I do not know what is. fluence of Citizens United. When they that process agreed that individual lib- Let’s take an example. Not so long see folks across the aisle arguing that erty requires limits on government ago the party across the aisle was say- you should not eliminate these sub- power, but they differed on how ex- ing: We think we have a good idea on sidies that go to companies that ship plicit and extensive those limits should how to use a market-based system to our jobs overseas, and that you should be. Many thought the simple act of del- control sulfur dioxide. Rather than oppose subsidies to bring those jobs egating enumerated powers to the Fed- putting a limit on each smokestack, we home, they see the powerful influence eral Government and reserving the rest will create an overall limit and allow of Citizens United. The list could go on to the States would be enough. Others the market to allocate the most cost- and on. were more skeptical of government effective way to reduce that sulfur di- We have a particular challenge be- power and insisted that the Constitu- oxide pollution. That cap-and-trade cause the concentration of wealth in tion needed a bill of rights. Those skep- system invented across the aisle, pro- America is greater than it has been tics, however, were not skeptical posed across the aisle, passed across since 1920, greater than it has been for enough. The measure before us today, the aisle, actually worked pretty well. virtually a century. And now we have a S.J. Res. 19, would allow the govern- In fact, it worked spectacularly. Sulfur system, thanks to our Supreme Court ment to control and even prohibit what dioxide and acid rain were decreased majority of five, that says wealth can Americans say and do in the political faster, more cheaply than anyone envi- be brought to bear to buy elections process. sioned. If the range of possible out- across this Nation. This is not the sys- Yesterday a member of the majority comes was considered to be 1 through tem that colonists thought about when leadership said this measure is ‘‘nar- 10, this was a 25. It was a resounding they were trying to set up a govern- rowly tailored.’’ It is possible to be- success. ment that would serve every Amer- lieve that only if you have never read But along come two individuals who ican—not the few—that would serve S.J. Res. 19 and know nothing about ei- have these billions of dollars who are humble, ordinary working Americans— ther the Supreme Court’s precedents or getting into elections all over the not the most powerful—that would past proposals of this kind. This is not country, who are threatening to put serve those in every economic level for the first attempt at empowering the millions in to those who disagree, and a better vision, a better opportunity government to suppress political they say: No, no, no. Sulfur dioxide, for employment, a better opportunity speech, but it is the most extreme. hmm, do not apply this idea that for health, a better opportunity to live Four elements of this proposal are worked so well for the carbon dioxide a quality life, instead of just those who particularly troubling. pollution; do not do that; no matter have the biggest bank checkbooks. First, its purpose is to advance what how well this idea worked, do not do I urge my colleagues, let’s take up it calls ‘‘political equality.’’ None of that because we won’t fund your elec- this issue. How could any issue be more the constitutional amendments pre- tion. If you are with us, we will fund important than this issue that goes to viously proposed to control political massive amounts of campaign ads to the very core of our democracy? Let’s speech has made such a claim. The attack your opponents. That is exactly not try to run these lengthy, lengthy irony is astounding. At the very time what the Koch brothers have done, and speeches with learned, learned quotes, in our history when technology is nat- they reversed the entire position of my to try to disguise what this is about: urally leveling the political playing

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.031 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5399 field, this proposal would give the gle dollar to influence elections but As the Supreme Court has recog- power to define political equality to leaves multibillion-dollar media cor- nized, the First Amendment is pre- government. If simply suggesting that porations free to influence elections as mised on a mistrust of government the government should have the power much as they choose. That set of prior- power. Neither the nature of govern- to enforce its own version of political ities represents a twisted sense of po- ment power nor its impact on indi- equality is not enough to oppose this litical equality that I cannot believe vidual liberty has changed. S.J. Res. 19, proposal, then our liberties are in even most Americans share. therefore, proves three things. It greater danger than I thought. Finally, this proposal would allow proves that the government’s tempta- In addition to its stated purpose, this government to distinguish between tion to control what Americans say proposal is also troubling because of what it calls natural persons and ‘‘cor- and do in the political process is as the power it would give to government. porations or other artificial entities strong as ever. It proves that the ma- Past proposals of this kind were very created by law.’’ Unlike other provi- jority believes it can retain power only specific about what government could sions of the Bill of Rights, such as the by suppressing the liberties of our fel- or should regulate. One measure, for Fourth or Fifth Amendment, the First low Americans. It proves that the pro- example, covered expenditures made Amendment does not use the word found national consensus Justice Bren- ‘‘to expressly advocate the election or ‘‘person;’’ it simply protects the free- nan described may no longer exist. defeat of a clearly identified candidate dom of speech—a freedom that obvi- Another irony is that the majority in for Federal office.’’ More recently, pro- ously can be exercised not only individ- what we often call the world’s greatest posed amendments covered expendi- ually but also collectively. deliberative body is trying to stifle the tures made ‘‘in support of, or opposi- Yesterday a Democratic Senator dis- free speech of citizens with whom they tion to, a candidate.’’ The proposal be- missed the notion that corporations disagree. This is nothing more than fore us today, however, says that gov- can be treated as persons under the law election-year misdirection, an attempt ernment may regulate ‘‘the raising and because corporations never get mar- to distract attention from the major- spending of money by candidates and ried, raise kids, or care for sick rel- ity’s complete failure to address the others to influence elections.’’ That is atives. real problems facing our Nation. all it says. It would allow government Is he kidding? A corporation cannot We should heed the advice of our late to control the raising and spending of care for sick relatives, but it certainly colleague from Massachusetts, my money by anyone doing anything at can speak, and that is what this debate friend Senator Ted Kennedy. We were any time to influence elections. No is all about. As the Supreme Court ob- often called ‘‘the odd couple’’ because proposal of this kind has ever been served more than a century ago, cor- we worked so well together but came drafted more broadly. porations are ‘‘merely associations of from disparate or different political The same Democratic Senator who individuals.’’ areas. In March 1997 this body was de- yesterday claimed this proposal is nar- Perhaps I need to remind my col- bating another proposed constitutional rowly tailored referred to big-money leagues that the first section of the amendment to control political speech. campaign donors, high rollers, and for- first title of the United States Code is That measure, I want my colleagues to profit corporations with unlimited the Dictionary Act. It defines the word know, was more narrowly drawn than budgets. I urge not only my colleagues ‘‘person’’ to include ‘‘corporations, the one before us today. It was limited but everyone listening to this debate to companies, associations, firms, part- to expenditures supporting or opposing read S.J. Res. 19. Just read it. My lib- nerships, societies, and joint stock candidates and did not exempt Big eral friends may want to paint certain companies, as well as individuals.’’ Media. Yet Senator Kennedy rose to billionaires or for-profit corporations Many of what this proposal labels oppose it and said: ‘‘artificial entities’’—such as nonprofit as the big bad wolf, but this proposal In the entire history of the Constitution, goes far beyond that. It would allow organizations, associations, or soci- we have never amended the Bill of Rights, government to regulate the raising and eties—exist to magnify the voices of in- and now is no time to start. It would be spending of money not only by billion- dividuals. The Supreme Court case that wrong to carve an exception in the First aires or corporations but by what it sparked this debate, Citizens United v. Amendment. Campaign finance reform is a simply labels ‘‘others.’’ That means ev- Federal Election Commission, was serious problem, but it does not require that eryone everywhere. It means individ- brought not by a for-profit corporation we twist the meaning of the Constitution. uals as well as groups, rich as well as but by a nonprofit organization. S.J. That was said by Senator Kennedy, poor, for-profits, nonprofits. Under this Res. 19 would allow government not and he was right. The Senate voted 38 proposal, government could control only to regulate but to prohibit the to 61 against that proposal. And Sen- them all. raising or spending of money by these ator Kennedy’s words apply with even It takes no imagination whatsoever nonprofits, associations, and societies more force today, there is no question to realize that virtually everything can to influence elections. They could be about it. influence elections. Voter registration banned from speaking on behalf of The real purpose of S.J. Res. 19 is ex- drives, get-out-the-vote efforts, non- what my Democratic colleagues like to actly what America’s Founders ratified partisan voter information, discussion refer to as ordinary, average Ameri- the First Amendment to prevent. Sup- about issues, town meetings—all of cans. Suppressing the speech of organi- porters of this radical proposal appar- these activities and many more influ- zations that speak for individuals ently believe that freedom itself is the ence elections. would leave millions of those Ameri- problem. That view is contrary to the Once again, I urge everyone to read cans with no voice at all. most fundamental principles of this the proposal before us. It would give We should eliminate rather than cre- Republic and incompatible with a free government the power to regulate any- ate barriers to participation in the po- society. Freedom is not the problem; it thing done by anyone at any time to litical process. We should encourage is the solution. influence elections. rather than discourage activities by I am really amazed that my col- The third troubling element of this our fellow citizens to influence the leagues on the other side would at- proposal is that it would suppress the election of their leaders. We should tempt to pull this stunt at this time in First Amendment freedom of speech prohibit rather than empower govern- our country’s history, when almost for individual citizens but protect the ment to control how Americans par- anybody who looks at it knows it is First Amendment freedom of the press ticipate in the political process. We done just for publicity and political for Big Media. Supporters of this should, to return to Justice Brennan’s reasons. At the same time, what an amendment want to manipulate and words, strengthen rather than dis- awful amendment it is. It makes one control how individual citizens influ- mantle our national commitment to wonder if people in the Congress today ence elections but are perfectly happy uninhibited, robust, and wide-open de- are really as serious about our country with how Big Media influences elec- bate on public issues. Making S.J. Res. as they were back at the beginning of tions. This proposal would allow gov- 19 part of the Constitution would in- this country. Those people didn’t have ernment to prohibit nonprofit organi- stead make that debate inhibited, nearly the knowledge from books of zations from raising or spending a sin- weak, and closed. learning and capacities we have today,

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.036 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5400 CONGRESSIONAL RECORD — SENATE September 9, 2014 but for some reason they were inspired. You may remember that my Repub- work, they will give you a straight an- They were well educated. They were lican colleagues blocked these bills the swer: It doesn’t. Democrats know it is strong people. They knew what was last time the Democrats brought them time they got a raise. Republicans dis- right, they stood up for what was right, to the floor. So I am going to encour- agree. They said no earlier this year to and they did it in very carefully se- age my Republican colleagues to say a raise for 15 million women, and I lected words, which would be surely di- something besides no when it comes to think the American people deserve to minished by what the Democrats are higher wages for workers or college af- hear why. trying to do here today. fordability or pay equity, because if Women aren’t the only ones affected I sometimes wonder, is politics more they have a reason for opposing legisla- by these challenges, because when important than the Constitution? They tion that would help women and fami- working women aren’t getting equal know they are not going to pass this lies get ahead, I think the American pay, when they haven’t gotten a raise resolution. We are not going to let people deserve to hear it. in years, when they are struggling to them pass it. It is crazy. It is wrong. It The role of women and families in make ends meet, that means their fam- is out of whack. It is against almost our economy has shifted dramatically ilies are too—and our economy as a everything the Founding Fathers stood in the last several decades. Today 60 whole is weaker for it. for. It is against Supreme Court prece- percent of families rely on earnings Democrats have put forward ideas dent. It basically would limit the from both parents—up from 37 percent throughout this year that would help rights of far too many people. in 1975. Women today make up nearly level the playing field. It has been, I I know my colleagues are going to ul- half of the workforce, and more than must say, deeply disappointing that timately vote this down. This will ever women are likely to be the pri- time after time our Republican col- never get 67 votes and never should. It mary breadwinner in their families. leagues have simply said no—no to tax never should have seen the light of day Women are making a difference across and pay discrimination through the and never should have seen a minute the economy in boardrooms and lecture Paycheck Fairness Act, no to giving on the floor of this august body. It di- halls and small businesses, but our Na- millions of workers across the coun- minishes this body, that this type of tion’s policies have not caught up with try—including 15 million women—a amendment is being brought to the the times. In fact, today they are hold- raise, no to legislation that would re- floor of the Senate. ing women back. lieve some of the crushing burden of The PRESIDING OFFICER. The Sen- Across the country women still earn student loan debt, and the list goes on. ator from Washington. 77 cents on the dollar on average com- Republicans rejected so much as a de- Mrs. MURRAY. I ask unanimous con- pared to men. That difference adds up. bate on each of those bills just a few sent to speak as if in morning business In Seattle last year women earned 73 months ago, and that is a shame be- for 10 minutes. cents on the dollar compared to their cause we know these are issues women The PRESIDING OFFICER. Without male counterparts, and that translated and families truly care about. They rightly expect us to be working to- objection. to a yearly gap for women of $16,346. gether to come up with solutions. If FAIR SHOT AGENDA Nationwide, over a typical woman’s Republicans are just going to reject Mrs. MURRAY. Madam President, lifetime, pay discrimination amounts our ideas, I think their constituents over the last several weeks I spent a to $464,320 in lost wages. The gender deserve to hear what else they have to lot of time traveling across my home wage gap makes dealing with other fi- State of Washington hearing from offer. nancial burdens such as student loans When I was in my home State of workers and families about the chal- even more challenging. Washington last month I spoke with an lenges they face in today’s economy. This past spring I invited a woman entrepreneur named Leilani Finau. While there is no question the economy from Massachusetts named AnnMarie Leilani has worked very hard to get has made a lot of progress, I spoke with Duchon to our Budget Committee hear- her own business off the ground. She far too many people who are working ing to testify about her own personal told me for the last 12 years she has as hard as they can and still feel as experience with pay inequity. only been able to pay the interest on though they are running in place. De- AnnMarie told us that over the years her student loans. So more than a dec- spite their best efforts, they have not she missed out on more than $12,000 in ade later she still owes the same achieved the kind of economic security wages compared to a male coworker amount of principal. that allows them to buy a home or save who was doing the same job. She told I also talked to a woman named for retirement or start the new busi- us she and her husband both have stu- Veronica Donoso. She is an administra- ness they have been thinking about. I dent loan debt and those lost wages— tive specialist and a single mom from think we can all agree more Americans $12,000—would have covered 10 months my home State. Veronica told me should have those kinds of opportuni- of payments. AnnMarie said thinking about the financial burdens she is deal- ties. about that setback was ‘‘heart- ing with—not only student loans but So I am proud that this year Senate breaking.’’ childcare for her daughter. She said, ‘‘I Democrats have focused on legislation AnnMarie said she was ultimately try not to let my daughter see my that would go a long way toward giving able to go back and convince her em- struggles, but I feel terrible knowing our families and Americans a fair shot. ployers to give her equal pay, but un- that she is suffering too.’’ We have made the case for giving mil- fortunately most women are not able I think women such as AnnMarie, lions of Americans across this country to do that. Many don’t even know they Leilani, Veronica, and a lot of other a raise, helping students get out from are earning unequal wages. That is a women across the country deserve to the crushing burden of student loan real loss, both for our families and for hear more than just no from Repub- debt, ensuring that in the 21st century our economy as a whole. That is why licans when it comes to legislation working women get equal pay, and so we need the Paycheck Fairness Act to that could make a difference for them much more. tackle pay discrimination head-on and and their families. In the coming days we are going to help ensure that in this 21st century In the next few days Republicans will bring these issues to the forefront once workers are compensated based on how have an opportunity to take a different again and make another push for our they do their job, not on their gender. approach than they have so far this Republican colleagues to join us. Each Another policy that needs an update year. I am calling on the Senate Re- one of these policies would do so much is our Federal minimum wage. Two- publican leader to take advantage of it. for our families and for economic thirds of minimum wage workers are We should be able to debate these im- growth, and that is especially true be- women. Many of them are the sole portant issues. Democrats have put so- cause each would help women in to- breadwinners and sole caregivers for lutions on the table, a higher minimum day’s workforce. I have come to the their family, and I know if you ask wage, student debt relief, giving floor to focus on that last point in par- them how $7.25 an hour translates to a women more tools to fight pay dis- ticular and talk about why each of grocery trip for a family of four or crimination, and more. If Republicans these bills would make a real dif- shopping for school supplies or just have more to say than no, it is time for ference for women across the country. paying transportation to and from them to do it.

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.037 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5401 Thank you. I yield the floor. lower interest rates and benefit from came before us. It is a very simple The PRESIDING OFFICER. The Sen- lower interest rates for a variety of premise again. We are a global econ- ator from Michigan. things, but they cannot refinance their omy. We want to export our products Ms. STABENOW. Thank you, Madam student loans. People are locked in, but not our jobs, and we have tax pol- President. I would ask to speak for up whether it is current students, people icy right now that incentivizes those to 10 minutes as if in morning business. recently out of college—we know there who want to take the jobs overseas. The PRESIDING OFFICER. Without is a certain percentage of the trillion Some of this is craziness in the Tax objection. dollars in student loans that are paid Code, I believe. Ms. STABENOW. Thank you. First, I by people who are retired, actually on One of those very simple policies that thank the distinguished chair of the Medicare and still paying off student has sent a message that it is OK to ship Budget Committee for her words and loans. The law currently does not allow jobs overseas is the fact that if a com- her work on focusing on middle-class them to even just refinance to the low pany closes shop in places such as families and making sure the economy rates that one can get in other parts of Michigan or Wisconsin or Ohio or any- grows for everyone. I wish to echo and the economy. Back in June we put for- where in the country—we have seen too expand upon the very same topics our ward a refinancing bill that would help much of this in Michigan over the last distinguished chairwoman has been 25 million Americans—including 1 mil- decade—they can actually write off the talking about. lion in Michigan alone—reduce their cost of the move. The employer can say First, I think it is important to note student loan debt, put more money in to the employees, you pack up the that we have seen an improvement in their pocket so they can buy a house, boxes, and by the way—through the the economy. We are seeing a stock they can raise a family. I know real- Tax Code—you will end up paying for market that has doubled since Presi- tors in my State of Michigan and those the move. The Bring Jobs Home Act dent Obama took office. We have seen who are involved in mortgage banking says, no, we are not paying, as Amer- deficits going down. We are seeing pro- are now deeply concerned about this ican taxpayers, for your move if you jections of slowing increases as they issue because the debt they have is dis- are moving outside the country with relate to health care and Medicare qualifying people from buying a home those jobs. If you want to come back, costs. We are seeing more jobs being or being able to make other invest- great, you can not only write off those created. ments, starting a small business or costs, we will give you an extra 20-per- The challenge for us is making sure other opportunities for refinancing. cent tax credit for the cost on top of it. everyone has an opportunity in that So this is a critically important Very simply put, the Bring Jobs economy. We see an economy that has issue. If someone is following the rules Home Act is for those who want to turned, but yet we see way too many of working hard and doing what we all come home to America. We are all for people who are not able to benefit from say to do, getting skills so they can it. We will support you and help you do that economy and who don’t have a compete and be part of the new econ- that. If you want to leave America, you fair shot to create the opportunities for omy and get a job, but folks find them- are on your own. That was blocked by themselves and their families. selves in a situation where all they can the Republicans in July. So there is more work to be done and do is create crushing debt in all of this As if blocking those four very impor- that is what the ‘‘fair shot’’ agenda is and spend years and years and years, tant, commonsense bills was not out- all about. I thank the Presiding Officer oftentimes hundreds of thousands of rageous enough, Republicans once for her leadership around this whole dollars in student loan debt, this is a again blocked a bill to guarantee question of how to make sure the econ- concern. This is getting in the way of women equal pay for equal work. I omy works for everyone, how to make allowing people to be successful and can’t believe we are talking about this sure we have a middle class in this have a middle class in this country. We in 2014. Everybody says, wait a minute, country—and we will not have a middle have our student loan bill based on stu- we have equal pay for equal work. We class unless everybody has a fair shot dents, and it was unfortunately voted have a law on the books that is not en- to make it. down by Republicans in June. forced at this point in time. We have We have put together five issues we Then we go on to an issue we didn’t court decisions that do not allow the have voted on that we will continue to originally have on our agenda until the actual equal pay for equal work statute bring up over and over again until they Supreme Court made what I believe to truly be enforced in this country, get passed—and certainly there are was an outrageous decision that affects which is why we find ourselves in a sit- other issues as well but five that would women in their personal health care uation where nationally women still make a tremendous difference to decisions, basically saying that for a only receive 77 cents on a dollar. In Americans in terms of creating oppor- woman to get a certain kind of cov- Michigan, it is 74 cents on a dollar. tunity. erage for birth control or contracep- It is hard to believe that in this day The first one is the minimum wage. tion, she would have to walk into her and age—in 2014—42 of our Republican If you work, you ought to be receiving boss’s office and sit down and explain colleagues voted against the Paycheck more wages than if you were in pov- her personal health care issues and get Fairness Act. I hope we are going to erty. Why not be over the poverty line approval for birth control. I don’t know have another chance in the near future if you are working 40 hours a week. We any other part of the health care sys- to vote on that and again give them an ought to value work in our economy. tem that requires a boss to oversee a opportunity to support equal pay for Raising the minimum wage is an im- decision made by an employee. But this equal work. portant piece of that. It is the floor, was something that was decided as When we look at Michigan, where the foundation that is high enough being a legitimate option under a Su- women are working very hard every that your family is not in poverty if preme Court decision called the Hobby day, I find it stunning that they are you are working 40 hours a week. We Lobby decision. making only 74 cents on every dollar. raised this issue and we voted on this So we put forth legislation to make They are getting 26 cents less for every issue of raising the minimum wage it clear it is not your boss’s business, dollar that they work. When you go to above the poverty line and it was that women ought to be able to receive the grocery store, you don’t get a 26- blocked by our Republican colleagues coverage for preventive care for women percent reduction. They can’t say: Hey, in April. just as men do for their health care de- I am paid less. Here is my 26-percent We then came back and looked at the cisions. We voted on a bill that would discount. When they go to the gas sta- fact that another part of the burden on make sure women could make their tion, they don’t get a 26-percent dis- middle-class families and those aspir- own basic health decisions in privacy, count. When they pay their mortgage, ing to get into the middle class is the and that was blocked in July by Repub- they don’t get a 26-percent discount. cost of student loans. In fact, it is licans, indicating they did not believe Obviously it doesn’t make sense and shocking to know we have more stu- women should have the opportunity to the numbers don’t add up, but it is dent loan debt than credit card debt in make their own health care decisions. much more than just about numbers. this country. We are seeing that people Then a bill of mine with Senator I remember when Kerri Sleeman are able to refinance their homes to WALSH called the Bring Jobs Home Act from Houghton, MI—up in the Upper

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.041 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5402 CONGRESSIONAL RECORD — SENATE September 9, 2014 Peninsula—came here to testify in the We just came back off of a recess ning western Iraq and eastern Syria. Senate. She was a senior engineer su- where we had a chance to go back The border between Syria and Iraq is pervising a group of engineers at the home and talk to our constituents. gone. It is the site of a new caliphate. company. After the company closed More importantly than talk to them, They are the Islamic radicals who were and went bankrupt, she was reviewing we had a chance to listen to them and deemed so bad that Al Qaeda didn’t the legal documents and found that hear what is on their minds. What are want to have anything to do with she, as the engineering supervisor, had, their concerns? What are their hopes? them—ISIS. They have created what in fact, been paid less than those whom What are their dreams? What are they they believe is an Islamic state or ca- she supervised. worried about? I guarantee that none liphate, where Shari’a law will rule and Madam President, I ask unanimous of my constituents suggested we need women will have virtually no rights consent for another minute. to repeal the First Amendment to the and people will have no liberty or free- The PRESIDING OFFICER. Without U.S. Constitution. That is the par- dom. We have seen American journal- objection, it is so ordered. ticular legislation that is on the floor ists being decapitated on video. We see Ms. STABENOW. Kerri Sleeman, as a today. That is the priority of the a brutal Syrian civil war in which supervisor, deserved to receive the kind Democratic majority leader. It is a about 200,000 civilians have been of pay she should receive as a super- show vote to try to deny people an killed—200,000 human beings are dead visor. equal opportunity to participate in the as a result of a Syrian civil war—and One of the things I find outrageous is political process—to shut them out if millions more Syrians have been dis- when we hear folks on the other side of you disagree with them and silence placed internally within this country the aisle say equal pay for equal work them. Tell them to sit down, be quiet, or else living in refugee camps in Tur- is nonsense; the bill is nonsense. It is a we are in charge and in control. key, Lebanon, and Jordan. distraction. In Michigan we have heard I cannot tell you how disappointed I We see a failed state in Libya. We see people say: Women don’t care about am that it seems as though it is all pol- a terrorist-sponsoring Iranian theoc- equal pay, they want flexibility. Well, itics all the time. Every perceived or racy that continues to pursue a nuclear flexibility doesn’t pay for my gro- real problem that our Democratic weapon, and we see a violent Iranian ceries. The truth of the matter is friends seem to identify—what is their axis stretching from Tehran to Damas- women want to have the opportunity solution? It is more government. The cus to Beirut and Gaza. to receive equal pay. most feared words in the English lan- Meanwhile, let’s not forget about We are at a point in time where we guage where I come from are ‘‘I’m from Eastern Europe. We see an aggressive, ought to move forward quickly in pass- the Federal Government and I’m here autocratic gangster state conducting a ing each one of these issues. As we to help.’’ cross-border invasion of democratic know, this is about the economy and We had an experiment over the last neighbors and taking sovereign terri- growing the middle class in this coun- 51⁄2 years since President Obama was tory by force in a manner not seen on try. We are not going to have a middle elected and the electorate gave the the European continent since World class unless everybody has a fair shot Democratic Party control of both the War II. to participate and work hard and be House and Senate. We have had a sci- A few weeks ago the President an- successful, and we need to get about entific experiment in the size and role nounced that Western sanctions the business of making sure that hap- of government and the results are in, against Russia were working as in- pens. and they are pretty pathetic. Unem- tended. Yet, in late August a large I yield the floor. ployment is still unacceptably high. number of Russian troops began The PRESIDING OFFICER. The Re- The labor participation rate, which is launching major incursions into East- publican whip. the percentage of people actually par- ern and Southern Ukraine in the hopes Mr. CORNYN. Madam President, I ticipating in the workforce, is at a 30- of seizing even more territory. They al- can’t tell you how disappointed I am year low. People have given up looking ready have Crimea; that is yesterday’s that the majority leader has continued for work, which is a great human trag- news. Now they are making further to persist in blocking votes on more edy. gains in Eastern and Southern than 300 different pieces of bipartisan Then there is the President’s ap- Ukraine. One Ukrainian official called legislation that have passed the House proval rating. He is doing better than it a full-scale invasion. It doesn’t sound of Representatives and that he refuses Congress, I will give him that, but it is to me as though the sanctions that to bring up in the Senate. Rather than down around 40 percent. Here is the were issued by the United States are work together on a bipartisan basis to troubling thing—and this is not a par- working as intended as the President try to get the economy moving and get tisan comment. As an American, I has said. Americans back to work, we have these worry when the Commander in Chief Our existing sanctions are inad- focus group, poll-tested show votes. has the sort of poll numbers we are equate. They are not working as in- The distinguished Senator from Michi- talking about. There was a poll re- tended. Vladimir Putin is not deterred gan just admitted that equal pay for ported by the Washington Post and by economic sanctions. In fact, accord- equal work is already the law of the ABC News on September 9. The poll ing to one Italian newspaper, Putin re- land and then said we need to vote on showed that Americans say, by 52 per- cently told the President of the Euro- it again. Well, it should be renamed cent to 42 percent, that President pean Commission that if Russia wanted ‘‘The Trial Lawyer Relief Act’’ because Obama has been more of a failure than to, it could take Kiev in 2 weeks. I am that is what it is. It is going to benefit a success as President of the United sure Mr. Putin is OK if it takes a little the trial lawyers by encouraging litiga- States. That is terrible. But it dem- bit longer, just as long as he gets the tion and will do nothing to make sure onstrates his refusal to engage with territory he needs to try to restore the there is equal pay for equal work. We Congress on a bipartisan basis to do Russian empire to his former visions of all agree that is and should be the law the country’s work. It also reflects the glory. of the land, but encouraging legislation mistakes he has made when it comes to White House officials famously de- such as lawsuits against small busi- leadership around the world. scribe the President’s foreign policy as nesses would do nothing to create jobs President Obama wanted his second ‘‘don’t do stupid stuff.’’ That is one for and grow the economy. term to be about nation building here the history textbooks. That is the sort There is a reason why the congres- at home rather than conflicts and cri- of policy our students need to study in sional approval rating is at 14 percent. ses abroad. But, as we all know by now, high school: Don’t do stupid stuff. The distinguished senior Senator from the world is not cooperating. Even Come on. Arizona, Mr. MCCAIN—in a display of worse, the President is not leading. In- Time and time again in country after what I guess could be called gallows stead, he has embraced a dangerously country on issue after issue, this ad- humor—said we are down to paid staff reactive foreign policy marked by ministration has, by its inaction and and blood relatives. Those are the only empty rhetoric and wishful thinking, its ambivalence, undermined America’s ones who still approve of what Con- and the results are now plain to see. partners, adversaries are emboldened, gress is doing, and it is easy to under- When we look at the Middle East, we and it has weakened American credi- stand why. see a massive terrorist enclave span- bility.

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.043 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5403 Let’s start with the Middle East. In small footprint force there to help the Russian aggression. What are we giving Libya, President Obama launched a Iraqis transition to self government them? Our good wishes? Sending them war against Moammar Qadhafi in and democracy—it breaks my heart. I some food and medical supplies? That Libya and then he did virtually noth- don’t know how we explain that to is fine as far as it goes. But without the ing to help stabilize the country after someone who lost a loved one in actual weapons and the training they Qadhafi’s fall. That neglect ultimately Ramadi or Fallujah or anywhere else in need in order to defeat Russian aggres- led to the tragic death of four Ameri- the Iraq war. sion and to raise the cost for Vladimir cans in Benghazi in September 2012. It According to the Wall Street Jour- Putin, he is not going to stop. Yet the also led to the emergence of terrorist nal, at least 8 million Syrians and President’s threats haven’t been rein- havens. What do they look for other Iraqis live under full or partial Islamic forced with the kind of action nec- than a power vacuum that they can fill State control. Eight million Syrians essary to change Moscow’s calcula- where they can seek sanctuary and and Iraqis are living under the rule of tions, and his promises to the govern- launch attacks in the region or against medieval barbarians who not only de- ment of Kiev now look rather empty. other adversaries? This has led to capitated two American captives but The tragedy is it seems as though Libya’s collapse as a functioning state. have accumulated a frightening there is one world crisis after another, It is a failed state. amount of territory and wealth. They and we have long since forgotten about It has also enabled jihadist groups in control a lot of the natural resources, Libya, Syria, and the red lines and the Mali and Africa until they were driven the oil wells, in Iraq now because we chemical weapons there. They seem out by the French. have allowed them to capture it, and like a vague and distant memory be- Then there is Syria. Remember when now that is the source of revenue for cause now we are focused on ISIS. But the President said Bashir Assad needs them to continue their terror. They they are all part of the same problem. to step down? He then did virtually have accumulated a frightening There is a very real danger in nothing to help see that happen. He did amount of territory and wealth by rob- Ukraine that last week’s cease-fire will nothing to arm the moderate rebel bing, raping, extorting, and murdering only solidify Russia’s recent territorial forces opposing Assad in the Syrian innocent civilians. gains and legitimize its ongoing inva- civil war. The irony is that U.S. offi- By allowing the Islamic State to sion and further embolden Vladimir cials had a plan to support those take over such a large part of Iraq and Putin to seize even more Ukrainian rebels, and they recommended it to the Syrian territory, President Obama has territory or the territory of another President in the summer of 2012 a plan neglected one of the key recommenda- Eastern European country when the proposed by then-Secretary of Defense tions of the 9/11 Commission. We re- time seems right. Amidst all of this up- Leon Panetta, then-Secretary of State member the 9/11 Commission. It was a heaval, all of this violence, all of these Hillary Clinton, then-CIA Director bipartisan commission set up after the challenges, all of these threats to U.S. David Petraeus, and Joint Chiefs of tragedy of 9/11 to ask: How do we keep interests and allies, the President Staff Chairman Mark Dempsey. They this from ever happening again? seems disturbingly aloof. Here is what recommended a plan to deal with Assad One of the key recommendations of he said about the ongoing global tur- and to facilitate the regime change the 9/11 Commission is that the U.S. moil at a recent fundraising event on President Obama called for. What did Government identify and prioritize ac- August 29. This was reported in the the President do? He rejected it, even tual or potential terrorist sanctuaries; press. He said: though his stated policy in Syria since in other words, safe havens. Instead, The world has always been messy. In part, August 2011 has been regime change. the President has stood by and watched we are just noticing it now because of social It has become commonplace to say media and our capacity to see in intimate like a spectator while the Islamic detail the hardships that people are going that the United States has no good op- State, over the course of many months, through. tions in Syria. But President Obama’s carved out its own safe haven, right in But make no mistake about it. The chronic passivity has helped the the heart of the Middle East. Middle East has not always been con- jihadists. I know that is not his inten- I am grateful to the President that sumed by the type of violence and tion, but it has helped the result. It has he now has made a pledge to destroy chaos we are seeing today, and Euro- helped embolden the Iranians, and it ISIS. I believe this is not a threat that pean countries have not always been has made the Syrian war even more can be managed; I think it needs to be facing cross-border invasions such as dangerous for the United States and eliminated. So I congratulate the that posed by Russia today. the United States’ interests. President for having evolved to this The world needs strong American Then there is Iraq. President Obama point where he understands the nature leadership. Ronald Reagan was right. failed to secure a new status of forces of the threat to American interests and We have a safer, more peaceful world or bilateral security agreement that to the American people, and I hope he when America is strong and does not would have protected American forces is serious about doing that. But as one create the safe havens for terrorists or that served on a transitional basis in person recently noted, the Obama ad- by our timidity or our rhetoric that is Iraq after the conclusion of the Iraq ministration has persuaded just about not followed up on by actions that cre- war. We kept troops in Japan and Ger- every leadership cadre in the Middle ate the impression that people can get many after World War II, and indeed East that the United States can be away with it. It just encourages the the Americans were the only glue capa- safely ignored when its principals thugs, the dictators, and the terrorists. ble of holding the country of Iraq to- make threats or promises. Remember The President’s refusal to accept any gether and avoiding the sort of sec- the red line in Syria with chemical real responsibility for the con- tarian civil war we have seen ensue. weapons. Well, the red line was crossed, sequences of his foreign policy is trou- But his complete withdrawal of U.S. and there were virtually no con- bling enough, but what is even more forces in 2011 was a huge gift to Iraq’s sequences associated with it. What is troubling is he doesn’t seem to fully Shiite militias, their Iranian patrons, the lesson we learn? I guess I can get grasp the magnitude of the threats and and the Sunni terrorists of Al Qaeda away with it and I am going to keep on challenges that America is now dealing who would later form the so-called Is- coming—such as Vladimir Putin in Cri- with. If he thinks this is all about so- lamic State or ISIS or ISIL, as they mea and Ukraine. cial media and people being aware of are now called. I have to tell my col- Speaking of threats and promises, things that were happening before but leagues, as I reflect on the American President Obama has repeatedly they weren’t aware of before, I hope he casualties in Ramadi, in Fallujah—our threatened Russia with serious con- will think again. Indeed, his overall marines, our brave American soldiers, sequences over its invasion of Ukraine, record is looking more and more like a men and women, their loss of life or in- and he has repeatedly promised to help case study in the perils of weaknesses, juries incurred in liberating Iraq from the Ukrainian people uphold their sov- naivete, and indecision. I can only hope Saddam Hussein and to see all of that ereignty. Yet he continues to stub- that recent events will force him to forfeited by the President’s unwilling- bornly refuse to provide the very arms change course. ness to secure a bilateral security to the Ukrainian patriots needed in That could start by his coming to agreement and leave a transitional, order to deter and deflect and defeat Congress with a strategy to eliminate

VerDate Mar 15 2010 04:09 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.045 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5404 CONGRESSIONAL RECORD — SENATE September 9, 2014 ISIS, to eliminate this threat. I believe Members of Congress so that we as every right to do that. That is part of there would be bipartisan support for a Americans can come together and do democracy. But they also bear some re- strategy the President would present what is in our national interests. But sponsibility to suggest what we should that has a reasonable chance of suc- we can’t do it without leadership, and do as an alternative. Many of them cess. But just to have open-ended air we don’t do it without a strategy to ac- said we have to be more manly, we strikes and maybe just a strategy com- complish that goal. have to stand up, and we have to show prising hopes and dreams but not one I think in the process the President the world we are assertive. What does with the likelihood of working is not could inject some much needed clarity that mean? What are they saying? good enough. But if he came to us and and direction into a foreign policy that What the President is saying is that worked with Congress, I think it would has become hopelessly muddled and we have to be careful that we invest serve multiple purposes. aimless. American lives, American treasure, First, it would comply with the Con- I yield the floor. and the American military in this stitution and the laws of the United The PRESIDING OFFICER (Mr. world in places where we can make a States. That is important. MANCHIN). The Senator from Illinois. difference and take care not to do, as Second, by engaging in bipartisan FOREIGN POLICY they said inartfully, stupid stuff by support in Congress, he would build Mr. DURBIN. I am going to give a sending our military into places where support necessarily for this policy brief statement about corporate inver- they cannot achieve their goal and rea- among the American people. I don’t be- sion, but before I do I wish to respond sonably come home in a short period of lieve Americans should ever go to war to the Senator from Texas, who is my time. That is the President’s position. without the support of the American friend, and we have served together for I have not heard those on the other people. We see what happens when that many years. He has taken the floor for side be more specific when they say we support fades and crumbles, and it is a period of time and spoken about some have to be more assertive in America. not good. of the problems facing this Nation at The date was October 11, 2002, on the The third reason he ought to come to home and abroad and has been largely floor of the Senate—and I was here. It Congress is I read in some of the news been critical of the President in both was 12 years ago, and it was the night clips today he is going to come and ask categories. I didn’t arrive early enough we voted on giving President George W. us for $5 billion to fight ISIS. Well, the to hear his parade of horribles when it Bush the authority to invade Iraq. The President—who is famous for saying, I came to domestic policy; I just caught rollcall took place late at night, and I am going to go it alone; I have a pen the end of it when he suggested there stuck around afterward. There were about three or four of us left on the and a phone—can’t go it alone when it was something wrong with this Presi- floor. In the final rollcall there were 23 comes to appropriating money. He dent because America’s labor force, its Senators who voted no on the invasion needs Congress to appropriate that workforce, is shrinking. People are giv- of Iraq. I was one of them. There was 1 money. And Congress should not appro- ing up looking for work. Well, that is a Republican, and the rest were Demo- priate money without a strategy that serious concern, and we ought to ask a crats—1 Independent and 21 Democrats, has a reasonable likelihood of working question: Why are they giving up look- I should say. Twenty-three of us voted or without an explanation of how this ing for work? It turns out it has, per- no on invading Iraq. Twenty-three of strategy is going to protect America haps, something to do with the policy us questioned whether being assertive and Americans’ interests. of our government, but it also has at that moment in history was the So in his remarks on U.S. policy to- something to do with the life expect- ward the Islamic State in Iraq and right thing to do. Remember, we were ancy of Americans. told about weapons of mass destruction Syria tomorrow night when he makes I am a little older than the Presiding and threats to the United States. Some this nationwide address, I urge the Officer, and I just barely missed what of us were skeptical. The case had not President to go beyond the rhetoric we call baby boomers. Baby boomers and offer a clear explanation of our been made. But we went forward. are those born after World War II when I would like to make a note as well military objectives and our strategic the returning soldiers and their wives that even though there was a difference objectives. I urge him to explain how and spouses sat down and said: We are of opinion about the policy of Iraq and why the Islamic State poses a dan- going to build a family. And they did. under President George W. Bush after gerous threat to U.S. national security A lot of kids were born in America. It the decision was made to go forward, interests, which I believe it does and I was called a baby boom. many of us who voted no joined in with believe he thinks it does. So I hope he Guess what. Baby boomers are facing those who voted yes to say: Now that will explain it to the American people retirement age. The workforce is we have made the decision, we stand so they can understand it. I urge him shrinking because they are retiring. I together as a nation. We are going to to explain how U.S. allies and partners would like to blame Barack Obama for provide for President George W. Bush can help support America’s mission, that, but I think maybe that is a the resources for these men and women because we can’t and should not do it stretch. I don’t think you can blame in uniform so they can accomplish alone. Indeed, we do need that coali- him for the baby boom. He wasn’t even their mission and come home safely. tion, particularly of people in the re- around after World War II, and he cer- In other words, partisanship ended at gion who have the most direct interest tainly can’t be blamed because people the water’s edge after we had made our and stake in the outcome. We need decide to retire. Longevity kind of sug- decision. I still think that is the right them to come to the table and help too. gests when that might happen. course in foreign policy. Even though I Finally, I urge him to explain what But still in all, it is another one of voted against that war, I voted for the his strategy is and how U.S. operations the things that is ticked off: The resources for the troop to execute it. in Iraq and Syria fit within the broader shrinking labor pool is an indication of I thought: What if it were your son, role on radical Islamic terrorism. If the the failure of the Obama labor policy. Senator? What if it were someone you President gave such a speech—and I No. It is an indication of the shrinking loved? Do you want them to have ev- hope he does—I hope it is followed with baby boomers, who are aging out and erything they need to get them home true negotiations and deliberations and retiring—and God bless them; they are safely? consultation with Congress. I know Mi- entitled to it. Folks ought to think Of course. nority Leader PELOSI and Majority twice about that particular criticism. I wish that longstanding tradition in Leader REID and the Republican leader I would like to address the foreign Congress would return. Wouldn’t it be of the Senate, Senator MCCONNELL, and policy side, and I do wish to put in per- healthy and inspiring if after a heated Speaker BOEHNER and Majority Leader spective what the Senator from Texas debate over a foreign policy issue we KEVIN MCCARTHY are visiting with the had to say, which was a long list— said: Now we stand together. The deci- President perhaps as I speak. Maybe going all across the world—of problems sion has been made. We are going to that is just the beginning of the kind of this President has either failed to fix stand as a nation. consultation that should take place. or has created. But instead what I hear from the But I hope it is followed on by true col- I listened carefully, and I always do, other side when it comes to foreign pol- laboration and consultation with all because critics of the President have icy issues: We are going to be critical

VerDate Mar 15 2010 02:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.057 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5405 of whatever he does, whenever he does of terrorism in the Middle East, this tomers. They benefit from access to it, wherever he does it. new round of terrorism in the Middle America’s educated workforce . . . I don’t think that is constructive. I East, this group called Islamic State. American investments in basic re- don’t think it speaks well of the United Why are we picking this group out of search . . . and American patent pro- States. The debate is important. The all the other terrorist groups—and tections. And some have even made debate is part of us, part of who we are there are many of them. They are millions, if not billions, of dollars from as a democracy. But after the debate, quantitatively, qualitatively different. taxpayer-funded government contracts let’s get on with working together. They are the first terrorist group we and programs like Medicare. Do you remember that it wasn’t that know that has taken and held terri- But when it comes time to pay their long ago when they discovered chem- tory. Usually terrorist groups set off a fair share of U.S. taxes—the very taxes ical weapons in Syria? The President bomb in the marketplace and they are that pay America’s roads and bridges said: This isn’t just a threat to Syria; gone. No, they take and hold territory. . . . our colleges and universities . . . this is a threat to the Middle East and They capture banks—go inside and basic research . . . patent protections beyond. I am going to make a stand to take all the resources out—so they . . . Medicare . . . and other competi- dismantle those chemical weapons in have a treasury. Some people think tive advantages—these companies do Syria, and I ask Congress for the au- they earn as much as $1 million a week everything they can to dodge U.S. thority not to send in troops but, if off the oil wells they are controlling in taxes. And they have gotten very good necessary, a missile, a bomber, a fight- Iraq. They use American equipment at shirking their fair share. er plane to support our efforts to eradi- that has been left behind or stolen, and Let me tell you how this corporate cate this chemical weapons stockpile. they engage in the worst level of sav- ‘‘Three Card Monte’’ works. First, a Do you remember what happened? I agery we have seen in modern times. company in the U.S. purchases a com- do. What happened was we had a debate The beheading of those two innocent pany in Switzerland, Ireland or another in the Senate Foreign Relations Com- Americans was heartbreaking—heart- country with a lower corporate tax mittee and a vote—a bipartisan vote— breaking in one respect as I thought rate. The U.S. company then files pa- which supported the President. Then about their poor families and what pers saying it is relocating overseas. we couldn’t bring it to the floor be- they face, but it also enraged me to In many cases, almost nothing cause there was not adequate support think that this group, the Islamic changes. The CEO and other senior ex- from the other side of the aisle to State, would do that to two innocent ecutives stay in the U.S., no new head- stand by the President when it came to Americans, defying us and saying to quarters are opened overseas, and up to dismantling chemical weapons in us: This is just the beginning. It is a se- 80 percent of the shareholders are the Syria. He went forward, working then rious threat, and it is a threat to the same, but suddenly the company gets a with Russian leader Vladimir Putin, huge tax break. stability in Iraq. But this is only the beginning of the and basically all of those weapons have Here we are 12 years after we invaded story. Next, the new parent company— been dismantled. When the President Iraq, after we have lost 4,476 American headquartered overseas—shifts the asked for the authority to dismantle lives in Iraq, after 30,000 of our troops debts off its own books and onto the those weapons, he couldn’t get the sup- have come home seriously injured, books of its U.S. subsidiary. Abra- port of the other party. That was the after we put $1 trillion more on our na- cadabra: Another huge tax break, be- reality. tional debt to pay for the Iraqi strug- Now we face a new challenge, and cause the company can write off its gle, and the country is virtually in there are those who say that if we had debt and interests on that debt. This is chaos. called ‘‘earnings stripping.’’ just been bold and assertive—and I The President is saying to the Amer- Now, here is the third card in the wonder if what they are saying is if we ican people: I want to fight terrorism, Three Card Monte: the hopscotch loop- had just shown the strength we showed I want to do it effectively, and I want with the invasion of Iraq, this might hole. U.S. corporations currently have to do it smartly. I want to do it in a nearly $2 trillion in foreign earnings not have occurred. way where we are not sending in troops Make no mistake. I am honored to stashed overseas. As long as they keep who are there for long periods of time chair the Defense Appropriations Sub- that money parked overseas, they can to just be targets for terrorists. Let’s committee. It is the biggest. Our budg- defer paying taxes on it. use our resources and our forces in a et is just under $600 billion a year. It is But when a company ‘‘inverts,’’ the thoughtful way. almost half of domestic discretionary inverted company—the corporate de- I am awaiting a speech tomorrow serter—can access the millions—some- spending. I have come to learn that our night because I want to hear, as he lays military is really the best in the world, times billions—of dollars they I have this out, what he hopes to accomplish, parked overseas without paying US starting with the men and women who how long we are going to be there, serve but way beyond that—our tech- taxes on the money. So the ‘‘hopscotch where we are going to be, and by what loophole’’ gives these corporations an- nology, our intelligence. We have the authority he is moving forward and very best, but we have learned the hard other massive tax break. The inverted using these military resources. Those company can use the money it had way that even the best military in the are all legitimate questions, and it is world can run into obstacles they did parked overseas to pay back the loans right for the loyal opposition to raise it used to finance the inversion . . . or not anticipate. questions about where he is going, why The first time I went to Walter Reed, to pay dividends to U.S. investors—and he is going, and what he wants to do. I visited with a disabled Iraqi veteran. pay little to no taxes. But for the time being, I think the He was a sergeant from Ohio who had Let me give you an example. Let’s American people want the President to his right leg blown off below the knee. say a U.S. company wants a big tax I said: What happened? present his case and then make their break by inverting and purchasing an He said: It was an IED. judgment as to what is fair to bring overseas company. I said: What is that? stability to this critical part of the It doesn’t have enough cash in the He said: Well, it is an explosive de- world. U.S. to buy the overseas company and vice, roadside bomb. And we were in CORPORATE INVERSION it doesn’t want to use the money it has the best military equipment in the Mr. DURBIN. Mr. President, when a stashed overseas—because once the world, and this crude roadside bomb company moves its corporate head- money comes home, it is subject to went off and blew off my leg. quarters overseas, but only on paper so U.S. taxes. So what does the corpora- I thought to myself: I wonder, if the it can avoid paying its fair share of tion do? greatest military in the world with the U.S. taxes, these companies , are called First, it gets a short-term loan from greatest technology in the world can be corporate inverters. But let’s call them a bank to fund the inversion. Once that brought to a stop by a crude roadside what they really are: corporate desert- transaction is complete, the company bomb, if we are properly evaluating ers. can use the money it has stashed over- war today, fighting terrorism today. These companies profit using roads seas to pay off the short-term loan What the President is trying to do is and bridges built with American tax while dodging U.S. taxes on those over- to find effective ways to stop this onset dollars to deliver goods to U.S. cus- seas profits.

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.059 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5406 CONGRESSIONAL RECORD — SENATE September 9, 2014 The result of this corporate Three Senator LEVIN’s bill would stop the and for the most part this ban has Card Monte? Corporate deserters are bleeding by placing a 2-year morato- worked. able to avoid billions in U.S. taxes— rium on many inversions. Only inver- But these companies found a loop- and other folks—families and compa- sions where no more than 50 percent of hole. That is why they pay their tax at- nies that are working hard to make it the shareholders remain the same after torneys and advisors the big bucks—to in America—have to pay more taxes. the inversion would be allowed to go find the little loopholes worth billions To add insult to injury, some of these forward. of dollars. We need to close this loop- corporate deserters have made their We should also limit the damage hole so that corporate deserters aren’t millions and billions off of federal con- caused by inversions by limiting the able to profit from taxpayer-funded tracts paid for by U.S. taxpayers—the practice of ‘‘earnings stripping’’— government contracts. very taxpayers who will have to pay for that’s the tax-lawyer’s trick where you About 50 companies have inverted in their tax dodging. load all the debt onto the U.S. sub- the last decade. Another dozen compa- I’m not the only person who thinks sidiary and then write off the debt and nies—including three headquartered in this is wrong. Mark Cuban is a billion- the interest payments as a tax deduc- my State of Illinois—have announced aire investor. Listen to this warning he tion. that they are planning or considering tweeted to corporate deserters—quote: That is the purpose of a bill I am in- inversion. If these companies want to ‘‘If I own stock in your company and troducing tomorrow (Wednesday) with renounce their corporate citizenship, you move offshore for tax reasons I’m Senator SCHUMER. Our proposal would that is their choice. I think It is a bad selling your stock.’’ prevent certain corporations from tak- choice, but it is their choice. Why did he say that? Because when ing excessive interest deductions and But they should not expect American companies move off shore to save on sticking U.S. taxpayers with the tab. workers and other American companies taxes, American workers and compa- Our bill would reduce the cap on in- to pick up the tab for them while they nies that stay in America, that believe terest deductions from 50 percent of ad- take advantage of all that America of- in America, have to make up the short- justed taxable income to 25 percent. It fers. That is not a free market. That is fall. would eliminate the ability of a com- freeloading. This isn’t a partisan issue. Every in- That’s not right, it’s not fair, and we pany to carry forward any excluded inversion increases the burden on you should take action to stop these cor- terest. and me to make up for the lost tax rev- porations from dodging taxes and tak- It would also require the IRS to pre- enue. ing advantage of earning stripping and approve related-party transactions for I look forward to working with my hopscotch loopholes. up to 10 years after these companies colleagues on both sides of the aisle REDUCING CORPORATE TAX RATES NOT A move their headquarters overseas to and the President to address this im- SOLUTION ensure greater transparency. portant issue. Many of our Republicans colleagues This bill is a targeted approach to a It was about 2 weeks ago that I was point to our broken tax code and say if serious problem. in central Illinois and I was heading to we just reduce the corporate tax rate, I urge my colleagues to support the a forum for Senate candidates. It was it will stop companies from inverting. bill. put on by the farmers in downstate Illi- They are wrong, plain and simple. There’s more we need to do. I plan to nois. I have a lot of friends there. We Absolutely, our tax code is broken and work with my colleagues to develop a went off to a farm, and before we ar- Congress should reform it. We should more comprehensive proposal to ad- rived I had an extra 45 minutes. I close loopholes that allow some to dress both earnings stripping by for- hadn’t had lunch. So we were driving avoid paying their fair share of taxes. eign corporations and the hopscotch around Bloomington-Normal, IL, in We should fix the tax system so it rule. McLean County. works for hard-working Americans and Foreign corporations should not be I said: Let’s stop and get a sandwich for companies that want to help Amer- allowed to load up the U.S. subsidiaries somewhere. ica succeed. with debt and expect U.S. taxpayers to My driver said: Well, there is a Burg- But let’s not try to fool people into pay their debts. Inverted corporations er King. thinking that if we just lower our cor- should not be rewarded with additional I said: No, thanks. There is a Steak porate tax rate the deficit will dis- tax breaks by dodging taxes on their ’n Shake—which happens to be a fran- appear and all of our economic chal- profits earned overseas. chise we are very proud of in the Mid- lenges will be solved. There is no real- These two proposals, along with Sen- west and in Illinois. istic tax reform proposal that would re- ator LEVIN’s Stop Corporate Inversion I consciously decided not to stop at duce U.S. tax rates to compete with Act, must be part of any comprehen- Burger King. Why? Because in the past Ireland, which has a tax rate of 12.5 sive tax reform proposal. several weeks Burger King has con- percent, or Switzerland, with its 17 per- Before I close, let me mention one sciously decided they are leaving the cent corporate tax rate. other issue. United States. This iconic hamburger This is a race to the bottom the Some of the very companies that chain—second largest in the world—has United States can’t win and should not move their headquarters overseas in bought a doughnut chain in Canada, be lured into entering. order to avoid paying their fair share and now they want to move their head- Instead, we should immediately act of U.S. taxes then have the nerve to quarters to Canada from Miami, FL. to stop companies from inverting and come back to the U.S. with their hand Why would they move their corporate then we should get to work on reform- out asking to profit from U.S. govern- headquarters out of the United States ing our tax code. Before a doctor can ment contracts. of America, where they have most of perform heart surgery, she or he first Yes, that is right. Over the past 5 their restaurants? To cut their taxes. has to stop the bleeding and that is years, these corporate deserters have It is called inversion. what we need to do. received $1 billion in federal contracts If you can pick up and on paper move There are at least a dozen companies paid for by U.S. taxpayers, while avoid- your corporation to Switzerland, Ire- that have announced they are inverting U.S. taxes. This has to stop. land, the island of Jersey, Canada—you ing or are considering inversion. We That is why I introduced a bill with name it—there are ways that account- should act now—either through Con- Senators LEVIN and JACK REED to ban ants and lawyers have figured out how gressional or executive action—to close federal contracts for these corporate to reduce your tax burden. But, of the tax loopholes that allow invert- deserters. There is a companion bill in course, as companies decide to do that, ers—these corporate deserters—to the House that is sponsored by Rep- they are also making conscious deci- avoid their fair share of taxes and push resentatives DELAURO, DOGGETT and sions to stop paying U.S. taxes or avoid their tax obligations off onto the rest SANDER LEVIN. paying U.S. taxes—at least some part of us. Once we stop the bleeding, we This isn’t a new idea. In 2008, Con- of them. can turn our attention to real tax re- gress prohibited inverted corporations We have seen a lot of companies an- form where and a long-term, com- from obtaining any Federal contract nounce this. AbbVie, which is a phar- prehensive solution. under the annual appropriations bills, maceutical company in the northern

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.021 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5407 suburbs of Chicago, used to be Abbott business, counting on our government tax credit. Here is what it says. It is Laboratories. AbbVie has decided they to step in and supplement the income pretty simple. If your headquarters for want to move overseas. of the person frying the hamburgers your corporation are in the United I took a look at it and thought for a and serving it, and saying: Inciden- States; if you have kept your jobs here moment: Interesting. A pharma- tally, we are leaving; we don’t have in the United States; if at least 90 per- ceutical company wants to move over- any obligation to this country to pay cent of your employees are paid at seas. taxes; we are going to Canada—on least $15 an hour; if you have good How important was the United paper. health insurance, according to the States to the success of a pharma- There is something wrong with this standards of the Affordable Care Act; if ceutical company such as AbbVie, to picture. To me, if you are going to you will contribute at least 5 percent the fact they developed drugs and prod- desert this country as a corporation, of your employees’ earnings toward ucts that were profitable? How impor- consumers first ought to be aware of it. their retirement; and if you will give a tant was this country to that com- That is why I drove past Burger King. veterans preference, we will give you a pany? I would say critically important. I do not care to do business with a tax credit. Companies don’t usually come up with company that does not think it owes We want to reward—we should re- all the ideas for new drugs. They rely its fair share of taxes. Because if they ward—and incentivize companies that on the National Institutes of Health, do not pay their fair share of taxes, build their future in America, compa- the premier biomedical research agen- other good American companies will be nies that believe in America, compa- cy in the world. The annual budget is forced to pay more and other individ- nies that pay a decent wage in benefits in the range of $31 billion, and they do uals will too. to the people who work for them. research which they then turn over So it is right for us to speak up now That is what should be in the Tax free of charge to pharmaceutical com- about this process of inversion and Code. Let’s start incentivizing job panies to develop drugs to make bringing it to an end. It is not just a building and job expansion here in the money. The National Institutes of matter of escaping taxes. There are ac- United States. Let’s stop these deduc- Health is supported by American tax- counting techniques. There are count- tions for moving jobs overseas. And payers. less techniques which these inverted let’s put an end to this corporate inver- If a pharmaceutical company devel- corporations can use to even reduce sion. ops a new drug they think has the po- their corporate taxation more. These folks have to realize we are not tential to be a blockbuster and sell a Some people say the U.S. corporate going to stand still for them gaming lot, there is another step. They have to income tax is too high. The nominal the Tax Code to avoid their responsi- go to the U.S. Food and Drug Adminis- rate is 35 percent. The effective rate is bility to the country which, by and tration, and the FDA tests it. closer to 25 percent, and the major cor- large, created the success of most of If at the end of testing they come up porations pay in the range of 10 to 15 their corporations. with the conclusion that it is not only percent. When you look at the coun- I yield the floor. safe but effective for what it is being tries they are going to—Ireland, I be- The PRESIDING OFFICER. The Sen- used for, they give it a seal of approval. lieve their corporate income tax rate is ator from Utah. Mr. LEE. Mr. President: It is the gold standard of safety of 12.5 percent; the Cayman Islands, zero. pharmaceuticals. The Food and Drug So we cannot play it to the lowest de- Attention all citizens. To assure the fairness of elections by preventing dispropor- Administration is supported by the nominator, play to the bottom line, the tionate expression of the views of any single U.S. Government and American tax- bottom corporate income tax. It is a powerful group, your Government has de- payers. Then it is not over. There is at lose-lose situation. cided that the following associations of per- least one last stop. You go to the pat- What we have to do is to make sure sons shall be prohibited from speaking or ent office to make sure you protect that the inversion comes with a price. writing in support of any candidate. . . . your intellectual property, this phar- I am joined with Senator SCHUMER. We This is a statement that I have taken maceutical formula. The U.S. patent will put in a bill later this week to talk directly from a dissenting opinion office is supported by the government about this whole question of inversion issued by Associate Justice Antonin and U.S. taxpayers. as it relates to the Tax Code. It is a Scalia in a case called Austin v. Michi- So here is a pharmaceutical company technical bill Senator SCHUMER has gan Chamber of Commerce—a 1989 rul- using research, using testing, and using largely written as a member of the ing of the Supreme Court of the United protections of patents from our govern- Senate Finance Committee and asked States. ment that says: Incidentally, we are me to join him on because of my inter- The concern expressed in that dis- leaving. We don’t want to pay taxes to est on the subject. It limits the prac- senting opinion, the opening line of this government. We want to reduce tice of ‘‘earnings stripping’’—a tax law- which I have just read, comes to mind our tax burden to this government. yer’s trick where you load all the debt when we review the legislation in front There is something wrong with this on to the U.S. subsidiary and then of this body right now, S.J. Res. 19—an picture. Mr. President, 49 or 50 corpora- write off the debt and the interest pay- attempt, a wholesale effort to repeal tions have done it, and more are ments as a tax deduction. The bill the First Amendment of the United threatening. Take Burger King. The which I will introduce with Senator States, to undo its most fundamental sale of hamburgers does not involve a SCHUMER is designed to prevent cor- protections, protections that protect great deal of research, but the product porations from taking excessive inter- the right of every American to speak that you are cooking at your store has est deductions and sticking U.S. tax- out on issues of public concern, to try been inspected for safety by the U.S. payers with the tab. There are other to influence the outcome of elections, Federal Government. And the place parts of that bill. to try to dictate the course of our en- where your store is located probably is I believe the Tax Code should be writ- tire country. on a highway or street supported by ten in a positive fashion. It is not posi- Now, fortunately, this precedent that our government. tive in our Tax Code to set the stage Justice Scalia was expressing concerns But then there is one other element. for corporations to move their jobs and with was overruled. It was overruled in The people who work in fast food in headquarters overseas. In fact, we a case called Citizens United, which America are not usually paid a lot of allow under our Tax Code for these cor- has itself become the target of S.J. money. Their income is supplemented porations to deduct their moving ex- Res. 19. In other words, because the by government programs such as food penses if they are going overseas. What Constitution has now been properly in- stamps. It turns out to the tune of are we thinking? Why would we create terpreted to protect the right of the about $7 billion a year. That is what an incentive, a deduction, for taking American people to join together and taxpayers in America pay to subsidize jobs out of America? I think there is a form voluntarily associations and to the income of workers in fast food res- better approach. When the time comes use those associations to try to influ- taurants. So here is Burger King that for tax reform—and I hope it is soon— ence the outcome of elections, my col- is using the largess, protection, rule of I am going to propose that we have leagues across the aisle have decided— law in the United States to do their something called the patriot employer rather than to follow the Constitution

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.061 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5408 CONGRESSIONAL RECORD — SENATE September 9, 2014 to change it, rather than to follow its noted: ‘‘It is a matter which we will posing is to expand Congress’s power to dictates to get rid of those portions likely debate the rest of this week’’— limit that right to participate in an that would interfere with the power of the week in which he was speaking in open, public debate, to undertake ef- government—this is something we can- 2006—meaning this is an urgent matter, forts to influence the outcome of elec- not tolerate, this is something we can- it is a matter of great concern to the tions and thus dictate the course of an not ignore, this is something that we American people when we are talking entire Nation. must do something about, and we have about changing the First Amendment Justice Scalia concluded with the to do it today. or any component of the Bill of Rights. thought that, as he put it: As Justice Scalia explained in his He continued: The premise of our system is that there is dissent in the Austin case, this prin- The reason we are going to spend this no such thing as too much speech—that the ciple, this type of approach whereby we much time on it is because this one-page people are not foolish, but intelligent, and allow the government to limit the ex- document represents a historic change in will separate the wheat from the chaff. pressive capabilities of the American America. If this amendment were to be rati- He refutes the notion: people, to limit the ability of the fied, it would mark the first time in our na- . . . that a healthy democratic system can American people to form voluntarily tion’s history that we would amend the Bill survive the legislative power to prescribe associations and speak out on matters of Rights [to the United States Constitu- how much political speech is too much, who tion]. of public concern, is utterly contrary may speak, and who may not. not only to our case law but to the text On the same day he also said: When we try to weaken this under- of the First Amendment, and it is in- It takes a great deal of audacity for any- standing, we are playing with fire. consistent with the absolutely central one to step up and suggest to change the Whenever Congress attempts to expand proof underlying the First Amendment. Constitution. . . . I think we should show a its power—for that matter, whenever little humility around here when it comes to any government attempts to expand its The idea here is that government can- changing the Constitution. So many of my not be trusted to assure through cen- colleagues are anxious to take a roller to a power—it does so inevitably at the ex- sorship—and make no mistake, that is Rembrandt. pense of individual liberty. Here, where it tries to expand its in- what this is about, censorship—the I could not agree more, especially fluence over political debate, where it ‘‘fairness of political debate.’’ when we are talking about not just purports to have the ability to expand So we are here ostensibly to debate freedom of speech but core political its power over core political speech, it the relative merits of S.J. Res. 19, speech, which is the subject of S.J. Res. does so—inevitably, inescapably, un- which would up end well over two cen- 19. Make no mistake, the fundamental avoidably—at the expense of the free turies of understanding that there are purpose, the most important objective certain things the government cannot expressive rights of a free people. underlying the free speech clause and This is one of the main core prin- do, that there are certain things that the free press clause was to protect the the government can never be trusted ciples upon which our country was right of the people to engage in polit- founded. We became a nation against a to, that the government cannot censor ical speech. And make no mistake, the our speech, particularly our political backdrop in which we found ourselves purpose of this is to enhance Congress’s subject to a large, distant, powerful na- speech. We are here to debate that, and power to restrict political speech. In yet among those who have introduced tional government, one headed by a fact, its entire purpose focuses on ef- king and a parliament. Our former this legislation, among those who have forts to spend money to influence elec- sponsored this legislation, we have London-based national government tions—the core of political speech. recognized no boundaries around its heard, if I am not mistaken, from only Let’s go back for a minute to the dis- three today. We have heard only three authority. It had for centuries inter- senting opinion issued by Justice fered with the right of the people to ex- speeches today. Scalia in the Austin case I referenced a This is a profound and disturbing press their grievances. It had for cen- few minutes ago. He explained in that message to the American people. We turies supported criminal actions dissenting opinion that there are some are trying to upend the cornerstone of against persons who engaged in what things that we understandably do not American republican democracy, and they described under their laws as sedi- want government to do. There are a lot yet we have had two speeches in sup- tious libel. In other words, if you criti- of things we do in the Constitution port of it. This is something that ought cized the government—if you criticized that are all about outlining what the to alarm us terribly. a government official—you could be, powers of government are. We explain I was pleased to hear moments ago and presumably would be, criminally what power Congress has, what power from my distinguished colleague, the prosecuted for doing so. The truth was the President has. We explain further senior Senator from Illinois. I respect not a defense. In fact, truth made it that powers not delegated to Congress the senior Senator from Illinois. He even worse from the viewpoint of the are reserved to the States or the peo- and I have worked together on a lot of government, because it was more dif- ple. pieces of legislation. We have worked ficult to refute. So people were rou- Then we also identify in the Bill of together most recently on the Smarter tinely prosecuted for criticizing the Rights that there are certain areas Sentencing Act, which I think is an im- government. that are just out of bounds for govern- portant bipartisan attempt to reform We cannot—we must not—take even ment, areas where we do not want gov- our Federal criminal sentencing code, one step in the direction of expanding ernment to tread. This is one of those which is in serious need of being re- government’s authority when it comes areas. As Justice Scalia explained: formed. to speech that is at the core of our po- I also respect the senior Senator The premise of our Bill of Rights . . . is litical system. from Illinois for some statements he that there are some things—even some seem- Look, our political system isn’t per- ingly desirable things—that government can- fect. Our political system isn’t some- made a few years ago when another not be trusted to do. The very first of these amendment had been proposed. I at is establishing the restrictions upon speech thing that everybody necessarily is in- least respect the approach that he took that will assure ‘‘fair’’ political debate. The clined to enjoy. But our political sys- in urging caution before undertaking incumbent politician who says he welcomes tem does keep us free, and it keeps us any effort to undo, to weaken, to un- full and fair debate is no more to be believed free only to the extent that individuals dermine the Bill of Rights. Here is a than the entrenched monopolist who says he are allowed to speak their mind with- statement that he made on June 26, welcomes full and fair competition. out fear of retribution from the govern- 2006: ‘‘The Bill of Rights has served this This is what we face here. This is the ment, only to the extent that individ- Nation since 1791, and with one swift risk we face here. We are assured by uals, rich and poor alike, are able to blow of this ax, we are going to chop the proponents of this legislation—that say what they want and join together into the first amendment.’’ He was con- is, both of them, both of those who and form voluntary associations for cerned about that. have shown up so far to speak in sup- the purpose of influencing the outcome He was concerned also when on the port of this—that this will still allow of elections so they can have some same day he made a similar comment, debate to occur. Yet how are we to be- chance at standing up to a big govern- instructive here, I think, when he lieve this when what they are pro- ment that affects so many of their

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.063 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5409 rights, that affects so much of how police force for a region unwilling to a narrow effort to protect Americans they are going to provide for the needs police itself. The United States should from imminent threat to a campaign to of their families and their commu- not bear the sole burden of defeating a go on offense in order to degrade the nities. terrorist organization that poses a ability of ISIL to cause harm. This is When the people are intimidated by a more imminent threat to many other precisely the kind of situation that government that recognizes no bound- nations than the threat it does to calls for congressional action and ap- aries around its authority, everyone America. proval. suffers. This is an issue that is neither I look forward to the President’s ad- Some have asserted that the adminis- Republican nor Democratic, it is nei- dress, and I am confident that a well- tration need not seek congressional ap- ther liberal nor conservative. It is sim- thought-out plan against ISIL will proval for an extended campaign of air ply American. compel the support of the Nation and strikes. Humbly and respectfully, I It is time for the American people to of Congress. deeply disagree with that assertion. stop simply expecting Congress to con- We are a nation of laws but also of The President’s article II power allows tinue to expand its power at the ex- values. I rise today particularly to urge him to defend America from imminent pense of their individual liberty. It is the President to not just inform us of threat, but it does not allow him the time for the American people to stop what he plans to do but to follow the ability to wage an offensive war with- simply expecting their rights have to Constitution and to seek congressional out Congress. The 2001 Authorization bow to the interests of an all-powerful approval to defeat ISIL. I do so for two for Use of Military Force, crafted by incumbency in Washington, DC. It is reasons. President Bush and Congress in the time for the American people to expect First, I don’t believe the President days after the 9/11 attacks, limits the more. It is time for the American peo- has the authority to go on the offense President’s power to actions against ple to expect freedom. and wage an open-ended war on ISIL the perpetrators of those attacks. ISIL We expect freedom, and we will de- without congressional approval; and, was not a 9/11 perpetrator. It didn’t fend freedom when we defeat Senate second, in making the momentous de- form until 2003. Joint Resolution 19. cision to authorize military action, we President Bush sought a broader The PRESIDING OFFICER. The Sen- owe it to our troops who risk their AUMF at that time to allow action ator from Virginia. lives to do our collective jobs and against terrorist groups posing a f reach a consensus supporting the mili- threat to the United States. Had Con- tary mission they are ordered to com- ISIL gress granted such a power, the war plete. against ISIL would have been covered Mr. KAINE. Mr. President, 1 month Let me first deal with the legal issue. by that AUMF. But Congress explicitly ago the President initiated an air cam- The Constitution is clear. It is the job rejected giving the President power to paign against ISIL in Iraq. ISIL is a of Congress, not the President, to de- wage preemptive war against unnamed dangerous terrorist organization com- clare war. Some parts of the Constitu- terrorist organizations without addi- mitting atrocities against thousands of tion frankly are vague and open to in- tional congressional approval. Any at- people, including American hostages, terpretation: What is due process? tempt to justify action against ISIL by and a strong American response, to in- What is cruel and unusual punishment? reference to the 2001 AUMF would fly clude military action, is certainly war- Some parts of the Constitution are directly in the face of the clear con- ranted. clear and specific: You have to be 35 gressional action rejecting the preemp- In the first month of this air cam- years old to be President of the United tive war doctrine. paign, two explanations for the mission States. The power to declare war is a Congress passed a second AUMF in were given by the President. We began clear and specific power. It is an enu- with a mission for humanitarian pur- 2002 to allow military action to topple merated power of Congress in article I. the Iraqi regime of Saddam Hussein. pose and also the need to protect The clear wording of the Constitu- That task was completed long ago. American embassy personnel. Since tion is additionally illuminated by American troops left Iraq in 2011, and that time, the White House has stated writings of the principal drafter, the the administration has testified re- that the air strikes may go on for some Virginian James Madison. In a letter cently before the Senate that the Iraq open-ended period of time. Despite a to Thomas Jefferson after the Con- AUMF is now obsolete and should be pledge not to place American boots on stitution was ratified, Madison ex- repealed. It provides no support for the ground, more American military plained the war powers clause in arti- military action against ISIL. There is personnel have been deployed to Iraq as cle I: advisers and are on the ground there no treaty of collective defense ratified Our Constitution supposes what the his- by Congress that would justify the now. tory of all governments demonstrates—that In order to clarify what is at stake the Executive is the branch of power most President commencing military action and set out a path forward, many of my interested in war and most prone to it. It has against ISIL. The Iraqi Government colleagues and I have called for the accordingly with studied care vested the has asked for our help, which solves President to bring before Congress and question of war in the Legislature. international law sovereignty ques- the Nation a clear plan for defeating So a President must seek congres- tions, but that request does not create ISIL. I am gratified that the President sional approval for significant military its own domestic legal justification. will address the Nation on this topic action. As Commander in Chief, a Finally, the 1973 War Powers Resolu- tomorrow night. President can always take steps to de- tion creates a set of timing rules for I am supportive generally of the lim- fend America from imminent threats. Presidential action and congressional ited and prudent steps taken thus far, The Framers understood this. But even response in matters of war. The resolu- while Congress was in recess, to slow in those instances, they intended that tion has been widely viewed as uncon- ISIL’s momentum. I expect to hear a the President return to Congress to stitutional for a variety of reasons. But comprehensive strategy tomorrow. seek ratification of such actions. even accepting its validity—and the I support the strong U.S. diplomatic If we take the Constitution seriously, President, like most, almost certainly push that has forced Iraqi government as we pledge to do when we take our does not accept its 60-day limitation on formation, and I am pleased with Iraqi oaths of office, we must follow the his article II powers—it does not political developments to form a unity command that the President must change the basic constitutional frame- government. Now Iraqi leaders must come to Congress to initiate major work vesting the declaration of war in govern inclusively. military action. the legislative branch. I am especially heartened by reports During a congressional recess, Presi- I believe a reluctance to engage Con- that the administration has worked to dent Obama began a new military ac- gress on this mission against ISIL is find a number of nations willing to tion against ISIL. He has indicated less due to any legal analysis sup- partner with America to deal with the that the military action may continue porting broad executive power than to ISIL threat, including nations in the for an extended period of time. He has a general attitude, held by all Presi- region. The United States cannot be a stated that the action is evolving from dents, that coming to Congress on a

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.065 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5410 CONGRESSIONAL RECORD — SENATE September 9, 2014 question such as this is too cum- course we pray for their complete safe- In thinking about whether to come bersome and unpredictable. That atti- ty and success, but let’s be realistic to the Congress, I think it is useful for tude is shared on the Hill by some who enough to acknowledge that some may the President to think back to the first view questions of military action, espe- die or be injured or be captured or see President Bush and the decision he had cially in a difficult circumstance such these things happen to their comrades to make. I was in his cabinet. I came as this, as politically explosive and in arms. Even those who come home just about that time and the idea of a best avoided, if at all possible physically safe may see or do things in ground war in the Middle East was a I urge the President and my col- war that will affect them for the rest of shocking thought. We had not had leagues to resist the understandable their lives. The long lines of people something like that in this country for temptation to cut corners on this proc- waiting for VA appointments today or a while, and the President was reluc- ess. There is no more important busi- hoping to have their VA disability ben- tant at first to come to the Congress to ness done in the Halls of Congress than efit claims adjudicated are proof of seek approval for that, but he did it. weighing whether to take military ac- this. And he said after he had done it that in tion and send servicemembers into In short, during a time of war we ask retrospect he was glad he did. What did harm’s way. If we have learned nothing our troops to give their best, even to he gain? else in the last 13 years, we should have the point of sacrificing their own lives. Even though it was a contentious de- certainly learned that. Coming to Con- When compared against that, how bate and the margin of the vote wasn’t gress is challenging, but the Framers much of a sacrifice is it for a President large, it gave a clear signal to the designed it to be so, and we all pledged to engage in a possibly contentious de- world that we were united as a country to serve in a government known for bate with Congress about whether mili- against the threat at that time. It gave particular checks and balances between tary action is a good idea? How much a clear signal to the country that re- the branches of government. of a sacrifice is it for a Member of Con- gardless of party we were united with Remember in the days after 9/11, gress to debate and vote about whether the President of the United States on whose anniversary we commemorate military action is a good idea? While what he saw as an urgent mission for this week, the President brought to Congressional Members face the polit- our country. As a result of that, he had Congress a request for military action. ical costs of debate on military action, an enormously successful operation. It The ruins of the Pentagon and the our servicemembers bear the human was well planned, funded by other World Trade Center were still smoking cost of those decisions. If we choose to countries, primarily, and had a limited and the search for the lost was still on- avoid debate, avoid accountability, objective. They got to the gates of going. Certainly the American public avoid a hard decision, how can we de- Baghdad, the objective was realized, would have supported the President’s mand that our military willingly sac- and we came home. I think the fact strong and immediate Executive action rifice their very lives? that the President sought the advice of in that circumstance, but President So I await the President’s address on Congress was a part of that. Bush knew that the Nation would be the real and significant threat posed by In this case I think this President stronger if he came to Congress to seek ISIL with a firm willingness to offer would find in this body careful lis- authority. Similarly President Bush support to a well-crafted military mis- teners to what he has to say, a willing- came to Congress prior to initiating sion. I believe the American public and ness on both sides of the aisle to con- military action in Iraq. So many pain- this Congress will support such a mis- sider his strategy, and a willingness to ful lessons were learned in the after- sion. It is my deepest hope that we support a carefully crafted plan to math of that authorization, but it is have the opportunity to debate and meet his objectives. This is not Libya, important to remember that it was not vote on the mission in the halls of Con- this is not Grenada, and this is not a unilateral Executive decision but gress as our Framers intended and as Panama. This is at least 2 or 3 years. Congress was included and voted to our troops deserve. Any time our country is expected to support the mission. Thank you, Mr. President. I yield the have a military action especially in the I believe it would be a grievous mis- floor. Middle East again, it needs to have the take after 13 years of war to evolve to- The PRESIDING OFFICER. The Sen- full support of the American people, ward a new strategy of taking pro- ator from Tennessee. and that starts here. longed military action without both- Mr. ALEXANDER. Mr. President, I So I will wait until Wednesday night ering to seek congressional approval, am glad I had the opportunity to be on to hear what the President has to say, and I particularly worry about the the floor today to hear the remarks of but the Senator from Virginia has precedent it would create for future the Senator from Virginia. All of us given some very careful and reasonable Presidents to assert that they have the look forward to the President’s re- advice, and I hope the President and unilateral right to engage in long-term marks tomorrow night. I am going to his advisers will consider that very military action without the full par- reserve my comments because of the carefully. ticipation of the people’s legislative seriousness of the subject and out of re- I am here today to speak on another branch. As President Obama said last spect for the Office of the President subject. I am here today because Sen- year when announcing that he would until after the President addresses the ate Democrats want to amend the Bill come to Congress to seek military au- Nation. But I would say this. Having of Rights—at least 48 of them do. thorization to combat the use of chem- heard the Senator from Virginia, I Forty-eight of them want to say: Let’s ical weapons in Syria: hope the President and his advisers lis- amend the United States Constitution This is not about who occupies the office tened carefully to what the Senator and the free exercise clause of the First at any given time, it is about who we are as from Virginia said. None of us want to Amendment. Let’s amend the guar- a country. I believe the people’s representa- see another military adventure in the antee of free speech. That is an ex- tives must be invested in what America does Middle East. As in Virginia and West traordinary development. abroad . . . Virginia and Tennessee, we have had If passed, Senate Joint Resolution 19, Mr. President, I focus my remarks on thousands—tens of thousands of Ten- which is the subject on the floor today, the legal reasons for the President to nesseans who have been in Iraq and Af- would give Congress and State govern- engage Congress on any plan to defeat ghanistan three, four, five, or six times ments the power to decide which Amer- ISIL. on tours of duty. But this ISIS threat icans can speak in elections, what they Let me conclude by offering an addi- is a different kind of threat to civiliza- can say, when they can say it, and how tional reason—even a more important tion, and very well could be a threat to they say it. This measure would gut reason—about why the President and the United States. It requires a re- the free speech provisions of the First Congress should work together to craft sponse. It requires the President’s lead- Amendment. It is a shocking pro- a suitable mission for this important ership. He is the Commander in Chief, posal—a shocking proposal made even effort. When we engage in military ac- and it is his job to lay out for us a firm more so by the fact that it is supported tion, even only an air campaign, we and clear strategy for, in the words of by 48 Democratic Senators and Presi- ask our troops to risk their lives and his administration, how we will defeat dent Obama. I wonder if any of them their health—physical and mental. Of and destroy this new movement. have taken the time to see the writing

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.067 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5411 on the wall of the Newseum down the this body who are running for re-elec- What about millionaire candidates? street. In big bold letters carved into tion and have never had a vote on any It has been considered by the Supreme the concrete it says: ‘‘Congress shall amendment they offered on the Senate Court and by all who looked at it that make no law . . . abridging the free- floor. Someone might well ask, well, while Congress might put rules on rais- dom of speech . . . ’’ That is in the what have you been doing? ing from others that it could never First Amendment to the United States Then this summer the Democrats ex- place on spending your own money. So Constitution. tended the gag rule from the Senate we have candidates running for Presi- Our Founders passed the Constitu- floor to the Senate committee rooms. dent, running for the Senate, who tion, and they said, well, we forgot to The bills of some members of the Ap- spend their own money. So we might do the Bill of Rights. So they came propriations Committee, on which I not be limiting the millionaire can- back with the Bill of Rights, and this is serve, were indefinitely postponed be- didates to the Senate and their right to in the First Amendment. Free speech is cause the Senate leadership wanted to free speech. We might not be limiting one of the defining characteristics of avoid difficult votes on those amend- the billionaire owners of television sta- liberal democracies worldwide. No ments—no vote on clean water, no vote tions and newspapers and their right to country has embraced free speech and on energy, no vote because it was a dif- free speech, but ordinary Americans protected it as much as has the United ficult vote. would have a gag rule. So the gag rule States of America. Other countries Now in this provision Democrats and that began on the Senate floor and look to us as a model for this remark- the President are trying to extend the went to the Senate hearing rooms able freedom. So why would anyone at- gag rule to the free speech clause of the would now be applied by Congress to tempt to amend the Constitution, First Amendment. What this proposal the ordinary Americans across this amend the Bill of Rights, and change would do is give Congress the power to country. The Founders would never the free speech clause in the First silence the groups or organizations have imagined that. They passed the Amendment? that threaten their reelection. For ex- First Amendment to protect against When we look at the Democratic ample, the government could tell a gun this very concern—that government leadership in the Senate we see a pat- owner in Johnson City, TN, that he or censors would tell ordinary Americans tern of using a gag rule to silence Sen- she cannot spend money to advocate in what they can and cannot say. ators who were sent here on behalf of defense of Second Amendment rights if President Harry Truman, who liked the people who elected them to rep- that speech falls too close to an elec- to exercise a lot of free speech himself, resent their views. The majority leader tion and threatens to influence the warned about this in a message to Con- has prevented Tennesseans, for exam- campaign of incumbents. Or similarly, gress on August 8, 1950. He said: ple, from having their say through Congress might tell Tennessee Right to Once a government is committed to the their Senators, their elected officials, Life: You cannot advertise to protect principle of silencing the voice of opposition, for years now, by using the gag rule in the rights of the unborn. Congress it has only one way to go, and that is down the path of increasingly repressive measures this body to keep amendments from could decide that such speech should be until it becomes a source of terror to all of being considered and voted on. Sen- restricted or prohibited because incum- its citizens and creates a country where ev- ators have listened to their constitu- bents fear it is really an endorsement eryone lives in fear. ents and proposed amendments on of a candidate for political office. That is President Harry Truman. ObamaCare, taxes, the National Labor Also incumbents could seek to stop That is not a description of this Relations Board, Egypt, Iran, Iraq, new political movements like the tea country. That is not a description of etc., and they are told by the Demo- party by placing unachievable condi- America. That is a description of our cratic leadership that they won’t get tions on their ability to raise and enemies. votes. I have said on this floor many spend funds on behalf of candidates Look through our history. How would times, it is like being invited to join they support. They can do this under this law apply in our history? What the Grand Ole Opry and not being al- the guise of protecting donors by say- about Harriet Beecher Stowe before the lowed to sing. ing you can’t receive donations unless Civil War, writing ‘‘Uncle Tom’s But the consequences are much more you’ve been successful in a previous Cabin?’’ Maybe she would want to buy serious than that. It is not just my election or you have a real chance of an ad in the local newspaper saying: amendment or my colleague Senator being successful in the future. The de- Mr. Lincoln is a nice man. Read my CORKER’s amendment, and it is not just cision of whether a new political move- book. The State might not like that. Tennesseans’ amendments. It is the ment is politically viable would of They might like holding slaves. They voters of every State who sent us here course be made by their political com- might not like what she says and what to have a say on their behalf. Senator petitors. Or Congress might criminalize she wants to advertise. BARRASSO from Wyoming has counted expenditures by organizations like the What about Thomas Payne at the be- that since July of 2013, last year, only U.S. Chamber of Commerce, who might ginning of our country’s history writ- 14 Republican amendments and 9 oppose a plan by Senate Democrats to ing ‘‘Common Sense’’? Would a law Democratic amendments have received increase the minimum wage on the such as this apply to his tract—the 1 he votes. That is an astounding number. grounds that the funds spent by the published or if he published 10 or if he There are 100 Senators here rep- U.S. Chamber of Commerce are the published 20? resenting more than 300 million Ameri- equivalent of attack ads against Demo- Taken to its logical conclusion, this cans. This is said to be the world’s cratic candidates in tight reelection proposal could be used by a Congress or greatest deliberative body. The new races. a State to ban books, to ban writings. book ‘‘The American Senate’’ describes Who might be exempt from this gag It is shocking that we are standing this body, saying: ‘‘This is the one au- rule on free speech? Well, freedom of here today and debating such a pro- thentic touch of genius in the Amer- the press—that is mentioned in the posal. It is not surprising that so few ican political system.’’ What makes it amendment. And who would freedom of from the other side of the aisle are ‘‘the one authentic touch of genius in the press be? Who might this be? Well, streaming through the door and stand- the American political system’’ then? it would be billionaires who could buy ing on the floor—as the Senator from It is that you take a difficult message television stations, billionaires who Utah mentioned—to defend this pro- or a difficult bill, you put it on the could buy a newspaper and buy any posal. floor, and you talk about it and you form of this new media that we see Every American ought to be con- talk about it, and you debate it, and around us. So ordinary Americans cerned about this proposal to amend you amend it, until finally you say could have their ability to advocate the Bill of Rights and the free speech that is enough and 60 of us say it is their views restricted, but billionaires clause in the First Amendment. They time to cut off debate. Let’s vote and could buy TV stations or buy a news- should be deeply concerned that the have a result. paper or buy any form of media and say Senate majority leader and his gag rule Yet in a year’s time there have only whatever they think. Those are the have effectively silenced their elected been 23 amendments to legislation that people exempt from the gag rule pro- representatives here in the Senate, and have received votes. Some Members of posed by the Democrats. now he wants to silence them.

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.069 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5412 CONGRESSIONAL RECORD — SENATE September 9, 2014 I thank the Presiding Officer. Third, it ensures that nothing in the Mr. CRUZ. Mr. President, at a time I yield the floor. amendment could be used to abridge of extraordinary challenges across the The PRESIDING OFFICER. The Sen- the freedom of the press. globe and here at home, we are not ator from Rhode Island. This amendment doesn’t create any gathered in the Senate to discuss how Mr. REED. Mr. President, I rise new and specific campaign finance to confront the threat of ISIS. We are today, as I have for many years, to rules; rather, it gives Congress and the not gathered in the Senate to discuss urge my colleagues to fix our Nation’s States the power to pass legislation how to prevent Putin’s Russia from in- broken campaign finance system. I do and to distinguish between real people vading its neighbors. We are not gath- so after much deliberation and consid- and legally created artificial entities, ered in the Senate today to discuss how eration of a series of Supreme Court such as corporations. Whatever legisla- to solve the humanitarian crisis at the decisions and the explosion of undis- tion that would be enacted pursuant to border with some 90,000 unaccompanied closed and potentially unlimited cam- this constitutional amendment would children coming into the country this paign spending that has Americans of be the result of a serious and lengthy year. We are not gathered in the Sen- all political backgrounds concerned. debate in Congress and in the States. I ate today to discuss how to bring back Indeed, I remember when this was an welcome that debate, and I believe jobs and economic growth, or how to issue that brought Republicans and most Americans want that debate as correct the fact that the Obama econ- Democrats together, and I was proud to well. It would begin a process that is so omy has produced the lowest labor support Senator MCCAIN’s efforts at necessary to rebuild a sense of trust in force participation since 1978—92 mil- campaign finance reform. our government and our electoral sys- lion Americans not working today. And Unfortunately, the recent Supreme tem. we are not gathered in the Senate to Court decisions, such as Citizens I urge my colleagues to support this discuss how to stop the disaster that United and McCutcheon, have given constitutional amendment to fix our has been ObamaCare, which has caused more than the mere appearance that broken campaign finance system by money—and corporate money at that— millions of Americans to lose their giving Congress and the States the jobs, to be forced into part-time work, has a louder voice than everyday power to reasonably regulate political Americans. Indeed, Justice Breyer to lose their health insurance, to lose spending, thereby reducing the influ- their doctors, and to see their pre- wrote in his McCutcheon dissent that ence of wealthy special interests. It is ‘‘taken together with Citizens United miums skyrocket. No. these same wealthy special interests Instead, we are gathered today in the . . . [McCutcheon] eviscerates our Na- that obfuscate the facts of a debate and Senate for a very different topic. The tion’s campaign finance laws, leaving a block efforts that could give our coun- remnant incapable of dealing with the majority leader and the Democratic try and our economy a shot in the arm. majority in this Senate have deter- grave problems of democratic legit- Indeed, I hope we can also find bipar- mined that the most important pri- imacy that those laws were intended to tisan support to give more Americans ority this Senate has, which we are resolve.’’ In my view, these misguided the ability to have a fair shot at suc- spending the entire week addressing, is decisions by a slim majority of the cess. For example, we need to make the proposal of 49 Democrats to repeal Court have allowed spending on polit- college more affordable and ease the the free speech provisions of the First ical campaigns to get out of control. burden of student debt on millions of There is a pervasive and corrosive Americans, invest in our infrastruc- Amendment. That is not hyperbole. view of politics felt by too many in this ture, raise the minimum wage, expand Typically, when Americans hear that country that their ability to express job training, close the pay gap for Members of the Senate are proposing their concerns and wishes to their women, boost jobs through manufac- repealing the free speech protections of elected officials is being crowded out turing—and that is just for starters. the First Amendment, the usual reac- by narrow interests and campaign We need to pass these kinds of bills tion is a gasp of disbelief. Could we funds. Rhode Islanders don’t want their and send them to the House and urge really have entered a world so extreme voices drowned out by unlimited them to act. The Senate was able to that our common ground no longer money with little or no transparency come together and pass a bill to pro- even includes the First Amendment of or no disclosure on where that money vide relief to the long-term unem- the Constitution? comes from. ployed earlier this year, but with 9.6 The First Amendment protects our In order to have a broad-based demo- million Americans still out of a job and most foundational rights. Yet, under cratic system, we need reasonable cam- looking for work—3 million of whom the amendment we are debating today paign finance laws which ensure that have been doing so for more than 6 that 49 Democrats have signed their those with large financial resources months—House Republicans have rename to, the First Amendment would, cannot drown out the voice of everyday fused to follow suit. It is imperative in effect, have crossed out freedom of Americans. That is what this constitu- that we keep working to strengthen speech. Why? Because 49 Democrats tional amendment we are seeking to our economy, create jobs, and provide a have cosponsored a constitutional debate is all about. fair shot for everyone. amendment that is currently on the The system is broken, and as much I believe fixing the campaign finance floor of the Senate, being voted on this as individual candidates can pledge to system through this constitutional week, that would give Congress blan- provide more disclosure or take other amendment will provide a foundation ket authority to regulate political steps to increase transparency, that is so we can have reasonable debate that speech. not the solution to fixing the problem. is responsive to the interests of the From the dawn of our Republic we We need to give Congress and the American people and not responsive to have respected the rights of citizens to States the ability to set reasonable the interests of a narrow class of Amer- express their views. It is the right upon rules for all candidates. icans. which every other civil liberty is predi- The constitutional amendment we I urge my colleagues to take up this cated. But in the Democratic Senate of are considering today does three bill, pass it, and get on with the busi- 2014, citizens’ free speech rights are straightforward things: ness of giving everyone a fair chance at tools for partisan warfare. First, in order to advance democratic success. This proposal before the Senate is, self-governance and political equality, Mr. President, I note the absence of a bar none, the most radical proposal it gives Congress and the States the quorum. that has been considered by the Senate power to regulate and set reasonable The PRESIDING OFFICER. The in the time I have served. If this pro- limits on the raising and spending of clerk will call the roll. posal were to pass, its effects would be money by candidates and others to in- The bill clerk proceeded to call the breathtaking. It would be the most fluence elections. roll. massive intrusion on civil liberties and Second, it grants Congress and Mr. CRUZ. Mr. President, I ask unan- expansion of Federal Government States the power to enforce the amend- imous consent that the order for the power in modern times. ment and to distinguish between people quorum call be rescinded. Let’s talk about how and why that is and corporations or other artificial en- The PRESIDING OFFICER. Without the case. The text of the amendment tities. objection, it is so ordered. that is currently in the Bill of Rights

VerDate Mar 15 2010 02:43 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.071 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5413 says, Congress shall make no law re- This bill, if adopted, raises three sim- President Obama during the State of specting an establishment of religion, ple questions—questions I raised at the Union hectoring the Supreme or prohibiting the free exercise thereof; three hearings in the Judiciary Com- Court of the United States for the Citi- or abridging the freedom of speech. So mittee and in the Constitution sub- zens United case. right now we operate under a First committee, and I am the ranking mem- Relatively few people know the facts Amendment that says Congress shall ber on the Constitution subcommittee that underlie the Citizens United case. make no law abridging the freedom of of the Senate Judiciary Committee. We The facts in those circumstances are speech—not some laws; not laws that have had extensive debates on this that a nonprofit corporation made a some politicians think would help amendment. I wish to pose three sim- movie critical of Hillary Clinton, and them politically; but no law abridging ple questions that I would ask every for making a movie critical of Hillary the freedom of speech is what our First Democrat who has put his name to Clinton the Obama administration Amendment says. this—and I notice, sadly, my friend, tried to impose massive fines on them. What would the new First Amend- the Presiding Officer, is one of them, Citizens United, which President ment say? Well, according to our but he didn’t serve on the committee. Obama and the Senate Democrats Democratic friends, the new First So I would ask him to consider these decry as the most pernicious thing in Amendment would have two sections. questions, and I would hope every Dem- modern times, it seems, was all about The first section says, Congress and ocrat who has put his name to this, the government trying to fine a movie States may regulate and set reasonable upon thinking about it, will have sec- maker for daring to make a movie limits on the raising and spending of ond thoughts and pull his name off. about Hillary Clinton. money by candidates and others to in- So here are three questions every one Listen, let me be very clear. There fluence elections. Now, ‘‘reasonable.’’ of us should ask. No. 1, should Congress are movie makers—Michael Moore’s Who could oppose reasonable limits? have the constitutional authority to movies I think are complete nonsense. Isn’t that the essence of reasonable- ban movies? To quote the bard, they are full of ness? Perhaps I have forgotten my No. 2, should Congress have the con- sound and fury, signifying nothing. Mi- spectacles, but I don’t see in the cur- stitutional authority to ban books? chael Moore has a right to keep mak- rent First Amendment, Congress can And No. 3, should Congress have the ing those movies over and over again make reasonable restrictions on the constitutional authority to ban the and spewing his nonsense as long as he freedom of speech. It doesn’t say that. NAACP from speaking about politics? likes. The First Amendment protects It says Congress shall make no law My answer to these three questions is his right to be wrong. abridging the freedom of speech. unequivocally, unquestionably no. Yet And as a simple legal matter, would What is the difference? The First every single Democrat who has put his this amendment give Congress the con- Amendment is not about reasonable name on this amendment has no choice stitutional authority to ban movies? Paramount Pictures is a corporation. speech. The First Amendment was en- but to answer yes to all three of these Under the text of the amendment, what acted to protect unreasonable speech. questions. I, for one, certainly don’t want our I posed these questions in the Con- could Congress do to a corporation? It speech limited to speech that elected stitution subcommittee. When I posed can prohibit—and that is the language politicians in Washington think is rea- in the amendment—it can prohibit the them to the committee, the chairman sonable. corporation from spending money to of the committee, Senator DURBIN, There was a time this body thought influence elections. So if a movie talks gaveled the hearing shut because he the Alien and Sedition Acts prohibiting about politics, Congress can make it a could not answer those questions. But criticizing the government were rea- criminal offense. Go down to Holly- at the full Judiciary Committee hear- sonable. There is a reason the Con- wood, take the producers, the direc- ing, I was told by my Democratic stitution doesn’t say let’s trust politi- tors, the actors and everyone involved friends: This is hyperbole. This is exag- cians to determine what speech is rea- in the movie and put them in hand- geration. We don’t intend to ban mov- sonable and what isn’t. cuffs. That is breathtaking. I would note the Supreme Court has ies or books or the NAACP. My re- Now, again, the Democratic Senators long made clear the First Amendment sponse in those hearings was that this say, We don’t intend to do that. Then is all about unreasonable speech. For is the Senate. Forty-nine Senators are why did they submit a constitutional example, when the Nazis wanted to proposing an amendment to the Bill of amendment to the Bill of Rights that march on Skokie, IL—Nazi speeches, Rights. The inchoate intentions that says Congress can prohibit Paramount the paradigm example of unreasonable may be buried in the hearts of each and Pictures from speaking about politics? speech; it is hateful, bigoted, ignorant every Senator are utterly irrelevant to That means Congress can ban movies. speech—the Supreme Court said the the question. The question is, What is How about the second question: Nazis have a constitutional right to the language that would be inserted Should Congress be able to ban books? march down the street in Skokie, IL, into the Bill of Rights of our Constitu- That is an extreme question by any- with their hateful, bigoted, ignorant tion? one’s measure. Surely, nobody in Wash- speech. Now every one of us then has a Let’s look to the language. Section 2 ington is talking about banning books. moral obligation to condemn it as of this amendment says Congress and Well, if we assumed that, our assump- hateful and bigoted and ignorant. But the States shall have the power to im- tion would be wrong. Indeed, during the First Amendment is all about say- plement and enforce this article by ap- the oral argument in Citizens United, ing government doesn’t get to decide propriate legislation and may distin- the Supreme Court asked the Obama what you say is reasonable and what guish between natural persons and cor- administration: Your position is that you say is not. porations or other artificial entities under the Constitution, the sale for the The First Amendment is all about created by law, including by prohib- book itself could be prohibited. The an- saying we will not censor American iting such entities from spending swer from the Obama administration: citizens. What is this amendment money to influence elections. Yes, if the book contained the func- about? Saying the Federal Government That is very specific language that tional equivalent of express advocacy. now has the power to censor each and would now become part of our Bill of The Obama administration went in every American who dares speak about Rights. It is breathtaking. It is stag- front of the Supreme Court and argued: politics. So if a person has a political gering in its scope. We have the power to ban books. view at home, they better hope politi- I wish to take these one at a time be- This is in the record. This is in the cians in Washington think that view is cause the Democrats, I am sure—all 49 official transcript. People can go and reasonable. I will tell my colleagues Democrats—say, We don’t intend to listen to this argument, listen to the that very little of what we do in this ban movies, books, or ban the NAACP. Obama administration say they believe town is reasonable and the idea that Well, let’s look to the language they the Federal Government has the abil- elected politicians would seek to arro- put their names to. ity to ban books from your house. That gate power to themselves to censor the No. 1, let’s start with movies. We is breathtaking. citizens is anathema to who we are as have all heard a lot about the Citizens I recognize in today’s partisan soci- a country. United case. In fact, we remember ety there are some people who may be

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.073 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5414 CONGRESSIONAL RECORD — SENATE September 9, 2014 watching these remarks who aren’t in- advance—namely encouraging vigorous po- ical debate, exacerbate the incumbency ad- clined to believe me. They might say: litical dissent and providing voice to the vantage, give certain political parties an un- Listen, you are a Republican. You are voiceless, which we, of course, support. fair leg up and disproportionately impair a conservative. And coming from the As we have said in the past, this and simi- third parties, many of whom cannot afford lar constitutional amendments would ‘‘fun- the sophisticated legal counsel necessary to spot in the political aisle that I do, I damentally break’ the Constitution and en- navigate the complex new laws this amend- don’t tend to trust Republicans or con- danger civil rights and civil liberties for gen- ment would allow. The contribution section servatives. erations.’’ could, for instance, allow a federal law lim- I understand that. I would tell you Were it to pass, the amendment would be iting contributions to the point where chal- that if you don’t believe me, perhaps the first time, save for the failed policies of lengers cannot mount an effective campaign, you would believe that famed right- Prohibition, that the Constitution has ever and third parties simply can’t afford to stay wing organization, the ACLU. The been amended to limit rights and freedoms. in business. ACLU said this amendment, to which Congress has had the wisdom to reject other More important, however, is the proposed rights-limiting amendments in the past, in- change in Subsections (1)(2) and (2)(2), which 49 Democrats have signed their cluding the Federal Marriage Amendment, would permit the federal and state govern- names—what would it do? It would the School Prayer Amendment, the Victims’ ments to limit the amount of funds spent ‘‘in ‘‘fundamentally ‘break’ the Constitu- Rights Amendment and, of course, the Flag support of, or in opposition to’’ candidates tion and endanger civil rights and civil Desecration Amendment, which many of the for office. Right now, under existing law, liberties for generations.’’ I said a few sponsors of this resolution opposed. It should there is a distinction between express advo- minutes ago that this was the most likewise reject the Udall amendment. cacy (‘‘vote Romney/Ryan’’ or ‘‘support radical legislation that has been put 1. DESCRIPTION OF THE AMENDMENT Obama/Biden’’) and ‘‘issue advocacy’’ (‘‘call before this body. Why is that? Because While short, the Udall amendment is de- Speaker Boehner and tell him to stop blocking NSA surveillance reform’’). Historically, it is legislation the ACLU says would ceptively complex and presents several concerns. campaign finance reform efforts, including ‘‘fundamentally ‘break’ the Constitu- constitutional amendments such as this one, tion.’’ Breaking the Constitution is no Section 1 provides that ‘‘[t]o advance the fundamental principle of political equality have sought to restrict ‘‘sham’’ issue advo- minor matter, and endangering civil for all, and to protect the integrity of the cacy—that is, communications that some rights and civil liberties for genera- legislative and electoral processes, Congress claim are express advocacy disguised as issue tions ought to concern every Member shall have power to regulate the raising and advocacy. of this body. spending of money and in-kind equivalents As a practical matter, however, the staff One still might say: Surely banning with respect to Federal elections.’’ vested with the responsibility of distin- Specifically, Subsection (1)(1) would allow guishing between the two at the Federal books is hyperbole. Election Commission (‘‘FEC’’) or the Exempt Well, if you don’t believe me, the limits on ‘‘contributions to candidates for nomination for election to, or for election to, Organizations Division of the Internal Rev- ACLU in writing told the Senate this enue Service are ill-equipped to draw these amendment—to which 49 Democrats Federal office.’’ Subsection (1)(2) would allow limits on ‘‘the amount of funds that may be lines in a consistent and principled manner. have put their names—would give Con- spent by, in support of, or in opposition to For instance, would an ACLU ad urging gress the power to ban Hillary Clin- such candidates.’’ Section 2 provides the members of Congress to support Patriot Act ton’s new book, ‘‘Hard Choices.’’ I want same authorities to each state with respect reform, which runs shortly before the No- that to sink in for a moment. Forty- to state elections. vember 2004 election (when that issue is at nine Democrats have just put their Section 3 says that ‘‘[n]othing in this arti- play in the election), be construed as an cle shall be construed to grant Congress the issue ad exhorting voters to support reform names to a constitutional amendment, or a covert attempt to influence voters to and the ACLU rightly tells us that the power to abridge the freedom of the press.’’ And, Section 4 grants express authority to oppose members who do not support reform? express language of the amendment the states and Congress to implement these Similarly, would an ad by a group urging re- gives the government the power to ban limits through ‘‘appropriate legislation.’’ peal of the Affordable Care Act, which runs before the 2012 presidential election, be issue Hillary Clinton’s new book, ‘‘Hard 2. THE AMENDMENT IS UNNECESSARY AND Choices.’’ advocacy or covert express advocacy? WOULD BE CORROSIVE TO VIGOROUS POLITICAL Given the inability of the world’s best elec- I have that letter from the ACLU. I DEBATE ABOUT THE ISSUES OF THE DAY also have a subsequent letter from the tion law lawyers, let alone overworked line Congress and the states already have the revenue agents and attorney-advisors, to ACLU doing something which they authority to limit contributions to can- make a principled determination on any haven’t done before and which I don’t didates, including limits on expenditures such ads, lawmakers tend to overcorrect and know they will do again—thanking me like advertisements in support of a campaign restrict all issue advocacy in order to sup- and thanking all of us who have been or candidate paid for by an outside group and press any covert express advocacy. The Bi- fighting against this amendment for coordinated with that campaign or can- partisan Campaign Reform Act attempted to standing up for civil liberties. It is didate. They have had this authority since do exactly that by criminalizing any broad- the landmark Buckley v. Valeo Supreme cast, cable or satellite communication that truly a shame the Democratic Party is Court case in the 1970s, which remains good not among them. simply mentioned a candidate in the 30 days law and only placed First Amendment limits before a primary or 60 days before a general I ask unanimous consent to have on the ability of the government to control election. printed in the RECORD both of the let- independent expenditures (that is, uncoordi- Recognizing both the severe harm to polit- ters from the ACLU I referred to ear- nated express advocacy for or against a can- ical debate through overbroad laws that sup- lier. didate). press all issue advocacy mentioning a can- There being no objection, the mate- Citizens United’s holding, that corpora- didate for office, and the difficulty in mak- rial was ordered to be printed in the tions (including non-profit advocacy groups ing principled distinctions between issue and like the ACLU and thousands of others) and RECORD, as follows: express advocacy under a totality of the cir- labor organizations may spend general treas- cumstances approach, the courts have right- LEGISLATIVE OFFICE, ury funds on independent expenditures, is en- ly rejected measures that allow the govern- AMERICAN CIVIL LIBERTIES UNION, tirely consistent with the reasoning of Buck- ment to restrict issue advocacy at all. Washington, DC, June 3, 2014. ley. Sections (1)(2) and (2)(2) are designed to, Re ACLU Opposes the Udall Amendment. Subsections (1)(1) and (2)(1) are therefore and would, completely overturn that legal Hon. PATRICK LEAHY, both unnecessary and redundant of existing distinction between issue and express advo- U.S. Senate, Committee on the Judiciary, Wash- law, which, notably, already also places cacy and permit the government to crim- ington, DC. some limits on independent expenditures, inalize and censor all issue advocacy that Hon. CHARLES GRASSLEY, namely reporting requirements and less fa- mentions or refers to a candidate under the U.S. Senate, Committee on the Judiciary, Wash- vorable tax treatment. Such redundancy can argument that it supports or opposes that ington, DC. be dangerous for civil liberties, in that it in- candidate. DEAR CHAIRMAN LEAHY AND RANKING MEM- vites courts to ask why lawmakers said the To give just a few hypotheticals of what BER GRASSLEY: The American Civil Liberties same thing twice, and whether duplication would be possible in a world where the Udall Union strongly opposes S.J. Res. 19, a pro- means that the second statement confers ad- proposal is the 28th Amendment: posed constitutional amendment, sponsored ditional powers. Congress would be allowed to restrict the by Sen. Tom Udall (D–NM), that would se- In other words, while the inclusion of con- publication of Secretary Hillary Clinton’s verely limit the First Amendment, lead di- tribution limits in the Udall amendment is forthcoming memoir ‘‘Hard Choices’’ were rectly to government censorship of political presumably an attempt to get at she to run for office; speech and result in a host of unintended McCutcheon’s ban on aggregate limits, it Congress could criminalize a blog on the consequences that would undermine the could also permit other laws limiting con- Huffington Post by Gene Karpinski, presi- goals the amendment has been introduced to tributions that would severely harm polit- dent of the League of Conservation Voters,

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.076 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5415 that accuses Sen. Marco Rubio (R–FL) of creasingly problematic in the age of citizen riage rights to same-sex couples in com- being a ‘‘climate change denier’’; journalism and the internet. Here, the gov- mitted relationships. Congress could regulate this website by re- ernment would have to determine if the Were this to pass, the Udall amendment form group Public Citizen, which urges vot- Daily Kos or Red State qualify as ‘‘the would grease the skids of these and other ers to contact their members of Congress in press.’’ If yes, they can blog freely. If no, proposals to limit fundamental constitu- support of a constitutional amendment ad- they could be censored or even go to jail. The tional rights. dressing Citizens United and the recent potential for abuse is obvious. For all of these reasons, we strongly urge McCutcheon case, under the theory that it Accordingly, the reference to freedom of you to oppose the Udall amendment, and to is, in effect, a sham issue communication in the press could perversely limit that free- focus Congress’s attention on enacting effec- favor of the Democratic Party; dom. Legally, ‘‘the press’’ has been defined tive public financing laws, tightening up the A state election agency, run by a corrupt broadly. It encompasses not only the ‘‘large coordination rules, ensuring prosecutors patronage appointee, could use state law to metropolitan publisher’’ but also the ‘‘lonely have effective resources to pursue straw do- limit speech by anti-corruption groups sup- pamphleteer.’’ ‘‘Freedom of the press is a nations and other common sense measures porting reform; fundamental personal right,’’ the Supreme for promoting the integrity of our political A local sheriff running for reelection and Court has written, ‘‘which is not confined to facing vociferous public criticism for draco- system. newspapers and periodicals. It necessarily What you must not do is ‘‘break’’ the Con- nian immigration policies and prisoner abuse embraces pamphlets and leaflets. The press could use state campaign finance laws to stitution by amending the First Amendment. in its historic connotation comprehends Please do not hesitate to contact Legisla- harass and prosecute his own detractors; every sort of publication which affords a ve- A district attorney running for reelection tive Counsel/Policy Advisor Gabe Rottman hicle of information and opinion.’’ could selectively prosecute political oppo- at 202–675–2325 or [email protected] if you The reference to freedom of the press will have any questions or comments. nents using state campaign finance restric- force the government and courts to draw dif- Sincerely, tions; and ficult lines between non-traditional media Congress could pass a law regulating this LAURA W. MURPHY, and the ‘‘large metropolitan publisher.’’ letter for noting that all 41 sponsors of this Director, Washington More often than not, the latter, simply be- amendment, which the ACLU opposes, are Legislative Office. cause of the breadth of issues covered in Democrats (or independents who caucus with GABRIEL ROTTMAN, their media, is going to appear less ‘‘polit- Democrats). Legislative Counsel/ ical’’ than the pamphleteer handing out cir- Such examples are not only plausible, they Policy Advisor. are endless. Currently, we do not have to culars urging greater gun control, reproduc- worry about viewpoint discrimination, selec- tive freedom or a path to citizenship for un- documented immigrants. The courts inter- AMERICAN CIVIL LIBERTIES UNION, tive enforcement and unreasonable regula- Washington, DC, August 6, 2014. tions that unnecessarily stifle free speech preting the laws permitted by this amendment are therefore more likely to move Hon. TED CRUZ, without advancing a legitimate state inter- U.S. Senate, Dirksen Senate Office Bldg., Wash- est because of the First Amendment, and away from the notion of ‘‘lonely pam- ington, DC. these protections would not apply to speech phleteer’’ as press. DEAR SENATOR CRUZ: We write to offer our covered by this proposed amendment. Tin- Finally, fourth, the reference to the press thanks for your co-sponsorship of the USA kering with the First Amendment in this clause expressly incorporates the speech, as- Freedom Act and your ardent defense of the way opens the door to vague and overbroad sembly and petition clauses into the Udall First Amendment in two important areas. As laws, which both fail to address the problem amendment by omission. In other words, the you so aptly said, ‘‘Republicans and Demo- that Congress wishes to solve and invariably amendment makes clear—through lack of crats are showing America that the govern- pull in vast amounts of protected speech. reference to the speech clause—that this Vague and overbroad laws regulating pure amendment is meant to directly constrain ment can respect the privacy rights of law- speech are also exceedingly dangerous to the existing speech, assembly and petition abiding Americans, while at the same time, democratic processes because they can be rights, and potentially all other constitu- giving law enforcement the tools needed to misused by various parochial interests. Dur- tional rights that could conceivably apply, target terrorists.’’ ing the civil rights era, for instance, south- with respect to both the state and federal The American Civil Liberties Union has ern states often tried to use laws forcing governments. That is both unprecedented long sought to work with members at all groups exercising their First Amendment and exceedingly worrisome. points on the political spectrum to advance rights to disclose their membership, in a bid Additionally, we note that Section 3 ap- fundamental American principles of indi- to run them out of town. pears to only apply to Congress, suggesting vidual liberty and personal privacy. We are Rather than ‘‘equalizing’’ the debate and that states may be free to ‘‘abridge’’ the heartened that you have been willing to giving voice to the voiceless, laws that allow freedom of the press. reach across the aisle to further those essen- criminalization of issue advocacy—which 4. AMENDING THE CONSTITUTION TO LIMIT A SPE- tial values and implement needed reforms of this, on its face, would permit—actually give CIFICALLY ENUMERATED CONSTITUTIONAL our growing surveillance state. the advantage to special interests with sig- RIGHT IS UNPRECEDENTED IN THE HISTORY OF We would also note that, while many of the nificant resources, because they can now call THE REPUBLIC objections to the bulk surveillance programs on the law to regulate their policy oppo- It bears emphasizing that this would be the revealed in the past year have focused on pri- nents. By exempting this class of political first time the amendatory process has been vacy, the ACLU has long been critical of speech from the scope of the First Amend- used to directly limit specifically enumer- mass surveillance on First Amendment ment (and potentially other rights), it would ated rights and freedoms. Many argue that grounds as well. Indiscriminate government provide no protection at all for disfavored such an amendment is not unprecedented. spying abrogates our constitutional right to minority groups on both the left and right. What they mean, however, is that amending anonymous speech and chills associational Congress would, for instance, be free to pass the Constitution in response to an unpopular activity. laws targeting only ‘‘political’’ speech by court case is not unprecedented. In those Indeed, it raises many of the same con- groups like ACORN. cases, however, the amendment either had cerns that have led the Supreme Court to 3. THE AMENDMENT COULD PERVERSELY HARM little to do with individual rights or it re- prohibit the compelled disclosure of political FREEDOM OF THE PRESS AND WOULD DI- stored lost rights. In no case, did it limit the associations and beliefs in landmark cases RECTLY EVISCERATE THE FREEDOMS OF right and freedom that vouchsafes our abil- like National Association for the Advance- SPEECH, ASSEMBLY AND PETITION ity to advocate for all of our other rights and ment of Colored People v. Alabama, 357 U.S. In addition to allowing Congress and the freedoms. 449 (1958); Shelton v. Tucker, 364 U.S. 479 states to criminalize issue advocacy, the Finally, while rights-limiting amendments (1960); Gibson v. Florida Legislative Com- amendment’s third section, exempting ‘‘free- are unprecedented, proposals to do so are le- mittee, 372 U.S. 539 (1963); Brown v. Socialist dom of the press’’ from its reach, poses four gion. Workers Party, 459 U.S. 87 (1982); McIntyre v. major problems. The ACLU has aggressively lobbied Ohio Elections Commission, 514 U.S. 334 First, it could actually make matters against, to name just a few, the Flag Dese- (1995); and Watchtower Bible and Tract Soci- worse. Those with enough money can afford cration Amendment, which would have over- ety of New York, Inc. v. Village of Stratton, to buy newspapers or journalistic websites, turned the Supreme Court cases prohibiting 536 U.S. 150 (2002). which are indisputably press outlets, and the state and federal governments from One of the key civil liberties concerns with would be completely outside the scope of the criminalizing defacement of the American indiscriminate bulk surveillance, for either laws permitted by this amendment. William flag; the Victims’ Rights Amendment, which criminal investigative purposes or national Randolph Hearst’s newspaper empire, for in- would have limited the rights of criminal de- security, is that it gives the government a stance, was at first a vigorously partisan fendants; an amendment to deny automatic detailed record of those dissenting from offi- supporter of Franklin Roosevelt (and then citizenship to all persons born in the United cial policy—on both the right and left. Sur- critic), and such partisan electioneering by States; the School Prayer Amendment, veillance chills such dissent, which results in the mass media would unquestionably be which would have given school officials the poor policy outcomes. Anonymity is essen- permitted under this amendment. power to dictate how, when and where stu- tial for the dissemination of unpopular ideas, Second, it invites government inquiry into dents pray; and the Federal Marriage which often enrich the marketplace of ideas. what constitutes ‘‘the press,’’ which is in- Amendment, which would have denied mar- Anonymous speech and association have

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.025 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5416 CONGRESSIONAL RECORD — SENATE September 9, 2014 driven social progress on numerous fronts, Moveon.org is a corporation. The love the First Amendment; I love free from civil and labor rights to, tellingly, our Human Rights Campaign is a corpora- speech. That takes money. expansive modern view of free speech. tion. Greenpeace is a corporation. The Federalist Papers were the es- For these and other reasons, the ACLU People will note that every one I list- sence of speech, and it took money to also opposes S.J. Res. 19, a proposed constitutional amendment that would limit the ed is a group that in our political dis- print them. Thomas Paine’s ‘‘Common First Amendment to allow the government— course is often associated with being Sense’’—it took money to print it. It federal and state—to ‘‘regulate and set rea- on the left. Many of those groups are took money to print pamphlets. sonable limits on the raising and spending of not particular fans of mine as an elect- Everyone in the tech community— money by candidates and others to influence ed official, and that is their right. In- and I would note that all of our Demo- elections.’’ deed, it is their right to scream from cratic friends and sponsors of this While we certainly appreciate the good in- the mountaintops their criticism of my amendment almost to a person go rou- tentions of the measure’s supporters, we tinely to the tech community and say: fear—based on long historical experience— political positions. I will defend their that such an open ended remit would result right to criticize me or any other Mem- Give us money. Give us campaign con- in the censorship of pure issue advocacy by ber of this body all day long because tributions. non-partisan, non-profit groups. Likewise, the Bill of Rights says Congress shall Every Senate Democrat should ex- we anticipate the amendment would be used, make no law abridging the freedom of pect the tech community to say: Wait much like programmatic national security speech. a second. Why did you vote for a con- surveillance, to compel disclosure of con- Forty-nine Democrats just said that stitutional amendment to give Con- stitutionally protected anonymous political every organization I read—that it gress the power to regulate every Web activity and association by those espousing should be constitutional for Congress site in America? controversial or minority views. The fact this would be the first time any to prohibit them from speaking about If a Web site talks about politics, enumerated right in the Constitution has politics. this amendment gives Congress the been restricted through the amendatory It seems to me that when we return power to regulate that Web site. process underscores the gravity of the threat to our home States, every Senate Dem- Listen, I understand there are Mem- to the First Amendment posed by S.J. Res ocrat who put his or her name to this bers in this body on both sides of the 19. We thank you for your support for the amendment should expect to answer aisle who find it really pesky when First Amendment in your staunch opposition questions from citizens: Senator, why citizens dare criticize us. If you don’t to the constitutional amendment and your did you vote for a constitutional want to be criticized, don’t run for of- original co-sponsorship of the USA Freedom fice. Democracy is messy. Act. amendment to silence my free speech We look forward to working with you on rights? That is a question we should all I guarantee there is no one in this other First Amendment issues. Please con- expect. country who truly believes money is tact Legislative Counsel/Policy Advisor Gabe I would like to address a couple of not speech. It is a talking point, but Rottman if you should have any questions at red herrings in this debate because those examples are unquestionably 202–675–2325 or [email protected]. there are arguments put forth by the speech, and they have been from the Sincerely, Democrats who say: No, no, no. Pay no very first days of our Republic. LAURA W. MURPHY, attention to the text of the amendment A second canard is that corporations Director, Washington are not people. That is often said. Citi- Legislative Office. we have introduced. Pay no attention zens United said that corporations are MICHAEL W. MACLEOD- to the fact that it would give Congress BALL, the power to ban movies, books, and to people. Chief of Staff/First silence the NAACP. Pay no attention Of course corporations are not peo- Amendment Counsel. to any of that. It is something else. ple, but that is not the right question. GABRIEL ROTTMAN, There are three red herrings that are It never was the question. Nobody Legislative Counsel/ tossed forward. thinks corporations are people. They Policy Advisor. First, money is not speech. How don’t breathe, they don’t walk, and Mr. CRUZ. The third question every many times have we heard that over they are not human beings. The ques- Senator who has put his name to this and over in floor speeches? Yesterday tion is, Do corporations have rights amendment must answer is this: and today Democrats have stood and under our Constitution? Again, I guar- Should Congress have the constitu- said: Money is not speech. Money is not antee that every person in this Cham- tional authority to ban the NAACP speech. It has been repeated over and ber and every person in the gallery be- from speaking about politics? Well, over. It is a good talking point. It is lieves the answer to that question is why is that? Because the NAACP is a simply, on its face, demonstrably false. yes. If they don’t, the New York Times corporation. We hear the word ‘‘cor- It is certainly true that all money is is a corporation. Do we really think poration,’’ and we tend to think of not speech. the New York Times has no First ExxonMobil, Walmart, or what have If you go out and buy a Ferrari, that Amendment rights? you, but the NAACP is a corporation. is not speech, but if you go out and If the canard were true—corporations What could Congress do under this erect a billboard and pay money to put are not people, so they don’t have amendment, under the explicit lan- up a billboard that says ‘‘Senator JOE rights—Congress could pass a law to- guage of this amendment? Congress MANCHIN is a terrific guy,’’ that is morrow that says the New York Times could prohibit the NAACP from speak- speech. It takes money to do that. can never again criticize any Repub- ing about politics. They don’t put up billboards with pixie lican Member of Congress. I think the Let me state some other corporations dust. It actually takes some dollars to paper would probably go out of publica- Congress would have the constitutional erect that billboard and to express that tion if it had to remove that from its authority to silence. The ACLU is a speech. content. corporation. The AARP—the American If you decide you want to run a radio But it, of course, cannot. Why can’t Association of Retired Persons—is a ad saying that Senator so-and-so is ter- it? Because corporations have rights. corporation. People for the Ethical rible or wonderful, they don’t run radio Every one of us knows that. We would Treatment of Animals is a corporation. ads just because you asked ‘‘pretty be horrified. That legislation would be Amnesty International is a corpora- please.’’ It takes money. blatantly unconstitutional. Why? Be- tion. Americans United for Separation Let’s say you want to run a tele- cause the New York Times has a First of Church and State is a corporation. vision ad. It takes money. Amendment right to speak about poli- The Gay & Lesbian Advocates & De- Let’s say you want to launch a Web tics however it likes, whether wrong- fenders is a corporation. The National site. Have you ever launched a Web site headed or right-headed. Organization for Women is a corpora- for free? The groups I mentioned before—the tion. The Center for Reproductive Let’s say you are a little old lady NAACP is a corporation. I challenge Rights is a corporation. The Sierra who wants to put a yard sign on your any Senator to stand and say the Club is a corporation. La Raza is a cor- front yard, and it is going to take $5 to NAACP has no First Amendment poration. NARAL is a corporation. buy some poster board and a stick and rights. But every Senator who has said Planned Parenthood is a corporation. some crayons and markers and write: I on this Senate floor that corporations

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.026 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5417 aren’t people, that they have no rights, lionaires stealing democracy. Gosh, the camera and repeatedly state false- has said the NAACP has no constitu- top 16 donors are not Republicans. hoods: If you like your health insur- tional rights—if you were a first-year And how about the Koch brothers ance plan, you can keep it, if you like law student and put that answer in any who we are told are somewhat like the your doctor, you can keep them, you constitutional law class in the country, Grinch who stole Christmas? Where do do not really want to remind the Amer- you would get an F. It wouldn’t be a D- they fall? We have to go down to No. 59 ican people that you deliberately lied plus or a D-minus; it would be an F. It on the list to find Koch Industries. to them. is an obviously blatantly false state- But perhaps you believe there is And the Democrats certainly cannot ment. Yet 49 Democrats rely on it to something to this claim of secret run on the Obama-Clinton foreign pol- justify trying to gut the First Amend- money. That too is a red herring. The icy—a policy about which we heard last ment. Federal Election Commission esti- week the President has no strategy for The third red herring the Democrats mates that over $7 billion was spent in dealing with the great threats facing in this body point to is they paint a the 2012 election cycle. We have heard this country. Leading from behind is specter of evil billionaires coming to from Democrat after Democrat after not a strategy, and we can see the con- steal our democracy. Democrat that secret money—money sequences of the Obama-Clinton for- We have all heard of our friends the where the donors are not disclosed—is eign policy, which is that the entire Koch brothers—in part because the ma- this enormous problem in our democ- world is on fire. jority leader has launched an unprece- racy that justifies gutting the First If you are a Democratic Senator run- dented slander campaign on two pri- Amendment. So of that $7 billion, I as- ning for reelection in 2014, you have a vate citizens. Almost on a daily basis sume a lot of that is secret money. problem. You cannot run on your the majority leader stands and dema- Well, if you were to assume that, you record because the record is abysmal. gogues two private citizens who have would be wrong. The Center for Re- So what is done instead? It is smoke committed the sin of creating hundreds sponsive Politics estimates that in 2012 and mirrors. It is distraction. of thousands of jobs, being successful about $315 million was spent by groups The only explanation I can come up in the private sector, and then exer- that do not disclose all of their donors. with for why we are spending a week— cising their First Amendment rights to That is less than 4.5 percent of all the with all the challenges in the world—a speak out about the grave challenges political speech in 2012. week debating an amendment that will facing this country. So this entire effort to gut the First never ever pass is this is designed to If one Member of this body impugns Amendment, to give Congress the fuel a bunch of TV commercials for the integrity of another Member of this power to ban movies, books, and the Democratic Senators, to paint the pic- body, we can rise on a point of personal NAACP from speaking about politics is ture of nefarious billionaires coming to privilege. I ask the Presiding Officer, justified because of 4.5 percent of polit- steal our democracy. Facts do not get where is the point of personal privilege ical spending, a whole bunch of which in the way of their story. But yet the for a private citizen when the majority is being spent to help Democrats. breadth of this is rather enormous. I serve on the constitution sub- leader drags his name through the mud Those are the facts. As John Adams fa- committee with the Senator from Min- day after day? mously said: Facts are stubborn things. nesota, who before being a Senator was What Senator REID is doing to two (Ms. WARREN assumed the Chair.) a very talented comedic actor and private citizens who are fighting to ex- So it raises the question: If the prob- comedic writer on ‘‘Saturday Night ercise their free speech rights is rep- lems they are telling us about are not Live.’’ I grew up watching ‘‘Saturday rehensible. It is an embarrassment to real, why are the Democrats doing Night Live.’’ I love ‘‘Saturday Night this institution. Yet perhaps one might this? Why are we spending a week de- Live.’’ say there is some truth to the matter. bating this constitutional amendment, ‘‘Saturday Night Live’’ over the We are told these nefarious brothers the most radical constitutional amend- years has had some of the most tre- are responsible for almost everything ment this body has ever considered, mendous political satire—for decades. bad in the world, so it must be that particularly because every single Mem- Who can forget Chevy Chase tripping they are playing a huge role in our ber of this body knows the outcome? and falling over just about everything? body politic. There are not sufficient votes to adopt Who can forget portrayals—Dana Well, if you go look at OpenSecrets, this amendment. The Democrats all Carvey’s George Herbert Walker Bush: which compiles campaign giving from know this. The Republicans all know ‘‘Not going to do it.’’ Who can forget 1989 to 2014, so for the past 25 years— this. Then why would they be doing it? Bill Clinton, Ronald Reagan, Al Gore? and it compiles them from the biggest Well, if you are a Democrat running Who can forget in 2008 the ‘‘Saturday givers down to the smallest givers—if for reelection in 2014, you cannot run Night Live’’ wickedly funny character- you look at first 16 names on that on the economy. The Obama economy ization of the Republican Vice Presi- list—I have heard what our Democratic is a disaster. Millions of people are out dential nominee Sarah Palin? It was Members of this body have said: There of work. The people who have been wickedly funny and also had a pro- are evil, nefarious Republicans trying hurt the most by the Obama economy foundly powerful effect on people’s as- to steal our democracy. And the impli- are the most vulnerable among us— sessment of Governor Palin, who is a cation is that they are backing Repub- young people, Hispanics, African Amer- friend of mine. licans. So my assumption is, as I look icans, single moms. We have not seen When I asked the Senator from Min- at the list of the top donors, the top such a low labor force participation nesota in the Senate Judiciary Com- 16—how many of them give predomi- since 1978, since the stagnation and mittee: Do you believe that Congress nantly to Republicans? Well, one would misery and malaise under Jimmy Car- should have the constitutional author- assume, given how great the magnitude ter. The Obama economy has recreated ity to prohibit ‘‘Saturday Night Live’’ is, that it has to be a lot of them, prob- that. So if you are a Democrat, you from making fun of politicians, the ably all of them, or if not all of them, cannot run on the disastrous economic good Senator promptly reassured me most of them—at least half of them. record of the Obama administration. he had no intention of doing any such Mr. President, do you know how If you are a Democrat, you certainly thing. But what we are debating is not many of the top 16 groups give pre- cannot run on ObamaCare—the most the intentions of 100 Senators. What we dominantly to Republicans? Zero. The harmful social services legislation in are debating is a constitutional amend- top 16 political donors in this country modern times that has cost millions of ment that 49 Democrats are proposing all give either overwhelmingly to Americans their jobs, their health care, to be inserted into the Bill of Rights. Democrats or at best evenly between their doctors. If you do not believe me, The only question—it is not the in- the two parties. You have to fall to No. take a look at how the Democrats are tention of those Senators—but, rather, 17 to find a group that gives more heav- running in their States. You do not see what would that amendment say? What ily to Republicans than to Democrats. Democrats running saying: We passed the amendment says is for any corpora- Now, that is curious given the story ObamaCare. When you take away mil- tion Congress would have the constitu- that is being told by our Democratic lions of people’s health care and doc- tional authority to prohibit it from en- friends about these evil Republican bil- tors, and when you look in the TV gaging in political speech.

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.078 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5418 CONGRESSIONAL RECORD — SENATE September 9, 2014 Well, NBC, which airs ‘‘Saturday and said: ‘‘In the entire history of the If the Democratic Party has its way, Night Live,’’ is a corporation. Under Constitution, we have never amended the Bill of Rights will be forever al- this amendment 49 Democrats have the Bill of Rights, and now is no time tered. We will have to send up work- signed their name to, Congress would to start.’’ men to that facade to carve with jack- have the power to make it a criminal Where are the Ted Kennedys? Where hammers the words of the First offense. Lorne Michaels could be put in are the Democrats? Where are the lib- Amendment out of the granite in the jail under this amendment for making erals? front of the Newseum. fun of any politician. That is extraor- Also in 1997, Senator Russ Feingold, In the Senate Judiciary Committee I dinary, it is breathtaking, and it is another passionate liberal, stood up introduced a substitute amendment. It dangerous. and said: was an amendment to replace every The idea of banning books is not new. . . . the Constitution of this country was word of this extraordinarily dangerous Advocates of government power, stat- not a rough draft. We must stop treating it amendment with the following words: ists, have long favored silencing the as such. The First Amendment is the bed- Congress shall make no law respecting an citizenry. It is why our First Amend- rock of the Bill of Rights. It has as its establishment of religion, or prohibiting the ment was such a revolutionary con- underpinnings that each individual has a free exercise thereof; or abridging the free- cept, the idea that the individual cit- natural and fundamental right to disagree dom of speech, or of the press; or the right of with their elected leaders. izen has the authority to challenge any the people peaceably to assemble, and to pe- elected official, from local magistrate I agree with Ted Kennedy, I agree tition the Government for a redress of grievances. all the way up to the President of the with Russ Feingold, and I will tell you, United States. privately I have urged Democratic col- It was word-for-word verbatim the But if you are an advocate of govern- leagues to come and join me in defense text of the First Amendment of the mental power, the citizens having the of the First Amendment—the handful Constitution of the United States, and liberty to speak out is inconvenient; it who have not put their names to this I am sorry to tell you every single Sen- can lead to inconvenient truths. So on amendment—and all I can surmise is ate Democrat on the Judiciary Com- some level it should not be surprising that the partisan pressures of Wash- mittee voted against the text of the that the modern Democratic Party, ington are too much. First Amendment. It was a straight which has become the party of govern- This amendment is not going to pass, party-line vote. ment power over every aspect of our but it is profoundly dangerous that in Going back to Senator Kennedy, Sen- lives, would take it to the final conclu- the U.S. Senate not a single Demo- ator Kennedy and I would have agreed sion of giving government the power to cratic Senator will come to the floor in on very little. On matters of policy, he silence our political speech and to ban defense of the First Amendment. It is was a big government man and I most books. profoundly dangerous that the modern assuredly am not. On matters of for- I am reminded, in Ray Bradbury’s Democratic Party now thinks it is eign policy, he supported a far weaker immortal book ‘‘Fahrenheit 451,’’ of good politics to campaign on repealing military than do I and a far weaker de- the words of Captain Beatty: ‘‘If you the First Amendment. The hashtag fense of our Nation. But on the ques- don’t want a man unhappy politically, #don’trepeal1A has echoed through tion of the First Amendment, I am don’t give him two sides to a question twitter as individual citizens are proud to stand side by side with Ted to worry him; give him one. Better yet, amazed. Kennedy. give him none.’’ That was, of course, Earlier this year we saw all 55 Demo- What does it say about the modern the chief fireman in charge of burning crats stand together against religious Democratic Party that not a single books in ‘‘Fahrenheit 451.’’ In the book liberty, supporting an amendment that Democrat is willing to honor Senator that is the temperature at which book would gut the Religious Freedom Res- Kennedy’s legacy? His words are every paper ignites. It breaks my heart that toration Act which was passed with bit as true now as they were in 1997. today we are seeing the Fahrenheit 451 overwhelming bipartisan support and In the entire history of the Constitution, Democrats. Today we have seen 49 signed into law by Bill Clinton. we have never amended the Bill of Rights, Democrats put their name to a con- It used to be on religious liberty and now is no time to start. stitutional amendment that would give there was a bipartisan consensus. The It is my plea to the Democratic Mem- Congress the power to ban books. same used to be true on free speech. bers of this body that they reconsider Some might dismiss it and say: What When did Democrats abandon the Bill the decision of putting their name on does it matter? It is an exercise in poli- of Rights? When did Democrats aban- this amendment. It may seem like tics. They do not really believe it. don civil liberties? I assure you, if it harmless election-year politicking that They know it is not going to pass. Poli- were my party proposing this egregious will help in political campaigns, but it ticians will be politicians. No wonder amendment, I would be standing on the is dangerous when 49 Senators come to- the American people are cynical. I floor of this Senate giving the very gether and say: We no longer support would be embarrassed if one Senator same speech trying to hold my party to the First Amendment. put his or her name to an amendment account. Because at the end of the day, We have a two-party system—a two- repealing the free speech protections of when we take our oath of office, it is party system on which there should be the First Amendment. Instead of one, not to a Democratic Party or the Re- robust debate. It is even more dan- it is 49. And much like with Sherlock publican Party, it is to represent the gerous when one of the two parties be- Holmes and ‘‘the dog that didn’t bark,’’ citizens of our State—in my case, 26 comes so extreme and so radical that it every bit as troubling as the 49 names million Texans—to fight for their becomes seen as good politics to cam- of the Senators who are willing to re- rights and to defend and uphold the paign against the First Amendment. peal the free speech protections of the Constitution of the United States. This will not pass this week, but I First Amendment are the Senators who There is nothing the United States hope my Democratic colleagues will are not speaking out. In particular, we has done in the just under 2 years that have second thoughts. I hope we can re- have not seen a single Democrat have I have been in this body that I find turn to the day where there is a bipar- the courage to speak out against this more disturbing and more dangerous tisan consensus in favor of civil lib- abominable provision. than the fact that 49 Democrats would erties, in favor of protecting the free It was not always so. There was a put their name to a proposal to repeal speech rights of every American. time not long ago when there was bi- the First Amendment. I hope we will listen to the wise partisan agreement on questions of When my daughters Caroline, 6, and counsel of Senator Kennedy, and I hope civil liberties. There was a time when Catherine, 3, came up from Texas to we will recognize, as Senator Kennedy you could find Democrats for whom the Washington for a weekend to visit, I and Senator Finegold observed, that First Amendment meant something. took them to the Newseum. It is a ter- there are no James Madisons or Thom- In 1997, Democrats attempted a simi- rific museum. The front facade of the as Jeffersons serving in this body lar amendment to give Congress the Newseum has in gigantic letters the today. power to regulate free speech, and that text of the First Amendment carved in The Bill of Rights is not a rough lion of the left Ted Kennedy stood up granite. draft, and the U.S. Senate should not

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.079 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5419 be proposing to repeal the First on campaign finance are undermining is completely inconsistent with Amer- Amendment. fair, democratic processes. ica’s Constitution, history, and values. I yield the floor. The Citizens United and McCutcheon I say that the First Amendment was The PRESIDING OFFICER. The Sen- cases also limit the ability of Congress alive and well before the Citizens ator from Hawaii. and the States to fix the problems United and the McCutcheon decisions. Ms. HIRONO. Madam President, lis- caused by these decisions. Why? Be- The constitutional amendment be- tening to the good Senator from Texas, cause the Supreme Court has decided fore us does not repeal anything in the I feel as though I am in a parallel uni- that unfettered spending in elections is Constitution; rather, it undoes the verse. a constitutional right. So the only way damage that five members of the Su- I rise to support S.J. Res. 19, an we can fix these wrong decisions is by preme Court have done to free and fair amendment to the U.S. Constitution amending the Constitution. elections. By the way, money buys that ensures our democracy is for the The Supreme Court’s majority claims speech, it is not speech. I urge my col- people—for the people, not for corpora- that allowing unlimited spending in leagues to support S.J. Res. 19. tions. elections is essential to protecting the I yield the floor. I am proud to cosponsor this meas- First Amendment, that unlimited The PRESIDING OFFICER. The Sen- ure. I am also proud to stand with the spending by corporations and individ- ator from New Mexico. Mr. UDALL of New Mexico. Thank overwhelming majority of this country uals is a constitutional right. you, Madam President. Let me first in support of restoring commonsense Guess what. Before the Supreme say how much I appreciate all of my and fair campaign finance rules. Court’s decision in Citizens United and colleagues coming to the floor and The current Supreme Court has been McCutcheon, the First Amendment and talking about this amendment. Sen- noted as among the most pro-corporate constitutional rights were alive and ator HIRONO is here. I know Senator Supreme Courts in our history. In deci- well. So the Court argued that restrict- WHITEHOUSE is coming down. A number sion after decision, a narrow conserv- ing campaign spending would limit the ative majority of the Court has placed of Senators have come down and spo- right of individuals and groups to par- ken very eloquently. The Presiding Of- the voices of the corporations and spe- ticipate in our democratic process— cial interests over the voices of the ficer has also taken a good strong posi- never mind that they have been par- tion and we so much appreciate all of people. ticipating in our democratic processes The Court decided Citizens United in her good work. before these decisions. An earlier speaker said that the 2010. Corporations are people with free In reality, these rulings institu- speech rights, said the Court’s 5-to-4 NAACP is against this amendment. In tionalize the power of Big Money in fact, the NAACP is for this amend- majority. Under this construct that politics at the expense of regular ment. corporations are people, this ruling, Americans. The Court’s decisions have I ask unanimous consent to have Citizens United, granted special inter- the effect of saying that in our democ- printed in the RECORD a statement off ests the right to use corporate treas- racy those with the most money should their Web page of their endorsement of uries to drown out the voices of the have the loudest voices and that the the constitutional amendment I am people without being subject to mean- very identity of those voices can be going to talk about. ingful disclosure requirements. hidden from the voters. The huge un- There being no objection, the mate- We have already seen the impact of disclosed expenditures that these deci- rial was ordered to be printed in the this decision. According to the Center sions allow have diluted the core prin- RECORD, as follows: for Responsive Politics, this election ciple of democracy: one person, one [From the NAACP.org] year outside groups have spent triple vote. CONSTITUTIONAL AMENDMENT TO LIMIT COR- the amount they had at the same time The vast majority of the American RUPTING ROLE OF BIG MONEY CONTRIBU- in 2010, and the election is still months people disagree with the Supreme TIONS TO POLITICAL CAMPAIGNS away. Court’s unprecedented interpretation S.J. RES. 19/H.J. RES. 20, WOULD MAKE CLEAR The Court thrust the floodgates even of the First Amendment. The Court has THAT CONGRESS, INDIVIDUAL STATES AND THE wider with the ruling in the left us with the option we are pursuing AMERICAN PEOPLE HAVE THE AUTHORITY TO McCutcheon case. This ruling struck today—amending the U.S. Constitu- MEANINGFULLY REGULATE CAMPAIGN FI- NANCE down aggregate limits on contributions tion. When the Supreme Court said by individuals. So now billionaires It is no secret that the role of money in that women did not have the right to politics is ever increasing, and that money could spend hundreds of millions of vote, Congress and the people passed dollars to influence elections—and they plays a major role in who stands for office, the 19th Amendment. So amending the who wins, and, most critically, the eventual are doing just that. Constitution to protect our democracy public policy Congress enacts. With the deci- In these two decisions, the majority is not some new or radical idea. When sions by the U.S. Supreme Court in the 2010 willfully ignored the reality of the cor- the Supreme Court said States could Citizens United v. Federal Election Commis- rupting influence of Big Money in our impose poll taxes on the poor, Congress sion (FEC) and 2014 McCutcheon vs. FEC democracy. It is clear to me that the cases, the role of big money, donated by and the people passed the 24th Amend- wealthy corporations and individuals, will Court got it wrong in both cases. To fix ment, and the list goes on. Why? Be- what has been done, Congress must act. only continue to grow. cause the Supreme Court is made up of Because it is becoming increasingly clear The need for action is not just a human beings, and as human beings that income and wealth inequality is rooted Democratic or Republican issue. Near- they sometimes get it wrong, as they in political inequality, the NAACP strongly ly 80 percent of Americans support did in the Citizens United and supports several legislative initiatives—in- overturning the Supreme Court’s Citi- McCutcheon decisions. cluding H.R. 20, the Government By the Peo- zens United decision. Campaign spend- As retired Justice John Paul Stevens ple Act, and S. 2023, the Fair Elections Now Act, which put voluntary curbs on campaign ing is out of control, and the American wrote in his dissent to Citizens United: people strongly support reform. Sev- spending. Together, these two bills are com- enty-one percent believe that indi- The Court’s opinion is thus a rejection of prehensive reform packages designed to com- the common sense of the American people, bat the influence of big money politics, raise vidual contributions should be limited, who have recognized a need to prevent cor- civic engagement and amplify the voices of and 76 percent believe that spending by porations from undermining self-government everyday Americans. outside groups should also be limited. since the founding, and who have fought Yet some have concerns about the vol- The American public is clear on this against the distinctive corrupting potential untary nature of these bills—candidates may issue. Only in Washington, DC, has this of corporate electioneering since the days of opt out of participating and adhering to lim- become such a polarized debate. Un- Theodore Roosevelt. its on the amounts raised and spent Thus, in checked and unaccountable, spending Justice Stevens has it right and so addition to supporting the legislation, the on campaigns impacts politics and pol- does the overwhelming majority of NAACP supports a constitutional amendment that would make clear that Congress, icy across the country, even at the Americans. Republicans, Democrats, individual states and the American people State and local levels. From Arizona to and Independents all agree that the have the authority to meaningfully regulate Montana to my home State of Hawaii, Court’s ruling in Citizen’s United and campaign finance and to restore trans- the Supreme Court’s extreme decisions McCutcheon stand for something that parency and safeguard the role of individual

VerDate Mar 15 2010 03:58 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.081 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5420 CONGRESSIONAL RECORD — SENATE September 9, 2014 voices in our elections. The constitutional gress, and to the States. We have a job to Congress, and to the States. That is amendment has been proposed by Senator to do, but the Supreme Court has ren- it, period. Tom Udall (NM) (S.J. Res. 19) and in the dered us powerless to do it. There is What is so terrifying about this? Not House of Representatives by Congressman one way to change this, one way for one thing, except for wealthy special Jim McGovern (MA) (H.J. Res. 20). interests that have their place at the Amending the Constitution is hard—and it real reform; that is, a constitutional should be. But it is not impossible. Already amendment. table bought and paid for and want to 16 states and hundreds of local governments That is what this debate is all about. keep it. That is the bottom line. They across the country have called on Congress The Supreme Court opened the flood- oppose any reforms, any restrictions on to take action, showing strong public sup- gates. The American people want us to campaign spending. They are listening port for reform from all sides of the political close them. too. Their message is very clear and spectrum. Furthermore, supporters of a Con- The Huffington Post published an ar- unyielding: No reform. None. They stitutional amendment have been promised a ticle yesterday titled ‘‘Is Washington want to keep writing their checks and vote by the full Senate on S.J. Res. 19 before The Only Place Where Campaign Fi- staying at the head of the table. the end of the year. nance Is A Partisan Issue?’’ The answer This debate is about special interests Mr. UDALL of New Mexico. Thank is yes. Poll after poll shows this. trying to buy elections in secret with you, Madam President. A strong majority of Democrats and no limits. The Supreme Court says Some of our opponents have come Republicans outside of Washington that is just fine. We say, no, in fact, it down to the floor and asked: Why do want reform, Republicans such as my isn’t. Our amendment has a long bipar- this now? Why bother? I would answer: good friend former Senator Al Simpson tisan tradition back to 1983 when Sen- Ask the American people. I think they from Wyoming. Yesterday The Hill ator Ted Stevens, a Republican, was will tell you. People are listening—not published an op-ed that Al and I wrote the lead sponsor. It is common sense. It just Democrats but Republicans too— together. As most people know, he has is fair. We do not dictate specific reforms. all across the Nation. They are listen- always been someone to speak his We do say Congress has a duty and a ing and here is what they are hearing. mind. When Al edited our draft he They are hearing that the Supreme right to enact sensible campaign fi- added that ‘‘the playing field in our de- nance reform. Any specific proposals Court has put a for sale sign on our mocracy is far from level, and that is elections. They are hearing our polit- are debatable and answerable to the driving cynicism, disgust, and mistrust American people. This amendment has ical process is on life support, drowning of the political process to dangerous in cash, and most of it coming from the support of most Americans because levels.’’ they understand beyond all the noise, just a few people. Sadly, he is right. It is time for us to Sixty percent of all super PAC money beyond all the tortured logic of our op- listen to our constituents. Over 3 mil- ponents that we have a train wreck and in 2012 was doled out by 100 billionaires lion people have signed petitions in and corporations. They are hearing we need to get the train back on track support of a constitutional amend- before yet another scandal, before we about elections bought and paid for by ment. There are 16 States, over 550 cit- shadowy outside groups given a green are back in the Watergate era. ies and towns pushing for reform, de- The voice of Americans should not be light by the Supreme Court. Special in- manding a more level playing field and drowned out by billionaires lobbying terests are shelling out at least $216 fairness, including 75 percent of the for favors, hiding in the corner with million in 2014 and likely $1 billion by voters in Montana, a State where Mitt gold-plated megaphones. It is time to election day. That is 15 times more Romney won by a 10-point margin. So limit the power of Big Money, to give money than in 2006 before Citizens this is a partisan issue only in Wash- everyone a say, not just the rich, not United, before the Supreme Court de- ington and in the backrooms of billion- just the powerful—everyone. fied common sense and said corpora- aires determined to keep the money Americans are listening, they are tions are people. They are hearing that flowing and the influence intact. watching, and they are waiting because a lot of money is hidden when over half So opponents have ramped up the they know and we know a simple truth: the money spent in this year’s top nine noise and distraction about the First We cannot hand over our democracy to Senate races is not fully disclosed, over Amendment and free speech. I would the biggest spender. half not fully disclosed. So in 2 months not lose any sleep about billionaires Thank you, Madam President. we will know the outcome of these and their free speech, but a lot of us I ask unanimous consent to have elections, but we will not know who are up late nights thinking about the printed in the RECORD the op-ed I men- paid for them. rest of America. tioned authored by myself and Senator The result is not surprising. The As Justice Breyer wrote in his dis- Simpson and that the Huffington Post American people have lost faith in us sent to McCutcheon, ‘‘Where enough article I referenced be printed in the as they watch this merry-go-round, money calls the tune, the general pub- RECORD. this constant money chasing, and very lic will not be heard.’’ Too many Amer- There being no objection, the mate- little else getting done. This is a vital icans feel they are not being heard. The rial was ordered to be printed in the debate about what democracy we will First Amendment has already been hi- RECORD, as follows: have and whether democracy will sur- jacked. Our amendment rescues it. [From thehill.com, Sept. 8, 2014] vive. Will we have one that caters to Congress has a long history of regu- BIPARTISAN CASE FOR A CONSTITUTIONAL billionaires and the privileged few or lating campaign finance, of doing its AMENDMENT ON CAMPAIGN FINANCE one that listens to the American peo- job and standing up to Big Money and (By Sen. Tom Udall (D–N.M.) and former ple; one that keeps chasing money powerful interests. We can go all the Sen. Alan Simpson (R–Wy.)) from special interests or one that says way back to 1867, and later with the Following recent U.S. Supreme Court decisions dismantling our nation’s campaign fi- it is the quality of our ideas, not the Pendleton Act, the Hatch Act, the Bi- nance laws, all Americans are certainly not size of our bank accounts, that should partisan Campaign Act of 2002—a long equal on Election Day. With 5–4 split deci- matter; a democracy that answers to history and I would argue an honorable sions, the court has given corporations the the middle class or to the moneyed one, and without banning books, sup- ability to spend unlimited money to per- class? pressing teachers, suppressing preach- suade voters, and also declared limits on This debate is crucial. This debate is ers or shutting down newspapers. Re- large donations to be the equivalent of in- fringement on speech. The result is an elec- absolutely crucial to the future of our forms have been modest, reasonable, toral system in which a billionaire can influ- country, and I believe the American and responsive, passed by both Houses ence elections across the country, while reg- people are not only listening, they are of Congress, signed by the President. ular voters have just one shot—by casting a demanding to be heard, because every The other side can talk about imagi- single ballot. voice counts, and that is why the ma- nary horribles. That is one way to go. This is surely not the equality as envi- jority of Americans support reform. But that argument is not supported by sioned by our founders, who would be ap- palled by corporate spending in elections and They know the system is broken. history, by logic or by the law. Our unlimited personal donations by billionaires. There is only one way to truly fix it. amendment is not radical. It is a sim- The solution is to clarify the Constitution so Give power back to the elected rep- ple idea. It will give power back to the that the people may decide how, when and resentatives of the people, to the Con- elected representatives of the people, why to regulate campaign finance. This

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.023 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5421 week, the Senate will vote to begin debate porations. After the McCutcheon decision be seen at the state and local levels. The pro- on a constitutional amendment which now wealthy donors can, and many will, con- amendment group Free Speech For People has the support of nearly half the Senate, 16 tribute up to $3.6 million in an election has compiled a list of 137 current and former states and over 550 municipalities, including cycle. For an average person making min- state Republican officials who support an large cities like New York, Los Angeles, Chi- imum wage, it would take 239 years to make amendment to enhance limits on campaign cago and Philadelphia—all of whom are sick that much money. The playing field in our finance. of out-of-control spending in elections and democracy is far from level, and that is driv- This list includes a number of Republican disturbed at the direction the court has ing cynicism, disgust and mistrust of the po- officials who voted for resolutions in support taken. litical process to dangerous levels. of an amendment to overturn Citizens The original and honest intent of our cam- Over the course of our Senate careers, United and establish other limits to campaign finance laws is to rein in the culture of spending on campaigns has gotten out of paign finance. Overall, 16 states have backed money in politics and ensure that a few do- control. According to a joint study by resolutions calling for an amendment. nors can’t buy an election by spending to Brookings and the American Enterprise In- In Colorado and Montana, the resolutions benefit one candidate over another. They are stitute, outside groups spent $457 million to were sent to the electorate as ballot initia- rooted in the public’s disgust with political influence Senate and House races in 2012. In tives in 2012. In both states—one a tossup in corruption. Yet the court’s rulings indicate the 1978 election, when Senator Simpson was presidential elections, the other solid red— we are headed back to that pre-Watergate first elected, outside groups spent only more than 70 percent of voters approved the era of corruption. We were troubled that $303,000. There is a deeply troubling trend resolutions. In both states, the amendment Chief Justice Roberts wrote in the here, and we cannot let it continue. outpolled both President Barack Obama, the McCutcheon decision that quid pro quo cor- Amending the Constitution is difficult—as victor in Colorado, and Mitt Romney, who ruption—bribery—is the only sufficient jus- it should be—but it is long past time to have won Montana. tification for Congress to pass regulations. an honest and thoughtful national dialogue Mr. WHITEHOUSE. Madam Presi- As a result, we are likely to see new chal- about our broken electoral process and how dent, may I ask that at the conclusion lenges against laws that limit the amount an we voters can fix it. of Senator WALSH’s remarks I be recog- individual may contribute to a candidate, or laws prohibiting contributions to candidates [From the Huffington Post, Sept. 8, 2014] nized? The PRESIDING OFFICER. Without from corporations. The largest corporations IS WASHINGTON THE ONLY PLACE WHERE objection. are multi-national organizations worth hun- CAMPAIGN FINANCE ISAPARTISAN ISSUE? The Senator from Montana. dreds of billions of dollars and the Supreme (By Paul Blumenthal) Court is leaving us with no way to set rea- Mr. WALSH. I rise to speak in sup- WASHINGTON.—The Senate voted Monday sonable standards. port of S.J. Res. 19, a constitutional to debate a constitutional amendment over- McCutcheon is the most recent case, but amendment that would give both there is a history of the court narrowly overturning the Supreme Court’s 2010 Citizens United decision and allowing Congress and States and Congress the power to undo turning reasonable campaign finance laws. the damage caused by Citizens United In 2010, Citizens United v. FEC gave free the states to enhance limits on the amount speech rights to corporations and special in- of money raised and spent in elections. The and restore our Democratic traditions. terests. But this problem goes all the way proposed amendment is nearly universally Passing this amendment is vital if we back to 1976, when the court held in Buckley supported by Democrats and opposed by Re- are going to begin to roll back the co- v. Valeo that restricting independent cam- publicans. ercive influence of money in our de- paign expenditures violates the First Amend- Division over the role of money in politics, mocracy. Because of the Supreme ment right to free speech. In effect, the court however, is far less severe among the broader Court’s decision in Citizens United, po- said money and speech are the same thing. populace. In fact, the majority of Americans in both parties say they think there is too litical power has become increasingly This is tortured logic that leads to an un- concentrated in the hands of corpora- acceptable result—that a citizen’s access to much big money in politics and support the a constitutional right is dependent on his or rationale offered by amendment proponents tions and modern-day copper kings. In her net worth. A result that says the as a reason to amend the Constitution. fact, less than 1 percent of Americans wealthy get to shout, but the rest of you The amendment up for Senate debate provide over two-thirds of the money may only whisper. would roll back Supreme Court rulings on spent on elections. The voices of every- The constitutional amendment would campaign finance from the 1976 Buckley v. day Americans are simply being si- make it clear that campaign finance regula- Valeo decision that first applied First lenced. tions are up to voters who elect Congress and Amendment free speech protection to money In Montana we have seen firsthand raised and spent in elections. That decision state legislatures. It would not dictate any the damage to the process. Turn-of-the- specific policies or regulations, but instead allowed Congress to limit contributions, but would protect sensible and workable cam- held that spending limits were a burden on century mining companies made rich paign finance laws from constitutional chal- spenders’ free speech rights. off the copper seams in Butte, MT, my lenges. Americans appear to broadly disagree that hometown, bought up the State press Critics have claimed that the amendment money used in political campaigns should be and bought off the State legislature. In would repeal the First Amendment’s free protected by the First Amendment. response to these abuses, Montana speech protections. But it does the exact op- In February 2013, 55 percent of respondents to a HuffPost/YouGov poll said they did not banned corporate political spending by posite—the proposal is an effort to restore citizen initiative over 100 years ago. the First Amendment so that it applies consider ‘‘money given to political can- equally to all Americans. When a few billion- didates to be a form of free speech protected However, the recent Supreme Court’s aires can drown out the voices of millions of by the First Amendment to the Constitu- Citizens United decision overturned Americans, we can’t have any real political tion.’’ Just 23 percent agreed that campaign this century-old protection in an in- debate. contributions were a form of free speech. stant, silencing Montanans’ voices The amendment would not simply benefit That poll touches only on the issue of cam- with dark, secretive money and cor- one party or incumbent. It is similar to bi- paign contributions. The main issue sup- porate political spending. porters of the constitutional amendment partisan proposals introduced in nearly Montana’s experience with the Butte every Congress since 1983, when Republican have with the Buckley decision and subse- Sen. Ted Stevens (Alaska) was the lead spon- quent court rulings is the full free speech copper kings shows that corporate po- sor. Over the years, it has been supported by rights granted to campaign spending. litical spending, even if it is supposedly many Republicans, including Sens. John A Gallup poll taken in June 2013 found that independent, corrupts the political McCain (Ariz.), Thad Cochran (Miss.), Arlen 79 percent supported limiting both the process. We cannot let anonymous, un- Specter (Pa.), and Nancy Kassebaum (Kan.), amounts politicians can raise and the accountable corporate spending drown as well as many Democrats. amounts they can spend. This was supported out the voices of everyday Americans. In April, retired Supreme Court Justice at almost equal rates by Democrats, Repub- When the voices of individual voters John Paul Stevens said in his testimony be- licans and independents, and in every part of fore the Senate Rules Committee that cam- the country. become less relevant to politicians, paign finance regulations ‘‘should create a There also are a handful of polls commis- policy decisions are divorced from the level playing field . . . to give rival can- sioned by groups campaigning for the amend- folks they impact. didates—irrespective of their political party ment that asked more specific questions. In We simply cannot allow a dysfunc- and incumbency status—an equal oppor- one such poll, the reform group Public Cit- tional system of campaign finance to tunity to persuade citizens to vote for izen released findings in August showing 55 eliminate our government’s responsive- them.’’ Most Americans would agree with percent in support of a constitutional ness to its citizens or its ability to tax Justice Stevens. However, until the Con- amendment to overturn the Citizens United our most pressing issues. Montana’s stitution is amended, such laws would be decision. Support topped so percent for struck down by the current court. Democrats, Republicans and independents. history should be learned from, and it The national debate should not be dictated The divide between Republican voters and is our responsibility to ensure it never by a handful of wealthy individuals and cor- their representatives in Washington also can happens again.

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.027 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5422 CONGRESSIONAL RECORD — SENATE September 9, 2014 That is why this amendment is so were not keeping him busy enough, he Well, on climate change we are fi- important to the American people. In managed to find the time to publish a nally leading the way thanks in large 2012 Montana voters overwhelmingly peer-reviewed article over the summer part to President Obama’s Climate Ac- directed the congressional delegation in the prestigious journal Nature on tion Plan and Secretary Kerry’s pas- to work to overturn Citizens United to the climatic conditions surrounding sionate efforts. Yet they criticize the get corporate money out of politics. I the origination of the Antarctic ice Obama administration’s leadership on have heard from thousands of Mon- cap. climate change because other coun- tanans that they want Congress to Aaron said this week as he left that tries, such as China and India, are also refocus on issues that are important to he gained a sense of humor working big carbon emitters. So Republicans them, to come together and to do our here, which is probably fitting for a want America to lead except on cli- jobs. Passing this amendment will help scientist having to deal with this body mate change. On this one issue they us do just that. in its present state. would prefer to await leadership from Thank you. I yield the floor. I gained the benefit of Aaron’s hard China or India. How convenient that is The PRESIDING OFFICER. The Sen- work and gracious spirit, and the Sen- when you think of all the polluter ator from Rhode Island. ate and the American people gained the money funding the Republicans and Mr. WHITEHOUSE. Madam Presi- benefit of Aaron’s passion for bringing how badly out of step with America. dent, before I given my ‘‘Time to Wake the best scientific thinking to address Just look at the numbers. A recent Up’’ speech, I want to react to some- our greatest challenges. Wall Street Journal poll showed—not- thing that was said on the Senate floor Aaron is now taking his talents to withstanding years of relentless pol- about this joint resolution to correct the Department of Energy, where he luter propaganda—that 61 percent of the error of Citizens United. What was will continue to help our government Americans agree that climate change said on the floor was that the position tackle these important questions. I am is occurring and that action should be of those of us who support this joint grateful for his service in my office and taken, and 67 percent of Americans resolution and who think Citizens wish him the best success. support the administration’s proposed United was wrongly decided, that our CLIMATE CHANGE rule to limit carbon pollution from position is an attack on the First The 113th Congress is now winding powerplants. Amendment, that we are attacking the down, an election is upon us that will Here is my personal favorite: A sur- First Amendment. That may have decide the makeup of the next Con- vey conducted for the League of Con- some rhetorical utility, but it is simply gress, and I am here for the 77th time servation Voters found that more than not accurate. to say it is time for my Republican col- half of young Republican voters—to be The very question we are here to an- leagues to wake up to the threat of cli- specific, 53 percent of Republicans swer is whether the First Amendment mate change both for the good of our under the age of 35—would describe a properly allows unlimited corporate country and our world and ultimately politician who denies climate change is spending. It never did. It never did for the good of their own party. No po- happening as ‘‘ignorant,’’ ‘‘out of until Citizens United came along. So litical party can long remain a credible touch,’’ or ‘‘crazy.’’ That is the young the question before this body is, Was force in our democracy if their position Republican view of the Republican po- Citizens United correctly decided? on one of the defining threats of our sition on climate change. To say we are attacking the First time is to deny its existence or to plead On September 21 thousands of con- Amendment is to presume that Citi- total ignorance about it. ‘‘I am not a cerned Americans will converge on New zens United was correctly decided. You scientist,’’ some have begun to say. York City for what will be known as don’t win an argument by presuming Well, when it comes to interfering with the People’s Climate March. Organizers you are right; you win an argument by women’s rights, they don’t say, ‘‘I am expect that as many as half a million making the case why you are right. people will take part in this historic Frankly, I have great reverence for not a gynecologist.’’ But when it is carbon pollution, they say, ‘‘I am not a citizen action to call attention to the the First Amendment, and I think it is global crisis of climate change. extremely unfortunate that an argu- scientist.’’ Some would say that if you are not a scientist, all the more reason However you look at it, the Amer- ment would be made that is really ican people are sending a message loud nothing more than a rhetorical trick to listen to the scientists. Look at what the scientists are say- and clear: They want responsible lead- and does not respond to the gravamen ership on carbon pollution. What is the of the dispute, which is whether the ing today. The top person at the World Meteorological Organization, which Republican answer? Well, look at the First Amendment should protect un- House. Given control of the House, Re- limited corporate spending when in the knows a little bit about this area, just said: publicans have already forced over 100 history of this country—until the deci- votes to undermine the EPA. That is sion by Citizens United—it never had. We know without any doubt that our climate is changing and our weather is becom- even more times than they have voted TRIBUTE TO AARON GOLDNER ing more extreme due to human activities to repeal ObamaCare. Before I continue, I wish to express such as the burning of fossil fuels. PAUL RYAN, the Republican chairman my gratitude to Dr. Aaron Goldner. He Here is the point: ‘‘I am not a sci- of the House Budget Committee, said has been instrumental in helping me entist’’ is not the stance of a party last week that the Republican strategy research and prepare the ‘‘Time to that is ready to lead; it is the stance of next year will be to send the President Wake Up’’ speeches, and his fellowship a party that is beholden to polluting bills they know he will veto, including in my office came to an end yesterday. interests, petrified of losing the mil- approval of the Keystone XL tar sands Aaron earned his Ph.D. in Earth, at- lions in polluter campaign spending crude pipeline, and thereby create mospheric, and planetary sciences at supporting their candidates. ‘‘shutdown by veto.’’ Purdue University. He came to my of- Over here in the Senate, our Repub- We have heard over and over during fice as an American member of the lican leader already threatens—if the the last 6 years that Republicans want Geophysical Union Congressional Republicans win the Senate—to force President Obama to lead. It is a famil- Science Fellow, whose research spe- onto key legislation what he called ‘‘a iar chorus: ‘‘It is time to lead.’’ ‘‘Where cialty was the development of sophisti- lot of restrictions on the activities of is the leadership?’’ ‘‘Why isn’t America cated models to help build greater un- the bureaucracy.’’ Gee, what agency leading?’’ derstanding of the past, present, and could he possibly mean? The threat is One of my Republican Senate col- future effects of carbon pollution on plain: Give the Republicans polluter- leagues put it this way: our climate. backed, anti-environment legislation He lent his considerable scientific ex- Every American can agree that the light of or they will shut down the government. pertise and analysis to these floor peace and liberty would benefit our world. But who will spread it if not America? There Again. This is the Republican version speeches. He also did research for legis- is no other Nation that can, and that is why, of leadership. lation and prepared for hearings in the despite the challenges we face here at home, What about out on the campaign Environment and Public Works Com- America must continue to hold this torch. trail? Republicans in Congress ignore mittee. Since we apparently somehow America must continue to lead the way. the public’s call for climate action, but

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.086 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5423 are Republican candidates out there the polluter political lifeline to the Re- out. But no matter how much money listening to the people or are they lis- publican Party. the polluters pour into the Republican tening to the polluters led by the infa- A lot of blame here attaches to the Party, even a Republican Senate can- mous Koch brothers? Look at how Republicans’ confederates on the Su- not repeal the laws of science—of phys- much money the polluters are spending preme Court—the five Republican-ap- ics, of chemistry, of oceanography. on Republicans and take a wild guess. pointed Justices who kicked open the If they win the Senate, it is not just News flash: They are not listening to floodgates of corporate special interest going to be time for them to wake up, the people. spending for Republicans in the disas- it is going to be time for them to grow The Republican nominee for Senate trous Citizens United decision in Janu- up. Being in the majority means rein Iowa has said of climate change: ary of 2010. With Citizens United in sponsibility, not just obstruction and ‘‘I’m skeptical. It’s been changing since their pocket, the polluters went right mischief. Being in the majority means the dawn of time. I’m not going to to work. answering your country and the world, blame it . . . on the human race.’’ By the 2012 election cycle, the Wash- not just your polluter funding base. In New Hampshire the leading Repub- ington Post and the Center for Respon- Being in the majority means hearing lican Senate candidate recently said sive Politics determined that a donor the vast majority of Americans who that he does not believe manmade cli- network organized by the Koch broth- want U.S. leadership on climate mate change has been scientifically ers spent $400 million to influence that change, not telling voters the problem proven. Never mind that the under- election. This graphic shows the com- doesn’t exist or that America should lying science was first measured back plex apparatus the Koch brothers used abdicate any responsibility for forging when Abraham Lincoln was President. to pull those political strings. an international solution. In North Carolina the Republican In the 2014 election cycle, the govern- Our Republican colleagues will dis- nominee has referred to climate change ment accountability group Common cover, if they don’t know it already— as ‘‘false science.’’ Cause has tallied over $34 million in po- and many do know it already—that Well, in the last year I visited Iowa litical donations already from 30 of the former Senator and Secretary of State and New Hampshire and North Caro- country’s largest oil, gas, coal, and Hillary Clinton was right when she re- lina, and I saw firsthand how climate utility corporations. That does not in- cently called climate change the ‘‘most change is already affecting those clude the dark money fossil fuel cor- consequential, urgent, sweeping collec- States. I heard over and over deep con- porations have given to political tion of challenges we face as a nation cern about climate change. I heard groups which do not disclose their do- and a world.’’ about cold-weather sports and tourism nors—groups such as the American Pe- Secretary Clinton went on to say: threatened by warming temperatures troleum Institute, the U.S. Chamber of The data is unforgiving no matter what in New Hampshire. I heard about crops Commerce, the Koch brothers own so- the deniers try to assert. . . . If we come together to make the hard choices, the smart threatened by shifting weather pat- called Americans for Prosperity orga- investment in infrastructure, technology and terns and about how a booming wind nization, or the secretive identity- environmental protection, America can be power industry has emerged in Iowa. In laundering machine known as the Do- the clean energy superpower of the 21st cen- North Carolina I heard about homes nors Trust. We don’t know how much tury. . . . This is about our strategic posi- and businesses and even air bases these groups have actually raised or tion in the world, this is about our competi- threatened by rising seas. spent on election activities, but the tiveness, our job creation, our economic If you doubt me, go to the State uni- Koch network is expected to spend growth as well as dealing with a challenge versities in Iowa and New Hampshire that we ignore at our detriment and our nearly $300 million on the 2014 midterm peril. and North Carolina. They are not deny- elections. ing it. They are actively working on The Center for Public Integrity re- So the choice for Republicans stands before them: America as a clean energy and warning about climate change. ported last week that the Koch broth- superpower, leading the world, or Iowa State has an entire climate ers are sponsoring 10 percent of all ads America bedeviled with polluter-fueled science program and wants to be a in competitive Senate races. That is political gridlock and climate denial. ‘‘leader in the science of regional cli- more than 43,900 Senate ads between Their choice so far is obvious. mate change.’’ The University of New January 2013 and last month. Ameri- I yield the floor. Hampshire scientists told me about the cans for Prosperity alone—that Koch The PRESIDING OFFICER. The Sen- danger to New Hampshire’s iconic brothers organization—sponsored 27,000 ator from Kansas. moose from tick infestations because ads. That is one in every 16 ads in all Mr. ROBERTS. Madam President, I of climate change. Researchers from Senate races this cycle. And, of course, wish to return to the discussion of the the University of North Carolina, Duke those polluter-funded ads make up way constitutional amendment to restrict University, and North Carolina State more than 10 percent of just the Repub- speech. I made considerable comments took me out on a research vessel to see lican ads. Why is that? Because the yesterday, and there are some other firsthand the effects of climate change focus of this apparatus is on Repub- comments I feel should be said about on North Carolina’s shoreline. The licans, on buying and co-opting the Re- this—probably a dozen or more things. home State universities are clear; it is publican Party as the polluters’ polit- However, I wish to return to that dis- just the polluter-funded candidates ical instrument. cussion. who are denying. The numbers are staggering. Let’s be We have heard a lot in this debate It is the same story across the coun- clear about one thing: Their intention about commercials. Everybody is con- try. Republicans running for the Sen- is not to add to constructive debate on cerned about commercials—those 30- ate, from Alaska to Georgia, from Col- carbon pollution and climate change. second ads that are driving everybody orado to West Virginia, question or The polluters are determined to silence crazy, that everyone wants taken off outright deny the established climate meaningful debate on the catastrophic the air, and that we want to regulate science. Figure it out. Do the math. effects of their carbon pollution, and it and restrict and punish. We don’t like There is overwhelming consensus is working. There was a lot of Repub- them. No one likes them. We want to among knowledgeable scientists that lican activity on climate change until make them go away. climate change is real and being caused January of 2010 when Citizens United Well, let’s forget about the commer- by humans. Denying that fact serves was brought down. And after that, we cials for just a second. Let’s talk about the economic interest of a narrow can’t find carbon pollution activity on the show. Does anybody watch the group of big-spending polluters, and the Republican side. They have been show? It sometimes seems as though the polluters are spending vast for- buried in the threats and the promises the only thing on TV that my col- tunes to support climate deniers. of that polluter funding. leagues care about are the commercials Senate Republican candidates even Well, climate denial may work for about themselves. But there actually attended a secret retreat organized by Republicans in the short run if it keeps are other things on TV. There are ac- the Koch brothers earlier this year and wide open that spigot of polluter tual programs that fill up the time be- praised the Kochs’ political network money that is funding Republican can- tween the commercials. Let’s talk for helping to support their campaign— didates. We will see how that works about those.

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.088 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5424 CONGRESSIONAL RECORD — SENATE September 9, 2014 There is, of course, all sorts of pro- My colleagues do not have much to just because we don’t like what they gramming on television: sports, mov- worry about when it comes to program- are saying. ies, sitcoms, reality shows. Pretty ming about Hillary Clinton. I don’t Elections can’t be bought. Voters much everything—and I mean every- think they need to worry about the will decide who wins them. They will thing—is on TV now. show. They know there are a small make that decision based on what they There are a lot of politics on TV. The number of conservative film makers think of the candidates, and what they politics come in a range of formats. It who will attack her and whatever they think will be based on what they see comes unvarnished on C–SPAN. It is produce is unlikely to reach a wide au- and hear of the candidates. Then they delivered through news and com- dience. will vote. When they do so, their vote mentary on cable channels. It is sati- On the other hand, there is a huge will be equal to that of every other cit- rized and made fun of on the late night multitude of liberal film producers, di- izen. It doesn’t matter how rich they shows. It appears in documentaries and rectors, and writers who like—if not are or what they do for a living or feature films. love—Hillary Clinton and want to see whether they even have their own TV The Citizens United case itself was her get elected to the Presidency, and show or never even watch TV. Every the result of a political film—a film they will do whatever they can to help citizen gets one vote. about Hillary Clinton. During the liti- her achieve that goal. As they make their decision about gation there were arguments over Secretary Clinton’s recent book tour how we are going to cast it, we need to whether the film and its advertise- provided a good preview of the kind of make sure they are able to hear all ments could be treated as ‘‘election- programming we can expect to see voices. That is what the First Amend- eering communications’’ and, there- more of should she decide to run for ment does. It ensures that all voices fore, regulated and restricted by cam- President. And luckily for her, there have the right to be heard, and we paign finance laws. In rendering its de- are plenty of television personalities don’t need to change it to make that cision, the Court properly saw, in my who will help her sell herself to Ameri- happen. view, the film for what it was: An en- cans, not just her book. Those who are pushing this constitu- couragement for people to vote against For example, one recent appearance tional amendment don’t want more Hillary Clinton. This is what the Court on the Stephen Colbert show was clear- voices to be heard, they want less. said in its holding: The movie, in es- ly designed to soften her image. In an There should never be any confusion sence, is a feature-length negative ad- extended segment that could be seen as about the intent of this constitutional vertisement that urges viewers to vote either amusing or nauseating, depend- amendment. It is to allow this major- against then-Senator Clinton for Presi- ing on your perspective, Colbert con- ity to pass laws that will silence their dent. In light of this historical footage, ducted a phony interview designed to opponents and ignores all the pious interviews with persons critical of her, show his viewers how smart and funny claims about the grand intent to recog- and voiceover narration, the film Hillary Clinton is. nize it for what it is—a cynical at- would be understood by most viewers Of course, Colbert can do whatever he tempt to protect themselves from criti- as an extended criticism of the Sen- wants with his show. No one questions cism. ator’s character and her fitness for the that. But it should be obvious that the Don’t be fooled. Office of the Presidency. The narrative show amounts to a corporate-financed The PRESIDING OFFICER. The Sen- may contain more suggestions and ar- and political expenditure. Everything ator from Ohio. guments than facts, but there is little on the show—the studio, the host, the Mr. BROWN. Madam President, one doubt that the thesis of the film is that equipment, the writers, the director, man, one woman, one American, one she is unfit for the Presidency. the cameraman—everything is paid for vote—that is what the writers of our Then the Court went on to say: by a corporation. Is there anyone in Constitution put in the Constitution— The narrator reminds viewers that Ameri- the Chamber who thinks that a cor- not one corporation, one vote. cans have never been keen on dynasties and poration doesn’t have the right to do What I hear on the Senate floor that a vote for Hillary is a vote to continue that? Of course not. They like the today and yesterday from those can- 20 years of a Bush or a Clinton in the White show. And those on the other side know didates who seem to rely on corporate House. they can expect all sorts of similar pro- money, who are the beneficiaries of a Then the Court found this: gramming in the months and years showering of—not thousands, not tens There is no reasonable interpretation of ahead. That doesn’t bother them. of thousands, not hundreds of thou- Hillary other than as an appeal to vote But the commercials are a different sands, not millions—tens of millions of against Senator Clinton. The film qualifies story. What if someone wanted to buy dollars, candidates who benefit from as the functional equivalent of express advo- a 30-second ad during the show to the showering of tens of millions of cacy. present an alternative perspective. dollars for their campaigns, what they Having made that determination, the Well, we can’t have that, can we? That are saying on this Senate floor is al- question then becomes, Should the gov- would be intolerable. It would present most laughable. ernment be able to prevent it from a threat to our democracy. We have to It would be laughable if it weren’t so being seen? The court held the answer amend the Constitution to prevent serious. It would be laughable if it to that question was no and struck that. The absurdity is evident. didn’t contribute to the corruption of down as unconstitutional the laws that My colleagues on the other side of this institution, of this government of would prevent or constrain the dis- the aisle think our First Amendment which we are so proud—‘‘of the people, tribution of the film. allows one sort of programming to by the people, for the people’’—one My colleagues on the other side want have unrestricted and unhindered ac- man, one American, one vote. those laws to be put back in place. cess to the media, while other sorts With Citizens United, with They believe the government should be must be limited and constrained. I sub- McCutcheon the Supreme Court has ef- able to control the content, the financ- mit that is preposterous. fectively ruled the more money you ing, the distribution of films that ref- In our system of government, all have, the more influence you have over erence candidates for office, and they voices have the right to be heard. The our democracy. are pushing this constitutional amend- First Amendment gives them that When what I hear from the other ment to make that possible. right. There is so much nonsense in side—again, those who are the bene- Now, we can expect there will be a this debate about buying elections and ficiaries of the millions, of the tens of lot more about Hillary Clinton on TV drowning out voices. We have a system millions of corporate dollars, often over the next couple of years. Some of that allows all voices to be heard, even Wall Street, often oil companies, often it will be favorable and some of it will those that oppose the majority. That is big drug companies, often big tobacco be unfavorable. Thanks to the Citizens not the antithetical to democracy; it is companies—when they come to the United decision, the government won’t the essence of democracy. floor and plead, they are pleading in be able to control what is said about So it is time, it seems to me, to stop many ways that the supporters of this her or any other potential candidate pretending that allowing more voices constitutional amendment are restrict- for the presidency—either party. to be heard somehow poses a danger ing the right to free speech. I agree.

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.089 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5425 Whether it is the Koch brothers, about: Well, we lost in Congress. They spending: one man, one woman, one whether it is the Big Tobacco execu- actually passed a bill that Wall Street American. tives, they should get one vote. wasn’t wild about. They actually This amendment grants Congress the But when they can spend millions passed a bill that the largest financial authority to regulate and limit the and millions of dollars and shower institutions were not particularly raising and spending of money. We are some of my colleagues with this kind happy about, but they knew they could not shutting anybody off. Anybody can of corporate money to get their way, use their lobbying, and they have thou- still give fairly significant amounts of we know what is happening in this sands of lobbyists in this town. money. But we do know—do the math. country. We know for the richest 1 per- They have a number of lobbyists for After the McCutcheon decision, donors cent of this country incomes have every Member of Congress. They knew can now contribute up to $3.6 million grown and grown, gone up and up. they could use their lobbying force. an election cycle. We know for the broad middle, for They knew they could use the politi- I don’t know for sure, because I have the bottom 90 percent, for the middle, cians they had—I won’t say people here not met most of the 300 million people for the great majority of people in this were bought, but you might suggest in our country, but I don’t think there country, their wages have been flat. they are on a long-term lease in some are all that many that have the where- No, they have actually been worse than cases. They were suggesting just the withal financially to contribute $3.6 flat over the past 20 years. threat of spending money. million. But I also know—because my The wealthy are getting extraor- So if you cast a vote in this institu- staff did the math on this one, I ac- dinarily wealthy, extraordinarily tion next week, let’s say, on a con- knowledge—the average person making wealthier. The middle class, even sort troversial issue, we know a couple of minimum wage at $7.25 an hour—and, of the upper middle class—let alone things. You know you should do the parenthetically, the same people who those who are making minimum wage right thing. You know what your con- love McCutcheon love the millions of or making $15 an hour, their wages stituents back in Florida, Massachu- dollars spent, showered on us from have been stagnant or worse. setts or Ohio are saying, but you also Wall Street or against us from Wall One reason for that is—the Presiding know one other thing. You know if you Street, from Big Tobacco or from Big Officer from Massachusetts has spoken cast a vote that Wall Street might not Oil. Those same people are stopping the out about this nationally over and over like, if you cast a vote that Big To- minimum wage from being increased. again—one of the reasons wages have bacco might not like, if you cast a vote The minimum wage is at its lowest been flat in this country—and the rich that oil companies may not like, do level in buying power since 1968. It has are getting richer and richer—is the you know what is going to happen? been stuck at $7.25 an hour. corruption of Big Money in our polit- What is in your mind if they come to Back in the era of bipartisanship on ical system. minimum wage—we actually passed I know how it works. In my race for your State in the next election and one in 2007, my first year in the Senate, reelection in 2012—and I am not com- spend $10 million or $20 million or $30 signed by Republican President Bush. plaining about this. As my wife’s book million or $40 million. Those days seem to be past. publisher said: No whining on the I had $40 million spent against me be- Think about the math. At $7.25 an yacht. If you get to be in the Senate, cause I don’t do what Wall Street hour, people are allowed to give $3.6 don’t complain. But I also understand wants. I don’t do what tobacco wants. I million under the McCutcheon deci- when they spent $42 million against me don’t do what the oil industry wants. sion—pushed by corporations and hand- in my campaign—I am a big boy, I can Of course, they are going to come after take it—it was oil money, it was to- me. ed down by the Supreme Court—that bacco money, it was mostly out-of- They fell short in 2012—not by much says corporations are people too, more State money. It was money from some but they fell short. But we know they or less. For a minimum wage worker, it of the richest people in the United will do it again. We know every time States of America. we cast a vote they are keeping a would take 239 years, working full What did they want? They didn’t dis- scorecard and saying: Well, we like time, making $7.25 an hour, to make like me personally, I assume. Maybe what that Senator did, we will help $3.6 million. And then they would have they did. I don’t really care. But what him or her—usually him in that case. to give it all away in that election it was really about is they wanted— We don’t like what she did, we don’t cycle to be able to compete with the oil whether the person came from Troy, like what he did, so we may be looking companies, the drug companies, and OH, or Troy, MI, or Troy, NY—a politi- out to spend that kind of money. One Big Tobacco and Wall Street. cian in office from Ohio, as they want- man, one woman, one American, one This is very clear. We can change it. ed in Massachusetts, as they want this vote—not one corporation, one vote. Again, back to the arguments on the year in New Hampshire, as they want Fortune 500 companies straddle the other side. They are laughable at this year in Arkansas, as they want globe. They reap millions of dollars of home. I don’t think I know anybody this year in Kansas, as they want this profits. American corporations are at who thinks it is OK that we are allow- year in North Carolina, in Louisiana, their most profitable time perhaps in ing somebody to come in and spend— Alaska, and Colorado—they want a lap their history sitting on tens, hundreds except for colleagues whom I like. dog. They want somebody who will go of millions of dollars in profit. Most of the people on the other side of to the well and vote with Big Tobacco, It doesn’t take a Ph.D. in math to this issue, I like them personally, but I go to the well and vote for Wall Street, understand they spent a small, small, don’t know very many people, unless and go to the well and vote for oil com- microfraction of the money they are they are in Washington, unless they panies. making to protect those profits. have a stake in this system—I don’t That is what they will get if we con- How do they do it? They come to know people who think it is a great tinue this corrupt way of campaign fi- Ohio, they come to Massachusetts, idea to let people spend $3.6 million. nancing. they come to Florida, they come any- They are not spending it out of their The Presiding Officer remembers— where in the country and they spend charitable whims. They are spending it after we passed the Dodd-Frank legisla- millions. They spend tens of millions because they want their people, their tion in this Congress 4 years ago and to protect themselves on behalf of Wall water boys, their water girls for the when she was working to establish a Street, on behalf of Big Oil, on behalf drug companies, the water boys and consumer protection agency—after the of these big tobacco companies. It is all the water girls for Wall Street, the vote on Dodd-Frank, do we remember pretty simple: one man, one woman, water boys and the water girls for Big what the leading financial services lob- one American, one vote. Tobacco, they want those people elect- byist in this town said? The President Citizens United and McCutcheon ed, not people who will stand up to signed the bill—within an hour or two, make clear there is now an entry fee those interest groups and do the right or at least the same day—and the lob- for participating in our democracy. thing. byist said: Well, folks, it is half-time. That is why I support the constitu- To restore voters’ faith in the polit- What did that mean? He wasn’t talk- tional amendment proposed by Senator ical system, to ensure voters that their ing about the NFL. He was talking UDALL that curbs unlimited campaign voices are being heard, one man, one

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.091 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5426 CONGRESSIONAL RECORD — SENATE September 9, 2014 woman, one American, one vote, that [From The Valley News, Aug. 3, 2014] took part in a federal herd buy-out program, is what we stand for. Those are our val- A CENTURY OF FARMING IN NORWICH: FAMILY selling their dairy cows. Both are officially ues. That is why this is an important MEMBERS FLOCK FROM AROUND THE WORLD retired—Jay was a mail carrier in Norwich, issue. TO MARK ANNIVERSARY and Deb, a physical therapist, worked at the (By Aimee Caruso) VA. But their work on the farm didn’t end. I yield the floor. Deb keeps up the grounds, including the veg- NORWICH.—A Norwich family marked 100 The PRESIDING OFFICER. The Sen- etable, herb and flower gardens. Jay runs a ator from Ohio. years of farm life yesterday with hayrides, games and dinner, photographs, storytelling composting business and makes hay—he puts Mr. BROWN. Madam President, I and socializing. up and sells about 14,000 bales a year, their thank the Senator from Florida for al- Meeting House Farm, owned by Jay and main income. They also depend on the lowing me to do this before his final re- Deb Van Arman, has been in the family for state’s current use plan to reduce taxes, he marks of the evening. a century, and the trend is set to continue said. ‘‘If it wasn’t for current use, we into the future. wouldn’t be here.’’ Theirs is one of eight farms featured in Cy- f Yesterday, however, was all about celebrating the crop of longtime friendships and cles of Change: Farming in Norwich, now on family bonds the Union Village Road farm display at the historical society. The exhibit, MORNING BUSINESS has produced over the decades. Wearing comprising photographs, video, oral histories Mr. BROWN. Madam President, I ask name tags, people of all ages mingled yester- and text, will run through next spring. day, snacking and sharing memories. Milling Farming has seen big changes over the unanimous consent that the Senate past several decades, and rolling with the proceed to a period of morning busi- near a table laden with pies, candy-studded cookies and other goodies, they described the times has taken perseverance, financial in- ness, with Senators permitted to speak farm as a warm and lively place. vestments and plenty of hard work. New fed- therein for up to 10 minutes each. Jeff Bradley, who grew up just down the eral regulations in the mid 1900s meant ex- The PRESIDING OFFICER. Without road, was in 4–H with the Van Armans’ chil- pensive upgrades for dairy farms, Hoggson objection, it is so ordered. dren and spent many days on the farm, toss- said. ‘‘A lot of small farmers couldn’t adjust ing hay bales and collecting sap for maple to those changes, so they had to close up f syrup. He longingly recalled the yeast shop.’’ doughnuts and dill pickles, both of which She called the fact that the same family has owned Meeting House Farm for a cen- MEETING HOUSE FARM were eaten dipped in maple syrup, made by Deb’s late mother, Janet. And he remem- tury ‘‘extraordinary.’’ CENTENNIAL bered something else that left a big impres- ‘‘Keeping that land together has been real- Mr. LEAHY. Madam President, sion on him. ly, really important to the whole family,’’ Vermont has always been a farming ‘‘No matter what, you stopped by and they she said. ‘‘It’s very unusual, I think, and a real credit to them as individuals and to State, and it is the dairy, livestock, had time for you,’’ said Bradley, who now lives in Massachusetts with his family. their commitment to the land, the impor- vegetable, and fruit farms to which we ‘‘Time for a story, time to sit down and have tance of family, and place that they have owe thanks for the open pastures and coffee.’’ been able to do this.’’ spectacular vistas that Vermonters and People have always dropped in and visited Yesterday’s event was, in part, a tribute to all those who visit our State cherish. the farm, said Deb Van Arman, seated under that effort. None is more beautiful than Meeting a large white tent set up for the occasion. ‘‘We wanted to celebrate all the happiness House Farm in Norwich, owned by Deb ‘‘It’s been important to encourage that so we (the farm) has brought and all the hard work my parents have done through thick and and Jay Van Arman. The farm, located have a sense of community. We have that, and we’re very grateful.’’ thin,’’ said daughter Emily Myers. ‘‘It’s not on a hill outside of the village, with an Yesterday’s gathering, months in the mak- easy, having a lot of property. . . . It can be expansive view down the beautiful Con- ing, drew about 240 people from across the very expensive, especially with taxes, and necticut River Valley, has been in the country and beyond, including 26 of 27 first they have been able to make it work.’’ family since Deb’s and her brother cousins. The 27th wanted to come, but As with most farm kids, summers and the David Pierce’s grandparents arrived in couldn’t make it because his wife was sick, hours after school found the Van Arman a Sears, Roebuck & Company wagon Deb Van Arman explained. children tending to chores. Growing up on from Quechee in 1914. The Van Armans’ children and their fami- the farm has had a lasting impact on them, lies came in from New York state, Chile and Myers said. ‘‘It gave us great morals, great On Saturday, August 2, Deb, Jay and Holland. One family friend came from Tai- values and always a sense of home.’’ David hosted a centennial reunion for a pei, Taiwan; others made the trip from Ham- On display yesterday was the Sears and grateful crowd of family and friends burg, Germany. In addition to relatives, the Roebuck wagon Deb’s grandparents bought who came from as far as California, group included people who had worked on to travel to the farm with their young chil- Holland and South America. The re- the farm, neighbors, and former neighbors, dren. The family had hitched their cows to union was a celebration of farming, ‘‘people who have helped us over the years,’’ the wagon, and on the way, one gave birth on family, and community for those who Deb said, choking up. ‘‘It’s just great.’’ Christian Street. Her father retrieved the Some spent the night on the farm; others calf the following day. Their move from grew up on or visited the farm over the bunked with neighbors who had opened their Quechee to the farm, made in mud season, years. They shared stories of haying houses for the occasion and provided food was quite a journey, Deb Van Arman said. and collecting maple sap with Deb and and beer, said the Van Armans’ son, Tom. Within the next few years, a similar, if David’s father ‘‘Bub,’’ riding the trac- ‘‘It’s like Airbnb on steroids.’’ much more modern, trek will take place, as tor and collecting eggs, and sitting The 116-acre farm, established in the 1780s, the Van Armans’ daughters, Kate and Emily, around the kitchen table sharing one of is thought to be the town’s oldest working plan to return to the farm with their fami- their mother Janet’s bountiful meals. farm. It’s named for the timbers in the origi- lies. nal barn. When Norwich’s first meeting ‘‘The only thing I ever knew was this Janet ran a day care at the farm for house was torn down, the farm’s owner, Con- farm,’’ Deb Van Arman said. Knowing her local children and later became Nor- stant Murdock, bought the beams for his children will carry on the tradition ‘‘is very wich’s beloved town clerk. barn, said Nancy Hoggson, president of the special.’’ The dairy herd was sold in the 1980s, Norwich Historical Society. Initially a sub- f but the haying goes on. There are goats sistence farm, it would eventually grow into and Deb’s big vegetable garden, and a dairy business. VIOLENCE AGAINST WOMEN ACT half a dozen Holstein cows from an- Deb Van Arman’s grandparents, Charles 20TH ANNIVERSARY other farm graze the hillside. Meeting and Lucy Pierce, bought the property in 1913 Ms. MIKULSKI. Madam President, and moved there from a small farm in House Farm represents the best of Quechee. The Pierces’ son, Charles ‘‘Bub’’ today we commemorate the 20th anni- Vermont, and we owe a debt of grati- Pierce, and his wife, Janet, lived with them versary of the Violence Against Women tude to the Pierce-Van Arman family on the farm, where Janet ran a day care and Act, a landmark piece of legislation for keeping it a farm all these years. Bub farmed until he became ill in 1970, the that continues to improve the lives of I ask unanimous consent that an ar- same year the Van Armans married. Bub millions of women, their families, and ticle about the centennial on the front died the following year, and Janet farmed the communities that support them. I page of the August 3rd Valley News be with the neighbors’ help until later in 1971, was proud to cosponsor this legislation when Jay took over. They expanded their printed in the RECORD. when it was originally enacted in 1994, herd and carried on with the dairy business There being no objection, the mate- until 1986. led by then-Senator, now-Vice Presi- rial was ordered to be printed in the With three children to put through college, dent BIDEN. And I was proud to fight RECORD, as follows: a farmer’s pay wouldn’t cut it, so the couple for its reauthorizations in 2000, 2005,

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.092 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5427 and 2013, each time refining and build- ations at the outset to link up local po- School, East Junior High, and Kelly ing upon the great work that VAWA lice with domestic violence profes- Walsh High School. His uncle, Jack does each day. sionals to provide wrap around services Sullivan, put Joe to work on the fam- This legislation stands today as an as and empowerment to get victims out of ily’s ranch in Wyoming’s Shirley an example of what we are really called harm’s way and reduce homicides. This Basin. Joe collected his first paycheck here to do—meeting people’s day-to- was made possible because of VAWA when he was in the third grade and has day needs. That means protecting peo- which provided the Federal funding to continued to work hard ever since. As ple, making their lives better, and pro- make this a reality. a young man he worked as an oil pump- viding vital resources to those in need. As chair of the appropriations sub- er for McMurry Oil Company. The No woman in this country should live committee that funds the Justice De- McMurry’s could always count on Joe in fear that her partner will hurt or partment, I have secured funding for to get the job done. Joe stayed with kill her or her kids. I have zero toler- the Violence Against Women Act pro- the company through the 1990s as they ance for domestic violence. If you are grams at the highest levels ever. These discovered and developed the Jonah beaten and abused, you should have programs ensure tougher penalties for Field. Following his long career with somewhere to turn for help and a path abusers, coordinated assistance with McMurry Oil, he used his tenacity and to recovery. community organizations, and court entrepreneurial spirit to found energy VAWA is crucial in all of our commu- advocates for abused women to boost ventures, including a water treatment nities. Every day VAWA is providing reporting and prosecution. company and a mud motor company. services to families in desperate need. I In the fiscal year 2015 CJS spending The Boys and Girls Clubs of Central hear from my constituents far too bill I provided a robust $430 million for Wyoming are grateful for Joe Scott’s often about the challenges they are Violence Against Women grants, con- contributions to their critically impor- facing, often involving significant eco- tinuing a strong commitment to tant mission. The club offers programs nomic struggles only to be complicated VAWA programs. I also provide strong and services that promote and enhance by deep emotional pain and fear. investments in core VAWA programs the development of our youth. Their Here are the statistics: 1 in 4 women including: $195 million for STOP for- activities provide the youth with a will be victims of domestic violence. 16 mula grants, which coordinates com- sense of competence, usefulness and be- million children are exposed to domes- munity response to domestic violence longing. tic violence every day. And over 2 mil- and also trains police, prosecutors and My wife Bobbi joins me in extending lion will be victims themselves of phys- judicial staff; $30 million for sexual as- our congratulations to Joe and thank- ical or sexual violence each year. 20,000 sault services that direct services for ing him for his dedication to Wyoming of these cases are in my own State of victims of rape; $26 million for transi- and its youth. He is the perfect exam- Maryland. Since we created the legisla- tional housing grants so victims have ple of a citizen who has truly paid back to his community. tion in 1994, the national hotline has safe and affordable housing after shel- received millions of calls. Millions of ters; and $50 million for Grants to En- f women felt in danger and had the courage Arrests, which teaches police ADDITIONAL STATEMENTS chance of being rescued. and prosecutors how to support victims In my own State of Maryland VAWA and ensure offender accountability. is making recovery possible for victims So today, as we mark 20 years of TRIBUTE TO COLONEL STEPHANIE by finding them legal help to separate VAWA, we reflect on what it has done A. HOLCOMBE from their abusers. They are also get- for families across our country and ∑ Mr. INHOFE. Madam President, I ting vital services at rape crisis centers women in desperate need. But we also wish to recognize Oklahoma resident and navigating our immigration sys- reflect with the renewed knowledge Col. Stephanie A. Holcombe of the tem to ensure protection. that the programs that have been in Joint Improvised Explosive Device De- Through the years I have heard from place are reducing domestic violence feat Organization, or JIEDDO, who will too many Marylanders about their and improving outcomes. If it is any- retire from the U.S. Air Force on Janu- struggles. Fortunately, VAWA pro- thing that the last 20 years have shown ary 1, 2015, after 25 years of distin- grams existed to help them. I heard us, it is that VAWA works. I am proud guished service. Col. Holcombe signifi- from one of my constituents, Jean on of it and am so happy to mark this im- cantly impacted the global fight the Eastern Shore of Maryland. Jean portant milestone. against improvised explosive devices was married to her husband for 10 years f during her final tour of duty as and shared 2 children. She benefited JIEDDO’s chief of public affairs. She from VAWA’s Legal Assistance for Vic- VOTE EXPLANATION directly contributed to creating a glob- tims Grant after being abused so bru- Mr. SCHATZ. Madam President, I al awareness about the IED threat; and tally one evening. Jean called the hot- was absent on July 28, 2014, and missed helped inform and educate people line and got the legal assistance to file the opportunity to vote on the con- about JIEDDO’s work to reduce the ef- for a protective order, which she ulti- firmation of Ms. Pamela Harris to be fectiveness of IEDs and eliminate the mately was awarded and is now living U.S. Circuit Judge for the Fourth Cir- enemy networks that seek to use these her life safely with her children. cuit, Vote No. 242. devices to harm our troops. I also heard from Danielle. Danielle I wish to state for the record my sup- Col. Holcombe is a distinguished was sexually assaulted at the age of 19 port for Ms. Harris’s nomination, and graduate of Oklahoma State Univer- by an associate that she knew. She was that I would have voted aye on Ms. sity’s Reserve Officers’ Training Corps aided by VAWA’s Sexual Assault Serv- Harris’s nomination. in Stillwater, OK, class of 1989, with a ices program when she made the con- f degree in photo journalism. She also nection with the rape crisis center a achieved two master’s degrees from the RECOGNIZING JOE SCOTT few days after her attack. Danielle got University of Florida and the National the support she needed at the crisis Mr. BARRASSO. Madam President, War College. center. She received personalized safe- on September 16, the Boys and Girls During her 25-year long career as a ty planning and counseling and was Club of Central Wyoming will celebrate public affairs officer, she held assign- provided a lawyer to help her get a their 16th Annual Awards and Recogni- ments with Air Combat Command, Air peace order. tion Breakfast. During the event, they Mobility Command, Air Force Material I also hear from law enforcement in will honor a member of the community Command, Air Force Special Oper- Maryland who say VAWA is helping who has significantly contributed to ations Command and on the Head- them make communities safer. The the Boys and Girls Club. I am delighted quarters Air Staff. In 2004, she deployed Lethality Assessment Program, pio- that this year’s honoree is Joe Scott, a to Baghdad where she worked with the neered in Maryland and now a model Casper, Wyoming-native, entrepreneur, U.S. Embassy and conducted oper- for the Nation, was strengthened in the and philanthropist. ations for Multi-National Forces—Iraq. last VAWA reauthorization. The pro- Joe was born and raised in Casper. He Col. Holcombe earned numerous gram is used to identify high risk situ- attended St. Anthony’s Catholic awards and decorations including the

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.038 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5428 CONGRESSIONAL RECORD — SENATE September 9, 2014 Defense Meritorious Service Medal, the vision, based in Fort Hood, TX and de- Born October 21, 1976, David was a Meritorious Service Medal, the Joint ployed for his second tour to Iraq in 1994 graduate of Ridgewood Prep Service Commendation Medal, the Air October 2006. School in Metairie, LA. He enlisted in Force Commendation Medal and the A funeral service was held at the the Army in March 1995 and completed Air Force Achievement Medal, among Brown family plot in Rineyville, KY, basic and advanced individual training others. She also received Air Force near Fort Knox, TN. at Fort Benning, GA before being hon- wide accolades for her excellence in Kevin is survived by his parents orably discharged in June 1998. journalism, twice earning the Thomas Glenda and Richard Haynes Brown, his Returning to active duty in August Jefferson Award. wife Lena of Killeen, TX, the couple’s 1999, he served as a basic training drill I am proud to share in the celebra- daughters Maria, 13, and Charlene, 14, a sergeant at Fort Sill, OK, from Novem- tion of Col. Stephanie A. Holcombe’s sister Brandy Ross of Moore, OK, and ber 2005 to October 2007 and was then military career. I wish her all the best two stepchildren Jeremy and Pamela. reassigned to 2nd Battalion, 30th Infan- in her retirement.∑ I extend our deepest gratitude and try Regiment, 4th Brigade Combat condolences to Kevin’s family. He lived Team, 10th Mountain Division (Light f a life of love for his family, friends, and Infantry), Fort Polk, LA. HONORING OUR ARMED FORCES our country. He will be remembered for A funeral service was held on June his commitment to and belief in the 17, 2008 at Schoen Funeral home with SPECIALIST WILLIAM E. ALLMON greatness of our Nation. I am honored internment at Lake Lawn Park Ceme- ∑ Mr. INHOFE. Madam President, it is to pay tribute to this true American tery and Mausoleum in New Orleans, my honor to pay tribute to the life and hero who twice volunteered to go into LA. sacrifice of Army SPC William E. the fight and made the ultimate sac- David is preceded in death by his Allmon, of Ardmore, OK who died on rifice of his life for our freedom. mother Harrette Kock and survived by April 12, 2008, of wounds suffered when PRIVATE FIRST CLASS CODY M. CARVER his father Max Wayne Hurst, his step- his vehicle encountered an improvised Mr. INHOFE. Madam President, I mother Lillian T. Hurst, his brothers explosive device while serving his Na- also wish to remember Army PFC Cody Chris and Mark Hurst, and numerous tion in Baghdad, Iraq. M. Carver who died on October 30, 2007 nieces, nephews, other relatives, and William was a combat engineer who of wounds sustained when enemy forces friends. joined the Army in June 2000 and was engaged his unit with small-arms fire I extend our deepest gratitude and on his second deployment to Iraq. He and an improvised explosive device in condolences to David’s family. He lived previously deployed as part of Oper- Baghdad, Iraq. a life of love for his family, friends, and ation Iraqi Freedom from January 2005 Born June 23, 1988, Cody joined the our country. He will be remembered for to January 2006. He was assigned to 1st Army in November 2006. Upon com- his commitment to and belief in the Battalion, 64th Armor Regiment, 2nd pleting basic training he returned to greatness of our Nation. I am honored Brigade Combat Team, 3rd Infantry Di- Oklahoma to serve as a hometown re- to pay tribute to this true American vision, Fort Stewart, GA. cruiter. He was then assigned to 1st hero who twice volunteered to go into ‘‘If you didn’t know him, you missed Battalion, 15th Infantry Regiment, 3rd the fight and made the ultimate sac- out on a lot,’’ wrote SGT Richard Brigade Combat Team, 3rd Infantry Di- rifice of his life for our freedom. White in a letter read tearfully by his vision, Fort Benning, GA where he was SERGEANT FIRST CLASS JEFFRY D. KETTLE wife during a funeral service. ‘‘You are deployed to Iraq on September 28, 2007. Mr. INHOFE. Madam President, it is not only my best friend, you are my Cody’s father, Darrell Lee Carver, my honor to also honor the life and brother.’’ was wounded during the Vietnam war. sacrifice of Army SFC Jeffry D. Kettle A funeral service was held on April That, along with the September 11, 2001 who died on August 12, 2007 of wounds 22, 2008 at Pleasant Valley South Bap- attacks was his motivation for joining suffered from a roadside bomb while tist Church in Silver Creek, GA. the Army, his mother said. ‘‘He had serving his Nation in Nangarhar prov- William is survived by his wife Jen- talked about joining the Army since ince near Kuzkalakhel, Afghanistan. nifer, their son Damien and stepson the ninth grade. I guess it was about Born August 26, 1975 and listing Jason ‘‘Luke’’ Johnson, his mother the same time 9/11 happened. That Madill, OK as his home of record, Jeff Donna Fortune, and his father William bothered him so bad, he just wanted to was a product of Texas City, TX. Mili- Allmon. go and make it right,’’ she said. tary service ran in his family with his He loved his family and his children. A memorial service was held on No- grandfather, uncles, brother, and fa- ‘‘We’re going to miss his smile and his vember 10, 2007 at Coweta High School, ther also completing service time. antics—he was a kid at heart. When we with burial at the Vernon Cemetery in ‘‘Jeff was the ultimate warrior,’’ said went to Chuck E. Cheese, he’d get as Coweta, OK. Ronald Kettle, noting his son joined much out of it as the kids,’’ said the His mother remembers him as very the Army in 1993 right after graduating soldier’s father, William Allmon. much a single man with a huge sense of from high school. He was assigned to Today we remember Army SPC Wil- humor. ‘‘I asked him at Valentine’s 2nd Battalion, 7th Special Forces Day if there was anyone he wanted me liam E. Allmon, a young man who Group based at Fort Bragg, NC and was to send flowers to,’’ said his mother. loved his family and country, and gave on his fourth deployment. ‘‘He said, ‘Mom, that would be too his life as a sacrifice for freedom. A memorial service was held August many flowers. You couldn’t afford it.’ ’’ 31, 2007, at Calvary Baptist Church in STAFF SERGEANT KEVIN R. BROWN Cody is survived by his parents Texas City, TX. Jeff was buried with Mr. INHOFE. Madam President, it is Darrel and Pam Carver of Haskell, OK, military honors at Arlington National my honor to also honor the life and brothers Lee and Jake Carver of Has- Cemetery on August 22, 2007. His flag- sacrifice of Army SSG Kevin R. Brown, kell, OK, and his grandparents Charles draped coffin was carried to the grave of Harrah, OK who died on September Orsburn and Barbara Phillippe of Wag- site by a six-man casket team of sol- 25, 2007, of wounds suffered from a road- oner, OK, and Ronald and Edna Carver diers from the 3rd Infantry Regiment. side bomb while serving his Nation in of Coweta, OK. In the brief ceremony, relatives includ- Muqdadiyah, Iraq. Today we remember Army PFC Cody ing his parents and his wife recited the A cavalry scout, Brown joined the M. Carver, a young man who loved his Lord’s Prayer. His father said his son, military in September 1988, a year family and country, and gave his life as 31, wished to be at Arlington because after graduating from Harrah High a sacrifice for freedom. ‘‘he wanted to be buried among he- School. He was inspired to join the SERGEANT FIRST CLASS DAVID R. HURST roes.’’ military by his father Richard Haynes Mr. INHOFE. Madam President, it is Jeff is survived by his parents Ron Brown, a senior master sergeant who my honor to also honor the life and and Cindy Kettle, his wife Brandi Ket- retired at Tinker Air Force Base, OK sacrifice of Army SFC David R. Hurst, tle, two sons Jeffrey and Logan, grand- after 22 years of service. of Fort Sill, OK who died on June 8, mother Anne Moore, and two brothers In April 2006 he was assigned 6th 2008, of wounds suffered from a roadside Ryan and Clay Kettle. Squadron, 9th Cavalry Regiment, 3rd bomb while serving his Nation in Bagh- I extend our deepest gratitude and Brigade Combat Team, 1st Cavalry Di- dad, Iraq. condolences to Jeff’s family. He lived a

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.105 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5429 life of love for his family, friends, and said. But serving his country meant and-Under Baseball Team that won the our country. He will be remembered for more than going to college, she said. World Series are: Colby Reynolds, his commitment to and belief in the ‘‘He came home one day and said he Jackson Edelman, Zach Weiner, Blake greatness of our Nation. I am honored wanted to join the Army, and we got in Weinstein, Chris Bonafiglia, Adrian to pay tribute to this true American the car and went down to the recruit- Hernandez, Aaron Bergstrom, Blake hero who volunteered to go into the ing station,’’ Anglia Phillips said. ‘‘He Morgan, Raymond Stutzer, Josh Free, fight and made the ultimate sacrifice said terrorism was like a virus. It had Ryan Furman, and Ethan Stith. of his life for our freedom. to be stopped. It had to be contained.’’ These wonderful young athletes have CAPTAIN TORRE R. MALLARD Her son was reenlisting to join for 2 displayed the hard work and dedication Mr. INHOFE. Madam President, I more years because ‘‘he didn’t want to that make goals and dreams attain- wish to remember another remarkable leave his squad, his guys,’’ she said. able. Throughout their victorious sea- young man, Army CPT Torre R. Mal- Today we remember Army SPC Mi- son, the Marlton Reds garnered the lard. Assigned to 2nd Squadron, 3rd Ar- chael E. Phillips, a young man who support of their community, receiving mored Cavalry Regiment, Fort Hood, loved his family and country, and gave countless donations to help them trav- TX. Torre died March 10, 2008 of wounds his life as a sacrifice for freedom. el to Winchester, VA for the World Se- suffered from an improvised explosive CORPORAL BRYAN J. SCRIPSICK ries tournament. Upon arrival, the device while serving his Nation in Mr. INHOFE. Madam President, I Marlton Reds won all 6 of their games, Balad Ruz, Iraq in support of Operation also wish to remember Marine Corps including the Cal Ripken 10-and-Under Iraqi Freedom. Cpl Bryan J. Scripsick who, along with Championship Game against a very tal- The son of a retired army master ser- three other Marines, succumbed to in- ented team from Southeastern Lex- geant, Torre was born August 20, 1980 juries sustained after a suicide bomber ington, KY by a score of 9 to 1. While in Anniston, AL, and lived throughout attacked their position in Anbar prov- every member of the Marlton Reds the United States and Europe, eventu- ince north of Baghdad, Iraq on Sep- played exceptionally well, Blake Mor- ally graduating from Salmen High tember 6, 2007. gan made the All World Series Team School in Slidell, LA, in 1998. Bryan was born August 21, 1985. Al- while winning the World Series Batting While attending the U.S. Military though the family home is in Wayne, Title and Most Outstanding Player Academy at West Point, Torre was ac- OK, he graduated in 2004 from Pauls award, while Jackson Edelman made tively involved in the boxing and foot- Valley High School, where he played the All World Series Team and the All ball programs. During the spring se- safety and wide receiver on the football Defensive Team. mester of his sophomore year at the team. I would also like to applaud the par- academy he served a 4-month term as a Rather than pursuing his dream of ents, coaches, and volunteers that company commander, one of the high- playing college football, Bryan chose work tirelessly to ensure athletes like est positions in the Cadet Chain of to join the Marine Corps right after his the 12 members of the Marlton Reds Command at the academy. In June 2002 19th birthday in August 2004. He was have a place to grow and achieve in he earned a commission in the Army assigned to 3rd Assault amphibian Bat- sports and in life. It is through the and graduated with a degree in com- talion, 1st Marine Division, I Marine commitment of the entire community puter science. Expeditionary Force, Camp Pendleton, that our youth will develop into cham- A memorial service was held on CA and was on his second tour to Iraq. pions, both on and off the field. I com- March 12, 2008 in Anniston, with burial More than 100 people filled the First mend the Marlton Reds 10-and-Under in the U.S. Military Academy Post United Methodist Church for a memo- Baseball Team, as well as the people of Cemetery at West Point, NY. rial service held on September 13, 2007. Evesham Township who supported Torre is survived by his wife Bonita, Burial took place at the Mount Olivet them throughout the season, for win- two young sons Torre Jr. and Joshua, Cemetery in Pauls Valley, OK. At the ning the Cal Ripken 10–Year-Old World and his parents Mose and Robin Mal- cemetery, members of the Marine Series.∑ lard. honor guard carried the casket to the f Today we remember Army CPT Torre gravesite where the flag was folded CONGRATULATING THE R. Mallard, a young man who loved his above the casket and presented to Bry- BROOKLAWN BROOKERS BASE- family and country, and gave his life as an’s parents and his brother. He was BALL TEAM a sacrifice for freedom. then honored with three volleys from a SPECIALIST MICHAEL E. PHILLIPS rifle party and the playing of taps. ∑ Mr. MENENDEZ. Madam President, Mr. INHOFE. Madam President, it is Bryan is survived by his parents Jon today I wish to honor the eighteen my honor to also pay tribute to the life and Jan Scripsick, and his brother young athletes of the Brooklawn and sacrifice of Army SPC Michael E. Brett Scripsick of Pauls Valley, OK. Brookers Baseball Team of the Amer- Phillips who died on February 24, 2008 Today we remember Marine Corps ican Legion Post 72 from Brooklawn, in Baghdad, Iraq. Cpl Bryan J. Scripsick, a young man NJ for their commendable victory at Michael left for basic training on who loved his family and country, and the 2014 American Legion Senior World June 24, 2006. Upon finishing advanced gave his life as a sacrifice for freedom.∑ Series on August 19, 2014. Led by the infantry training, he was assigned to f unwavering leadership of coach Dennis Bravo Company 1 of the 502nd Strike Barth, the Brooklawn Brookers won CONGRATULATING THE MARLTON Brigade of the 101st Airborne Division. the 2014 New Jersey State American On October 13, 2007, he and his team- REDS BASEBALL TEAM Legion Championship, the Mid-Atlan- mates deployed to Iraq in support of ∑ Mr. MENENDEZ. Madam President, I tic Regional Championship, and their Operation Iraqi Freedom. Just 4 wish to honor the 12 young athletes of second consecutive American Legion months into his deployment an impro- the Marlton Reds 10-and-Under Base- World Series Championship. The 18 vised explosive device tore through the ball Team from Evesham Township, NJ players of the Brooklawn Brookers door of the vehicle he was driving. De- for their commendable victory at the Team that won the World Series are: spite the severity of his injuries he 2014 Cal Ripken 10-Year-Old World Se- Eric Becker, Joe Bobiak, Sean Breen, continued to smile and reassure those ries on August 16, 2014. Led by the un- Austin Darrow, Phil Dickinson, Pete taking care of him. Even in the most wavering leadership of Manager Robert Farlow, Eric Grafton, John Malatesta, grim and serious times, Michael still Reynolds, Coach Mark Bergstrom, and Anthony Harrold, Rocco Mazzeo, Ste- fought and lifted up those around him. Coach Joe Morgan, the Marlton Reds ven Mondile, Tyler Mondile, Eric He is survived by his parents Steven won the 2014 10-and-Under Babe Ruth/ Schorr, Ray Taylor, Kevin Terifay, and Angelia Phillips, his brothers Cal Ripken Baseball New Jersey Dis- Fran Kinsey, Tre Todd, and Matt Parr. David and Anthony, and his sister Bar- trict 5 Championship, the New Jersey These wonderful young athletes have bara—all of Ardmore, OK. State Championship, the Mid-Atlantic displayed the hard work and dedication Michael excelled at drawing and had Regional Championship, and the 10- that make goals and dreams attain- been offered admission to the San Year-Old Cal Ripken World Series. The able. Throughout their victorious sea- Francisco Art Institute, his mother twelve players of the Marlton Reds 10- son, the Brooklawn Brookers played

VerDate Mar 15 2010 05:30 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.051 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5430 CONGRESSIONAL RECORD — SENATE September 9, 2014 with the passion and determination for 7 hours before bulldozers to save a mond and Tim became close friends, that made it possible to collectively spring fed lake. In the end, the Mobile and it was their time overseas that win a championship despite the passing City Council voted to save the lake and built a strong bond between the two of their longtime Manager, Joe Barth, named it Day Lake in his honor. men. Sr. Upon their arrival at the World Se- His wife of 65 years, Ruby Nell James Edmond served in three different ries in Shelby, NC, the Brookers won Day, predeceased him. She was a won- campaigns: Rhineland, the Ardennes, all five of their games, including the derful and beloved woman and a mem- and Central Europe. Edmond didn’t American Legion Senior World Series ber of the respected James family of talk much about the war but told his Championship Game against a very tal- Mobile. son Stan one specific memory. ented team from Midland, MI. While Reverend Day’s funeral service was a Near the end of the war, Edmond and every member of the Brookers played true celebration of a remarkable life his fellow soldiers were sitting on their exceptionally well, Sean Breen was well-lived. Speakers at the service in- tanks at the Russian border waiting for named the 2014 World Series Tour- cluded former Mobile Mayor Sam orders to advance. The Russians, just a nament Most Valuable Player while Jones, State Representative James short distance away, were also sitting also receiving the 2014 George W. Rulon Busky, State Senator Vivian Figures, on their tanks waiting for their orders. Player of the Year Award, the 2014 Lou- and City Councilman Fred Richardson. The orders never came, so at night the isville Slugger Batting Championship, I was also honored to speak. Several two units would come together and and sharing the 2014 Rawlings Big prominent pastors from Mobile con- talk. Edmond was doing diplomacy Stick Award with teammate Anthony ducted the service. They were: Ronald with the Russians before the Cold War Harrold. McCree, pastor—Greater Morning Star even started. I would also like to applaud the par- Baptist Church (Eulogy); Clinton John- Edmond separated from the military ents, coaches, and volunteers that son, pastor—New Shiloh Baptist on October 23, 1945, passing on his mili- work tirelessly to ensure athletes like Church (Officiating); Fleet Bell, pas- tary legacy to his family. Three of his the 18 members of the Brooklawn tor—Rock of Faith Baptist Church sons, Edmond Jr., Samson, and Robert, Brookers have a place to grow and (Song); Darlett-Lucy Gulley, pastor— all went on to bravely serve our coun- achieve in sports and in life. It is New Life Methodist Church (Prayer of try. through the commitment of the entire Comfort); Minister Ronald Suggs, Edmond’s life of service extended far community that our youth will develop Greater Morning Star Baptist Church beyond the military. His work as a into champions, both on and off the (Old Testament Reading); and Minister schoolbus driver and officer for the field. I commend the Brooklawn Gregory Palmer, Sr., Greater Morning Browning Public Schools demonstrates Brookers American Legion Post 72 Star Baptist Church (New Testament an unwavering commitment to civic Baseball Team, as well as the people of Reading). These pastors have earned duty and responsibility. Edmond the State of New Jersey who supported the respect of the community over passed away on September 20, 1967. them throughout the season, for win- many years for their faith and service Last week, in the presence of his ning the 2014 American Legion Senior to others. family, it was my honor to present World Series.∑ I came to know and respect Reverend Stan Juneau and the entire Juneau f Day’s son, Eric, when I hired him as family with Edmond’s medals. The first the law enforcement coordinator for medal was the highest medal I had ever REMEMBERING THE REVEREND the U.S. attorney’s office in Mobile, given out: the Distinguished Service JOSEPH DAY where he still works. He reflects the in- Medal. It is awarded to any person ∑ Mr. SESSIONS. Madam President, it tegrity and faith of his father. I am who, while serving in any capacity is appropriate that the Senate take also proud that Eric’s wonderful wife with the U.S. Army, has distinguished note on occasion of those who ably and Valerie Day has served as my field rep- him or herself with exceptionally meri- honestly serve the country and their resentative since I was elected to the torious service to the government in a fellow man. Our government has many Senate almost 18 years ago. duty of great responsibility. The act who do so every day. This Nation must continue to must merit recognition for service The Reverend Joseph Day was born produce leaders like Reverend Day which is clearly exceptional. in rural Dixons Mill, AL, being one of who, in turn, produce families of en- Edmond also earned the following eight children. He grew up in ergy, drive, faith and service. It is they medals: the Bronze Star, Purple Heart, Toulminville, near Mobile, AL, and was who provide the vision and faith, and and the Good Conduct Medal. a contemporary of baseball great Hank the service, that are the qualities that It was my honor to present a Euro- Aaron. They played baseball together make America exceptional. ∑ pean-African-Middle Eastern Campaign and both attended the Greater f Medal with Three Bronze Service Morningstar Missionary Baptist Stars, a World War II Victory Medal, Church. REMEMBERING EDMOND LEE and the Combat Infantryman Badge He started work as a U.S. govern- JUNEAU First Award. ment civilian employee at Brookley ∑ Mr. TESTER. Madam President, I I was also honored to present the Air Force Base in Mobile. When wish to honor Edmond Lee Juneau, a Sharpshooter Badge with Rifle Bar and Brookley closed, Day transferred to veteran of the U.S. Army. the Honorable Service Lapel Button, what is now Robins Air Force Base, in It is my honor to share the story of World War II. Warner Robins, GA, retiring after 40 Edmond’s service because no veteran’s These decorations are small tokens years of service. After returning to Mo- story should ever go unrecognized. but powerful symbols of true heroism, bile, he then spent 17 years working for Edmond was born in Green Bay, WI, sacrifice, and dedication to service. Volkert, Inc., in Mobile. on November 9, 1920, but grew up in These medals are presented on behalf He was passionate about helping oth- Browning, MT, where he was known for of a grateful nation.∑ ers. He served as executive director of his tremendous athleticism, playing f the Macon, GA chapter of the Southern football, basketball, and baseball. Christian Leadership Conference, and He graduated from Browning High MESSAGE FROM THE HOUSE while in Macon was called to preach. School and married the love of his life At 2:22 p.m., a message from the Returning to Mobile, he founded the Margie Bird Juneau. He and Margie House of Representatives, delivered by House of Joshua Christian Center had eight children: seven boys and one Mrs. Cole, one of its reading clerks, an- Church where he pastored until his girl. nounced that the House has passed the death. His influence is demonstrated in On June 22, 1944, Edmond began his following bill, without amendment: the remarkable fact that the Day fam- service in the U.S. Army with the 69th S. 231. An act to reauthorize the Multi- ily has produced several Christian min- Armored Infantry Battalion Company national Species Conservation Funds isters. A. He served alongside his cousin Wil- Semipostal Stamp. He was an activist and a leader in the liam ‘‘Bill’’ Big Springs and former The message further announced that causes he believed in. In 1991, he stood Montana Governor, Tim Babcock. Ed- the House has passed the following

VerDate Mar 15 2010 05:13 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.093 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5431 bills and joint resolution, in which it the more than 5,000 slaves and free Black York, as the ‘‘Specialist Theodore Matthew requests the concurrence of the Senate: persons who fought for independence in the Glende Post Office’’; to the Committee on American Revolution. Homeland Security and Governmental Af- H.R. 78. An act to designate the facility of fairs. the United States Postal Service located at f H.R. 5030. An act to designate the facility 4110 Almeda Road in Houston, Texas, as the of the United States Postal Service located ‘‘George Thomas ’Mickey’ Leland Post Office MEASURES REFERRED at 13500 SW 250 Street in Princeton, Florida, Building’’. The following bills were read the first as the ‘‘Corporal Christian A. Guzman Ri- H.R. 744. An act to provide effective crimi- and the second times by unanimous vera Post Office Building’’; to the Com- nal prosecutions for certain identity thefts, mittee on Homeland Security and Govern- and for other purposes. consent, and referred as indicated: H.R. 2495. An act to amend the Department H.R. 78. An act to designate the facility of mental Affairs. of Energy High-End Computing Revitaliza- the United States Postal Service located at H.R. 5089. An act to designate the facility tion Act of 2004 to improve the high-end 4110 Almeda Road in Houston, Texas, as the of the United States Postal Service located computing research and development pro- ‘‘George Thomas ‘Mickey’ Leland Post Office at 2000 Mulford Road in Mulberry, Florida, as gram of the Department of Energy, and for Building’’; to the Committee on Homeland the ‘‘Sergeant First Class Daniel M. Fer- other purposes. Security and Governmental Affairs. guson Post Office’’; to the Committee on H.R. 2819. An act to designate the facility H.R. 2495. An act to amend the Department Homeland Security and Governmental Af- of the United States Postal Service located of Energy High-End Computing Revitaliza- fairs. at 275 Front Street in Marietta, Ohio, as the tion Act of 2004 to improve the high-end H.R. 5106. An act to designate the facility ‘‘Veterans Memorial Post Office Building’’. computing research and development proof the United States Postal Service located H.R. 3109. An act to amend the Migratory gram of the Department of Energy, and for at 100 Admiral Callaghan Lane in Vallejo, Bird Treaty Act to exempt certain Alaskan other purposes; to the Committee on Energy California, as the ‘‘Philmore Graham Post Native articles from prohibitions against and Natural Resources. Office Building’’; to the Committee on sale of items containing nonedible migratory H.R. 2819. An act to designate the facility Homeland Security and Governmental Af- bird parts, and for other purposes. of the United States Postal Service located fairs. H.R. 3957. An act to designate the facility at 275 Front Street in Marietta, Ohio, as the H.R. 5309. An act to authorize and of the United States Postal Service located ‘‘Veterans Memorial Post Office Building’’; strengthen the tsunami detection, forecast, at 218–10 Merrick Boulevard in Springfield to the Committee on Homeland Security and warning, research, and mitigation program Gardens, New York, as the ‘‘Cynthia Jenkins Governmental Affairs. of the National Oceanic and Atmospheric Ad- Post Office Building’’. H.R. 3109. An act to amend the Migratory ministration, and for other purposes; to the H.R. 4189. An act to designate the facility Bird Treaty Act to exempt certain Alaskan Committee on Commerce, Science, and of the United States Postal Service located Native articles from prohibitions against Transportation. at 4000 Leap Road in Hilliard, Ohio, as the sale of items containing nonedible migratory f ‘‘Master Sergeant Shawn T. Hannon, Master bird parts, and for other purposes; to the Sergeant Jeffrey J. Rieck and Veterans Me- Committee on Environment and Public MEASURES PLACED ON THE morial Post Office Building’’. Works. CALENDAR H.R. 4283. An act to amend the Wild and H.R. 3957. An act to designate the facility The following bill was read the sec- of the United States Postal Service located Scenic Rivers Act to authorize the Secretary ond time, and placed on the calendar: of the Interior to maintain or replace certain at 218–10 Merrick Boulevard in Springfield facilities and structures for commercial Gardens, New York, as the ‘‘Cynthia Jenkins S. 2779. A bill to amend section 349 of the recreation services at Smith Gulch in Idaho, Post Office Building’’; to the Committee on Immigration and Nationality Act to deem and for other purposes. Homeland Security and Governmental Af- specified activities in support of terrorism as H.R. 4443. An act to designate the facility fairs. renunciation of United States nationality. of the United States Postal Service located H.R. 4189. An act to designate the facility The following bill was read the first at 90 Vermilyea Avenue, in New York, New of the United States Postal Service located and second times by unanimous con- York, as the ‘‘Corporal Juan Mariel at 4000 Leap Road in Hilliard, Ohio, as the sent, and placed on the calendar: Alcantara Post Office Building’’. ‘‘Master Sergeant Shawn T. Hannon, Master H.R. 4527. An act to remove a use restric- Sergeant Jeffrey J. Rieck and Veterans Me- H.R. 744. An act to provide effective crimi- tion on land formerly a part of Acadia Na- morial Post Office Building’’; to the Com- nal prosecutions for certain identity thefts, tional Park that was transferred to the town mittee on Homeland Security and Govern- and for other purposes. of Tremont, Maine, and for other purposes. mental Affairs. f H.R. 4651. An act to designate the facility H.R. 4283. An act to amend the Wild and of the United States Postal Service located Scenic Rivers Act to authorize the Secretary EXECUTIVE AND OTHER at 601 West Baker Road in Baytown, Texas, of the Interior to maintain or replace certain COMMUNICATIONS as the ‘‘Specialist Keith Erin Grace, Jr. Me- facilities and structures for commercial The following communications were morial Post Office’’. recreation services at Smith Gulch in Idaho, laid before the Senate, together with H.R. 4939. An act to designate the facility and for other purposes; to the Committee on of the United States Postal Service located Energy and Natural Resources. accompanying papers, reports, and doc- at 2551 Galena Avenue in Simi Valley, Cali- H.R. 4443. An act to designate the facility uments, and were referred as indicated: fornia, as the ‘‘Neil Havens Post Office’’. of the United States Postal Service located EC–6764. A communication from the Dep- H.R. 5019. An act to designate the facility at 90 Vermilyea Avenue, in New York, New uty Assistant Administrator for Regulatory of the United States Postal Service located York, as the ‘‘Corporal Juan Mariel Programs, Office of Protected Resources, De- at 1335 Jefferson Road in Rochester, New Alcantara Post Office Building’’; to the Com- partment of Commerce, transmitting, pursu- York, as the ‘‘Specialist Theodore Matthew mittee on Homeland Security and Govern- ant to law, the report of a rule entitled Glende Post Office’’. mental Affairs. ‘‘Subsistence Taking of Northern Fur Seals H.R. 5030. An act to designate the facility H.R. 4527. An act to remove a use restric- on the Pribilof Islands; Final Annual Harvest of the United States Postal Service located tion on land formerly a part of Acadia Na- Estimates for 2014–2016’’ (RIN0648–BE03) re- at 13500 SW 250 Street in Princeton, Florida, tional Park that was transferred to the town ceived during adjournment of the Senate in as the ‘‘Corporal Christian A. Guzman Ri- of Tremont, Maine, and for other purposes; the Office of the President of the Senate on vera Post Office Building’’. to the Committee on Energy and Natural Re- August 14, 2014; to the Committee on Envi- H.R. 5089. An act to designate the facility sources. ronment and Public Works. of the United States Postal Service located H.R. 4651. An act to designate the facility EC–6765. A communication from the Ad- at 2000 Mulford Road in Mulberry, Florida, as of the United States Postal Service located ministrator of the Environmental Protection the ‘‘Sergeant First Class Daniel M. Fer- at 601 West Baker Road in Baytown, Texas, Agency, transmitting, pursuant to law, an guson Post Office’’. as the ‘‘Specialist Keith Erin Grace, Jr. Me- annual report relative to the implementa- H.R. 5106. An act to designate the facility morial Post Office’’; to the Committee on tion of the Formaldehyde Standards for of the United States Postal Service located Homeland Security and Governmental Af- Composite Wood Products Act; to the Com- at 100 Admiral Callaghan Lane in Vallejo, fairs. mittee on Environment and Public Works. California, as the ‘‘Philmore Graham Post H.R. 4939. An act to designate the facility EC–6766. A communication from the Chief Office Building’’. of the United States Postal Service located of the Publications and Regulations Branch, H.R. 5309. An act to authorize and at 2551 Galena Avenue in Simi Valley, Cali- Internal Revenue Service, Department of the strengthen the tsunami detection, forecast, fornia, as the ‘‘Neil Havens Post Office’’; to Treasury, transmitting, pursuant to law, the warning, research, and mitigation program the Committee on Homeland Security and report of a rule entitled ‘‘Material Advisor of the National Oceanic and Atmospheric Ad- Governmental Affairs. Penalty for Failure to Furnish Information ministration, and for other purposes. H.R. 5019. An act to designate the facility Regarding Reportable Transactions’’ H.J. Res. 120. Joint resolution approving of the United States Postal Service located ((RIN1545–BF59) (TD 9686)) received during the location of a memorial to commemorate at 1335 Jefferson Road in Rochester, New adjournment of the Senate in the Office of

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.001 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5432 CONGRESSIONAL RECORD — SENATE September 9, 2014 the President of the Senate on August 11, law, the report of a rule entitled ‘‘Medicare law, a report relative to section 36(c) of the 2014; to the Committee on Finance. Program; Inpatient Rehabilitation Facility Arms Export Control Act (DDTC 14–031); to EC–6767. A communication from the Chief Prospective Payment System for Federal the Committee on Foreign Relations. of the Publications and Regulations Branch, Fiscal Year 2015’’ ((RIN0938–AS09) (CMS–1608– EC–6786. A communication from the Assist- Internal Revenue Service, Department of the F)) received in the Office of the President of ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the the Senate on July 31, 2014; to the Com- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Foreign Tax Credit mittee on Finance. law, a report relative to section 36(c) of the Guidance under Section 901(m)’’ (Notice 2014– EC–6776. A communication from the Dep- Arms Export Control Act (DDTC 14–061); to 45) received during adjournment of the Sen- uty Director, Centers for Medicare and Med- the Committee on Foreign Relations. ate in the Office of the President of the Sen- icaid Services, Department of Health and EC–6787. A communication from the Assist- ate on August 11, 2014; to the Committee on Human Services, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- Finance. law, the report of a rule entitled ‘‘Medicare ment of State, transmitting, pursuant to EC–6768. A communication from the Chief Program; Inpatient Psychiatric Facilities law, a report relative to section 36(c) of the of the Publications and Regulations Branch, Prospective Payment System—Update for Arms Export Control Act (DDTC 14–075); to Internal Revenue Service, Department of the Fiscal Year Beginning October 1, 2014 (FY the Committee on Foreign Relations. Treasury, transmitting, pursuant to law, the 2015)’’ ((RIN0938–AS08) (CMS–1606–F)) re- EC–6788. A communication from the Assist- report of a rule entitled ‘‘Segregation Rule ceived in the Office of the President of the ant Secretary, Legislative Affairs, Depart- Effective Date’’ ((RIN1545–BM18) (TD 9685)) Senate on July 31, 2014; to the Committee on ment of State, transmitting, pursuant to received during adjournment of the Senate Finance. law, a report relative to section 36(c) of the in the Office of the President of the Senate EC–6777. A communication from the Senior Arms Export Control Act (DDTC 14–083); to on August 11, 2014; to the Committee on Fi- Counsel for Regulatory Affairs, Office of Fis- the Committee on Foreign Relations. nance. cal Assistant Secretary, Department of the EC–6789. A communication from the Assist- EC–6769. A communication from the Chief Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- of the Publications and Regulations Branch, report of a rule entitled ‘‘Department of the ment of State, transmitting, pursuant to Internal Revenue Service, Department of the Treasury Regulations for the Gulf Coast Res- law, a report relative to section 36(c) of the Treasury, transmitting, pursuant to law, the toration Trust Fund’’ ((RIN1505–AC44) (31 Arms Export Control Act (DDTC 14–055); to report of a rule entitled ‘‘Dixon v. Commis- CFR Part 34)) received during adjournment the Committee on Foreign Relations. sioner, 141 T.C. No. 3 (2013)’’ (AOD 2014–01) re- of the Senate in the Office of the President EC–6790. A communication from the Assist- ceived during adjournment of the Senate in of the Senate on August 15, 2014; to the Com- ant Secretary, Legislative Affairs, Depart- the Office of the President of the Senate on mittee on Finance. ment of State, transmitting, pursuant to September 2, 2014; to the Committee on Fi- EC–6778. A communication from the Fed- law, a report relative to section 36(c) of the nance. eral Register Liaison Officer, Alcohol and Arms Export Control Act (DDTC 14–086); to EC–6770. A communication from the Chief Tobacco Tax and Trade Bureau, Department the Committee on Foreign Relations. of the Publications and Regulations Branch, of the Treasury, transmitting, pursuant to EC–6791. A communication from the Assist- Internal Revenue Service, Department of the law, the report of a rule entitled ‘‘Establish- ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the ment of the Manton Valley Viticultural ment of State, transmitting, pursuant to report of a rule entitled ‘‘2014 National Pool’’ Area’’ (RIN1513–AC03) received during ad- law, a report relative to section 36(d) of the (Rev. Proc. 2014–52) received during adjourn- journment of the Senate in the Office of the Arms Export Control Act (DDTC 14–040); to ment of the Senate in the Office of the Presi- President of the Senate on August 14, 2014; to the Committee on Foreign Relations. dent of the Senate on September 2, 2014; to the Committee on Finance. EC–6792. A communication from the Assist- the Committee on Finance. EC–6779. A communication from the Acting ant Legal Adviser for Treaty Affairs, Depart- EC–6771. A communication from the Chief Assistant Secretary, Bureau of Political- ment of State, transmitting, pursuant to the of the Publications and Regulations Branch, Military Affairs, Department of State, trans- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Internal Revenue Service, Department of the mitting, pursuant to law, an addendum to a the report of the texts and background state- Treasury, transmitting, pursuant to law, the certification, of the proposed sale or export ments of international agreements, other report of a rule entitled ‘‘Clarification and of defense articles and/or defense services to than treaties (List 2014–0090—2014–0094); to Modification of Notice 2013–29 and Notice a Middle East country (OSS–2014–1229); to the the Committee on Foreign Relations. 2013–60’’ (Notice 2014–46) received during ad- Committee on Foreign Relations. EC–6793. A communication from the Assist- journment of the Senate in the Office of the EC–6780. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- President of the Senate on August 14, 2014; to ant Secretary, Bureau of Political-Military ment of State, transmitting, pursuant to the Committee on Finance. Affairs, Department of State, transmitting, law, eighteen (18) reports relative to vacan- EC–6772. A communication from the Chief pursuant to law, an addendum to a certifi- cies in the Department of State, received of the Publications and Regulations Branch, cation, of the proposed sale or export of de- during adjournment of the Senate in the Of- Internal Revenue Service, Department of the fense articles and/or defense services to a fice of the President of the Senate on August Treasury, transmitting, pursuant to law, the Middle East country (OSS–2014–1154); to the 15, 2014; to the Committee on Foreign Rela- report of a rule entitled ‘‘Update for Weight- Committee on Foreign Relations. tions. ed Average Interest Rates, Yield Curves, and EC–6781. A communication from the Assist- EC–6794. A communication from the Acting Segment Rates’’ (Notice 2014–48) received ant Secretary, Bureau of Political-Military Assistant Secretary for Special Education during adjournment of the Senate in the Of- Affairs, Department of State, transmitting, and Rehabilitative Services, Department of fice of the President of the Senate on August pursuant to law, an addendum to a certifi- Education, transmitting, pursuant to law, 14, 2014; to the Committee on Finance. cation, of the proposed sale or export of de- the report of a rule entitled ‘‘Final Priority. EC–6773. A communication from the Chief fense articles and/or defense services to a Technical Assistance on State Data Collec- of the Publications and Regulations Branch, Middle East country (OSS–2014–1152); to the tion—IDEA Data Management Center’’ Internal Revenue Service, Department of the Committee on Foreign Relations. (CFDA No. 84.373M.) received during adjourn- Treasury, transmitting, pursuant to law, the EC–6782. A communication from the Assist- ment of the Senate in the Office of the Presi- report of a rule entitled ‘‘Awards for Infor- ant Secretary, Bureau of Political-Military dent of the Senate on August 13, 2014; to the mation Relating to Detecting Underpay- Affairs, Department of State, transmitting, Committee on Health, Education, Labor, and ments of Tax or Violations of the Internal pursuant to law, an addendum to a certifi- Pensions. Revenue Laws’’ ((RIN1545–BL08) (TD 9687)) cation, of the proposed sale or export of de- EC–6795. A communication from the Direc- received during adjournment of the Senate fense articles and/or defense services to a tor, Office of Special Education Programs, in the Office of the President of the Senate Middle East country (OSS–2014–1153); to the Department of Education, transmitting, pur- on August 14, 2014; to the Committee on Fi- Committee on Foreign Relations. suant to law, the report of a rule entitled nance. EC–6783. A communication from the Assist- ‘‘Final priority. Rehabilitation Training: Re- EC–6774. A communication from the Dep- ant Secretary, Legislative Affairs, Depart- habilitation Long-Term Training Program— uty Director, Centers for Medicare and Med- ment of State, transmitting, pursuant to Rehabilitation Specialty Areas’’ (CFDA Nos. icaid Services, Department of Health and law, a report relative to the designation of a 84.129C, E, F, H, J, P, Q, R, and W.) received Human Services, transmitting, pursuant to group as a Foreign Terrorist Organization by in the Office of the President of the Senate law, the report of a rule entitled ‘‘Medicare the Secretary of State (OSS–2014–1173); to on July 31, 2014; to the Committee on Health, Program; Prospective Payment System and the Committee on Foreign Relations. Education, Labor, and Pensions. Consolidated Billing for Skilled Nursing Fa- EC–6784. A communication from the Assist- EC–6796. A communication from the Dep- cilities for FY 2015’’ (RIN0938–AS07) received ant Secretary, Legislative Affairs, Depart- uty Director, Centers for Medicare and Med- in the Office of the President of the Senate ment of State, transmitting, pursuant to icaid Services, Department of Health and on July 31, 2014; to the Committee on Fi- law, a report relative to section 36(c) of the Human Services, transmitting, pursuant to nance. Arms Export Control Act (DDTC 14–087); to law, the report of a rule entitled ‘‘Adminis- EC–6775. A communication from the Dep- the Committee on Foreign Relations. trative Simplification: Change to the Com- uty Director, Centers for Medicare and Med- EC–6785. A communication from the Assist- pliance Date for the International Classifica- icaid Services, Department of Health and ant Secretary, Legislative Affairs, Depart- tion of Diseases, 10th Revision (ICD–10-CM Human Services, transmitting, pursuant to ment of State, transmitting, pursuant to and ICD–10-PCS) Medical Data Code Sets’’

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.009 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5433 ((RIN0938–AS31) (CMS–0043-F)) received in EC–6803. A communication from the Gen- Senate on August 1, 2014; to the Committee the Office of the President of the Senate on eral Counsel, Pension Benefit Guaranty Cor- on Homeland Security and Governmental Af- July 31, 2014; to the Committee on Health, poration, transmitting, pursuant to law, the fairs. Education, Labor, and Pensions. report of a rule entitled ‘‘Benefits Payable in EC–6812. A communication from the Acting EC–6797. A communication from the Acting Terminated Single-Employer Plans; Interest District of Columbia Auditor, transmitting, Assistant General Counsel for Regulatory Assumptions for Paying Benefits’’ (29 CFR pursuant to law, a report entitled ‘‘Suffi- Services, Office of Special Education and Re- Part 4022) received during adjournment of ciency Certification for the Washington Con- habilitative Services, Department of Edu- the Senate in the Office of the President of vention and Sports Authority’s (Trading As cation, transmitting, pursuant to law, the the Senate on August 11, 2014; to the Com- Events DC) Projected Revenues and Excess report of a rule entitled ‘‘Final Priority; Re- mittee on Health, Education, Labor, and Reserve to Meet Projected Operating and habilitation Services Administration-Assist- Pensions. Debt Service Expenditures and Reserve Re- ive Technology Alternative Financing Pro- EC–6804. A communication from the Execu- quirements for Fiscal Year 2015’’; to the gram’’ (CFDA No. 84.224D.) received during tive Analyst, Office of the Secretary, Depart- Committee on Homeland Security and Gov- adjournment of the Senate in the Office of ment of Health and Human Services, trans- ernmental Affairs. the President of the Senate on August 28, mitting, pursuant to law, a report relative to EC–6813. A communication from the Acting 2014; to the Committee on Health, Education, a vacancy in the position of Assistant Sec- District of Columbia Auditor, transmitting, Labor, and Pensions. retary for Health, Department of Health and pursuant to law, a report entitled ‘‘Audit of EC–6798. A communication from the Acting Human Services; to the Committee on the District’s Eastern Market Program and Assistant General Counsel for Regulatory Health, Education, Labor, and Pensions. Fund’’; to the Committee on Homeland Secu- Services, Office of Special Education and Re- EC–6805. A communication from the Execu- rity and Governmental Affairs. habilitative Services, Department of Edu- tive Analyst, Office of the Secretary, Depart- EC–6814. A communication from the Chair- cation, transmitting, pursuant to law, the ment of Health and Human Services, trans- man of the National Transportation Safety report of a rule entitled ‘‘Final Priority; mitting, pursuant to law, a report relative to Board, transmitting, pursuant to law, the Technical Assistance on State Data Collec- a vacancy in the position of Commissioner Board’s Fiscal Year 2013 Annual Report on tion—IDEA Fiscal Data Center’’ (34 CFR on Children, Youth, and Families, Depart- The Notification and Federal Employee Chapter III) received during adjournment of ment of Health and Human Services; to the Antidiscrimination and Retaliation Act of the Senate in the Office of the President of Committee on Health, Education, Labor, and 2002; to the Committee on Homeland Secu- the Senate on August 28, 2014; to the Com- Pensions. rity and Governmental Affairs. mittee on Health, Education, Labor, and EC–6806. A communication from the Assist- EC–6815. A communication from the Gen- Pensions. ant Secretary for Occupational Safety and eral Counsel and Senior Policy Advisor, Of- EC–6799. A communication from the Acting Health, Department of Labor, transmitting, fice of Management and Budget, Executive Assistant General Counsel for Regulatory pursuant to law, the report of a rule entitled Office of the President, transmitting, pursu- Services, Office of Special Education and Re- ‘‘Procedures for Handling Retaliation Com- ant to law, three (3) reports relative to va- habilitative Services, Department of Edu- plaints Under the Employee Protection Pro- cancies in the Office of Management and cation, transmitting, pursuant to law, the vision of the Consumer Financial Protection Budget, received during adjournment of the report of a rule entitled ‘‘Final Priority; Act of 2010’’ (RIN1218–AC58) received in the Senate in the Office of the President of the Technical Assistance on State Data Collec- Office of the President of the Senate on July Senate on August 15, 2014; to the Committee tion—IDEA Data Management Center’’ 31, 2014; to the Committee on Health, Edu- on Homeland Security and Governmental Af- (CFDA No. 84.373M.) received during adjourn- cation, Labor, and Pensions. fairs. ment of the Senate in the Office of the Presi- EC–6807. A communication from the Chief EC–6816. A communication from the Chair- dent of the Senate on August 28, 2014; to the of the Border Security Regulations Branch, man, Merit Systems Protection Board, Committee on Health, Education, Labor, and Customs and Border Protection, Department transmitting, pursuant to law, a report enti- Pensions. of Homeland Security, transmitting, pursu- tled ‘‘Veteran Hiring in the Civil Service: EC–6800. A communication from the Acting ant to law, the report of a rule entitled Practices and Perceptions’’; to the Com- Assistant General Counsel for Regulatory ‘‘Technical Amendment to the List of CBP mittee on Homeland Security and Govern- Services, Office of Special Education and Re- Preclearance Offices in Foreign Countries: mental Affairs. habilitative Services, Department of Edu- Addition of Abu Dhabi, United Arab Emir- EC–6817. A communication from the Assist- cation, transmitting, pursuant to law, the ates’’ (CBP Dec. 14–09) received during ad- ant Attorney General, Office of Legislative report of a rule entitled ‘‘Final Priority; Re- journment of the Senate in the Office of the Affairs, Department of Justice, transmit- habilitation Training: Rehabilitation Long- President of the Senate on August 11, 2014; to ting, pursuant to law, a report on the De- Term Training Program—Rehabilitation the Committee on Homeland Security and partment’s activities during calendar year Specialty Areas’’ ((34 CFR Chapter III) Governmental Affairs. 2013 relative to the Equal Credit Opportunity (Docket No. ED–2014–OSERS–0068)) received EC–6808. A communication from the Direc- Act; to the Committee on the Judiciary. during adjournment of the Senate in the Of- tor of the Office of Personnel Management, EC–6818. A communication from the Chief fice of the President of the Senate on August transmitting, pursuant to law, the report of of the Office of Regulatory Affairs, Bureau of 28, 2014; to the Committee on Health, Edu- a rule entitled ‘‘Nondiscrimination Provi- Alcohol, Tobacco, Firearms, and Explosives, cation, Labor, and Pensions. sions’’ (RIN3206–AM77) received during ad- Department of Justice, transmitting, pursu- EC–6801. A communication from the Acting journment of the Senate in the Office of the ant to law, the report of a rule entitled Assistant General Counsel for Regulatory President of the Senate on August 14, 2014; to ‘‘Elimination of Firearms Transaction Services, Office of Special Education and Re- the Committee on Homeland Security and Record, ATF Form 4473 (Low Volume) habilitative Services, Department of Edu- Governmental Affairs. (2008R–21P)’’ (RIN1140–AA34) received during cation, transmitting, pursuant to law, the EC–6809. A communication from the Direc- adjournment of the Senate in the Office of report of a rule entitled ‘‘Final Priorities; tor of the Office of Personnel Management, the President of the Senate on August 11, Rehabilitation Services Administration—Ca- transmitting, pursuant to law, the report of 2014; to the Committee on the Judiciary. pacity Building Program for Traditionally a rule entitled ‘‘Phased Retirement’’ EC–6819. A communication from the Li- Underserved Populations—Vocational Reha- (RIN3206–AM71) received during adjournment brarian of Congress, transmitting, pursuant bilitation Training Institute for the Prepara- of the Senate in the Office of the President to law, the Annual Report of the Librarian of tion of Personnel in American Indian Voca- of the Senate on August 14, 2014; to the Com- Congress for fiscal year 2013; to the Com- tional Rehabilitation Services Projects’’ mittee on Homeland Security and Govern- mittee on Rules and Administration. ((CFDA No. 84.315C.) (Docket No. ED–2014– mental Affairs. EC–6820. A communication from the Assist- OSERS–0024)) received during adjournment EC–6810. A communication from the Asso- ant Attorney General, Office of Legislative of the Senate in the Office of the President ciate General Counsel for General Law, De- Affairs, Department of Justice, transmit- of the Senate on August 28, 2014; to the Com- partment of Homeland Security, transmitting, pursuant to law, a report entitled ‘‘Uni- mittee on Health, Education, Labor, and ting, pursuant to law, a report relative to a formed Services Employment and Reemploy- Pensions. vacancy in the position of Chief Financial ment Rights Act of 1994 (USERRA) Quarterly EC–6802. A communication from the Acting Officer, Department of Homeland Security, Report to Congress; Third Quarter of Fiscal Assistant General Counsel for Regulatory received in the Office of the President of the Year 2014’’; to the Committee on Veterans’ Services, Office of Special Education and Re- Senate on August 1, 2014; to the Committee Affairs. habilitative Services, Department of Edu- on Homeland Security and Governmental Af- EC–6821. A communication from the Chief cation, transmitting, pursuant to law, the fairs. of the Regulation Policy and Management report of a rule entitled ‘‘Final Priority. Re- EC–6811. A communication from the Asso- Office of the General Counsel, Veterans Ben- habilitation Training: Job-Driven Voca- ciate General Counsel for General Law, De- efits Administration, Department of Vet- tional Rehabilitation Technical Assistance partment of Homeland Security, transmit- erans Affairs, transmitting, pursuant to law, Center’’ (CFDA No. 84.264A.) received during ting, pursuant to law, a report relative to a the report of a rule entitled adjournment of the Senate in the Office of vacancy in the position of Deputy Adminis- ‘‘Servicemembers’ Group Life Insurance— the President of the Senate on August 28, trator, Federal Emergency Management Veterans’ Group Life Insurance Regulation 2014; to the Committee on Health, Education, Agency, Department of Homeland Security, Update—ABO, VGLI Application, SGLI 2- Labor, and Pensions. received in the Office of the President of the Year Disability Extension’’ (RIN2900–AO74)

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.011 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5434 CONGRESSIONAL RECORD — SENATE September 9, 2014 received in the Office of the President of the By Mr. LEAHY (for himself, Mr. SAND- Monitor and Combat Trafficking of the Senate on July 31, 2014; to the Committee on ERS, Mr. REID, Mr. MCCONNELL, Mr. Department of State the Bureau to Veterans’ Affairs. ALEXANDER, Ms. AYOTTE, Ms. BALD- Monitor and Combat Trafficking in EC–6822. A communication from the Direc- WIN, Mr. BARRASSO, Mr. BEGICH, Mr. Persons and to provide for an Assistant tor of the Regulation Policy and Manage- BENNET, Mr. BLUMENTHAL, Mr. ment Office of the General Counsel, Veterans BLUNT, Mr. BOOKER, Mr. BOOZMAN, Secretary to head such Bureau, and for Benefits Administration, Department of Vet- Mrs. BOXER, Mr. BROWN, Mr. BURR, other purposes. erans Affairs, transmitting, pursuant to law, Ms. CANTWELL, Mr. CARDIN, Mr. CAR- S. 1251 the report of a rule entitled ‘‘Schedule for PER, Mr. CASEY, Mr. CHAMBLISS, Mr. At the request of Mr. REED, the name Rating Disabilities—Mental Disorders and COATS, Mr. COBURN, Mr. COCHRAN, Ms. of the Senator from North Carolina Definition of Psychosis for Certain VA Pur- COLLINS, Mr. COONS, Mr. CORKER, Mr. (Mrs. HAGAN) was added as a cosponsor poses’’ (RIN2900–AO96) received in the Office CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. of S. 1251, a bill to establish programs of the President of the Senate on July 31, DONNELLY, Mr. DURBIN, Mr. ENZI, 2014; to the Committee on Veterans’ Affairs. Mrs. FEINSTEIN, Mrs. FISCHER, Mr. with respect to childhood, adolescent, EC–6823. A communication from the Direc- FLAKE, Mr. FRANKEN, Mrs. GILLI- and young adult cancer. tor of the Regulation Policy and Manage- BRAND, Mr. GRAHAM, Mr. GRASSLEY, S. 1495 ment Office of the General Counsel, Veterans Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, At the request of Mr. CASEY, the Benefits Administration, Department of Vet- Mr. HEINRICH, Ms. HEITKAMP, Mr. name of the Senator from New Jersey erans Affairs, transmitting, pursuant to law, HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. (Mr. BOOKER) was added as a cosponsor the report of a rule entitled INHOFE, Mr. ISAKSON, Mr. JOHANNS, ‘‘Servicemembers’ Group Life Insurance and Mr. JOHNSON of Wisconsin, Mr. JOHN- of S. 1495, a bill to direct the Adminis- Veterans’ Group Life Insurance Information SON of South Dakota, Mr. KAINE, Mr. trator of the Federal Aviation Admin- Access’’ (RIN2900–AO42) received during ad- KING, Mr. KIRK, Ms. KLOBUCHAR, Ms. istration to issue an order with respect journment of the Senate in the Office of the LANDRIEU, Mr. LEE, Mr. LEVIN, Mr. to secondary cockpit barriers, and for President of the Senate on August 14, 2014; to MANCHIN, Mr. MARKEY, Mr. MCCAIN, other purposes. the Committee on Veterans’ Affairs. Mrs. MCCASKILL, Mr. MENENDEZ, Mr. S. 1628 EC–6824. A communication from the Execu- MERKLEY, Ms. MIKULSKI, Mr. MORAN, ERKLEY tive Director, Office of Compliance, trans- Ms. MURKOWSKI, Mr. MURPHY, Mrs. At the request of Mr. M , the mitting, pursuant to the Congressional Ac- MURRAY, Mr. NELSON, Mr. PAUL, Mr. name of the Senator from Oregon (Mr. countability Act, a report relative to pro- PORTMAN, Mr. PRYOR, Mr. REED, Mr. WYDEN) was added as a cosponsor of S. posed procedural rulemaking; to the Com- RISCH, Mr. ROBERTS, Mr. ROCKE- 1628, a bill to provide Federal death and mittee on Homeland Security and Govern- FELLER, Mr. RUBIO, Mr. SCHATZ, Mr. disability benefits for contractors who mental Affairs. SCHUMER, Mr. SCOTT, Mr. SESSIONS, serve as firefighters of the Forest Serv- EC–6825. A communication from the Execu- Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- ice, Department of the Interior agen- tive Director, Office of Compliance, trans- BENOW, Mr. TESTER, Mr. THUNE, Mr. cies, or any State or local entity. mitting, pursuant to the Congressional Ac- TOOMEY, Mr. UDALL of Colorado, Mr. countability Act, a report relative to pro- UDALL of New Mexico, Mr. VITTER, S. 1695 posed rulemaking; to the Committee on Mr. WALSH, Mr. WARNER, Ms. WAR- At the request of Ms. CANTWELL, the Homeland Security and Governmental Af- REN, Mr. WHITEHOUSE, Mr. WICKER, names of the Senator from Colorado fairs. and Mr. WYDEN): (Mr. BENNET) and the Senator from f S. Res. 539. A resolution relative to the Connecticut (Mr. BLUMENTHAL) were death of James M. Jeffords, former United added as cosponsors of S. 1695, a bill to INTRODUCTION OF BILLS AND States Senator for the State of Vermont; JOINT RESOLUTIONS considered and agreed to. designate a portion of the Arctic Na- tional Wildlife Refuge as wilderness. The following bills and joint resolu- f S. 1739 tions were introduced, read the first ADDITIONAL COSPONSORS At the request of Mr. HOEVEN, the and second times by unanimous con- S. 375 name of the Senator from Wyoming sent, and referred as indicated: At the request of Mr. TESTER, the (Mr. BARRASSO) was added as a cospon- By Mr. MCCONNELL: name of the Senator from New Hamp- sor of S. 1739, a bill to modify the effi- S. 2780. A bill to direct the Secretary of the ciency standards for grid-enabled water Interior to conduct a special resource study shire (Ms. AYOTTE) was added as a co- to evaluate the significance of the Mill sponsor of S. 375, a bill to require Sen- heaters. Springs Battlefield located in Pulaski and ate candidates to file designations, S. 2156 Wayne Counties, Kentucky, and the feasi- statements, and reports in electronic At the request of Mr. VITTER, the bility of its inclusion in the National Park form. name of the Senator from Kentucky System, and for other purposes; to the Com- S. 641 (Mr. PAUL) was added as a cosponsor of mittee on Energy and Natural Resources. S. 2156, a bill to amend the Federal By Mr. GRASSLEY (for himself and At the request of Mr. WYDEN, the Mrs. MCCASKILL): name of the Senator from Minnesota Water Pollution Control Act to con- S. 2781. A bill to improve student and ex- (Mr. FRANKEN) was added as a cospon- firm the scope of the authority of the change visitor visa programs; to the Com- sor of S. 641, a bill to amend the Public Administrator of the Environmental mittee on the Judiciary. Health Service Act to increase the Protection Agency to deny or restrict By Mr. SANDERS (for himself and Mr. number of permanent faculty in pallia- the use of defined areas as disposal BLUMENTHAL): tive care at accredited allopathic and sites. S. 2782. A bill to amend title 36, United osteopathic medical schools, nursing S. 2223 States Code, to improve the Federal charter for the Veterans of Foreign Wars of the schools, and other programs, to pro- At the request of Mr. HARKIN, the United States, and for other purposes; to the mote education in palliative care and name of the Senator from Colorado Committee on the Judiciary. hospice, and to support the develop- (Mr. UDALL) was added as a cosponsor f ment of faculty careers in academic of S. 2223, a bill to provide for an in- palliative medicine. crease in the Federal minimum wage SUBMISSION OF CONCURRENT AND S. 1088 and to amend the Internal Revenue SENATE RESOLUTIONS At the request of Mr. FRANKEN, the Code of 1986 to extend increased ex- The following concurrent resolutions name of the Senator from New Jersey pensing limitations and the treatment and Senate resolutions were read, and (Mr. MENENDEZ) was added as a cospon- of certain real property as section 179 referred (or acted upon), as indicated: sor of S. 1088, a bill to end discrimina- property. By Mrs. SHAHEEN (for herself, Ms. tion based on actual or perceived sex- S. 2258 AYOTTE, Mr. NELSON, Mr. RUBIO, and ual orientation or gender identity in At the request of Mr. BEGICH, the Mr. MENENDEZ): public schools, and for other purposes. name of the Senator from Arkansas S. Res. 538. A resolution expressing the S. 1249 (Mr. PRYOR) was added as a cosponsor condolences of the Senate to the families of James Foley and Steven Sotloff, and con- At the request of Mr. BLUMENTHAL, of S. 2258, a bill to provide for an in- demning the terrorist acts of the Islamic the name of the Senator from Iowa crease, effective December 1, 2014, in State of Iraq and the Levant; considered and (Mr. HARKIN) was added as a cosponsor the rates of compensation for veterans agreed to. of S. 1249, a bill to rename the Office to with service-connected disabilities and

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.013 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5435 the rates of dependency and indemnity sponsors of S. 2694, a bill to amend title S. 2780 compensation for the survivors of cer- XIX of the Social Security Act to ex- Be it enacted by the Senate and House of Rep- tain disabled veterans, and for other tend the application of the Medicare resentatives of the United States of America in purposes. payment rate floor to primary care Congress assembled, SECTION 1. BATTLE OF MILL SPRINGS STUDY. S. 2462 services furnished under Medicaid and (a) FINDINGS.—Congress finds as follows: At the request of Mr. THUNE, the to apply the rate floor to additional (1) In 1994, the Mills Springs Battlefield in name of the Senator from New Hamp- providers of primary care services. Pulaski and Wayne Counties in Kentucky shire (Ms. AYOTTE) was added as a co- S. 2706 was designated as a National Historic Land- sponsor of S. 2462, a bill to amend the At the request of Mr. ENZI, the names mark by the Department of the Interior. Internal Revenue Code of 1986 to ex- of the Senator from Arkansas (Mr. (2) The Battle of Mill Springs was the first empt certain educational institutions significant Union victory in the western the- BOOZMAN) and the Senator from Ala- ater of the Civil War. from the employer health insurance bama (Mr. SESSIONS) were added as co- (3) The outcome of the Battle of Mill mandate. sponsors of S. 2706, a bill to ensure that Springs, along with Union victories at Fort S. 2496 organizations with religious or moral Henry and Fort Donelson paved the way for At the request of Mr. BARRASSO, the convictions are allowed to continue to a major battle at Shiloh, Tennessee. name of the Senator from Alabama provide services for children. (4) In 1991, the National Park Service placed the Mill Springs Battlefield on a list (Mr. SHELBY) was added as a cosponsor S. 2709 of endangered battlefields, noting the impact of S. 2496, a bill to preserve existing At the request of Mr. MANCHIN, the of this battle to the course of the Civil War. rights and responsibilities with respect name of the Senator from Maine (Mr. (5) In 1992, the Mill Springs Battlefield As- to waters of the United States. KING) was added as a cosponsor of S. sociation formed, and utilizing Federal, S. 2545 2709, a bill to extend and reauthorize State, and local support has managed to pre- At the request of Ms. AYOTTE, the the Export-Import Bank of the United serve important tracts of the battlefield, name of the Senator from Minnesota States, and for other purposes. construct an interactive visitor center, and educate the public about this historic event. (Ms. KLOBUCHAR) was added as a co- S. 2710 (6) There is strong community interest in sponsor of S. 2545, a bill to require the At the request of Mr. THUNE, the incorporating the Mill Springs Battlefield Secretary of Veterans Affairs to revoke name of the Senator from Kansas (Mr. into the National Park Service. bonuses paid to employees involved in MORAN) was added as a cosponsor of S. (7) The Mill Springs Battlefield Associa- electronic wait list manipulations, and 2710, a bill to amend the Internal Rev- tion has expressed its desire to give the pre- for other purposes. enue Code of 1986 to exempt private served battlefield as a gift to the United States. S. 2591 foundations from the tax on excess (b) DEFINITIONS.—For purposes of this Act: At the request of Mr. RUBIO, the business holdings in the case of certain (1) MILL SPRINGS BATTLEFIELD.—The term name of the Senator from Maine (Ms. philanthropic enterprises which are ‘‘Mill Springs Battlefield’’ means the area COLLINS) was added as a cosponsor of S. independently supervised, and for other encompassed by the National Historic Land- 2591, a bill to authorize the Secretary purposes. mark designations relating to the 1862 Battle of Mill Springs located in the counties of Pu- of State and the Administrator of the S. 2714 United States Agency for International laski and Wayne in Kentucky. At the request of Mr. BLUNT, the (2) SECRETARY.—The term ‘‘Secretary’’ Development to provide assistance to names of the Senator from Ohio (Mr. means the Secretary of the Interior. support the rights of women and girls BROWN) and the Senator from Nebraska (c) STUDY.—Not later than 3 years from the in developing countries, and for other (Mr. JOHANNS) were added as cospon- date funds are made available, the Secretary purposes. sors of S. 2714, a bill to require the Sec- shall conduct a special resource study to evaluate the significance of the Mill Springs S. 2643 retary of the Treasury to mint coins in Battlefield in Kentucky, and the feasibility At the request of Mr. BOOKER, the commemoration of the centennial of of its inclusion in the National Park System. name of the Senator from Maryland World War I. (d) CRITERIA FOR STUDY.—The Secretary (Mr. CARDIN) was added as a cosponsor S. 2732 shall conduct the study authorized by this Act in accordance with 8(b) of Public Law 91– of S. 2643, a bill to require a report by At the request of Mr. TOOMEY, the the Federal Communications Commis- 383 (16 U.S.C. 1a–5(b)). name of the Senator from South Da- (e) CONTENT OF STUDY.—The study shall in- sion on designated market areas. kota (Mr. THUNE) was added as a co- clude an analysis of the following: S. 2646 sponsor of S. 2732, a bill to increase (1) The significance of the Battle of Mill At the request of Mr. LEAHY, the from $10,000,000,000 to $50,000,000,000 the Springs to the outcome of the Civil War. name of the Senator from New York threshold figure at which regulated de- (2) Opportunities for public education (Mr. SCHUMER) was added as a cospon- pository institutions are subject to di- about the Civil War in Kentucky. sor of S. 2646, a bill to reauthorize the rect examination and reporting re- (3) Operational issues that should be con- Runaway and Homeless Youth Act, and sidered if the National Park System were to quirements of the Bureau of Consumer incorporate the Mill Springs Battlefield. for other purposes. Financial Protection, and for other (4) The feasibility of administering the S. 2650 purposes. Mill Springs Battlefield considering its size, configuration, and other factors, to include At the request of Mr. CORKER, the f name of the Senator from Missouri an annual cost estimate. (Mr. BLUNT) was added as a cosponsor STATEMENTS ON INTRODUCED (5) The economic, educational, and other of S. 2650, a bill to provide for congres- BILLS AND JOINT RESOLUTIONS impacts the inclusion of Mill Springs Battle- field into the National Park System would sional review of agreements relating to By Mr. MCCONNELL: have on the surrounding communities in Pu- Iran’s nuclear program, and for other S. 2780. A bill to direct the Secretary laski and Wayne Counties. purposes. of the Interior to conduct a special re- (6) The effect of the designation of the Mill S. 2655 source study to evaluate the signifi- Springs Battlefield as a unit of the National At the request of Ms. KLOBUCHAR, the cance of the Mill Springs Battlefield Park System on— names of the Senator from Ohio (Mr. (A) existing commercial and recreational located in Pulaski and Wayne Coun- activities, including by not limited to hunt- BROWN) and the Senator from Cali- ties, Kentucky, and the feasibility of ing, fishing, and recreational shooting, and fornia (Mrs. BOXER) were added as co- its inclusion in the National Park Sys- on the authorization, construction, oper- sponsors of S. 2655, a bill to reauthorize tem, and for other purposes; to the ation, maintenance, or improvement of en- the Young Women’s Breast Health Edu- Committee on Energy and Natural Re- ergy production and transmission infrastruc- cation and Awareness Requires Learn- sources. ture; and ing Young Act of 2009. Mr. MCCONNELL. Mr. President, I (B) the authority of State and local governments to manage those activities. S. 2694 ask unanimous consent that the text of (7) The identification of any authorities, At the request of Mr. BROWN, the the bill be printed in the RECORD. including condemnation, that will compel or names of the Senator from California There being no objection, the text of permit the Secretary to influence or partici- (Mrs. BOXER) and the Senator from Ha- the bill was ordered to be printed in pate in local land use decisions (such as zon- waii (Mr. SCHATZ) were added as co- the RECORD, as follows: ing) or place restrictions on non-Federal

VerDate Mar 15 2010 05:53 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.004 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5436 CONGRESSIONAL RECORD — SENATE September 9, 2014 lands if the Mill Springs Battlefield is des- (5) demands the immediate and uncondi- Whereas James M. Jeffords held a lifetime ignated a unit of the National Park System. tional release of all hostages being held by voting percentage of 96.2, casting over 5,800 (f) NOTIFICATION OF PRIVATE PROPERTY ISIL; and votes over 18 years; OWNERS.—Upon commencement of the study, (6) calls on the United States and the Whereas James M. Jeffords served as the owners of private property adjacent to the international community, working in part- Chairman of the Committee on Labor and battlefield will be notified of the study’s nership with the governments and citizens of Human Resources, the Committee on Health, commencement and scope. the Middle East, to address the threat posed Education, Labor, and Pensions, and the (g) SUBMISSION OF REPORT.—Upon comple- by ISIL. Committee on Environment and Public tion of the study, the Secretary shall submit SEC. 2. RULE OF CONSTRUCTION. Works: Now, therefore, be it a report on the findings of the study to the Nothing in this resolution shall be con- Resolved, That the Senate has heard with Committee on Natural Resources of the strued as a declaration of war or authoriza- profound sorrow and deep regret the an- House of Representatives and to the Com- tion to use force. nouncement of the death of the Honorable mittee on Energy and Natural Resources of f James M. Jeffords, former member of the the Senate. United States Senate. f SENATE RESOLUTION 539—REL- Resolved, That the Secretary of the Senate ATIVE TO THE DEATH OF JAMES SUBMITTED RESOLUTIONS communicate these resolutions to the House M. JEFFORDS, FORMER UNITED of Representatives and transmit an enrolled STATES SENATOR FOR THE copy thereof to the family of the deceased. SENATE RESOLUTION 538—EX- STATE OF VERMONT Resolved, That when the Senate adjourns PRESSING THE CONDOLENCES OF Mr. LEAHY (for himself, Mr. SAND- today, it stand adjourned as a further mark of respect to the memory of the Honorable ERS, Mr. REID of Nevada, Mr. MCCON- THE SENATE TO THE FAMILIES James M. Jeffords. OF JAMES FOLEY AND STEVEN NELL, Mr. ALEXANDER, Ms. AYOTTE, Ms. SOTLOFF, AND CONDEMNING BALDWIN, Mr. BARRASSO, Mr. BEGICH, f THE TERRORIST ACTS OF THE Mr. BENNET, Mr. BLUMENTHAL, Mr. ISLAMIC STATE OF IRAQ AND BLUNT, Mr. BOOKER, Mr. BOOZMAN, Mrs. THE LEVANT BOXER, Mr. BROWN, Mr. BURR, Ms. AMENDMENTS SUBMITTED AND CANTWELL, Mr. CARDIN, Mr. CARPER, PROPOSED Mrs. SHAHEEN (for herself, Ms. Mr. CASEY, Mr. CHAMBLISS, Mr. COATS, AYOTTE, Mr. NELSON, Mr. RUBIO, and SA 3787. Mr. COBURN submitted an Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, Mr. MENENDEZ) submitted the fol- amendment intended to be proposed by him Mr. COONS, Mr. CORKER, Mr. CORNYN, lowing resolution; which was consid- to the joint resolution S.J. Res. 19, proposing Mr. CRAPO, Mr. CRUZ, Mr. DONNELLY, an amendment to the Constitution of the ered and agreed to: Mr. DURBIN, Mr. ENZI, Mrs. FEINSTEIN, United States relating to contributions and S. RES. 538 Mrs. FISCHER, Mr. FLAKE, Mr. expenditures intended to affect elections; Whereas James Foley and Steven Sotloff FRANKEN, Mrs. GILLIBRAND, Mr. GRA- which was ordered to lie on the table. were highly respected journalists whose in- HAM, Mr. GRASSLEY, Mrs. HAGAN, Mr. SA 3788. Mr. MORAN submitted an amend- tegrity and dedication were a credit to their HARKIN, Mr. HATCH, Mr. HEINRICH, Ms. ment intended to be proposed by him to the profession; bill S. 2410, to authorize appropriations for HEITKAMP, Mr. HELLER, Ms. HIRONO, Whereas James Foley and Steven Sotloff fiscal year 2015 for military activities of the embodied the spirit of our Nation’s First Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, Department of Defense, for military con- Amendment liberties, including the freedom Mr. JOHANNS, Mr. JOHNSON of Wis- struction, and for defense activities of the of the press; consin, Mr. JOHNSON of South Dakota, Department of Energy, to prescribe military Whereas James Foley and Steven Sotloff Mr. KAINE, Mr. KING, Mr. KIRK, Ms. personnel strengths for such fiscal year, and made significant contributions to our Nation KLOBUCHAR, Ms. LANDRIEU, Mr. LEE, for other purposes; which was ordered to lie through their courageous reporting of events Mr. LEVIN, Mr. MANCHIN, Mr. MARKEY, on the table. in Libya, Syria, and elsewhere; Mr. MCCAIN, Mrs. MCCASKILL, Mr. SA 3789. Mrs. HAGAN submitted an amend- Whereas the Islamic State of Iraq and the MENENDEZ, Mr. MERKLEY, Ms. MIKUL- ment intended to be proposed by her to the Levant (ISIL) is a terrorist organization re- bill S. 2410, supra; which was ordered to lie SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. sponsible for committing barbaric acts on the table. against United States citizens; MURPHY, Mrs. MURRAY, Mr. NELSON, Whereas ISIL continues to hold hostages in Mr. PAUL, Mr. PORTMAN, Mr. PRYOR, f blatant contravention of international law; Mr. REED of Rhode Island, Mr. RISCH, Whereas ISIL has committed despicable Mr. ROBERTS, Mr. ROCKEFELLER, Mr. acts of violence against Iraqi Christians, RUBIO, Mr. SCHATZ, Mr. SCHUMER, Mr. TEXT OF AMENDMENTS forcing many to flee their ancient homeland; SCOTT, Mr. SESSIONS, Mrs. SHAHEEN, Whereas ISIL has committed despicable SA 3787. Mr. COBURN submitted an acts of violence against Muslims who do not Mr. SHELBY, Ms. STABENOW, Mr. amendment intended to be proposed by subscribe to ISIL’s depraved, violent, and op- TESTER, Mr. THUNE, Mr. TOOMEY, Mr. him to the joint resolution S.J. Res. 19, pressive ideology; UDALL of Colorado, Mr. UDALL of New proposing an amendment to the Con- Whereas ISIL has threatened to decimate Mexico, Mr. VITTER, Mr. WALSH, Mr. stitution of the United States relating the ancient Yazidi population of Iraq while WARNER, Ms. WARREN, Mr. WHITE- to contributions and expenditures in- abducting Yazidi women and children and HOUSE, Mr. WICKER, and Mr. WYDEN) tended to affect elections; which was subjecting them to rape, forced marriage, submitted the following resolution; ordered to lie on the table; as follows: and slavery; which was considered and agreed to: Whereas ISIL has targeted many other re- Strike all after the resolving clause and in- ligious and ethnic minority groups, includ- S. RES. 539 sert the following: ing Turkmen populations; and Whereas James M. Jeffords was born in the That the following article is proposed as an Whereas ISIL threatens to conduct ter- state of Vermont, and graduated Yale Uni- amendment to the Constitution of the rorist attacks internationally: Now, there- versity and Harvard Law School; United States, which shall be valid to all in- fore, be it Whereas James M. Jeffords served in the tents and purposes as part of the Constitu- Resolved, United States Navy from 1956 to 1959 and tion when ratified by the legislatures of SECTION 1. SENSE OF THE SENATE. later in the Naval Reserve, retiring as cap- three-fourths of the several States within The Senate— tain; seven years after the date of its submission (1) strongly condemns the terrorist acts of Whereas James M. Jeffords began his serv- by the Congress: ISIL, including the barbaric and deplorable ice to his beloved state of Vermont by serv- murders of James Foley and Steven Sotloff; ing in the Vermont Senate from 1967 to 1968 ‘‘ARTICLE — (2) mourns the deaths of James Foley and and as Vermont Attorney General from 1969 ‘‘SECTION 1. No person who has served 3 Steven Sotloff and expresses its condolences to 1973; terms as a Representative shall be eligible to their families; Whereas James M. Jeffords was first elect- for election to the House of Representatives. (3) salutes James Foley and Steven Sotloff ed to the United States House of Representa- For purposes of this section, the election of for their unwavering and courageous pursuit tives in 1974 and served seven terms as Rep- a person to fill a vacancy in the House of of journalistic excellence under the most dif- resentative from the State of Vermont; Representatives shall be included as 1 term ficult and dangerous of conditions; Whereas in 1988, James M. Jeffords was in determining the number of terms that (4) supports efforts to vigorously pursue first elected to the United States Senate and such person has served as a Representative if and bring to justice those responsible for the faithfully served the people of the State of the person fills the vacancy for more than 1 murders of James Foley and Steven Sotloff; Vermont for three terms as a Senator; year.

VerDate Mar 15 2010 04:21 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.005 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5437 ‘‘SECTION 2. No person who has served 2 on Indian Affairs will meet during the COMMITTEE ON THE JUDICIARY terms as a Senator shall be eligible for elec- session of the Senate on Wednesday, Mr. FRANKEN. Mr. President, I ask tion or appointment to the Senate. For pur- September 10, 2014, in room SD–628 of unanimous consent that the Com- poses of this section, the election or appoint- the Dirksen Senate Office Building, at mittee on the Judiciary be authorized ment of a person to fill a vacancy in the Sen- ate shall be included as 1 term in deter- 2:30 p.m., to conduct an oversight hear- to meet during the session of the Sen- mining the number of terms that such per- ing to receive testimony on ‘‘Irrigation ate, on September 9, 2014, at 10 a.m., in son has served as a Senator if the person fills Projects in Indian Country.’’ Those room SD–226 of the Dirksen Senate Of- the vacancy for more than 3 years. wishing additional information may fice Building, to conduct a hearing en- ‘‘SECTION 3. No term beginning before the contact the Indian Affairs Committee titled ‘‘Judicial Nominations.’’ date of the ratification of this article shall at (202) 224–2251. The PRESIDING OFFICER. Without be taken into account in determining eligi- objection, it is so ordered. bility for election or appointment under this f article.’’. AUTHORITY FOR COMMITTEES TO COMMITTEE ON VETERANS’ AFFAIRS MEET Mr. FRANKEN. Mr. President, I ask SA 3788. Mr. MORAN submitted an unanimous consent that the Com- amendment intended to be proposed by COMMITTEE ON BANKING, HOUSING, AND URBAN mittee on Veterans’ Affairs be author- AFFAIRS him to the bill S. 2410, to authorize ap- ized to meet during the session of the Mr. FRANKEN. Mr. President, I ask propriations for fiscal year 2015 for Senate on September 9, 2014, at 10 a.m. unanimous consent that the Com- military activities of the Department in room SH–216 of the Hart Senate Of- mittee on Banking, Housing, and of Defense, for military construction, fice Building to conduct a hearing enti- Urban Affairs be authorized to meet and for defense activities of the De- tled ‘‘The State of VA Health Care.’’ during the session of the Senate on partment of Energy, to prescribe mili- The PRESIDING OFFICER. Without September 9, 2014, at 10 a.m. to conduct tary personnel strengths for such fiscal objection, it is so ordered. a hearing entitled ‘‘Wall Street Re- year, and for other purposes; which was SELECT COMMITTEE ON INTELLIGENCE ordered to lie on the table; as follows: form: Assessing and Enhancing the Fi- nancial Regulatory System.’’ Mr. FRANKEN. Mr. President, I ask At the end of subtitle D of title XVI, add The PRESIDING OFFICER. Without unanimous consent that the Select the following: objection, it is so ordered. Committee on Intelligence be author- SEC. 1647. ALIGNMENT AND OPERATIONAL RE- ized to meet during the session of the PORTING OF CYBER RED TEAMS OF COMMITTEE ON ENVIRONMENT AND PUBLIC AIR NATIONAL GUARD. WORKS Senate on September 9, 2014, at 2:30 (a) DETERMINATION.— Mr. FRANKEN. Mr. President, I ask p.m. (1) IN GENERAL.—Not later than 90 days unanimous consent that the Com- The PRESIDING OFFICER. Without after the date of the enactment of this Act, mittee on Environment and Public objection, it is so ordered. the Secretary of Defense shall determine the Works be authorized to meet during f appropriate alignment and operational reporting for the personnel and capacity of the the session of the Senate of September PRIVILEGES OF THE FLOOR 9, 2014, at 10 a.m. in room SD–406 of the cyber red teams of the Air National Guard of Mr. LEE. Mr. President, I ask unani- the United States. Dirksen Senate Office Building. (2) ANALYSIS.—The determination required The PRESIDING OFFICER. Without mous consent that Benji McMurray, a by paragraph (1) shall include an analysis re- objection, it is so ordered. detailee in my office from the Federal garding the rebalance of personnel or capac- COMMITTEE ON FOREIGN RELATIONS Public Defender’s Office in Salt Lake ity of the cyber red teams of the Air Na- Mr. FRANKEN. Mr. President, I ask City, be granted floor privileges during tional Guard of the United States with re- unanimous consent that the Com- the duration of the debate on Senate spect to cyber red team requirements of the Joint Resolution 19. Air Force, cyber team requirements of the mittee on Foreign Relations be authorized to meet during the session of the The PRESIDING OFFICER. Without United States Cyber Command, and assimila- objection, it is so ordered. tion into the cyber mission force of the De- Senate on September 9, 2014, at 4 p.m., partment of Defense. to hold a hearing entitled, ‘‘CLOSED/ Ms. HIRONO. Mr. President, I ask (b) LIMITATION.—The Secretary may not re- TS/SCI: Arms Control Compliance unanimous consent that privileges of duce or rebalance the personnel or capacity Issues.’’ the floor be granted to the following of the cyber red teams of the Air National The PRESIDING OFFICER. Without member of my staff, Maeve Whelan- Guard of the United States unless the Sec- objection, it is so ordered. Wuest, for the duration of today, Sep- retary submits to the congressional defense tember 9, 2014. COMMITTEE ON HEALTH, EDUCATION, LABOR, committees a certification that— The PRESIDING OFFICER. Without (1) the capabilities to be reduced or rebal- AND PENSIONS anced are not required by components of the Mr. FRANKEN. Mr. President, I ask objection, it is so ordered. Department of Defense that use cyber red unanimous consent that the Com- f team capabilities; or mittee on Health, Education, Labor, NOTICE OF PROPOSED RULE- (2) based on the findings of the Secretary and Pensions be authorized to meet, MAKING (‘‘NPRM’’), AND RE- with respect to the determination made during the session of the Senate, on under subsection (a), such capabilities will QUEST FOR COMMENTS FROM be retained under an altered operational re- September 9, 2014, at 10 a.m., in room INTERESTED PARTIES porting construct. SD–430 of the Dirksen Senate Office Building, to conduct a hearing entitled Mr. LEAHY. Mr. President, I ask unanimous consent that the attached SA 3789. Mrs. HAGAN submitted an ‘‘Hearing on the nomination of Sharon documentation from the Office of Com- amendment intended to be proposed by Block to serve as a Member of the Na- pliance be printed in the RECORD. her to the bill S. 2410, to authorize ap- tional Labor Relations Board.’’ There being no objection, the mate- propriations for fiscal year 2015 for The PRESIDING OFFICER. Without rial was ordered to be printed in the military activities of the Department objection, it is so ordered. RECORD, as follows: of Defense, for military construction, COMMITTEE ON HOMELAND SECURITY AND U.S. CONGRESS, GOVERNMENTAL AFFAIRS and for defense activities of the De- OFFICE OF COMPLIANCE, partment of Energy, to prescribe mili- Mr. FRANKEN. Mr. President, I ask Washington, DC, September 9, 2014. tary personnel strengths for such fiscal unanimous consent that the Com- Hon. PATRICK J. LEAHY, year, and for other purposes; which was mittee on Homeland Security and Gov- President Pro Tempore of the Senate, ordered to lie on the table; as follows: ernmental Affairs be authorized to Washington, DC. On page 186, strike line 23 and all that fol- meet during the session of the Senate DEAR MR. PRESIDENT: Section 210(e) of the lows through page 188, line 4. on September 9, 2014, at 10:30 a.m. to Congressional Accountability Act (‘‘CAA’’), 2 conduct a hearing entitled ‘‘Oversight U.S.C. § 1331(e), requires the Board of Direc- f tors of the Office of Compliance (‘‘the of Federal Programs for Equipping NOTICE OF HEARING Board’’) to issue regulations implementing State and Local Law Enforcement Section 210 of the CAA relating to provisions COMMITTEE ON INDIAN AFFAIRS Agencies.’’ of Titles II and III of the Americans with Mr. TESTER. Mr. President, I would The PRESIDING OFFICER. Without Disabilities Act (‘‘ADA’’), 42 U.S.C. §§ 12131– like to announce that the Committee objection, it is so ordered. 12150, 12182, 12183 and 12198, made applicable

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.015 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5438 CONGRESSIONAL RECORD — SENATE September 9, 2014 to the legislative branch by the CAA. 2 that provides public services, programs, or for good cause shown and stated together U.S.C. § 1331(b)(1). activities. 2 U.S.C. § 1331(b)(2). with the regulation, that a modification of Section 304(b)(1) of the CAA, 2 U.S.C. Title III of the ADA generally prohibits such regulations would be more effective for § 1384(b)(1), requires that the Board issue a discrimination on the basis of disability by the implementation of the rights and protec- general notice of proposed rulemaking by public accommodations and requires places tions under this section.’’ 2 U.S.C. § 1331(e)(2). transmitting ‘‘such notice to the Speaker of of public accommodation and commercial fa- The CAA does not simply apply to the leg- the House of Representatives and the Presi- cilities to be designed, constructed, and al- islative branch the substantive protections dent pro tempore of the Senate for publica- tered in compliance with accessibility stand- of these laws, and direct that the imple- tion in the Congressional Record on the first ards. Section 225(f) of the CAA provides that, menting regulations essentially mirror those day on which both Houses are in session fol- ‘‘[e]xcept where inconsistent with definitions of the executive branch. The statute further lowing such transmittal.’’ and exemptions provided in this Act, the provides that, while the CAA rulemaking On behalf of the Board, I am hereby trans- definitions and exemptions of the [ADA] procedure is underway, the corresponding ex- mitting the attached notice of proposed rule- shall apply under this Act.’’ 2 U.S.C. ecutive branch regulations are to be applied. making to the President Pro Tempore of the § 1361(f)(1). Section 411 of the Act provides: Senate. I request that this notice be pub- Section 210(f) of the CAA requires that the ‘‘Effect of failure to issue regulations. lished in the Senate section of the Congres- General Counsel of the Office of Compliance In any proceeding under section 1405, 1406, sional Record on the first day on which both on a regular basis, and at least once each 1407, or 1408 of this title . . . if the Board has Houses are in session following receipt of Congress, conduct periodic inspections of all not issued a regulation on a matter for this transmittal. In compliance with Section covered facilities and report to Congress on which this chapter requires a regulation to 304(b)(2) of the CAA, a comment period of 30 compliance with disability access standards be issued, the hearing officer, Board, or days after the publication of this notice of under section 210. 2 U.S.C. § 1331(f). court, as the case may be, shall apply, to the proposed rulemaking is being provided before Section 210(e) of the CAA requires the extent necessary and appropriate, the most adoption of the rules. Board of Directors of the Office of Compli- relevant substantive executive agency regu- All inquiries regarding this notice should ance (‘‘the Board’’) established under the lation promulgated to implement the statu- be addressed to Barbara J. Sapin, Executive CAA to issue regulations implementing the tory provision at issue in the proceeding.’’ Director of the Office of Compliance, Room section. 2 U.S.C. § 1331(e). Section 210(e) fur- This statutory scheme makes plain that LA–200, 110 2nd Street, S.E., Washington, DC ther states that such regulations ‘‘shall be ADA public access regulations are presently 20540; (202) 724–9250. the same as substantive regulations promul- in force. First, regulations virtually iden- Sincerely, gated by the Attorney General and the Sec- tical to these were adopted by the Board, BARBARA L. CAMENS, retary of Transportation to implement the presented to the House of Representatives Chair of the Board of Directors, statutory provisions referred to in sub- and the Senate on September 19, 1996, and Office of Compliance. section (b) except to the extent that the published on January 7, 1997. 142 Cong. Rec. Board may determine, for good cause shown S10984–11018 and 143 Cong. Rec. S30–66. No ac- FROM THE BOARD OF DIRECTORS OF THE OF- and stated together with the regulation, that tion was taken and thus the regulations were FICE OF COMPLIANCE: NOTICE OF PROPOSED a modification of such regulations would be not issued. As set forth above, in these cir- RULEMAKING (‘‘NPRM’’), AND REQUEST FOR more effective for the implementation of the cumstances the CAA applies ‘‘the most rel- COMMENTS FROM INTERESTED PARTIES. rights and protections under this section.’’ evant substantive executive agency regula- REGULATIONS EXTENDING RIGHTS AND PROTEC- Id. Section 210(e) further provides that the tions,’’ i.e., the Departments of Justice TIONS UNDER THE AMERICANS WITH DISABIL- regulations shall include a method of identi- (‘‘DOJ’’) and Department of Transportation ITIES ACT (‘‘ADA’’) RELATING TO PUBLIC SERV- fying, for purposes of this section and for dif- (‘‘DOT’’) ADA public access regulations. 2 ICES AND ACCOMMODATIONS, NOTICE OF PRO- ferent categories of violations of subsection U.S.C § 1411. POSED RULEMAKING, AS REQUIRED BY 2 U.S.C. (b), the entity responsible for correction of a A contrary interpretation would render § 1331, THE CONGRESSIONAL ACCOUNTABILITY particular violation. 2 U.S.C. § 1331(e). meaningless several sections of the CAA. For ACT OF 1995, AS AMENDED (‘‘CAA’’). Additional authority for proposing these example, Congress directed the AOC and Background: regulations is found in CAA Section 304, other employing offices to conduct an initial The purpose of this Notice is to propose which sets forth the procedure to be followed study of legislative branch facilities from substantive regulations that will implement for the rulemaking process in general, in- January 23, 1995 through December 31, 1996, Section 210 of the CAA, which provides that cluding notice and comment; Board consider- ‘‘to identify any violations of subsection (b) the rights and protections against discrimi- ation of comments and adoption of regula- of [section 210], to determine the costs of nation in the provision of public services and tions; transmittal to the Speaker and Presi- compliance, and to take any necessary cor- accommodation under Titles II and III of the dent Pro Tempore for publication in the Con- rective action to abate any violations.’’ 2 ADA shall apply to entities covered by the gressional Record; and approval by the Con- U.S.C. section 1331(f)(3). Congress instructed CAA. gress. the OOC to assist the employing offices by Are there ADA public access regulations al- What is the authority under the CAA for ‘‘arranging for inspections and other tech- ready in force under the CAA? nical assistance at their request.’’ Id. The these proposed substantive regulations? Yes. The CAA was enacted on January 23, Section 210(b) of the CAA provides that the CAA was enacted on January 23, 1995. No im- 1995. It applied to the legislative branch of rights and protections against discrimina- plementing regulations could have taken ef- the federal government the protections of 12 tion in the provision of public services and fect as of that date. Plainly, Congress in- (now 13) statutes that previously had applied accommodations established by the provi- tended the employing offices and the OOC to to the executive branch and/or the private sions of Titles II and III (sections 201 look to the DOJ and DOT ADA public access sector, including laws providing for family through 230, 302, 303, and 309) of the Ameri- regulations, with which the CAA explicitly and medical leave, prohibiting discrimina- cans With Disabilities Act of 1990, 42 U.S.C. required employing offices to comply, when tion against eligible veterans, and affording §§ 12131–12150, 12182, 12183, and 12189 (‘‘ADA’’) conducting the initial study and abatement labor-management rights and responsibil- shall apply to the following entities: actions. ities, among others. The CAA established the Other sections of the CAA support this (1) each office of the Senate, including Office of Compliance as an independent agen- reading. For example, the CAA requires the each office of a Senator and each committee; cy to administer and enforce the CAA. The (2) each office of the House of Representa- Board to exclude from labor relations regula- OOC administers an administrative dispute tives, including each office of a Member of tions employees of Member offices, Senate resolution system to resolve certain disputes the House of Representatives and each com- and House Legislative Counsel, the Congres- arising under the Act. The General Counsel mittee; sional Budget Office and several other em- of the OOC has independent investigatory (3) each joint committee of the Congress; ploying offices if the Board finds a conflict of and enforcement authority for other viola- (4) the Office of Congressional Accessi- interest or appearance thereof. 2 U.S.C. tions of the Act, including certain portions bility Services; § 1351(e)(1)(B). Where, as here, a statute ex- of the ADA, 42 U.S.C. §§ 12131–12150, 12182, (5) the Capitol Police; plicitly provides for certain regulatory ex- 12183, & 12189. (6) the Congressional Budget Office; emptions, it would be illogical to interpret As set forth in the previous answer, the (7) the Office of the Architect of the Cap- language that expressly provides for regu- CAA requires the Board to issue regulations itol (including the Botanic Garden); latory compliance to mean anything else. implementing the statutory protections pro- (8) the Office of the Attending Physician; When Congress intended to exempt employ- vided by the CAA. See, e.g., CAA Sections and ing offices from regulations, the CAA did so 202(d) (Family and Medical Leave Act of (9) the Office of Compliance. explicitly. 1993), 206(c) (Veterans’ Employment and Re- Why are these regulations being proposed 2 U.S.C. 1331(b). employment), 212 (d) (Federal Service Labor at this time? Title II of the ADA generally prohibits dis- Management Relations Act). 2 U.S.C. sec- As set forth in the previous answer, the crimination on the basis of disability in the tions 1312(d), 1316(c), 1351(d). The Board’s reg- CAA requires employing offices to comply provision of services, programs, or activities ulations ‘‘shall be the same as substantive with ADA public access regulations issued by by any ‘‘public entity’’. Section 210(b)(2) of regulations promulgated by the Attorney the DOJ and DOT pursuant to the ADA. The the CAA defines the term ’’public entity’’ for General and Secretary of Transportation . . . CAA also requires the Board to issue its own Title II purposes as any entity listed above except insofar as the Board may determine, regulations implementing the ADA public

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.030 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5439 access provisions of the CAA. The statute ob- adopted in the proposed regulations under 2. Effective communication: This standard ligates the Board’s regulations to be the section 210(e). requires covered entities to make sure that same as the DOJ and DOT regulations except 2. DOJ’s regulations at Part 36 of Title 28 their communications with individuals with to the extent that the Board may determine of the CFR: The DOJ’s regulations at Part 36 disabilities (such as in the context of con- that a modification would be more effective implement Title III of the ADA (sections 301 stituent meetings and committee hearings) in implementing ADA public access protec- through 309). See 28 CFR § 36.101 (Purpose). are as effective as their communications tions. CAA section 210(e)(2). These proposed Section 210(b) only applies the rights and with others. Covered entities are required to regulations will clarify that covered entities protections of three sections of Title III with make information available in alternate for- must comply with the ADA public access respect to public accommodations: prohibi- mats such as large print, Braille, or audio provisions applied to public entities and actions against discrimination (section 302), tape, or use methods that provide individuals commodations to implement Titles II and III provisions regarding new construction and with disabilities the opportunity to effec- of the ADA. Congressional approval and alterations (section 303), and provisions re- tively communicate, such as sign language Board issuance of ADA public access under garding examinations and courses (section interpreters or the use of pen and paper. Pri- the CAA will also eliminate any question as 309). Therefore, only those regulations in mary consideration must be given to the to the ADA public access protections that Part 36 that are reasonably necessary to im- method preferred by the individual. are applicable in the legislative branch. plement the statutory provisions of sections 3. ADA Standards for Accessible Design: The Board adopted proposed regulations 302, 303, and 309 will be adopted by the Board These standards are applied to architectural and presented them to the House of Rep- under section 210(e) of the CAA. barriers, including structural barriers to resentatives and the Senate in 1996. The reg- 3. DOT’s regulations at Parts 37 and 38 of communication, such as telephone booths, to ulations were published on January 7, 1997, Title 49 of the CFR: The DOT’s regulations ensure that existing facilities, new construc- during the 105th Congress. 142 Cong. Rec. at Parts 37 and 38 implement the transpor- tion, and new alterations, are accessible to S10984–11018 and 143 Cong. Rec. S30–66. No tation provisions of Title II and Title III of individuals with disabilities. Congressional action was taken and there- the ADA. See 49 CFR §§ 37.101 (Purpose) and The Board recognizes that, as with other fore the regulations were not issued. The 38.1 (Purpose). The provisions of Title II and obligations under the CAA, covered entities Title III of the ADA relating to transpor- Board adopted the present proposal, with up- will need information and guidance regard- tation and applied to covered entities by sec- dated proposed regulations, to facilitate ing compliance with these ADA standards as tion 210(b) of the CAA are subtitle B of Title Congressional consideration of the ADA reg- adopted in these proposed regulations, which II (sections 221 through 230) and certain por- ulations. the Office will provide as part of its edu- tions of section 302 of Title III. Thus, those Which ADA public access regulations are cation and information activities. regulations of the Secretary that are reason- applied to covered entities in 2 U.S.C. How do these regulations differ from those ably necessary to implement the statutory § 1331(e)? proposed by the Board on January 7, 1997? Section 210(e) of the CAA requires the provisions of sections 221 through 230, 302, These regulations are very similar to those Board to issue regulations that are ‘‘the and 303 of the ADA will be adopted by the proposed by the Board in 1997; however, there same as substantive regulations promulgated Board under section 210(e) of the CAA. are three significant differences: The Board proposes not to adopt those reg- by the Attorney General and the Secretary 1. These regulations have been updated to ulatory provisions of the regulations of the of Transportation to implement the statu- incorporate the changes made in the DOJ DOJ or DOT that have no conceivable appli- tory provisions . . . except to the extent that and DOT regulations since 1997. One of the cability to operations of entities within the the Board may determine, for good cause most significant changes made by the DOJ Legislative Branch or are unlikely to be in- shown and stated together with the regula- occurred on September 15, 2010 when the DOJ voked. See 141 Cong. Rec. at S17604 (daily ed. tion, that a modification of such regulations published regulations adopting the 2010 Nov. 28, 1995) (NPRM implementing section would be more effective for the implementa- Standards for Accessible Design (‘‘2010 203 regulations). Unless public comments tion of the rights and protections under this Standards’’). The 2010 Standards became demonstrate otherwise, the Board intends to fully effective on March 15, 2012 and replaced section.’’ 2 U.S.C. § 1331(e). include in the adopted regulations a provi- Consistent with its prior decisions on this the 1991 Standards for Accessible Design sion stating that the Board has issued sub- issue, the Board has determined that all reg- (‘‘1991 Standards’’) that were referenced in stantive regulations on all matters for which ulations promulgated after a notice and com- the regulations proposed by the Board in section 210(e) requires a regulation. See sec- ment by the DOJ and/or the DOT to imple- 1997. These regulations incorporate by ref- tion 411 of the CAA, 2 U.S.C. § 1411. ment the provisions of Title II and Title III erence the pertinent DOJ and DOT regula- In addition, the Board has proposed to tions that are in effect as of the date of the of the ADA applied by section 210(b) of the make technical changes in definitions and publication of this notice, which means that CAA are ‘‘substantive regulations’’ within nomenclature so that the regulations com- the 2010 Standards will be applied. The Board the meaning of section 210(e). See, e.g., 142 port with the CAA and the organizational has also changed the format of the incor- Cong. Rec. S5070, S5071–72 (daily ed. May 15, structure of the Office of Compliance. In the porated regulations. Rather than reprinting 1996) (NPRM implementing section 220(d) Board’s judgment, making such changes sat- each of the regulations with minor changes regulations); 141 Cong. Rec. S17605 (daily ed. isfies the CAA’s ‘‘good cause’’ requirement. to reflect different nomenclature used in the Nov. 28, 1995) (NPRM implementing section With the exception of these technical and no- CAA (i.e., changing references to ‘‘Assistant 203 regulations). menclature changes and additional proposed Attorney General,’’ ‘‘Department of Jus- See also Reves v. Ernst & Young, 494 U.S. 56, regulations relating to the investigation and tice,’’ ‘‘FTA Administrator,’’ ‘‘FTA regional 64 (1993) (where same phrase or term is used inspection authority granted to the General in two different places in the same statute, Counsel under the CAA, the Board does not office,’’ ‘‘Administrator,’’ and ‘‘Secretary’’ it is reasonable for court to give each use a propose substantial departure from other- to ‘‘General Counsel’’), these regulations similar construction); Sorenson v. Secretary of wise applicable regulations. contain a definitional section in § 1.105(a) the Treasury, 475 U.S. 851, 860 (1986) (normal The Board notes that the General Counsel which make these changes and incorporates rule of statutory construction assumes that applied the above-referenced standards of the DOJ and DOT regulations by reference. identical words in different parts of the same Parts 35 and 36 of the DOJ’s regulations and 2. Unlike the Board in 1997, the current act are intended to have the same meaning). Parts 37 and 38 of the DOT’s regulations dur- Board has decided not to propose adoption of In this regard, the Board has reviewed the ing the past inspections of Legislative the DOJ Title II regulation relating to em- provisions of section 210 of the CAA, the sec- Branch facilities pursuant to section 210(f) of ployment discrimination, 28 C.F.R. § 35.140. tions of the ADA applied by that section, and the CAA. In contrast to other sections of the The Board notes that since 1997 most courts the regulations of the DOJ and DOT, to de- CAA, which generally give the Office of Com- considering this issue have decided that em- termine whether and to what extent those pliance only adjudicatory and regulatory re- ployees of public entities must use the proce- regulations are substantive regulations sponsibilities, the General Counsel has the dures in Title I of the ADA to pursue em- which implement the provisions of Title II authority to investigate and prosecute al- ployment discrimination claims and that and Title III of the ADA applied by section leged violations of disability standards under these claims cannot be pursued under Title 210(b) of the CAA. As explained more fully section 210, as well as the responsibility for II. See, e.g., Brumfield v. City of Chicago, 735 below, the Board proposes to adopt the fol- inspecting covered facilities to ensure com- F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex rel. lowing otherwise applicable regulations of pliance. According to the General Counsel’s Bd. of Regents of the Univ. of Okla., 693 F.3d the DOJ published at Parts 35 and 36 of Title final inspection reports, the Title II and 1303 (10th Cir. 2012); Zimmerman v. Or. Dep’t of 28 of the Code of Federal Regulations Title III regulations encompass the following Justice, 170 F.3d 1169 (9th Cir. 1999). The prohi- (‘‘CFR’’) and those of the DOT published at requirements: bition against employment discrimination Parts 37 and 38 of Title 49 of the CFR: 1. Program accessibility: This standard is because of disability in Title I of the ADA is 1. DOJ’s regulations at Part 35 of Title 28 applied to ensure physical access to public incorporated into section 201(a)(3) of the of the CFR: The DOJ’s regulations at Part 35 programs, services, or activities. Under this CAA. 2 U.S.C. § 1311(a)(3). Under section 210(c) implement subtitle A of Title II of the ADA standard, covered entities must modify poli- of the CAA, ‘‘with respect to any claim of (sections 201 through 205), the rights and pro- cies, practices, and procedures to ensure an employment discrimination asserted by any tections of which are applied to covered enti- equal opportunity for individuals with discovered employee, the exclusive remedy ties under section 210(b) of the CAA. See 28 abilities. If policy and procedural modifica- shall be under section 1311 of this title.’’ 2 CFR § 35.101 (Purpose). Therefore, the Board tions are ineffective, then structural modi- U.S.C. § 1331(c). Similarly, under section determines that these regulations will be fications may be required. 225(e) of the CAA, ‘‘[o]nly a covered entity

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.035 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5440 CONGRESSIONAL RECORD — SENATE September 9, 2014 who has undertaken and completed the pro- ecutive Director, the Deputy Executive Direc- Yes. Copies of submitted comments will be cedures in sections 1402 and 1403 of this title tor for the Senate, and the Deputy Executive available for review on the Office’s web site may be granted a remedy under part A of Director for the House of Representatives? at www.compliance.gov, and at the Office of this subchapter.’’ 2 U.S.C. § 1361(e). When As required by Section 304(b)(1) of the Compliance, 110 Second Street, S.E., Wash- taken together, these sections of the CAA CAA, 2 U.S.C. § 1384(b)(1), the substance of ington, D.C. 20540–1999, on Monday through make it clear that the exclusive method for these regulations is also recommended by Friday (non-Federal holidays) between the obtaining relief for employment discrimina- the Executive Director, the Deputy Execu- hours of 9:30 a.m. and 4:30 p.m. tion because of disability is under section tive Director for the Senate and the Deputy Summary: 201, which involves using the counseling and Executive Director for the House of Rep- The Congressional Accountability Act of mediation procedures contained in sections resentatives. 1995, PL 104–1, was enacted into law on Janu- 402 and 403 of the CAA. For these reasons, Has the Board of Directors previously pro- ary 23, 1995. The CAA, as amended, applies the Board has found good cause not to incor- posed substantive regulations implementing the rights and protections of thirteen federal porate the DOJ Title II regulation relating the ADA public access provisions pursuant to labor and employment statutes to covered to employment discrimination, 28 C.F.R. 2 U.S.C. § 1331? employees and employing offices within the § 35.140, into these regulations. Yes. Proposed regulations were previously legislative branch of the federal government. 3. In Parts 2 and 3 of these regulations, the adopted by the Board and presented to the Section 210 of the CAA applies that the Board has proposed regulations relating to House of Representatives and the Senate on rights and protections against discrimina- the two unique statutory duties imposed by September 19, 1996. The regulations were tion in the provision of public services and the CAA upon the General Counsel of the Of- published on January 7, 1997. 142 Cong. Rec. accommodations established by of Titles II fice of Compliance that are not imposed S10984–11018 and 143 Cong. Rec. S30–66. No and III (sections 201 through 230, 302, 303, and upon the DOJ and DOT: (1) the investigation Congressional action was taken on these reg- 309) of the Americans With Disabilities Act and prosecution of charges of discrimination ulations. of 1990, 42 U.S.C. § 12131–12150, 12182, 12183, and using the Office’s mediation and hearing What is the approach taken by these pro- 12189 (‘‘ADA’’) shall apply to Legislative processes (section 210(d) of the CAA) and (2) posed substantive regulations? Branch entities covered by the CAA. The the biennial inspection and reporting obliga- The Board will follow the procedure as above provisions of section 210 became effec- tions (section 210(f) of the CAA). Parts 2 and enumerated above and as required by stat- tive on January 1, 1997. 2 U.S.C. § 1331(h). 3 of these regulations were not contained in ute. The Board will review any comments re- The Board of Directors of the Office of the regulations proposed in 1997; however, ceived under step (2) of the outline above, Compliance is now publishing proposed regu- the Board has determined that there is good and respond to the comments and make any lations to implement Section 210 of the Con- cause to propose these regulations to fully changes necessary to ensure that the regula- gressional Accountability Act of 1995 (‘‘CAA’’), 2 U.S.C. § 1301–1438, as applied to implement section 210 of the CAA. See, 2 tions fully implement section 210 of the CAA covered entities of the House of Representa- U.S.C. § 1331(e)(1). In formulating the sub- and reflect the practices and policies par- tives, the Senate, and certain Congressional stance of these regulations, the Board has di- ticular to the legislative branch. instrumentalities listed below. rected the Office’s statutory employees to What responsibilities would covered entities have in effectively implementing these In addition to inviting comment in this consult with stakeholders and has considered Notice, the Board, through the statutory ap- their comments and suggestions. regulations? The CAA charges covered entities with the pointees of the Office, sought consultation The Board has also reviewed the biennial responsibility to comply with these regula- with the stakeholders regarding the develop- ADA reports from the General Counsel and tions. CAA § 210, 2 U.S.C. § 1331. ment of these regulations. The Board also considered what the General Counsel has Are there substantive differences in the notes that the General Counsel of the Office learned since 1995 while investigating proposed regulations for the House of Rep- of Compliance has completed inspections of charges of discrimination and conducting resentatives, the Senate, and the other em- covered facilities for compliance with dis- and reporting upon ADA inspections. Of par- ploying offices? ability access standards under section 210 of ticular note is the regulation proposed as No. The Board of Directors has identified the CAA during each Congress since the CAA § 3.103(d) which addresses concerns raised by no ‘‘good cause’’ for proposing different regu- was enacted and has submitted reports to oversight and appropriations staff over find- lations for these entities and accordingly has Congress after each of these inspections. ing a cost-efficient process that would allow not done so. 2 U.S.C. § 1331(e)(2). Based on information gleaned from these better identification and elimination of po- Are these proposed substantive regulations consultations and the experience gained tential ADA compliance issues during the available to persons with disabilities in an al- from the General Counsel’s inspections, the pre-construction phases of new construction ternate format? Board is publishing these proposed regula- and alteration projects. This Notice of Proposed Regulations is tions, pursuant to section 210(e) of the CAA, Procedural Summary: available on the OOC’s web site, 2 § 1331(e). The purpose of these regulations is to im- How are substantive regulations proposed www.compliance.gov, which is compliant plement section 210 of the CAA. In this No- and approved under the CAA? with Section 508 of the Rehabilitation Act of Pursuant to Section 304 of the CAA, 2 1973 as amended, 29 U.S.C. § 794d. This Notice tice of Proposed Rulemaking (‘‘NPRM’’ or ‘‘Notice’’) the Board proposes that virtually U.S.C. § 1384, the procedure for proposing and can also be made available in large print or identical regulations be adopted for the Sen- approving such substantive regulations pro- Braille. Requests for this Notice in an alter- ate, the House of Representatives, and the vides that: native format should be made to: Annie seven Congressional instrumentalities. Ac- (1) the Board of Directors propose sub- Leftwood, Executive Assistant, Office of Compliance, 110 2nd Street, S.E., Room LA– cordingly: stantive regulations and publish a general (1) Senate. It is proposed that regulations notice of proposed rulemaking in the Con- 200, Washington, D.C. 20540; 202–724–9250; TDD: 202–426–1912; FAX: 202–426–1913. as described in this Notice be included in the gressional Record; body of regulations that shall apply to enti- (2) there be a comment period of at least 30 30 Day Comment Period Regarding the Proposed ties within the Senate, and this proposal re- days after the date of publication of the gen- Regulations garding the Senate entities is recommended eral notice of proposed rulemaking; How long do I have to submit comments re- by the Office of Compliance’s Deputy Execu- (3) after consideration of comments by the garding the proposed regulations? tive Director for the Senate. Board of Directors, the Board adopt regula- Comments regarding the proposed regula- (2) House of Representatives. It is further tions and transmit notice of such action (to- tions of the OOC set forth in this Notice are proposed that regulations as described in gether with the regulations and a rec- invited for a period of thirty (30) days fol- this Notice be included in the body of regula- ommendation regarding the method for Con- lowing the date of the appearance of this No- tions that shall apply to entities within the gressional approval of the regulations) to the tice in the Congressional Record. House of Representatives, and this proposal Speaker of the House and President [P]ro How do I submit comments? regarding the House of Representatives enti- [T]empore of the Senate for publication in Comments must be made in writing to the ties is recommended by the Office of Compli- the Congressional Record; Executive Director, Office of Compliance, 110 ance’s Deputy Executive Director for the (4) there be committee referral and action Second Street, S.E., Room LA–200, Wash- House of Representatives. on the proposed regulations by resolution in ington, D.C. 20540–1999. Those wishing to re- (3) Certain Congressional instrumental- each House, concurrent resolution, or by ceive confirmation of the receipt of their ities. It is further proposed that regulations joint resolution; and comments are requested to provide a self-ad- as described in this Notice be included in the (5) final publication of the approved regu- dressed, stamped post card with their sub- body of regulations that shall apply to the lations in the Congressional Record, with an mission. It is requested, but not required, Office of Congressional Accessibility Serv- effective date prescribed in the final publica- that an electronic version of any comments ices, the Capitol Police, the Congressional tion. be provided either on an accompanying com- Budget Office, the Office of the Architect of For more detail, please reference the text puter disk or e-mailed to the OOC via its web the Capitol (including the Botanic Garden), of 2 U.S.C. § 1384. This Notice of Proposed site. Comments may also be submitted by the Office of the Attending Physician, and Rulemaking is step (1) of the outline set facsimile to the Executive Director at 202– the Office of Compliance; and this proposal forth above. 426–1913 (a non-toll-free number). regarding these six Congressional instrumen- Are these proposed regulations also rec- Am I allowed to view copies of comments talities is recommended by the Office of ommended by the Office of Compliance’s Ex- submitted by others? Compliance’s Executive Director.

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.036 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5441 Dates: Comments are due within 30 days lows consideration of relevant statutes, con- after consultation with the Office of the Ar- after the date of publication of this Notice in tracts, orders, and other enforceable architect of the Capitol regarding what would the Congressional Record. rangements or relationships to allocate re- be a reasonable time frame for implementing Supplementary Information: sponsibility. The term ‘‘enforceable arrange- these provisions of the regulations. In sev- ment’’ is used intentionally since certain in- eral portions of DOJ and DOT regulations, The regulations set forth below (Parts 1, 2, demnification and contribution contracts al- references are made to dates such as the ef- and 3) are the substantive regulations that locating liability under the ADA have been fective date of the regulations or effective the Board of Directors of the Office of Com- found to be unenforceable. See, e.g., Equal dates derived from the statutory provisions pliance are proposing pursuant to section Rights Center v. Archstone-Smith Trust, 602 of the ADA. The Board proposes to sub- 210(e) of the CAA. Part 1 contains the gen- F.3d 597 (4th Cir. 2010, cert denied, 131 S. Ct. stitute dates which correspond to analogous eral provisions applicable to all regulations 504 (2010). Although the concepts of ‘‘owner- periods for the purposes of the CAA. In this under section 210, the method of identifying ship’’ or ‘‘leasing’’ do not appear to apply to way covered entities under section 210 may entities responsible for correcting a viola- Legislative Branch facilities on Capitol Hill, have the same time to come into compliance tion of section 210, and the list of executive the Architect of the Capitol does have statu- relative to the effective date of section 210 of branch regulations incorporated by reference tory superintendence responsibility for cer- the CAA afforded public entities subject to which define and clarify the prohibition tain legislative branch buildings and facili- Title II of the ADA. In the Board’s judgment, against discrimination on the basis of dis- ties, including the Capitol Building, which such changes satisfy the CAA’s ‘‘good cause’’ ability in the provision of public services and includes duties and responsibilities analo- requirement. In section 1.105(a)(4), which was accommodations. Part 2 contains the provi- gous to those of a ‘‘landlord’’. See 40 U.S.C. also developed based upon consultations with sions pertaining to investigation and pros- §§ 163–166 (Capitol Building), 167–175 and 185a the Office of the Architect of the Capitol ecution of charges of discrimination. Part 3 (House and Senate office buildings), 193a (‘‘AOC’’), the Board modified the exception contains the provisions regarding the peri- (Capitol grounds), 216b (Botanical Garden) for ‘‘historic’’ property to include properties, odic inspections and reports to Congress on and 2 U.S.C. § 141(a)(1) (Library of Congress buildings, or facilities designated as an his- compliance with the disability access stand- buildings). The Board believes that, where toric or heritage assets by the AOC. This was ards. These three parts correspond to the two or more entities may have compliance necessary because the DOJ regulations limit three general duties imposed upon the Office obligations under section 210(b) as ‘‘respon- the definition of historic properties to those of Compliance by section 210 which are as sible entities’’ under the proposed regula- ‘‘listed or eligible for listing in the National follows: tions, those entities should have the ability Register of Historic Places or properties des- 1. Under section 210(e) of the CAA, the to allocate responsibility by agreement simi- ignated as historic under State or local law’’ Board of Directors of the Office of Compli- lar to the case of landlords and tenants with 28 C.F.R. § 35.104. While there are certainly ance must promulgate substantive regula- respect to public accommodations under properties on Capitol Hill which have his- tions which implement the rights and pro- Title III of the ADA. Thus, the proposed reg- torically significant features that are wor- tections provided by section 210. 2 U.S.C. ulations adopt such provisions modeled after thy of preservation, these properties are not § 1331(e)(1). section 36.201(b) of the DOJ regulations. eligible for listing on the National Register 2. Under Section 210(d) of the CAA, the However, by promulgating this provision, of Historic Places or considered historic General Counsel of the Office of Compliance the Board does not intend any substantive under State of local law. See, Historic Preser- must receive and investigate charges of dis- change in the statutory responsibility of en- vation Act of 1966, 16 U.S.C. 470g (exempting crimination alleging violations of the rights tities under section 210(b) or the applicable the White House and its grounds, the Su- and protections provided by Titles II and III substantive rights and protections of the preme Court building and its grounds, and of the ADA, may request mediation of such ADA applied thereunder. See 142 Cong. Rec. the United States Capitol and its related charges upon believing that a violation may at S270 (final rule under section 205 of the buildings and grounds from the provisions of have occurred, and, if mediation has not suc- CAA substitutes the term ‘‘privatization’’ the Historic Preservation Act). In section the Board has adopted a ceeded in resolving the dispute, may file a for ‘‘sale of business’’ in the Secretary of La- 1.105(b), rule of interpretation to cover the few in- complaint and prosecute the complaint bor’s regulations under the Worker Adjust- stances where there are differences between through the Office of Compliance’s hearing ment Retraining and Notification Act). and review process 2 U.S.C. § 1331(d). § 1.105 Regulations incorporated by ref- regulations implementing Title II and Title III of the ADA. The CAA is unique in that it 3. Under section 210(f) of the CAA, the Gen- erence. As explained above, consistent with eral Counsel of the Office of Compliance on a its prior decisions on this issue, the Board applies both Title II and Title III provisions to covered public entities. The public accom- regular basis, and at least once each Con- has determined that all regulations promul- modation provisions of Title III of the ADA gress, must conduct periodic inspections of gated after a notice and comment by the are otherwise only applicable to private enti- all covered facilities and report to Congress DOJ and/or the DOT to implement the provi- ties. See, 42 U.S.C. § 12181(7). This section of on compliance with disability access stand- sions of Title II and Title III of the ADA ap- the regulation reflects the Board’s deter- ards under section 210. 2 U.S.C. § 1331(f). plied by section 210(b) of the CAA are ‘‘sub- mination that Congress applied provisions of Regulations proposed in Part 1. stantive regulations’’ within the meaning of both Title II and Title III of the ADA to leg- § 1.101 Purpose and scope. This section ref- section 210(e). See, e.g., 142 Cong. Rec. S5070, islative branch entities to ensure that indi- erences and cites the sections of Title II and S5071–72 (daily ed. May 15, 1996) (NPRM im- viduals with disabilities are provided the III of the ADA incorporated by reference into plementing section 220(d) regulations); 141 most access to public services, programs, ac- the CAA, follows the statutory language of Cong. Rec. S17605 (daily ed. Nov. 28, 1995) tivities and accommodations provided by the CAA to identify the covered entities and (NPRM implementing section 203 regula- law. the statutory duties of the General Counsel tions). In this regard, the Board has reviewed In section 1.105(c), the Board has listed the of the Office of Compliance and describes the provisions of section 210 of the CAA, the specific DOJ regulations incorporated into how the regulations are organized. sections of the ADA applied by that section, the regulations being issued under section § 1.102 Definitions. This section describes and the regulations of the DOJ and DOT, to 210 of the CAA. As noted earlier, the Board the abbreviations that are used throughout determine whether and to what extent those has adopted all of the DOJ regulations im- the regulations. regulations are substantive regulations plementing Titles II and III of the ADA with § 1.103 Authority of the Board. This section which implement the provisions of Title II the following exceptions: describes the authority of the Board of Di- and Title III of the ADA applied by section 1. The Board is not incorporating the DOJ rectors of the Office of Compliance to issue 210(b) of the CAA. regulations regarding retaliation or coercion regulations under section 210 of the CAA and In section 1.105(a)(1), the Board has modi- (28 C.F.R. §§ 35.134 & 36.206). Sections 35.134 the intended effect of the technical and no- fied the nomenclature used in the incor- and 36.206 of the DOJ’s regulations imple- menclature changes made to the regulations porated regulations to comport with the ment section 503 of the ADA, which prohibits promulgated by the Attorney General and CAA and the organizational structure of the retaliation against any individual who exer- Secretary of Transportation. Office of Compliance. In the Board’s judg- cises his or her rights under the ADA. 28 CFR § 1.104 Method for identifying the entity re- ment, making such changes satisfies the pt. 35, App. A at 464 & pt. 36, App. B at 598 sponsible for correcting violations of section CAA’s ‘‘good cause’’ requirement. With the (section-by-section analysis). Sections 35.134 210. The regulation in this section is re- exception of these technical and nomen- and 36.206 are not provisions which imple- quired by section 210(e)(3) of the CAA. This clature changes and additional proposed reg- ment a right or protection applied to covered regulation hues very closely to the DOJ ulations relating to the investigation and in- entities under section 210(b) of the CAA and, Title III regulation set forth in 28 C.F.R. spection authority granted to the General therefore, they will not be included within § 36.201 which in turn is based on the statu- Counsel under the CAA, the Board does not the adopted regulations. The Board notes, tory language in 42 U.S.C. § 12182(a) (one of propose substantial departure from other- however, that section 207 of the CAA pro- the ADA statutory sections incorporated by wise applicable regulations. The dates ref- vides a comprehensive retaliation protection reference in section 210(b) of the CAA). Under erenced in section 1.105(a)(2) reflect that the for employees (including applicants and section 302 of the ADA, owners, operators, ADA public access provisions of the CAA be- former employees) who may invoke their lessors and lessees are all jointly and sever- came effective on January 1, 1997 rather than rights under section 210, although section 207 ally liable for ADA violations. See, e.g., effective date of the ADA which was January does not apply to nonemployees who may Botosan v. McNally Realty, 216 F.3d 827, 832 26, 1992. 2 U.S.C. § 1331(h). The three year pro- enjoy rights and protections against dis- (9th Cir. 2000). The proposed regulation al- vision in section 1.105(a)(3) was developed crimination under section 210.

VerDate Mar 15 2010 06:47 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.037 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5442 CONGRESSIONAL RECORD — SENATE September 9, 2014 2. As noted above, unlike the Board in 1997, tions restates section 501(c) of the ADA, the DOT included within the scope of rule- the current Board has decided not to propose which provides that the ADA shall not be making under section 210(e) of the CAA and adoption of the DOJ Title II regulation relat- construed to restrict certain insurance prac- will not be considered by the Board to be ining to employment discrimination, 28 C.F.R. tices on the part of insurance companies and cluded in these regulations. § 35.140. The Board notes that since 1997 most employers, so long as such practices are not 3. Several portions of the DOT’s regula- courts considering this issue have decided used to evade the purposes of the ADA. Sec- tions refer to obligations of entities regu- that employees of public entities must use tion 501(c) of the ADA is not incorporated by lated by state agencies administering federal the procedures in Title I of the ADA to pur- reference into section 210 of the CAA. Be- transportation funds. See, e.g., sections sue employment discrimination claims and cause section 36.212 implements a section of 37.77(d) (requires filing of equivalent service that these claims cannot be pursued under the ADA which is not incorporated into the certificates with state administering agen- Title II. See, e.g., Brumfield v. City of Chicago, CAA and appears intended primarily to cover cy), 37.135(f) (submission of paratransit de- 735 F.3d 619 (7th Cir. 2013); Elwell v. Okla. ex insurance companies which are not covered velopment plan to state administering agen- rel. Bd. of Regents of the Univ. of Okla., 693 entities under the CAA, the Board finds good cy) and 37.145 (State comments on para- F.3d 1303 (10th Cir. 2012); Zimmerman v. Or. cause not to incorporate this regulation. transit plans). Any references to obligations Dep’t of Justice, 170 F.3d 1169 (9th Cir. 1999). 6. The Board has not incorporated Subpart not imposed on covered entities, such as The prohibition against employment dis- E of the DOJ’s regulations (sections 36.501 state law requirements and laws regulating crimination because of disability in Title I of through 36.599) setting forth the enforcement entities that receive Federal financial assist- the ADA is incorporated into section procedures under Title III of the ADA. As the ance, will be considered excluded from these 201(a)(3) of the CAA. 2 U.S.C. § 1311(a)(3). Justice Department noted in its NPRM re- proposed regulations. Under section 210(c) of the CAA, ‘‘with regarding subpart E, the Department of Jus- 4. The Board has not adopted section 37.11 spect to any claim of employment discrimi- tice does not have the authority to establish of the DOT’s regulations relating to adminis- nation asserted by any covered employee, procedures for judicial review and enforce- trative enforcement because it does not im- the exclusive remedy shall be under section ment and, therefore, ‘‘Subpart E generally plement any provision of the ADA applied to 1311 of this title.’’ 2 U.S.C. § 1331(c). Simi- restates the statutory procedures for en- covered entities under section 210 of the larly, under section 225(e) of the CAA, forcement’’. 28 CFR pt. 36, App. B at 638 (sec- CAA. Moreover, the enforcement procedures ‘‘[o]nly a covered entity who has undertaken tion-by-section analysis). Additionally, the of section 210 are explicitly provided for in and completed the procedures in sections regulations derive from the provisions of sec- section 210(d) (‘‘Available Procedures’’). Ac- 1402 and 1403 of this title may be granted a tion 308 of the ADA, which is not applied to cordingly, this section will not be included remedy under part A of this subchapter.’’ 2 covered entities under section 210(b) of the within the incorporated regulations. The U.S.C. § 1361(e). When taken together, these CAA. Thus, the regulations in subpart E are subject matter of enforcement procedures is sections of the CAA make it clear that the not promulgated by the Attorney General as addressed in the Office’s procedural rules and exclusive method for obtaining relief for em- substantive regulations to implement the in Part 2 of these regulations. ployment discrimination because of dis- statutory provisions of the ADA referred to 5. Certain sections of Subparts B (Applica- ability is under section 201, which involves in section 210(b), within the meaning of sec- bility) and C (Transportation Facilities) of using the counseling and mediation proce- tion 210(e). the Secretary’s regulations were promul- dures contained in sections 402 and 403 of the 7. The Board has not incorporated Subpart gated to implement sections 242 and 304 of CAA. For these reasons, the Board has found F of the DOJ’s regulations which establishes the ADA, provisions that are not applied to good cause not to incorporate the DOJ Title procedures to implement section covered entities under section 210(b) of the II regulation relating to employment dis- 308(b)(1)(A)(ii) of the ADA regarding compli- CAA or are otherwise inapplicable to Legis- lative Branch entities. Therefore, the Board crimination, 28 C.F.R. § 35.140, into these reg- ance with State laws or building codes as will exclude the following sections from its ulations. evidence of compliance with accessibility substantive regulations on that basis: 3. The Board has not incorporated Subpart standards under the ADA. 28 CFR pt. 36, App. 37.21(a)(2) and (b) (relating to private entities F of the DOJ’s regulations (28 C.F.R. B at 640 (section-by-section analysis). Sec- under section 304 of the ADA and private en- §§ 35.170–35.189), which set forth administration 308 is not one of the laws applied to cov- tities receiving Federal assistance from the tive enforcement procedures under Title II. ered entities under section 210(b) of the CAA Transportation Department), 37.25 (univer- Subpart F implements the provisions of sec- and, therefore, these regulations will not be sity transportation systems), 37.29 (private tion 203 of the ADA, which is applied to cov- adopted under section 210(e). taxi services), 37.33 (airport transportation ered entities under section 210 of the CAA. In section the Board has listed the 1.105(d), systems), 37.37(a) and 37.37(e)–(g) (relating to Although procedural in nature, such provi- specific DOT regulations incorporated into coverage of private entities and other enti- sions address the remedies, procedures, and the regulations being issued under section ties under section 304 of the ADA), and 37.49– rights under section 203 of the ADA, and thus 210 of the CAA. As noted earlier, the Board 37.57 (relating to intercity and commuter the otherwise applicable provisions of these has adopted all of the DOT regulations im- rail systems). Similarly, the Board proposes regulations are ‘‘substantive regulations’’ plementing Titles II and III of the ADA with modifying sections 37.21(c), 37.37(d), and for section 210(e) purposes. See 142 Cong. Rec. the following exceptions: 37.37(h) and other sections where references 1. Although the Board has adopted the defi- at S5071–72 (similar analysis under section are made to requirements or circumstances nitions in section 37.3 of the DOT’s regula- 220(d) of the CAA). However, since section 303 strictly encompassed by the provisions of tions, relating to implementation of Part II of the CAA reserves to the Executive Direc- section 304 of the ADA and, therefore, not ap- of Title II of the ADA (sections 241 through tor the authority to promulgate regulations plicable to covered entities under the CAA. 246), those definitions dealing with public that ‘‘govern the procedures of the Office,’’ See, e.g., sections 37.25–37.27 (transportation and since the Board believes that the benefit transportation by intercity and commuter for elementary and secondary education sys- of having one set of procedural rules provides rail are not adopted because sections 241 tems). the ‘‘good cause’’ for modifying the DOJ’s through 246 of the ADA were not within the 6. Subpart D (sections 37.71 through 37.95) regulations, the Board proposes to incor- rights and protections applied to covered en- of the DOT’s regulations relate to acquisi- porate the provisions of Subpart F into the tities under section 210(b) and, therefore, the tion of accessible vehicles by public entities. Office’s procedural rules, to omit provisions regulations implementing such sections are Certain sections of subpart D were promul- that set forth procedures which conflict with not substantive regulations of the DOT re- gated to implement sections 242 and 304 of express provisions of section 210 of the CAA quired to be adopted by the Board within the the ADA, which were not applied to covered or are already provided for under comparable meaning of section 210(e). Accordingly, the entities under section 210(b) of the CAA, or provisions of the Office s rules, and to omit Board will give no effect to the definitions of are otherwise inapplicable to Legislative rules with no applicability to the Legislative terms such as ‘‘commerce,’’ ‘‘commuter au- Branch entities. Therefore, the Board will Branch (such as provisions covering entities thority,’’ ‘‘commuter rail car,’’ ‘‘commuter exclude the following sections from its sub- subject to section 504 of the Rehabilitation rail transportation,’’ ‘‘intercity rail pas- stantive regulations on that basis: 37.87–37.91 Act, provisions regarding State immunity, senger car,’’ and ‘‘intercity rail transpor- and 37.93(b) (relating to intercity and com- and provisions regarding referral of com- tation,’’ which relate to sections 241 through muter rail service). plaints to the Justice Department). See 142 246 of the ADA. 7. Subpart E (sections 37.101 through 37.109) Cong. Rec. at S5071–72 (similar analysis and 2. Although the Board has adopted the of the DOT’s regulations relates to acquisi- conclusion under section 220(d) of the CAA). Nondiscrimination regulation set forth in tion of accessible vehicles by private enti- 4. The Board has not incorporated Subpart section 37.5 of the DOT’s regulations, sub- ties. Section 37.101, relating to acquisition of G of the DOJ’s regulations, which designates section (f) of section 37.5 of the this regula- vehicles by private entities not primarily en- the Federal agencies responsible for inves- tion relates to private entities primarily engaged in the business of transporting people, tigating complaints under Title II of the gaged in the business of transporting people implements section 302 of the ADA, which is ADA. Given the structure of the CAA, such and whose operations affect commerce. This applied to covered entities under section provisions are not applicable to covered Leg- subsection implements section 304 of the 210(b). Therefore, the Board will adopt sec- islative Branch entities and, therefore, will ADA, which is not a right or protection ap- tion 37.101 as part of its section 210(e) regula- not be adopted under section 210(e). plied to covered entities under section 210(b) tions. Sections 37.103, 37.107, and 37.109 of the 5. The Board has not incorporated the in- of the CAA. See 56 Fed. Reg. 13856, 13858 regulations implement section 304 of the surance provisions contained in 28 C.F.R. (April 4, 1991) (preamble to NPRM regarding ADA, which is inapplicable to covered enti- § 36.212. Section 36.212 of the DOJ’s regula- Part 37). Therefore, it is not a regulation of ties under the ADA. Therefore, the Board

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.039 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5443 proposes not to include them within its sub- lations implements section 210(d) of the CAA § 1331(d)(3). The allowance of attorney’s fees stantive regulations under section 210(e) of which requires that the General Counsel ac- and costs described in § 2.107(a)(1) is based the CAA. cept and investigate charges of discrimina- upon the language in 28 C.F.R. § 35.175 & 8. Part 37 of the DOT’s regulations includes tion filed by qualified individuals with dis- 36.505 which recognize that attorney’s fees several appendices, only two of which the abilities who allege a violation of Title II or may be awarded under both Titles II and III Board proposes to adopt as part of these reg- Title III of the ADA by a covered entity. It of the ADA. The availability of compen- ulations. The Board proposes to adopt as an also notes that by procedural rule or policy, satory damages described in § 2.107(a)(2) de- appendix to these regulations Appendix A the General Counsel or the Office may fur- rives from sections 210(c) and of the CAA (Modifications to Standards for Accessible ther describe how the General Counsel will which incorporates by reference the rem- Transportation Facilities, ADA Accessibility exercise the statutory authority provided by edies contained sections 203 and 308(a) of the Guidelines for Buildings and Facilities), section 210(d) of the CAA. The Board notes ADA. Section 203 of the ADA provides that which provides guidance regarding the de- that the Executive Director is proposing the remedies set forth in the Rehabilitation sign, construction, and alteration of build- amendments to the Office’s Procedural Rules Act (at 29 U.S.C. § 794a) shall be the remedies ings and facilities covered by Titles II and III that do include provisions relating to section for violations of Title II of the ADA. The Su- of the ADA. 49 CFR pt. 37, App. A. Such 210(d) of the CAA. preme Court has made clear that the rem- guidelines, where not inconsistent with ex- § 2.102 Definitions. This section provides edies available under Title II of the ADA and press provisions of the CAA or of the regula- definitions for the undefined terms used in the Rehabilitation Act are ‘‘coextensive with tions adopted by the Board, may be relied section 210(d) of the CAA. In § 2.102(a), the the remedies available in a private cause of upon by covered entities and other in pro- term ‘‘charge’’ is defined in a manner con- action brought under Title VI of the Civil ceedings under section 210 of the CAA to the sistent with the Supreme Court’s decision in Rights Act of 1964’’ which includes compen- same extent as similarly situated persons Fed. Express Corp. v. Holowecki, 552 U.S. 389, satory, but not punitive, damages. Barnes v. may rely upon them in actions brought 402 (2008). In § 2.102(b), the definition of the Gorman, 536 U.S. 181, 185 (2002). The language under Title II and Title III of the ADA. See term ‘‘file a charge’’ clarifies how charges in § 2.107(a)(1) & (a)(2) requiring that pay- 142 Cong. Rec. at S222 and 141 Cong. Rec. at can be presented to the General Counsel by ment be made by the covered entity respon- S17606 (similar resolution regarding Sec- listing the methods by which the General sible for correcting the violation is from secretary of Labor’s interpretative bulletins Counsel has accepted charges in the past. In tion 415(c) of the CAA which requires that under the Fair Labor Standards Act for sec- § 2.102(c), the term ‘‘occurrence of the alleged funds to correct ADA violations ‘‘may be tion 203 purposes). The Board proposes not to violation’’ is defined in a manner that in- paid only from funds appropriated to the em- adopt Appendix B, which gives the addresses cludes both isolated acts of discrimination ploying office or entity responsible for cor- of FTA regional offices. Such information is and continuing violations. See, e.g., Havens recting such violations.’’ 2 U.S.C. § 1415(c). not relevant to covered entities under the Realty Corp. v. Coleman, 455 U.S. 363, 380 The compliance date set forth in § 2.107(b) is CAA. The Board also proposes not to adopt (1982). In § 2.102(d), the term ‘‘the rights and from section 210(d)(5) of the CAA. 2 U.S.C. Appendix C, which contain forms for certifi- protections against discrimination in the § 1331(d)(5). cation of equivalent service. These forms ap- provision of public services and accommoda- § 2.108 Judicial Review. This section is pears to be irrelevant to entities covered by tions’’ is defined by referencing the specific from section 210(d)(4) of the CAA. 2 U.S.C. the CAA and therefore will not be adopted by sections of Titles II and III that are incor- § 1331(d)(4). the Board. Finally, the Board will adopt Ap- porated into the CAA in section 210(b)(1). 2 Regulations proposed in Part 3. pendix D to Part 37, the section-by-section U.S.C. § 1331(b)(1). § 3.101 Purpose and scope. This section ref- analysis of Part 37. The Board notes that the § 2.103 Investigatory Authority. This sec- erences and notes that Part 3 of these regu- section-by-section analysis may have some tion explains the investigatory methods that lations implements section 210(f) of the CAA relevance in interpreting the sections of Part the General Counsel will use when inves- which requires that the General Counsel, on 37 that the Board has adopted. a regular basis, at least once each Congress, 9. The Board proposes to adopt, with mini- tigating charges of discrimination and clarifies the duty of cooperation owed by all par- inspect the facilities of covered entities to mal technical and nomenclature changes, ensure compliance with the Titles II and III the regulations contained in Part 38 and ac- ties. The language used to describe the investigatory methods listed in § 2.103(a) is derived of the ADA and to prepare and submit a re- companying appendix, with the exception of port to Congress containing the results of the following subparts which the Board has from the Supreme Court’s decision in Dow Chemical Co. v. United States, 476 U.S. 227, 233 the periodic inspections, describing any vio- determined implement portions of the ADA lations, assessing any limitations in accessi- not applied to covered entities under section (1986) which describes what is intended when bility, and providing the estimated cost and 210(b) of the CAA and/or the Board believe an agency is granted investigatory authority time needed for abatement. It also notes have no conceivable applicability to legisla- that is not otherwise defined in the statute. that by procedural rule or policy, the Gen- tive branch operations: Subpart E, Com- The duty to cooperate with investigations eral Counsel or the Office may further de- muter Rail Cars and Systems; and Subpart described in § 2.103(b) is implicit in the CAA. scribe how the General Counsel will exercise F, Intercity Rail Cars and Systems. By empowering the General Counsel to in- the statutory authority provided by section In section 1.105(d), the Board has proposed vestigate potential violations of the the the adoption of one regulation promulgated ADA, Congress expressed its expectation 210(d) of the CAA. The Board notes that the by the Access Board, 36 C.F.R. § 1190.34, relat- that legislative branch employees and offices Executive Director is proposing amendments ing to the accessibility of leased buildings would cooperate fully with investigations to the Office’s Procedural Rules that do in- and facilities. While the DOJ does not have a conducted by the General Counsel pursuant clude provisions relating to section 210(f) of regulation pertaining to leased buildings and to this authority. This regulation is con- the CAA. facilities, the Access Board has promulgated sistent with prior policy guidance the Gen- § 3.102 Definitions. This section defines this regulation that sets minimal accessible eral Counsel has provided to covered enti- terms used in section 210(f) of the CAA which standards whenever the federal government ties. are not defined in the statute. In § 3.102(a), leases a building or facility (or a portion § 2.104 Mediation. This section explains the term ‘‘facilities of covered entities’’ is thereof). Generally, this regulation requires when the General Counsel will request medi- defined. The term ‘‘facility’’ is defined in 28 that fully accessible space be leased when ation of a charge of discrimination. The lan- C.F.R. § 35.104, which is incorporated by ref- available, but also sets some minimal acces- guage in § 2.104(a) is derived from section erence into these regulations. See § 1.105(c). sibility requirements when fully accessible 210(d)(2) of the CAA. 2 U.S.C. § 1331(d)(2). The ‘‘Facilities of covered entities’’ is defined to spaces are not available. These minimum re- explanation of what happens when mediation include all facilities where covered entities quirements include at least one accessible results in a settlement is contained in provide public programs, activities, services entrance, an accessible route to major func- § 2.104(b) and is consistent with the language or accommodations, including those facili- tion areas, an accessible toilet, and acces- in section 210(d)(3) and with the General ties designed, maintained, altered or con- sible parking (if that is included in the rent). Counsel’s past practice of closing cases that structed by a covered entity. Because the If there is no space available that meets even are resolved during mediation. The language General Counsel’s inspections under section these minimal requirements, the regulation in § 2.104(c) is derived from section 210(d)(3) of 210(f) of the CAA are focused upon finding does contain an exception that would permit the CAA. 2 U.S.C. § 1331(d)(3). barriers to access in facilities, the term the short term leasing of spaces that do not § 2.105 Complaint. The language in this ‘‘violation’’ is defined in § 3.102(b) as any bar- even meet these minimal standards. The section is is derived from section 210(d)(3) of rier to access caused by noncompliance with most common ADA public access complaint the CAA. 2 U.S.C. § 1331(d)(3). the applicable standards. The definition of received by the General Counsel from mem- § 2.106 Intervention by charging individual. ‘‘estimated cost and time needed for abate- bers of the public relates to the lack of ADA The language in this section is is derived ment’’ was developed in consultation with access to spaces being leased by legislative from section 210(d)(3) of the CAA. 2 U.S.C. Office of the Architect of the Capitol which branch offices. The Board therefore finds § 1331(d)(3). proposed that reporting regarding estimated good cause to clarify the ADA access obliga- § 2.107 Remedies and Compliance. This sec- abatement cost and time be provided using a tions regarding leased spaces by adopting 36 tion describes the remedies available and the range of dollar amounts and dates due to the C.F.R. § 1190.34. compliance dates when a violation of section difficulty in precisely estimating such costs Regulations proposed in Part 2. 210 is found. The remedy language in and dates. § 2.101 Purpose and scope. This section ref- § 2.107(a) is based upon the statutory lan- § 3.103 Inspection authority. This section erences and notes that Part 2 of these regu- guage in section 210(c) of the CAA. 2 U.S.C. describes the general scope of the General

VerDate Mar 15 2010 05:25 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.040 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5444 CONGRESSIONAL RECORD — SENATE September 9, 2014 Counsel’s inspection authority [§ 3.103(a)] and (1) each office of the Senate, including provide public services, programs, or activi- recognizes that the General Counsel has the each office of a Senator and each committee; ties, or operates a place of public accommo- right to review information and documents (2) each office of the House of Representa- dation within the meaning of Section 210 of [§ 3.103(b)], receive cooperation from covered tives, including each office of a Member of the CAA. In the regulations implementing entities [§ 3.103(c)], and become involved in the House of Representatives and each com- Title III, private entity includes covered enti- pre-construction review of alteration and mittee; ties. construction projects [§ 3.103(d)]. (3) each joint committee of the Congress; (d) Board means the Board of Directors of The general scope of authority in § 3.103(a) (4) the Office of Congressional Accessi- the Office of Compliance. is derived from the language in section bility Services; (e) Office means the Office of Compliance. 210(f)(1) of the CAA. 2 U.S.C. § 1331(f)(1). This (5) the United States Capitol Police; (f) General Counsel means the General subsection also describes the discretion that (6) the Congressional Budget Office; Counsel of the Office of Compliance. the General Counsel has exercised when con- (7) the Office of the Architect of the Cap- § 1.103 Authority of the Board. ducting these inspections since the enact- itol (including the Botanic Garden); Pursuant to Sections 210 and 304 of the ment of the CAA. (8) the Office of the Attending Physician; CAA, the Board is authorized to issue regula- The document and information review de- and tions to implement the rights and protec- scribed in § 3.103(b) recognizes that a thor- (9) the Office of Compliance; tions against discrimination on the basis of ough inspection of facilities can require the Title II of the ADA prohibits discrimina- disability in the provision of public services review of documents and other information tion on the basis of disability in the provi- and accommodations under the ADA. Sec- to ascertain whether a covered entity is in sion of public services, programs, activities tion 210(e) of the CAA directs the Board to compliance with the ADA. The language in by any ‘‘public entity.’’ Section 210(b)(2) of promulgate regulations implementing Sec- this subsection is based upon prior policy the CAA provides that for the purpose of ap- tion 210 that are ‘‘the same as substantive guidance the General Counsel has provided plying Title II of the ADA the term ‘‘public regulations promulgated by the Attorney to covered entities. entity’’ means any entity listed above that General and the Secretary of Transportation The duty to cooperate with inspections de- provides public services, programs, or activi- to implement the statutory provisions re- scribed in § 3.103(c), like the duty to cooper- ties. Title III of the ADA prohibits discrimi- ferred to in subsection (b) except to the ex- ate with investigations described in § 2.103(b), nation on the basis of disability by public ac- tent that the Board may determine, for good is implicit in the CAA. By empowering the commodations and requires places of public cause shown and stated together with the General Counsel to inspect all facilities for accommodation and commercial facilities to regulation, that a modification of such regu- potential violations of the the ADA, Con- be designed, constructed, and altered in com- lations would be more effective for the im- gress expressed its expectation that legisla- pliance with accessibility standards. Section plementation of the rights and protections tive branch employees and offices would co- 225(f) of the CAA provides that, ‘‘[e]xcept under this section.’’ 2 U.S.C. § 1331(e). Specifi- operate fully with such inspections con- where inconsistent with definitions and ex- cally, it is the Board’s considered judgment, ducted by the General Counsel pursuant to emptions provided in this Act, the defini- based on the information available to it at this authority. This regulation is consistent tions and exemptions of the [ADA] shall the time of promulgation of these regula- with prior policy guidance the General Coun- apply under this Act.’’ 2 U.S.C. § 1361(f)(1). tions, that, with the exception of the regula- sel has provided to covered entities. Section 210(d) of the CAA requires that the tions adopted and set forth herein, there are The pre-construction review of alteration General Counsel of the Office of Compliance no other ‘‘substantive regulations promul- and construction projects described in accept and investigate charges of discrimina- gated by the Attorney General and the Sec- § 3.103(d) was developed after consultation tion filed by qualified individuals with dis- retary of Transportation to implement the with the Office of the Architect of the Cap- abilities who allege a violation of Title II or statutory provisions referred to in sub- itol and addresses concerns raised by over- Title III of the ADA by a covered entity. If section (b) [of Section 210 of the CAA]’’ that sight and appropriations staff over finding a the General Counsel believes that a violation need be adopted. cost efficient process that would allow better may have occurred, the General Counsel may In promulgating these regulations, the identification and elimination of potential file with the Office a complaint against any Board has made certain technical and no- ADA compliance issues during the pre-con- entity responsible for correcting the viola- menclature changes to the regulations as struction phases of new construction and al- tion. 2 U.S.C. § 1361(d). promulgated by the Attorney General and teration projects. Section 210(f) of the CAA requires that the the Secretary of Transportation. Such § 3.104 Reporting, estimating cost & time General Counsel of the Office of Compliance changes are intended to make the provisions and compliance date. This section describes on a regular basis, and at least once each adopted accord more naturally to situations the reporting obligations of the General Congress, conduct periodic inspections of all in the Legislative Branch. However, by mak- Counsel set forth in section 210(f)(2) of the covered facilities and to report to Congress ing these changes, the Board does not intend CAA. 2 U.S.C. § 1331(f)(2). The language in on compliance with disability access stand- a substantive difference between these regu- § 3.104(a) is directly from section 210(f)(2) of ards under Section 210. 2 U.S.C. § 1331(f). lations and those of the Attorney General the CAA. Subsection 3.104(b) merely recog- (b) Purpose and scope of regulations. The and/or the Secretary from which they are de- nizes that the General Counsel needs the co- regulations set forth herein (Parts 1, 2, and 3) rived. Moreover, such changes, in and of operation of covered entities to provide the are the substantive regulations that the themselves, are not intended to constitute cost and time estimates for abatement re- Board of Directors of the Office of Compli- an interpretation of the regulations or of the quired by section 210(f)(2). The compliance ance has promulgated pursuant to Section statutory provisions of the CAA upon which date set forth in § 3.104(c) is from section 210(e) of the CAA. Part 1 contains the gen- they are based. 210(d)(5) of the CAA. 2 U.S.C. § 1331(d)(5). eral provisions applicable to all regulations § 1.104 Method for identifying the entity re- under Section 210, the method of identifying Proposed Regulations: sponsible for correction of violations of sec- entities responsible for correcting a violation 210. PART 1—MATTERS OF GENERAL APPLICA- tion of Section 210, and the list of executive (a) Purpose and scope. Section 210(e)(3) of BILITY TO ALL REGULATIONS PROMUL- branch regulations incorporated by reference the CAA provides that regulations under GATED UNDER SECTION 210 OF THE which define and clarify the prohibition Section 210(e) include a method of identi- CONGRESSIONAL ACCOUNTABILITY ACT against discrimination on the basis of dis- fying, for purposes of this section and for OF 1995 ability in the provision of public services and categories of violations of Section 210(b), the § 1.101 PURPOSE AND SCOPE accommodations. Part 2 contains the provi- entity responsible for correcting a particular § 1.102 DEFINITIONS sions pertaining to investigation and pros- violation. This section sets forth the method § 1.103 AUTHORITY OF THE BOARD ecution of charges of discrimination. Part 3 for identifying responsible entities for the § 1.104 METHOD FOR IDENTIFYING THE contains the provisions regarding the peri- purpose of allocating responsibility for cor- ENTITY RESPONSIBLE FOR CORRECTING odic inspections and reports to Congress on recting violations of Section 210(b). VIOLATIONS OF SECTION 210 compliance with the disability access stand- (b) Violations. A covered entity may vio- § 1.105 REGULATIONS INCORPORATED ards. late Section 210(b) if it discriminates against BY REFERENCE § 1.102 Definitions. a qualified individual with a disability with- § 1.101 Purpose and scope. Except as otherwise specifically provided in the meaning of Title II or Title III of the (a) CAA. Enacted into law on January 23, in these regulations, as used in these regula- ADA. 1995, the Congressional Accountability Act tions: (c) Entities Responsible for Correcting Vio- (‘‘CAA’’) in Section 210(b) provides that the (a) Act or CAA means the Congressional Ac- lations. Correction of a violation of the rights and protections against discrimina- countability Act of 1995 (Pub. L. 104–1, 109 rights and protections against discrimination in the provision of public services and Stat. 3, 2 U.S.C. §§ 1301–1438). tion is the responsibility of the entities list- accommodations established by the provi- (b) ADA means the Americans With Dis- ed in subsection (a) of Section 210 of the CAA sions of Title II and III (Sections 201 through abilities Act of 1990 (42 U.S.C. §§ 12131–12150, that provide the specific public service, pro- 230, 302, 303, and 309) of the Americans With 12182, 12183, and 12189) as applied to covered gram, activity, or accommodation that Disabilities Act of 1990, 42 U.S.C. §§ 12131– entities by Section 210 of the CAA. forms the basis for the particular violation 12150, 12182, 12183, and 12189 (‘‘ADA’’) shall (c) Covered entity and public entity include of Title II or Title III rights and protections apply to the following entities: any of the entities listed in § 1.101(a) that and, when the violation involves a physical

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.041 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5445 access barrier, the entities responsible for § 35.136 Service animals § 37.73 Purchase or lease of used non-rail designing, maintaining, managing, altering § 35.137 Mobility devices. vehicles by public entities operating fixed or constructing the facility in which the spe- § 35.138 Ticketing route systems. cific public service program, activity or ac- § 35.139 Direct threat. § 37.75 Remanufacture of non-rail vehicles commodation is conducted or provided. § 35.149 Discrimination prohibited. and purchase or lease of remanufactured (d) Allocation of Responsibility for Correc- § 35.150 Existing facilities. non-rail vehicles by public entities operating tion of Title II and/or Title III Violations. § 35.151 New Construction and alterations. fixed route systems. Where more than one entity is found to be an § 35.152 Jails, detention and correctional § 37.77 Purchase or lease of new non-rail entity responsible for correction of a viola- facilities. vehicles by public entities operating a de- tion of Title II and/or Title III rights and § 35.160 General. mand responsive system for the general pub- protections under the method set forth in § 35.161 Telecommunications. lic. this section, as between those parties, allo- § 35.162 Telephone emergency services. § 37.79 Purchase or lease of new rail vehi- cation of responsibility for correcting the § 35.163 Information and signage. cles by public entities operating rapid or violations of Title II or Title III of the ADA § 35.164 Duties. light rail systems. may be determined by statute, contract, § 36.101 Purpose. § 37.81 Purchase or lease of used rail vehi- § 36.102 Application. order, or other enforceable arrangement or cles by public entities operating rapid or § 36.103 Relationship to other laws. relationship. light rail systems. § 36.104 Definitions. § 37.83 Remanufacture of rail vehicles and § 1.105 Regulations incorporated by ref- § 36.201 General. purchase or lease of remanufactured rail ve- erence. § 36.202 Activities. hicles by public entities operating rapid or (a) Technical and Nomenclature Changes to § 36.203 Integrated settings. light rail systems. Regulations Incorporated by Reference. The § 36.204 Administrative methods. § 37.101 Purchase or lease of vehicles by definitions in the regulations incorporated § 36.205 Association. private entities not primarily engaged in the by reference (‘‘incorporated regulations’’) § 36.207 Places of public accommodations business of transporting people. shall be used to interpret these regulations located in private residences. § 37.105 Equivalent service standard. except when they differ from the definitions § 36.208 Direct threat. § 37.121 Requirement for comparable com- in § 1.102 or the modifications listed below, in § 36.209 Illegal use of drugs. plementary paratransit service. which case the definition in § 1.102 or the § 36.210 Smoking. § 36.211 Maintenance of accessible features. § 37.123 ADA paratransit eligibility: Stand- modification listed below shall be used. The ards. incorporated regulations are hereby modified § 36.213 Relationship of subpart B to subparts C and D of this part. § 37.125 ADA paratransit eligibility: Proc- as follows: ess. (1) When the incorporated regulations refer § 36.301 Eligibility criteria. § 36.302 Modifications in policies, practices, § 37.127 Complementary paratransit serv- to ‘‘Assistant Attorney General,’’ ‘‘Department ice for visitors. of Justice,’’ ‘‘FTA Administrator,’’ ‘‘FTA re- or procedures. § 36.303 Auxiliary aids and services. § 37.129 Types of service. gional office,’’ ‘‘Administrator,’’ ‘‘Secretary,’’ § 37.131 Service criteria for complemen- or any other executive branch office or offi- § 36.304 Removal of barriers. § 36.305 Alternatives to barrier removal. tary paratransit. cer, ‘‘General Counsel’’ is hereby substituted. § 37.133 Subscription service. (2) When the incorporated regulations refer § 36.306 Personal devices and services. § 36.307 Accessible or special goods. § 37.135 Submission of paratransit plan. to the date ‘‘January 26, 1992,’’ the date ‘‘Jan- § 37.137 Paratransit plan development. uary 1, 1997’’ is hereby substituted. § 36.308 Seating in assembly areas. § 36.309 Examinations and courses. § 37.139 Plan contents. (3) When the incorporated regulations oth- § 37.141 Requirements for a joint para- erwise specify a date by which some action § 36.310 Transportation provided by public accommodations. transit plan. must be completed, the date that is three § 37.143 Paratransit plan implementation. years from the effective date of these regula- § 36.402 Alterations. § 36.403 Alterations: Path of travel. § 37.147 Considerations during FTA re- tions is hereby substituted. view. (4) When the incorporated regulations con- § 36.404 Alterations: Elevator exemption. § 36.405 Alterations: Historic preservation. § 37.149 Disapproved plans. tain an exception for an ‘‘historic’’ property, § 36.406 Standards for new construction § 37.151 Waiver for undue financial bur- building, or facility that exception shall and alterations. den. apply to properties, buildings, or facilities Appendix A to Part 36—Standards for Ac- § 37.153 FTA waiver determination. designated as an historic or heritage asset by cessible Design. § 37.155 Factors in decision to grant an the Office of the Architect of the Capitol in Appendix B to Part 36—Preamble to Regu- undue financial burden waiver. accordance with its preservation policy and lation on Nondiscrimination on the Basis of § 37.161 Maintenance of accessible fea- standards and where, in accordance with its Disability by Public Accommodations (Pub- tures: General. preservation policy and standards, the Office lished July 26, 1991). § 37.163 Keeping vehicle lifts in operative of the Architect of the Capitol determines (d) Incorporated Regulations from 49 C.F.R. condition: Public entities. that compliance with the requirements for Parts 37 and 38. The following regulations § 37.165 Lift and securement use. accessible routes, entrances, or toilet facili- from 49 C.F.R. Parts 37 and 38 that are pub- § 37.167 Other service requirements. ties would threaten or destroy the historic lished in the Code of Federal Regulations on § 37.171 Equivalency requirement for de- significance of the building or facility, the the effective date of these regulations are mand responsive service operated by private exceptions for alterations to qualified his- hereby incorporated by reference as though entities not primarily engaged in the busi- toric buildings or facilities for that element stated in detail herein: ness of transporting people. shall be permitted to apply. § 37.1 Purpose. § 37.173 Training requirements. (b) When a covered Rule of Interpretation. § 37.3 Definitions. Appendix A to Part 37—Modifications to entity is subject to conflicting regulations § 37.5 Nondiscrimination. Standards for Accessible Transportation Fa- implementing both Title II and Title III of § 37.7 Standards for accessible vehicles. cilities. the ADA, the regulation providing the most § 37.9 Standards for accessible transpor- Appendix D to Part 37—Construction and access shall apply. tation facilities. Interpretation of Provisions of 49 CFR Part (c) Incorporated Regulations from 28 C.F.R. § 37.13 Effective date for certain vehicle 37. Parts 35 and 36. The following regulations specifications. § 38.1 Purpose. from 28 C.F.R. Parts 35 and 36 that are pub- § 37.21 Applicability: General. § 38.2 Equivalent facilitation. lished in the Code of Federal Regulations on § 37.23 Service under contract. § 38.3 Definitions. the effective date of these regulations are § 37.27 Transportation for elementary and § 38.4 Miscellaneous instructions. hereby incorporated by reference as though secondary education systems. § 38.21 General. stated in detail herein: § 37.31 Vanpools. § 38.23 Mobility aid accessibility. § 35.101 Purpose. § 37.37 Other applications. § 38.25 Doors, steps and thresholds. § 35.102 Application. § 37.41 Construction of transportation fa- § 38.27 Priority seating signs. § 35.103 Relationship to other laws. cilities by public entities. § 38.29 Interior circulation, handrails and § 35.104 Definitions. § 37.43 Alteration of transportation facili- stanchions. § 35.105 Self-evaluation ties by public entities. § 38.31 Lighting. § 35.106 Notice. § 37.45 Construction and alteration of § 38.33 Fare box. § 35.107 Designation of responsible em- transportation facilities by private entities. § 38.35 Public information system. ployee and adoption of grievance procedures. § 37.47 Key stations in light and rapid rail § 38.37 Stop request. § 35.130 General prohibitions against dis- systems. § 38.39 Destination and route signs. crimination. § 37.61 Public transportation programs § 38.51 General. § 35.131 Illegal use of drugs. and activities in existing facilities. § 38.53 Doorways. § 35.132 Smoking. § 37.71 Purchase or lease of new non-rail § 38.55 Priority seating signs. § 35.133 Maintenance of accessible features. vehicles by public entities operating fixed § 38.57 Interior circulation, handrails and § 35.135 Personal devices and services. route systems. stanchions.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.042 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5446 CONGRESSIONAL RECORD — SENATE September 9, 2014 § 38.59 Floor surfaces. § 2.103 Investigatory Authority. ficer and the Board, in their discretion, may § 38.61 Public information system. (a) Investigatory Methods. When inves- allow the prevailing charging individual a § 38.63 Between-car barriers. tigating charges of discrimination and con- reasonable attorney’s fee, including litiga- § 38.71 General. ducting inspections, the General Counsel is tion expenses, and costs, and the covered en- § 38.73 Doorways. authorized to use all the modes of inquiry tity responsible for correcting the violation § 38.75 Priority seating signs. and investigation traditionally employed or shall pay such fees, expenses and costs from § 38.77 Interior circulation, handrails and useful to execute this investigatory author- its appropriated funds as part of the funds to stanchions. ity. The authorized methods of investigation correct violations of Section 210 under Sec- § 38.79 Floors, steps and thresholds. tion 415(c) of the CAA. include, but are not limited to, the fol- § 38.81 Lighting. (2) Compensatory Damages. In any action § 38.83 Mobility aid accessibility. lowing: (1) requiring the parties to provide or commenced pursuant to Section 210 of the § 38.85 Between-car barriers. produce ready access to: all physical areas CAA by the General Counsel, when a charg- § 38.87 Public information system. subject to an inspection or investigation, ining individual has intervened, the hearing of- § 38.171 General. dividuals with relevant knowledge con- ficer and the Board, in their discretion, may § 38.173 Automated guideway transit vehi- cerning the inspection or investigation who award compensatory damages to the pre- cles and systems. can be interviewed or questioned, and docu- vailing charging individual, and the covered § 38.179 Trams, and similar vehicles, and ments pertinent to the investigation; and (2) entity responsible for correcting the viola- systems. requiring the parties to provide written an- tion shall pay such compensatory damages Figures to Part 38. swers to questions, statements of position, from its appropriated funds as part of the Appendix to Part 38—Guidance Material. and any other information relating to a po- funds to correct violations of Section 210 (e) Incorporated Regulation from 36 C.F.R. tential violation or demonstrating compli- under Section 415(c) of the CAA. Part 1190. The following regulation from 36 ance. (b) Compliance Date. Compliance shall C.F.R. Part 1190 that is published in the Code (b) Duty to Cooperate with Investigations. take place as soon as possible, but no later of Federal Regulations on the effective date Charging individuals and covered entities than the fiscal year following the end of the of these regulations is hereby incorporated shall cooperate with investigations con- fiscal year in which the order requiring cor- by reference as though detail herein: ducted by the General Counsel. Cooperation rection becomes final and not subject to fur- § 1190.3—Accessible buildings and facilities: includes providing timely responses to rea- ther review. Leased. sonable requests for information and docu- § 2.108 Judicial Review. PART 2—MATTERS PERTAINING TO IN- ments (including the making and retention VESTIGATION AND PROSECUTION OF A charging individual who has intervened of copies of records and documents), allowing or any respondent to the complaint, if ag- CHARGES OF DISCRIMINATION. the General Counsel to review documents § 2.101 PURPOSE AND SCOPE grieved by a final decision of the Board, may and interview relevant witnesses confiden- file a petition for review in the United States § 2.102 DEFINITIONS tially and without managerial interference § 2.103 INVESTIGATORY AUTHORITY Court of Appeals for the Federal Circuit, pur- or influence, and granting the General Coun- suant to Section 407 of the CAA. § 2.104 MEDIATION sel ready access to all facilities where cov- § 2.105 COMPLAINT PART 3—MATTERS PERTAINING TO ered services, programs and activities are § 2.106 INTERVENTION BY CHARGING PERIODIC INSPECTIONS AND REPORTING. being provided and all places of public ac- INDIVIDUAL § 3.101 PURPOSE AND SCOPE commodation. § 2.107 REMEDIES AND COMPLIANCE § 3.102 DEFINITIONS § 3.103 INSPECTION AUTHORITY § 2.108 JUDICIAL REVIEW § 2.104 Mediation. § 3.104 REPORTING, ESTIMATED COST & § 2.101 Purpose and Scope. (a) Belief that violation may have occurred. TIME AND COMPLIANCE If, after investigation, the General Counsel Section 210(d) of the CAA requires that the § 3.101 Purpose and scope. General Counsel accept and investigate believes that a violation of the ADA may have occurred and that mediation may be Section 210(f) of the CAA requires that the charges of discrimination filed by qualified General Counsel, on a regular basis, at least individuals with disabilities who allege a helpful in resolving the dispute, prior to filing a complaint, the General Counsel may once each Congress, inspect the facilities of violation of Title II or Title III of the ADA covered entities to ensure compliance with request, but not participate in, mediation by a covered entity. Part 2 of these regula- the Titles II and III of the ADA and to pre- under subsections (b) through (d) of Section tions contains the provisions pertaining to pare and submit a report to Congress con- 403 of the CAA between the charging indi- investigation and prosecution of charges of taining the results of the periodic inspec- vidual and any entity responsible for cor- discrimination. By procedural rule or policy, tions, describing any violations, assessing recting the alleged violation. the General Counsel or the Office may fur- any limitations in accessibility, and pro- (b) If, prior to the filing of a ther describe how the General Counsel will Settlement. viding the estimated cost and time needed complaint, the charging individual and the exercise the statutory authority provided by for abatement. Part 3 of these regulations entity responsible for correcting the viola- Section 210. contains the provisions pertaining to these tion reach a settlement agreement that fully § 2.102 Definitions. inspection and reporting duties. By proce- resolves the dispute, the General Counsel (a) Charge means any written document dural rule or policy, the General Counsel or shall close the investigation of the charge the Office may further describe how the Gen- from a qualified individual with a disability without taking further action. or that individual’s designated representa- eral Counsel will exercise this statutory au- (c) Mediation Unsuccessful. If mediation thority provided by Section 210. tive which suggests or alleges that a covered under (a) has not succeeded in resolving the entity denied that individual the rights and dispute, and if the General Counsel believes § 3.102 Definitions. protections against discrimination in the that a violation of the ADA may have oc- (a) The facilities of covered entities means provision of public services and accommoda- curred, the General Counsel may file with all facilities used to provide public pro- tions provided in Section 210(b)(1) of the the Office a complaint against any entity re- grams, activities, services or accommoda- CAA. sponsible for correcting the violation. tions that are designed, maintained, altered (b) File a charge means providing a charge or constructed by a covered entity and all fa- to the General Counsel in person, by mail, by § 2.105 Complaint. cilities where covered entities provide public electronic transmission, or by any other The complaint filed by the General Counsel programs, activities, services or accommoda- means used by the General Counsel to re- shall be submitted to a hearing officer for tions. ceive documents. Charges shall be filed with- decision pursuant to subsections (b) through (b) Violation means any barrier to access in 180 days of the occurrence of the alleged (h) of Section 405 of the CAA. The decision of caused by noncompliance with the applicable violation. the hearing officer shall be subject to review standards. (c) The occurrence of the alleged violation by the Board pursuant to Section 406 of the (c) Estimated cost and time needed for means the later of (1) the date on which the CAA. abatement means cost and time estimates that can be reported as falling within a charging individual was allegedly discrimi- § 2.106 Intervention by Charging Individual. nated against; or (2) the last date on which range of dollar amounts and dates. Any person who has filed a charge may in- the service, activity, program or public ac- § 3.103 Inspection authority. tervene as of right, with the full rights of a commodation described by the charging party, whenever a complaint is filed by the (a) General scope of authority. On a regular party was operated in a way that denied ac- General Counsel. basis, at least once each Congress, the Gen- cess in the manner alleged by the charging eral Counsel shall inspect the facilities of party. § 2.107 Remedies and Compliance. covered entities to ensure compliance with (d) The rights and protections against dis- (a) Remedy. The remedy for a violation of the Titles II and III of the ADA. When con- crimination in the provision of public services Section 210 of the CAA shall be such remedy ducting these inspections, the General Coun- and accommodations means all of the rights as would be appropriate if awarded under sel has the discretion to decide which facili- and protections provided by Section 210(b)(1) Section 203 or 308(a) of the ADA. ties will be inspected and how inspections of the CAA through incorporation of Sec- (1) Attorney Fees and Costs. In any action will be conducted. The General Counsel may tions 201 through 230, 203, 303, and 309 of the commenced pursuant to Section 210 of the receive requests for ADA inspections, includ- ADA and by the regulations issued by the CAA by the General Counsel, when a charging anonymous requests, and conduct inspec- Board to implement Section 210 of the CAA. ing individual has intervened, the hearing of- tions for compliance with Titles II and III of

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the ADA in the same manner that the Gen- U.S. CONGRESS, invited for a period of thirty (30) days fol- eral Counsel receives and investigates re- OFFICE OF COMPLIANCE, lowing the date of the appearance of this NO- quests for inspections under Section 215(c)(1) Washington, DC. TICE in the Congressional Record. In addi- of the CAA. Hon. PATRICK J. LEAHY, tion to being posted on the Office of Compli- (b) Review of information and documents. President Pro Tempore of the Senate, ance’s section 508 compliant web site When conducting inspections under Section Washington, DC. (www.compliance.gov), this NOTICE is also 210(f) of the CAA, the General Counsel may DEAR MR. PRESIDENT: Section 303(a) of the available in the following alternative for- request, obtain, and review any and all infor- Congressional Accountability Act of 1995 mats: Large Print, Braille. Requests for this mation or documents deemed by the General (CAA), 2 U.S.C. I383(a), requires that, with NOTICE in an alternative format should be Counsel to be relevant to a determination of regard to the initial proposal of procedural made to Annie Leftwood, Office of Compli- whether the covered entity is in compliance rules under the CAA, the Executive Director ance, at 202/724–9272 (voice). Submission of with Section 210 of the CAA. ‘‘shall, subject to the approval of the Board comments must be made in writing to the [of Directors], adopt rules governing the pro- Executive Director, Office of Compliance, 110 (c) Duty to cooperate. Covered entities shall cooperate with any inspection con- cedures of the Office . . . publish a general Second Street, S.E., Room LA–200, Wash- ducted by the General Counsel in the manner notice of proposed rulemaking’’ and ‘‘shall ington, D.C. 20540–1999. It is requested, but provided by § 2.103(b). transmit such notice to the Speaker of the not required, that an electronic version of House of Representatives and the President any comments be provided via e-mail to: (d) Pre-construction review of alteration pro tempore of the Senate for publication in Annie Leftwood: and construction projects. Any project in- the Congressional Record on the first day of [email protected]. Comments volving alteration or new construction of fa- which both Houses are in session following may also be submitted by facsimile to the cilities of covered entities are subject to in- such transmittal.’’ Executive Director at 202–426–1913 (a non spection by the General Counsel for compli- Having obtained the approval of the Board toll-free number). Those wishing to receive ance with Titles II and III of the ADA during as required by Section 303(b) of the CAA, 2 confirmation of the receipt of their com- the design, pre-construction, construction, U.S.C. I383(b), I am transmitting the at- ments are requested to provide a self-ad- and post construction phases of the project. tached notice of proposed procedural rule- dressed, stamped post card with their sub- The Office of the Architect of the Capitol making to the President pro tempore of the mission. Copies of submitted comments will shall, within one year from the effective date Senate. I request that this notice be pub- be available for review at the Office of Com- of these regulations, develop a process with lished in the Senate section of the Congres- pliance, 110 Second Street, S.E., Washington, the General Counsel to identify potential sional Record on the first day on which both D.C. 20540–1999, on Monday through Friday barriers to access prior to the completion of Houses are in session following the receipt of (non-Federal holidays) between the hours of alteration and construction projects that this transmittal. In compliance with Section 9:30 a.m. and 4:30 p.m. may include the following provisions: 303(b) of the CAA, a comment period of 30 SUPPLEMENTARY INFORMATION (1) Design review or approval; days after the publication of this notice of The Congressional Accountability Act of (2) Inspections of ongoing alteration and proposed rulemaking is being provided before 1995 (CAA), PL 104–1, was enacted into law on construction projects; adoption of the rules. January 23, 1995. The CAA applies the rights (3) Training on the applicable ADA stand- Any inquiries regarding this notice should and protections of 13 federal labor and em- ards; be addressed to Barbara J. Sapin, Executive ployment statutes to covered employees and Director of the Office of Compliance, Room (4) Final inspections of completed projects employing offices within the Legislative LA–200, 110 2nd Street SE., Washington, DC for compliance; and Branch of Government. Section 301 of the 20540; 202–724–9250. CAA (2 U.S.C. 1381) establishes the Office of (5) Any other provision that would likely Sincerely, reduce the number of ADA barriers in alter- Compliance as an independent office within BARBARA J. SAPIN, that Branch. Section 303 (2 U.S.C. 1383) di- ations and new construction and the costs Executive Director, associated with correcting them. rects that the Executive Director, as the Office of Compliance. Chief Operating Officer of the agency, adopt § 3.104 Reporting, estimating cost & time and Attachment. rules of procedure governing the Office of compliance date. FROM THE EXECUTIVE DIRECTOR OF THE OF- Compliance, subject to approval by the (a) Reporting duty. On a regular basis, at FICE OF COMPLIANCE: NOTICE OF PROPOSED Board of Directors of the Office. least once each Congress, the General Coun- RULEMAKING (‘‘NPRM’’), AND REQUEST FOR The rules of procedure establish the proc- sel shall prepare and submit a report to Con- COMMENTS FROM INTERESTED PARTIES. ess by which alleged violations of the 13 laws gress containing the results of the periodic PROPOSED AMENDMENTS TO THE RULES OF PRO- made applicable to the Legislative Branch inspections conducted under § 3.103(a), de- CEDURE, NOTICE OF PROPOSED RULEMAKING, under the CAA will be considered and re- scribing any violations, assessing any limita- AS REQUIRED BY 2 U.S.C. § 1383, THE CONGRES- solved. Subpart A covers general provisions tions in accessibility, and providing the esti- SIONAL ACCOUNTABILITY ACT OF 1995, AS pertaining to scope and policy, definitions, mated cost and time needed for abatement. AMENDED (‘‘CAA’’). and information on various filings and computation of time. Proposed Amendments to (b) Estimated cost & time. Covered entities INTRODUCTORY STATEMENT Subpart A provide for electronic filing and shall cooperate with the General Counsel by Shortly after the creation of the Office of clarify requirements and procedures con- providing information needed to provide the Compliance (Office) in 1995, Procedural Rules cerning confidentiality. Subpart B provides estimated cost and time needed for abate- were adopted to govern the processing of procedures for counseling, mediation, and ment in the manner provided by § 2.103(b). cases and controversies under the adminis- election between filing an administrative trative procedures established in subchapter (c) Compliance date. All barriers to access complaint with the Office of Compliance or IV of the Congressional Accountability Act identified by the General Counsel in its peri- filing a civil action in U.S. District Court. A of 1995 (CAA) 2 U.S.C. 1401–1407. The Rules of odic reports shall be removed or otherwise new Subpart C of the Procedural Rules sets Procedure were amended in 1998 and again in corrected as soon as possible, but no later forth the proposed rules and procedures for 2004. The existing Rules of Procedure are than the fiscal year following the end of the enforcement of the inspection, investigation available in their entirety on the Office of fiscal year in which the report describing the and complaint sections 210(d) and (f) of the Compliance’s web site: www.compliance.gov. barrier to access was issued by the General CAA relating to Public Services and Accom- The web site is fully compliant with section Counsel. modations under Titles II and III of the 508 of the Rehabilitation Act of 1973 (29 Recommended Method of Approval: Americans with Disabilities Act (ADA). Sub- U.S.C. 794d). part C has been reserved for these rules since The Board recommends that (1) the version Pursuant to section 303(a) of the CAA (2 1995. Because the Office of the General Coun- of the proposed regulations that shall apply U.S.C. 1383(a)), the Executive Director of the sel conducts ADA inspections and inves- to the Senate and entities and facilities of Office has obtained approval of the Board of tigates ADA charges using procedures that the Senate be approved by the Senate by res- Directors of the Office of Compliance regard- are similar to what are used in its Occupa- olution; (2) the version of the proposed regu- ing certain amendments to the Rules of Pro- tional, Safety and Health (OSH) inspections lations that shall apply to the House of Rep- cedure. and investigations conducted under section resentatives and entities and facilities of the After obtaining the Board’s approval, the 215 of the CAA, the procedural rules are simi- House of Representatives be approved by the Executive Director must then ‘‘publish a lar to what are contained in Subpart D of the House of Representatives by resolution; and general notice of proposed rulemaking . . . Procedural Rules relating to OSH inspec- (3) the version of the proposed regulations for publication in the Congressional Record tions and investigations. The proposed that shall apply to other covered entities on the first day on which both Houses are in Amendments to Subpart D clarify potential and facilities be approved by the Congress by session following such transmittal.’’ (Sec- ambiguities in the rules and procedures and concurrent resolution. tion 303(b) of the CAA, 2 U.S.C. 1383(b)). make modifications in terminology to better Signed at Washington, D.C., on this 9th NOTICE comport with the statutory language used in day of September, 2014. Comments regarding the proposed amend- Section 215 of the CAA. Subparts E, F, and G BARBARA L. CAMENS, ments to the Rules of Procedure of the Office include the process for the conduct of admin- Chair of the Board, Office of Compliance. of Compliance set forth in this NOTICE are istrative hearings held as the result of the

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.046 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5448 CONGRESSIONAL RECORD — SENATE September 9, 2014 filing of an administrative complaint. Sub- ...... part H sets forth the procedures for appeals (b) Covered Employee. The term ‘‘covered § 1.03 Filing and Computation of Time of decisions by hearing officers to the Board employee’’ means any employee of (a) Method of Filing. Documents may be filed of Directors of the Office of Compliance and ..... in person, electronically, by facsimile (FAX), for appeals of decisions by the Board of Di- (3) the øCapitol Guide Service¿ Office of Con- or by mail, including express, overnight and rectors to the United States Court of Ap- other expedited delivery. øWhen specifically gressional Accessibility Services; peals for the Federal Circuit. Proposed requested by the Executive Director, or by a (4) the United States Capitol Police; Amendments to Subpart H also reference Hearing Officer in the case of a matter pending procedures for other proceedings before the ..... before the Hearing Officer, or by the Board of Board. Subpart I of the Rules contain other (9) for the purposes stated in paragraph (q) Directors in the case of an appeal to the Board, matters of general applicability to the dis- of this section, the øGeneral Accounting¿ Gov- any document may also be filed by electronic pute resolution process and to the operation ernment Accountability Office or the Library transmittal in a designated format, with receipt of the Office of Compliance, including proof Congress. confirmed by electronic transmittal in the same posed Amendments concerning attorney’s ..... format. Requests for counseling under section fees and violations of formal settlement (d) Employee of the Office of the Architect of 2.03, requests for mediation under section 2.04 agreements. the Capitol. The term ‘‘employee of the Office and complaints under section 5.01 of these rules These proposed amendments to the Rules of the Architect of the Capitol’’ includes any may also be filed by facsimile (FAX) trans- of Procedure are the result of the experience employee of the Office of the Architect of mission. In addition, the Board or a Hearing Of- of the Office in processing disputes under the ficer may order other documents to be filed by the Capitol, or the Botanic Garden øor the CAA since the original adoption of these Senate Restaurants¿. FAX. The original copies of documents filed by Rules in 1995. The proposed Amendments to (e) Employee of the Capitol Police. The term FAX must also be mailed to the Office no later ¿ Subpart D of the Procedural Rules reflect ‘‘employee of the Capitol Police’’ includes ci- than the day following FAX transmission. The the experience of the Office of General Coun- vilian employees and any member or officer filing of all documents is subject to the limi- sel in conducting OSH inspections and inves- of the Capitol Police. tations set forth below. The Board, Hearing tigations since 1995. (f) Employee of the House of Representatives. Officer, the Executive Director, or the Gen- EXPLANATION REGARDING THE TEXT OF THE The term ‘‘employee of the House of Rep- eral Counsel may, in their discretion, deter- PROPOSED AMENDMENTS resentatives’’ includes an individual occu- mine the method by which documents may be filed in a particular proceeding, including Material from the 2004 version of the Rules pying a position the pay for which is dis- ordering one or more parties to use mail, is printed in roman type. The text of the pro- bursed by the Clerk of the House of Rep- FAX, electronic filing, or personal delivery. posed amendments shows ƒdeletions in resentatives, or another official designated ≈ by the House of Representatives, or any em- Parties and their representatives are respon- italicized type within bold italics brackets and sible for ensuring that the Office always has ployment position in an entity that is paid added text in bold. Only subsections of the their current postal mailing and e-mail ad- with funds derived from the clerk-hire allow- Rules that include proposed amendments are dresses and FAX numbers. reproduced in this NOTICE. The insertion of ance of the House of Representatives, but ..... a series of small dots (.....) indicates addi- not any such individual employed by any en- ƒ ≈ tional, unamended text within a section has tity listed in subparagraphs (3) through (9) of (2) Mailing By Mail. (i) If mailed, in- not been reproduced in this document. The paragraph (b) above. Requests for Mediation. cluding express, overnight and other expe- insertion of a series of asterisks (*****) (g) Employee of the Senate. The term ‘‘em- dited delivery, a request for mediation ƒor a indicates that the unamended text of entire ployee of the Senate’’ includes any employee complaint≈ is deemed filed on the date of its sections of the Rules have not been repro- whose pay is disbursed by the Secretary of receipt in the Office. duced in this document. For the text of other the Senate, but not any such individual em- (ii) Other Documents. ƒA document,≈ Docu- portions of the Rules which are not proposed ployed by any entity listed in subparagraphs ments, other than a request for mediation, to be amended, please access the Office of (3) through (9) of paragraph (b) above. ƒ ≈ (h) Employing Office. The term ‘‘employing or a complaint, is are deemed filed on the Compliance web site at www.compliance.gov. ƒ ≈ office’’ means: date of its their postmark or proof of mail- PROPOSED AMENDMENTS ing to the Office. Parties, including those ..... Subpart A—General Provisions using franked mail, are responsible for en- (4) the øCapitol Guide Service¿ Office of Con- suring that any mailed document bears a § 1.01 Scope and Policy gressional Accessibility Services, the United postmark date or other proof of the actual § 1.02 Definitions States Capitol Police, the Congressional date of mailing. In the absence of a legible § 1.03 Filing and Computation of Time Budget Office, the Office of the Architect of postmark a document will be deemed timely § 1.04 Availability of Official Information the Capitol, the Office of the Attending Phy- filed if it is received by the Office at Adams § 1.05 Designation of Representative sician, and the Office of Compliance; or Building, Room LA 200, 110 Second Street, § 1.06 Maintenance of Confidentiality (5) for the purposes stated in paragraph S.E., Washington, D.C. 20540–1999, by mail § 1.07 Breach of Confidentiality Provisions ø(q)¿ (r) of this section, the øGeneral Account- within five (5) days of the expiration of the § 1.01 Scope and Policy. ing¿ Government Accountability Office and applicable filing period. These rules of the Office of Compliance the Library of Congress (3) ƒFaxing Documents≈ By FAX. Documents govern the procedures for consideration and (j) Designated Representative. The term transmitted by FAX machine will be deemed resolution of alleged violations of the laws ‘‘designated representative’’ means an indi- filed on the date received at the Office at made applicable under Parts A, B, C, and D vidual, firm, or other entity designated in 202–426–1913, or ƒ, in the case of any document of title II of the Congressional Account- writing by a party to represent the interests to be filed or submitted to the General Counsel,≈ ability Act of 1995. The rules include defini- of that party in a matter filed with the Of- on the date received at the Office of the Gen- tions, procedures for counseling, mediation, fice. eral Counsel at 202–426–1663 if received by and for electing between filing a complaint ..... 11:59 p.m. Eastern Time. Faxed documents received after 11:59 p.m. Eastern Time will be with the Office of Compliance and filing a —Re-letter subsequent paragraphs— civil action in a district court of the United deemed filed the following business day. A ø(o)¿(p) General Counsel. The term ‘‘Gen- States under Part A of title II. The rules also FAX filing will be timely only if the docu- eral Counsel’’ means the General Counsel of address the procedures for compliance, inves- ment is received no later than ƒ5:00 PM≈ 11:59 the Office of Compliance and any authorized tigation and enforcement under Part B of p.m. Eastern Time on the last day of the ap- representative or designee of the General title II, øvariances¿ and for compliance, inves- plicable filing period. Any party using a FAX Counsel. tigation, øand¿ enforcement, and variance machine to file a document bears the respon- ø(p)¿(q) Hearing Officer. The term ‘‘Hearing under Part C of title II. The rules include sibility for ensuring both that the document Officer’’ means any individual ødesignated¿ øand¿ procedures for the conduct of hearings is timely and accurately transmitted and by the Executive Director to pre- held as a result of the filing of a complaint appointed confirming that the Office has received a fac- side over a hearing conducted on matters ƒ and for appeals to the Board of Directors of simile of the document. The party or indi- within the Office’s jurisdiction. the Office of Compliance from Hearing Offi- vidual filing the document may rely on its FAX ø(q)¿(r) Coverage of the øGeneral Accounting¿ cer decisions, as well as other matters of status report sheet to show that it filed the doc- Government Accountability Office and the Li- general applicability to the dispute resolu- ument in a timely manner, provided that the brary of Congress and their Employees. The tion process and to the operations of the Of- status report indicates the date of the FAX, the term ‘‘employing office’’ shall include the fice of Compliance. It is the policy of the Of- receiver’s FAX number, the number of pages in- øGeneral Accounting¿ Government Account- fice that these rules shall be applied with cluded in the FAX, and that transmission was ability Office and the Library of Congress, ≈ due regard to the rights of all parties and in completed. The time displayed as received by and the term ‘‘covered employee’’ shall in- a manner that expedites the resolution of the Office on its FAX status report will be clude employees of the øGeneral Accounting¿ disputes. used to show the time that the document was Government Accountability Office and the filed. When the Office serves a document by § 1.02 Definitions. Library of Congress, for purposes of the pro- FAX, the time displayed as sent by the Office Except as otherwise specifically provided ceedings and rulemakings described in sub- on its FAX status report will be used to show in these rules, for purposes of this Part: paragraphs (1) and (2): the time that the document was served. A

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.048 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5449 FAX filing cannot exceed 75 pages, inclusive mediation, requests for inspection under appropriate, upon motion or upon ƒits≈ their of table of contents, table of authorities, and OSH, unfair labor practice charges, charges own initiative,ƒshall≈ may impose ƒupon the attachments. Attachments exceeding 75 pages under titles II and III of the ADA, ƒone origi- person who signed it, a represented party, or must be submitted to the Office in person or nal and three copies of≈ all motions, briefs, re- both,≈ an appropriate sanction, which may by electronic delivery. The date of filing will sponses, and other documents must be filed include ƒan order to pay to the other party or be determined by the date the brief, motion, ƒ,whenever required,≈ with the Office ƒor parties the amount of the reasonable expenses response, or supporting memorandum is re- Hearing Officer≈. ƒHowever, when a party ag- incurred because of the filing of the pleading, ceived in the Office, rather than the date the grieved by the decision of a Hearing Officer or motion, or other filing, including a reasonable attachments, were received in the Office. a party to any other matter or determination re- attorney’s fee. A Hearing Officer or the Board, (4) By Electronic Mail. Documents trans- viewable by the Board files an appeal or other as appropriate, upon motion or its own initia- mitted electronically will be deemed filed on submission with the Board, one original and tive may also impose an appropriate sanction, the date received at the Office at seven copies of any submission and any re- which may include≈ the sanctions specified in [email protected], or on the date responses must be filed with the Office. The Of- section 7.02 ƒ, for any other violation of these ceived at the Office of the General Counsel at fice, Hearing Officer, or Board may also request rules that does not result from reasonable [email protected] if received by 11:59 a≈A party ƒto submit≈ may file an electronic error≈. ƒ ≈ p.m. Eastern Time. Documents received elec- version of any submission in a designated ƒ§ 1.04≈ § 1.06 Availability of Official Informa- tronically after 11:59 p.m. Eastern Time will format designated by the Executive Director, tion. be deemed filed the following business day. General Counsel, Hearing Officer, or Board, (a) Policy. It is the policy of the Board, the with receipt confirmed by electronic trans- An electronic filing will be timely only if the ƒOffice≈ Executive Director, and the General mittal in the same format. document is received no later than 11:59 p.m. Counsel, except as otherwise ordered by the Eastern Time on the last day of the applica- (b) Service. The parties shall serve on each other one copy of all motions, briefs, re- Board, to make available for public inspec- ble filing period. Any party filing a document tion and copying final decisions and orders of electronically bears the responsibility for en- sponses and other documents filed with the Office, other than the request for counseling, the Board and the Office, as specified and de- suring both that the document is timely and scribed in paragraph (d) below. accurately transmitted and for confirming the request for mediation and complaint...... that the Office has received the document. Service shall be made by mailing, by fax or The time displayed as received by the Office e-mailing, or by hand delivering a copy of the (c) Copies of Forms. Copies of blank forms will be used to show the time that the docu- motion, brief, response or other document to prescribed by the Office for the filing of comment has been filed. When the Office serves each party, or if represented, the party’s rep- plaints and other actions or requests may be a document electronically, the time displayed resentative, on the service list previously obtained from the Office or on line at as sent by the Office will be used to show the provided by the Office. Each of these docu- www.compliance.gov. time that the document was served. ments must be accompanied by a certificate ..... (b) Service by the Office. At its discretion, of service specifying how, when and on whom (f) Access by Committees of Congress. ƒAt the the Office may serve documents by mail, service was made. It shall be the duty of discretion of the Executive Director, the≈ The FAX, electronic transmission, or personal or each party to notify the Office and all other Executive Director, at his or her discretion, commercial delivery. parties in writing of any changes in the may provide to the Committee on Standards ƒ(b)≈(c) Computation of Time. All time peri- names or addresses on the service list. of Official Conduct of the House of Rep- ods in these rules that are stated in terms of ..... resentatives (House Committee on Ethics) days are calendar days unless otherwise (d) Size Limitations. Except as otherwise and the Select Committee on Ethics of the noted. However, when the period of time pre- specified ƒby the Hearing Officer, or these Senate (Senate Select Committee on Ethics) scribed is five (5) days or less, intermediate rules,≈ no brief, motion, response, or sup- access to the records of the hearings and de- Saturdays, Sundays, federal government porting memorandum filed with the Office cisions of the Hearing Officers and the holidays, and other full days that the Office shall exceed 35 double-spaced pages, ƒor 8,750 Board, including all written and oral testi- is officially closed for business shall be ex- words,≈ exclusive of the table of contents, mony in the possession of the Office. The cluded in the computation. To compute the table of authorities and attachments. The identifying information in these records may number of days for taking any action re- Board, the Executive Director, or Hearing Of- be redacted at the discretion of the Execu- quired or permitted under these rules, the ficer may ƒwaive, raise or reduce≈ modify this tive Director. The Executive Director shall first day shall be the day after the event limitation upon motion and for good cause not provide such access until the Executive from which the time period begins to run and shown; or on ƒits≈ their own initiative. Director has consulted with the individual the last day for filing or service shall be in- Briefs, motions, responses, and supporting filing the complaint at issue, and until a cluded in the computation. When the last memoranda shall be on standard letter-size final decision has been entered under section day falls on a Saturday, Sunday, ƒor≈ federal paper (8–1/2″ x 11″). To the extent that such a 405(g) or 406(e) of the Act. government holiday, or a day the Office is of- filing exceeds 35 double-spaced pages, the ƒ§ 1.05≈§ 1.07 Designation of Representative. the last day for taking the ac- ficially closed, Hearing Officer, Board, or Executive Director (a) ƒAn employee, other charging individual tion shall be the next regular federal govern- may, in their discretion, reject the filing in or≈ A party ƒa witness, a labor organization, ment workday. whole or in part, and may provide the parties an employing office, or an entity alleged to be ƒ(c)≈ Time Allowances for Mailing, (d) Fax, or an opportunity to refile. responsible for correcting a violation≈ wishing of Official Notices. When- Electronic Delivery ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions to be represented ƒby another individual,≈ ever a person or party has the right or is re- and Other Filings; Violation of Rules; Sanc- must file with the Office a written notice of quired to do some act within a prescribed pe- tions. designation of representative. No more than riod after the service of a notice or other (a) Signing. Every pleading, motion, and one representative, ƒor≈ firm, or other entity document upon him or her and the notice or other filing of a party represented by an at- may be designated as representative for a document is served by ƒregular, first- torney or other designated representative party, unless approved in writing by the class≈ mail, five (5) days shall be added to shall be signed by the attorney or represent- Hearing Officer or Executive Director. The the prescribed period. ƒOnly two (2) days shall ative. A party who is not represented shall representative may be, but is not required to be added if a document is served by express mail sign the pleading, motion or other filing. In be, an attorney. If the representative is an or other form of expedited delivery.≈ When doc- the case of an electronic filing, an electronic attorney, he or she may sign the designation uments are served by certified mail, return signature is acceptable. The signature of a of representative on behalf of the party. receipt requested, the prescribed period shall representative or party constitutes a certifi- (b) Service Where There is a Representative. be calculated from the date of receipt as evi- cate by the signer that the signer has read ƒAll service≈ Service of documents shall be denced by the return receipt. When docu- the pleading, motion, or other filing; that to ƒdirected to≈ on the representative unless ments are served electronically or by FAX, the best of the signer’s knowledge, informa- and until such time as the represented ƒindi- the prescribed period shall be calculated tion, and belief formed after reasonable in- vidual, labor organization, or employing office≈ from the date of transmission by the Office. quiry, it is well grounded in fact and is war- party or representative, with notice to the ƒ(d) Service or filing of documents by certified ranted by existing law or a good faith argu- party, ƒspecifies otherwise and until such time mail, return receipt requested. Whenever these ment for the extension, modification, or re- as that individual, labor organization, or em- rules permit or require service or filing of docu- versal of existing law, and that it is not ploying office≈ notifies the Executive Direc- ments by certified mail, return receipt requested, interposed for any improper purpose, such as tor, in writing, of ƒan amendment≈ a modi- such documents may also be served or filed by to harass or to cause unnecessary delay or fication or revocation of the designation of express mail or other forms of expedited delivery needless increase in the cost of litigation. representative. Where a designation of rep- in which proof of date of receipt by the ad- ≈ (b) Sanctions. If a pleading, motion, or resentative is in effect, all time limitations dressee is provided. other filing is not signed, it shall be stricken for receipt of materials ƒby the represented ƒ§ 9.01≈ § 1.04 Filing, Service, and Size Limi- unless it is signed promptly after the omis- individual or entity≈ shall be computed in the tations of Motions, Briefs, Responses and sion is called to the attention of the person same manner as for those who are unrepre- Other Documents. who is required to sign. If a pleading, mo- sented ƒindividuals or entities≈, with service (a) Filing with the Office; Number and For- tion, or other filing is signed in violation of of the documents, however, directed to the mat. One copy of requests for counseling and this rule, a Hearing Officer or the Board, as representativeƒ, as provided≈.

VerDate Mar 15 2010 08:46 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.050 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5450 CONGRESSIONAL RECORD — SENATE September 9, 2014 (c) Revocation of a Designation of Rep- strictly confidential, except that the Office and leged violation occurred in the context of Board resentative. A revocation of a designation of a covered employee may agree to notify the em- proceedings. Upon a finding of a violation of representative, whether made by the party or ploying office of the allegations. Section 416(b) the confidentiality provisions, the Hearing Offi- by the representative with notice to the provides that all mediation shall be strictly con- cer, after notice and hearing, may impose an ap- party, must be made in writing and filed with fidential. Section 416(c) provides that all pro- propriate sanction, which may include any of the Office. The revocation will be deemed ef- ceedings and deliberations of Hearing Officers the sanctions listed in section 7.02 of these rules, fective the date of receipt by the Office. At and the Board, including any related records as well as any of the following: the discretion of the Executive Director, Gen- shall be confidential, except for release of (1) an order that the matters regarding which eral Counsel, mediator, hearing officer, or records necessary for judicial actions, access by the violation occurred or any other designated Board, additional time may be provided to certain committees of Congress, and, in accord- facts shall be taken to be established against the allow the party to designate a new represent- ance with section 416(f), publication of certain violating party for the purposes of the action in ative as consistent with the Act. final decisions. Section 416(c) does not apply to accordance with the claim of the other party; ƒ§ 1.06≈ § 1.08 ƒMaintenance of≈ Confiden- proceedings under section 215 of the Act, but (2) an order refusing to allow the violating tiality. does apply to the deliberations of Hearing Offi- party to support or oppose designated claims or (a) Policy.ƒIn accord with section 416 of the cers and the Board under section 215. See also defenses, or prohibiting him from introducing Act, it is the policy of≈ Except as provided in sections 1.06, 5.04, and 7.12 of these rules. designated matters in evidence; sections 416(d), (e), and (f) of the Act, the Of- (b) Prohibition. Unless specifically authorized (3) an order striking out pleadings or parts fice ƒto≈ shall maintain ƒ, to the fullest extent by the provisions of the CAA or by order of the thereof, or staying further proceedings until the possible, the≈ confidentiality in counseling, Board, the Hearing Officer or a court, or by the order is obeyed, or dismissing with or without mediation, and ƒof≈ the proceedings and de- procedural rules of the Office, no participant in prejudice the action or proceedings or any part liberations of hearing officers and the Board counseling, mediation or other proceedings made thereof, or rendering a judgment by default in accordance with sections 416(a),(b), and (c) confidential under section 416 of the CAA against the violating party; of the Act. ƒof the participants in proceedings (‘‘confidential proceedings’’) may disclose the (4) in lieu of any of the foregoing orders or in conducted under sections 402, 403, 405 and 406 of contents or records of those proceedings to any addition thereto, the Hearing Officer shall re- the Act and these rules.≈ person or entity, Nothing in these rules pro- quire the party violating the confidentiality pro- (b)ƒAt the time that any individual, employ- hibits a bona fide representative of a party visions or the representative advising him, or ing office or party, including a designated rep- under section 1.05 from engaging in communica- both, to pay, at such time as ordered by the resentative, becomes a participant in counseling tions with that party for the purpose of partici- Hearing Officer, the reasonable expenses, in- under section 402, mediation under section 403, pation in the proceedings, provided that such cluding attorney fees, caused by the violation, the complaint and hearing process under section disclosure is not made in the presence of individ- unless the Hearing Officer finds that the failure 405, or an appeal to the Board under section 406 uals not reasonably necessary to the representa- was substantially justified or that other cir- of the Act, or any related proceeding, the Office tive’s representation of that party. Moreover, cumstances make an award of expenses unjust. will advise the participant of the confidentiality nothing in these rules prohibits a party or its Such an order shall be subject to review on ap- requirements of section 416 of the Act and these representative from disclosing information ob- peal of the final decision of the Hearing Officer rules and that sanctions may be imposed for a tained in confidential proceedings for the lim- under section 406 of the Act. No sanctions may violation of those requirements.≈ Participant. ited purposes of investigating claims, ensuring be imposed under this section except for good For the purposes of this rule, participant compliance with the Act or preparing its pros- cause and the particulars of which must be stat- means an individual or entity who takes part ecution or defense, to the extent that such dis- ed in the sanction order.≈ as either a party, witness, or designated rep- closure is reasonably necessary to accomplish Subpart B—Pre-Complaint Procedures Appli- resentative in counseling under Section 402 the aforementioned purposes and provided that cable to Consideration of Alleged Viola- of the Act, mediation under section 403, the the party making the disclosure takes all rea- complaint and hearing process under section tions of Part A of Title II of the Congres- sonably appropriate steps to ensure that persons sional Accountability Act of 1995 405, or an appeal to the Board under Section to whom the information is disclosed maintain 406 of the Act, or any related proceeding the confidentiality of such information. § 2.01 Matters Covered by Subpart B which is expressly or by necessity deemed (c) Participant. For the purposes of this rule, § 2.02 Requests for Advice and Information confidential under the Act or these rules. participant means any individual or party, in- § 2.03 Counseling (c) Prohibition. Unless specifically author- cluding a designated representative, that be- § 2.04 Mediation ized by the provisions of the Act or by these comes a participant in counseling under section § 2.05 Election of Proceedings rules, no participant in counseling, mediation 402, mediation under section 403, the complaint § 2.06 Filing of Civil Action or other proceedings made confidential and hearing process under section 405, or an ap- § 2.01 Matters Covered by Subpart B. under Section 416 of the Act (‘‘confidential peal to the Board under section 406 of the Act, (a) These rules govern the processing of proceedings’’) may disclose a written or oral or any related proceeding which is expressly or any allegation that sections 201 through 206 communication that is prepared for the pur- by necessity deemed confidential under the Act of the Act have been violated and any allega- pose of or that occurs during counseling, me- or these rules. tion of intimidation or reprisal prohibited diation, and the proceedings and delibera- (d) Contents or Records of Confidential Pro- tions of hearing officers and the Board. under section 207 of the Act. Sections 201 ceedings. For the purpose of this rule, the con- (d) Exceptions. Nothing in these rules pro- through 206 of the Act apply to covered em- hibits a party or its representative from dis- tents or records of counseling, mediation or ployees and employing offices certain rights closing information obtained in confidential other proceeding includes information disclosed and protections of the following laws: proceedings when reasonably necessary to by participants to the proceedings, and records ..... disclosed by either the opposing party, witnesses investigate claims, ensure compliance with (10) Chapter 35 (relating to veteran’s pref- or the Office. A participant is free to disclose the Act or prepare its prosecution or defense. erence) of title 5, United States Code facts and other information obtained from any However, the party making the disclosure (11) Genetic Information Nondiscrimina- source outside of the confidential proceedings. shall take all reasonably appropriate steps to tion Act of 2008. ensure that persons to whom the information For example, an employing office or its rep- (b) This subpart applies to the covered em- is disclosed maintain the confidentiality of resentatives may disclose information about its ployees and employing offices as defined in such information. These rules do not pre- employment practices and personnel actions, section 1.02(b) and (h) of these rules and any clude a mediator from consulting with the provided that the information was not obtained activities within the coverage of sections 201 Office, except that when the covered em- in a confidential proceeding. However, an em- through 206(a) and 207 of the Act and ref- ployee is an employee of the Office a medi- ployee who obtains that information in medi- erenced above in section 2.01(a) of these ator shall not consult with any individual ation or other confidential proceeding may not rules. within the Office who might be a party or disclose such information. Similarly, informa- ***** witness. These rules do not preclude the Of- tion forming the basis for the allegation of a fice from reporting statistical information to complaining employee may be disclosed by that § 2.03 Counseling. the Senate and House of Representatives. employee, provided that the information con- (a) Initiating a Proceeding; Formal Request (e) Waiver. Participants may agree to waive tained in those allegations was not obtained in for Counseling. ƒIn order≈ To initiate a pro- confidentiality. Such a waiver must be in a confidential proceeding. However, the employ- ceeding under these rules regarding an al- writing and provided to the Office. ing office or its representatives may not disclose leged violation of the Act, as referred to in (f) Sanctions. The Office will advise the that information if it was obtained a confiden- section 2.01(a), above, an employee shall file participants of the confidentiality require- tial proceeding. a written request for counseling with the Of- ments of Section 416 of the Act and that sanc- (e) Violation of Confidentiality. Any com- ficeƒ≈. øregarding an alleged violation of the tions may be imposed by the Hearing Officer plaint regarding a violation of the confiden- Act, as referred to in section 2.01(a), above.¿ for a violation of those requirements. No tiality provisions must be made to the Executive The written formal request for counseling sanctions may be imposed except for good Director no later than 30 days after the date of should be on an official form provided by the cause and the particulars of which must be the alleged violation. Such complaints may be Office and can be found on the Office’s stated in the sanction order. referred by the Executive Director to a Hearing website at www.compliance.gov. ƒAll requests ƒ§ 1.07 Breach of Confidentiality Provisions. Officer. The Hearing Officer is also authorized for counseling shall be confidential, unless the (a) In General. Section 416(a) of the CAA pro- to initiate proceedings on his or her own initia- employee agrees to waive his or her right to con- vides that counseling under section 402 shall be tive, or at the direction of the Board, if the al- fidentiality under section 2.03(e)(2), below.≈

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.051 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5451 (b) Who May Request Counseling. A covered ning on the date that the request for coun- employee use an ƒgrievance≈ internal proce- employee who, in good faith, believes that he seling is ƒreceived by the Office≈ filed by the dure of the Architect of the Capitol or of the or she has been or is the subject of a viola- employee in accordance with section 1.03(a) Capitol Police, as appropriate, for a period tion of the Act as referred to in section of these rules, unless the employee requests generally up to 90 days, unless the Executive 2.01(a) may formally request counseling. in writing on a form provided by the Office Director determines, in writing, that a longer ..... to reduce the period and the ƒOffice≈ Execu- period is appropriate ƒfor resolution of the em- tive Director agrees ƒto reduce the period≈. ployee’s complaint through the grievance proce- (d) ƒPurpose≈ Overview of the Counseling Pe- ƒ(h)≈ (j) Role of Counselor in Attempting In- dures of the Architect of the Capitol or the Cap- riod. The Office will maintain strict confiden- formal Resolution. In order to attempt to re- itol Police≈. The Once the employee notifies the tiality throughout the counseling period. solve the matter brought to the attention of ƒpurpose of the≈ counseling period ƒshall≈ Office that he or she is using the internal the counselor, the counselor must obtain a be : to discuss the employee’s procedure, the employee shall provide a should used waiver of confidentiality pursuant to section concerns and elicit information regarding waiver of confidentiality to allow the Execu- 2.03(e)(2) of these rules. If the employee exe- the matter(s) which the employee believes tive Director to notify the Architect of the cutes such a waiver, the counselor may: Capitol or the Capitol Police that the em- constitute a violation(s) of the Act; to advise (1) conduct a limited inquiry for the pur- the employee of his or her rights and respon- ployee will be using the internal procedure. pose of obtaining any information necessary (ii) The period during which the matter is sibilities under the Act and the procedures of to attempt an informal resolution or formal pending in the internal procedure shall not the Office under these rules; to evaluate the settlement; count against the time available for coun- matter; and to assist the employee in achiev- (2) reduce to writing any formal settlement seling or mediation under the Act. ing an early resolution of the matter, if pos- achieved and secure the signatures of the (iii) If the dispute is resolved to the em- sible. employee, his or her representative, if any, ployee’s satisfaction, the employee shall so (e) Confidentiality and Waiver. and a member of the employing office who is notify the Office within 20 days after the em- (1) Absent a waiver under paragraph 2, authorized to enter into a settlement on the ployee has been served with a final decision. below, all counseling shall be kept strictly employing office’s behalf; and, pursuant to ƒ(ii)≈ (iv) After ƒhaving contacted the Office confidential and shall not be subject to dis- section 414 of the Act and section 9.05 of and having utilized≈ using the ƒ grievance≈ in- covery. All participants in counseling shall these rules, seek the approval of the Execu- ternal procedures ƒof the Architect of the Cap- be advised of the requirement for confiden- tive Director. Nothing in this subsection, itol or of the Capitol Police≈, the employee tiality and that disclosure of information however, precludes the employee, the em- may notify the Office that he or she wishes deemed confidential could result in sanctions ploying office or their representatives from to return to the procedures under these later in the proceedings. Nothing in these reducing to writing any formal settlement. rules: rules shall prevent a counselor from con- (k) Duty to Proceed. An employee who initi- (A) within 60 days after the expiration of sulting with personnel within the Office con- ates a proceeding under this part shall be re- the period recommended by the Executive cerning a matter in counseling, except that, sponsible at all times for proceeding, regard- Director, or longer if the Executive Director when the person being counseled is an em- less of whether he or she has designated a has extended the time period, if the matter ployee of the Office, the counselor shall not representative, and shall notify the Office in has not resulted in a final decision or a deci- consult with any individual within the Office writing of any change in pertinent contact sion not to proceed; or who might be a party or witness without the information, such as address, e-mail, fax (B) within 20 days after service of a final consent of the person requesting counseling. number, etc. An employee, however, may decision or a decision not to proceed, result- Nothing contained in these rules shall pre- withdraw from counseling once without prej- ing from the ƒgrievance≈ internal procedures vent the Executive Director from compiling udice to the employee’s right to reinstate ƒof the Architect of the Capitol or of the Capitol and publishing statistical information such counseling regarding the same matter, pro- Police Board.≈ as that required by Section 301(h)(3) of the vided that the request to reinstate coun- ƒ(iii) The period during which the matter is Act. ƒso long as that statistical information seling must be in writing and is ƒreceived in≈ pending in the internal grievance procedure does not reveal the identity of the employees in- filed with the Office not later than 180 days shall not count against the time available for volved or of employing offices that are the sub- after the date of the alleged violation of the counseling or mediation under the Act. If the ject of a request for counseling.≈ Act and that counseling on a single matter grievance is resolved to the employee’s satisfac- (2) The employee and the Office may agree will not last longer than a total of 30 days. tion, the employee shall so notify the Office to waive confidentiality ƒof≈ during the (l) Conclusion of the Counseling Period and within 20 days after the employee has received counseling process for the limited purpose of Notice. The Executive Director shall notify service of the final decision resulting from the allowing the Office ƒcontacting the employing the employee in writing of the end of the grievance procedure. If no request to return to office≈ to ƒobtain information≈ notify the em- counseling periodƒ,≈ by ƒcertified mail, return the procedures under these rules is received ploying office of the allegations.ƒto be used in receipt requested,≈ first class mail, ƒor by≈ within 60 days after the expiration of the period counseling the employee or to attempt a resolu- personal delivery evidenced by a written re- recommended by the Executive Director the Of- tion of any disputed matter(s).≈ Such a limited ceipt, or electronic transmission. The Execu- fice will issue a Notice of End of Counseling, as waiver must be written on the form supplied tive Director, as part of the notification of specified in section 2.04(i) of these Rules.≈ by the Office and signed by both the coun- the end of the counseling period, shall in- (v) If a request to return to counseling is selor and the employee. form the employee of the right and obliga- not made by the employee within the time ..... tion, should the employee choose to pursue periods outlined above, the Office will issue a (g) Role of Counselor ƒin Defining Concerns≈. his or her claim, to file with the Office a re- Notice of the End of Counseling. (2) Notice to Employees who Have Not Ini- The counselor ƒmay≈ shall: quest for mediation within 15 days after re- tiated Counseling with the Office. When an (1) obtain the name, home and office mail- ceipt by the employee of the notice of the employee of the Architect of the Capitol or ing and e-mail addresses, and home and of- end of the counseling period. the Capitol Police raises in the internal pro- fice telephone numbers of the person being (m) Employees of the Office of the Architect cedures of the Architect of the Capitol or of counseled; of the Capitol and Capitol Police. (1) Where an employee of the Office of the the Capitol Police ƒBoard≈ an allegation (2) obtain the name and title of the per- Architect of the Capitol or of the Capitol Po- which may also be raised under the proce- son(s) whom the employee claims has en- lice requests counseling under the Act and dures set forth in this subpart, the Architect gaged in a violation of the Act, e-mail ad- these rules, the Executive Director, in his or of the Capitol or the Capitol Police ƒBoard dress, if known, and the employing office in , may recommend that the should≈ which this person(s) works; her sole discretion shall, in accordance with the MOU employee use the ƒgrievance≈ internal proce- with the Office, advise the employee in writ- ..... dures of the Architect of the Capitol or the ing that a request for counseling about the (5) obtain the name, business and e-mail Capitol Police pursuant to a Memorandum of allegation must be initiated with the Office addresses, and telephone number of the em- Understanding (MOU) between the Architect within 180 days after the alleged violation of ployee’s representative, if any, and whether of the Capitol and the Office or the Capitol law occurred if the employee intends to use the representative is an attorney. Police and the Office addressing certain pro- the procedures of the Office. ƒ(i)¿(h)Counselor Not a Representative. The cedural and notification requirements. The (3) Notice in Final Decisions when Employ- counselor shall inform the person being term ‘‘ƒgrievance≈ internal procedure(s)’’ re- ees Have Not Initiated Counseling with the counseled that the counselor does not rep- fers to any internal procedure of the Archi- Office. When an employee raises in the inter- resent either the employing office or the em- tect of the Capitol and the Capitol Police, in- nal procedures of the Architect of the Cap- ployee. The counselor provides information cluding grievance procedures referred to in itol or of the Capitol Police ƒBoard≈ an alle- regarding the Act and the Office and may act section 401 of the Act, that can provide a res- gation which may also be raised under the as a third-party intermediary with the goals olution of the matter(s) about which coun- procedures set forth in this subpart, any of increasing the individual’s understanding seling was requested. Pursuant to section 401 ƒfinal≈ decision issued ƒpursuant to the proce- of his or her rights and responsibilities under of the Act when the Executive Director dures of the Architect of the Capitol or of the the Act and of promoting the early resolu- makes such a recommendation, the following Capitol Police Board should≈ under such pro- tion of the matter. procedures shall apply: cedure, shall, pursuant to the MOU with the ƒ(j)≈ (i) Duration of Counseling Period. The (i) The Executive Director shall rec- Office, include notice to the employee of his period for counseling shall be 30 days, begin- ommend in writing to the employee that the or her right to initiate the procedures under

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.053 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5452 CONGRESSIONAL RECORD — SENATE September 9, 2014 these rules within 180 days after the alleged the parties expect to conclude their discus- maintain the independence of the mediation violation occurred. sions. Requests for additional extensions process and the ƒneutral≈ mediator. No indi- (4) Notice in Final Decisions when There may be made in the same manner. Approval vidual, who is appointed by the Executive Has Been a Recommendation by the Execu- of any extensions shall be within the sole Director to mediate, may conduct or aid in a tive Director. When the Executive Director discretion of the ƒOffice≈ Executive Director. hearing conducted under section 405 of the has made a recommendation under para- (f) Procedures. Act with respect to the same matter or shall graph 1 above, the Architect of the Capitol (1) The ƒNeutral’s≈ Mediator’s Role. After be subject to subpoena or any other compul- ƒ ≈ or the Capitol Police ƒBoard should≈ shall, assignment of the case, the neutral medi- sory process with respect to the same mat- pursuant to the MOU with the Office, include ator will promptly contact the parties. The ter. with the final decision notice to the em- ƒneutral≈ mediator has the responsibility to ƒ(k) Confidentiality. Except as necessary to ployee of his or her right to resume the pro- conduct the mediation, including deciding consult with the parties, the parties’ their coun- cedures under these rules within 20 days how many meetings are necessary and who sel or other designated representatives, the par- ƒ after service on the employee of the final de- may participate in each meeting. The neu- ties to, the mediation, the neutral and the Office ≈ cision and shall transmit a copy of the final tral mediator may accept and may ask the shall not disclose, in whole or in part, any indecision, settlement agreement, or other parties to provide written submissions. formation or records obtained through, or pre- (2) The Agreement to Mediate. At the com- final disposition of the case to the Executive pared specifically for, the mediation process. mencement of the mediation, the ƒneutral≈ Director. This rule shall not preclude a neutral from con- mediator will ask the ƒparties≈ participants sulting with the Office, except that when the § 2.04 Mediation. and/or their representatives to sign an agree- covered employee is an employee of the Office a ƒ ¿ (a) Explanation Overview. Mediation is a ment prepared by the Office (‘‘the Agree- neutral shall not consult with any individual process in which employees, employing of- ment to Mediate’’). The Agreement to Medi- within the Office who might be a party or wit- fices and their representatives, if any, meet ate will define what is to be kept confidential ness. This rule shall also not preclude the Office ƒ ≈ separately and/or jointly with a neutral during mediation and set out the conditions from reporting statistical information to the mediator trained to assist them in resolving under which mediation will occur, including Senate and House of Representatives that does ƒ ≈ disputes. As parties to participants in the the requirement that the participants adhere not reveal the identity of the employees or em- mediation, employees, employing offices, to the confidentiality of the process and a ploying offices involved in the mediation. All and their representatives discuss alter- notice that a breach of the mediation agree- parties to the action and their representatives natives to continuing their dispute, includ- ment could result in sanctions later in the will be advised of the confidentiality require- ing the possibility of reaching a voluntary, proceedings. The Agreement to Mediate will ments of this process and of the sanctions that ƒ mutually satisfactory resolution. The neu- also provide that the parties to the medi- might be imposed for violating these require- tral≈ mediator has no power to impose a spe- ation will not seek to have the counselor or ≈ ƒ ≈ ments. cific resolution, and the mediation process, the neutral mediator participate, testify or (k) Violation of Confidentiality in Medi- whether or not a resolution is reached, is otherwise present evidence in any subse- ation. An allegation regarding a violation of strictly confidential, pursuant to section 416 quent administrative action under section the confidentiality provisions may be made of the Act. 405 or any civil action under section 408 of by a party in a mediation to the mediator (b) Initiation. Not more than 15 days after the Act or any other proceeding. during the mediation period and, if not re- (g) Who May Participate. The covered em- receipt by the employee of the notice of the solved by agreement in mediation, to a Hear- ployeeƒ,≈ and the employing office ƒ, their conclusion of the counseling period under ing Officer during proceedings brought respective representatives, and the Office may section 2.03(l), the employee may file with under Section 405 of the Act. meet, jointly or separately, with the neutral. A the Office a written request for mediation...... Except to provide for the services of a medi- representative of the employee and a representa- § 2.05 Election of Proceeding. ator and notice to the employing office, the tive of the employing who has actual authority invocation of mediation shall be kept con- to agree to a settlement agreement on behalf of (a) Pursuant to section 404 of the Act, not fidential by the Office. The request for medi- the employee or the employing office, as the case later than 90 days after a covered employee ation shall contain the employee’s name, may be, must be present at the mediation or receives notice of the end of mediation under home and e-mail addresses, ƒand≈ telephone must be immediately accessible by telephone section 2.04(i) of these rules but no sooner ≈ number, and the name of the employing of- during the mediation . may elect to partici- than 30 days after that date, the covered em- fice that is the subject of the request. Fail- pate in mediation proceedings through a des- ployee may either: ure to request mediation within the pre- ignated representative, provided, that the ..... scribed period ƒwill≈ may preclude the em- representative has actual authority to agree (2) file a civil action in accordance with ployee’s further pursuit of his or her claim. to a settlement agreement or has immediate section 408 of the Act and section 2.06 2.07, If a request for mediation is not filed within access by telephone to someone with actual below in the United States ƒDistrict Court≈ 15 days of receipt of a Notice of the End of settlement authority, and provided further, district court for the district in which the Counseling, without good cause shown, the that should the mediator deem it appropriate employee is employed or for the District of at any time, the physical presence in medi- case will be closed and the employee will be Columbia. ation of any party may be required. The Of- so notified. (b) A covered employee who files a civil ac- fice may participate in the mediation process tion pursuant to section ƒ2.06≈ ..... 408 of the Act through a representative and/or observer. and section 2.07 below, may not thereafter ƒ ≈ (d) Selection of Neutrals Mediators; Dis- The mediator will determine, as best serves file a complaint under section 405 of the Act qualification. Upon receipt of the request for the interests of mediation, whether the par- and section 5.01 below on the same matter. mediation, the Executive Director shall as- ticipants may meet jointly or separately with § 2.06 Certification of the Official Record sign one or more ƒneutrals≈ mediators to the mediator. commence the mediation process. In the (h) Informal Resolutions and Settlement (a) Certification of the Official Record shall event that a ƒneutral≈ mediator considers Agreements. At any time during mediation contain the date the Request for Counseling him or herself unable to perform in a neutral the parties may resolve or settle a dispute in was made; the date and method of delivery role in a given situation, he or she shall accordance with section ƒ9.05≈ 9.03 of these the Notification of End of Counseling Period withdraw from the matter and immediately rules. was sent to the complainant; the date the No- shall notify the Office of the withdrawal. (i) Conclusion of the Mediation Period and tice was deemed by the Office to have been Any party may ask the Office to disqualify a Notice. If, at the end of the mediation period, received by the complainant; the date the Re- ƒneutral≈ mediator by filing a written re- the parties have not resolved the matter quest for Mediation was filed; the date and quest, including the reasons for such request, that forms the basis of the request for medi- method of delivery the Notification of End of with the Executive Director. This request ation, the Office shall provide the employee, Mediation Period was sent to the complain- shall be filed as soon as the party has reason and the employing office, and their rep- ant; and the date the Notice was deemed by to believe there is a basis for disqualifica- resentatives, with written notice that the the Office to have been received by the com- tion. The Executive Director’s decision on mediation period has concluded. The written plainant. ƒ ≈ ƒ this request shall be final and unreviewable. notice to the employee will be sent by cer- (b) At any time after a complaint has been ≈ (e) Duration and Extension. tified mail, return receipt requested, or will be filed with the Office in accordance with sec- personally delivered evidenced by a written tion 405 of the Act and the procedure set out ..... receipt, or sent by first class mail, e-mail, or in section 5.01, below; or a civil action filed (2) The ƒOffice≈ Executive Director may ex- fax. ƒ, and it≈ The notice will specify the in accordance with section 408 of the Act and tend the mediation period upon the joint mode of delivery and also ƒnotify≈ provide section 2.07 below in the United States dis- written request of the parties, or of the ap- information about the employee’s ƒof his or trict court, a party may request and receive pointed mediator on behalf of the partiesƒ, to her≈ right to elect to file a complaint with from the Office Certification of the Official the attention of the Executive Director≈. The the Office in accordance with section 405 of Record. request shall be written and filed with the the Act and section 5.01 of these rules or to (c) Certification of the Official Record will ƒOffice≈ Executive Director no later than the file a civil action pursuant to section 408 of not be provided until after a complaint has last day of the mediation period. The request the Act and section ƒ2.06≈ 2.07 of these rules. been filed with the Office or the Office has shall set forth the joint nature of the request (j) Independence of the Mediation Process been notified that a civil action has been and the reasons therefore, and specify when and the ƒNeutral≈ Mediator. The Office will filed in district court.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.054 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5453 § ƒ2.06≈ 2.07 Filing of Civil Action. (1) Any person who believes that a viola- ular business hours or where special prep- ..... tion of section 210 of the CAA exists in any arations are necessary for an inspection; (2) where necessary to assure the presence (c) Communication Regarding Civil Actions facility of a covered entity may request an in- of representatives of the covered entity and Filed with District Court. The party filing any spection of such facility by giving notice of employees or the appropriate personnel civil action with the United States District the alleged violation to the General Counsel. needed to aid in the inspection; and Court pursuant to sections 404(2) and 408 of Any such notice shall be reduced to writing on a form available from the Office, shall set (3) in other circumstances where the Gen- the Act shall provide a written notice to the eral Counsel determines that the giving of Office that the party has filed a civil action, forth with reasonable particularity the grounds for the notice, and shall be signed by advance notice would enhance the prob- specifying the district court in which the ability of an effective and thorough inspec- civil action was filed and the case number. the person or the representative of the person. A copy shall be provided to the covered tion. Failure to notify the Office that such action entity or its agent by the General Counsel or (b) In the situations described in para- has been filed may result in delay in the the General Counsel’s designee no later than graph (a) of this section, advance notice of preparation and receipt of the Certification at the time of inspection, except that, upon inspections may be given only if authorized of the Official Record. the written request of the person giving such by the General Counsel or by the General Counsel’s designee. Subpart C—Compliance, Investigation, and notice, his or her name and the names of in- Enforcement under Section 210 of the CAA dividual employees referred to therein shall § 3.07 Conduct of Inspections. (ADA Public Services)—Inspections and not appear in such copy or on any record (a) Subject to the provisions of section 3.02, Complaints published, released, or made available by the inspections shall take place at such times § 3.01 Purpose and Scope General Counsel. If the person making the re- and in such places of employment as the Gen- § 3.02 Authority for Inspection quest is a qualified individual with a dis- eral Counsel may direct. At the beginning of § 3.03 Request for Inspections by Members of ability, as defined by section 201(2) of the an inspection, the General Counsel’s designee the Public Americans with Disabilities Act of 1990 (ADA) shall present his or her credentials to the op- § 3.04 Objection to Inspection (42 U.S.C. 12131(2)), the request for inspec- erator of the facility or the management em- § 3.05 Entry Not a Waiver tion shall be considered a charge of discrimi- ployee in charge at the facility to be in- § 3.06 Advance Notice of Inspection nation within the meaning of section spected; explain the nature and purpose of § 3.07 Conduct of Inspections 210(d)(1) of the CAA. the inspection; and indicate generally the § 3.08 Representatives of Covered Entities (2) If upon receipt of such notification the scope of the inspection and the records speci- § 3.09 Consultation with Individuals with General Counsel’s designee determines that fied in section 3.02 which he or she wishes to Disabilities the notice meets the requirements set forth review. However, such designation of records § 3.10 Inspection Not Warranted; Informal in subparagraph (1) of this section, and that shall not preclude access to additional Review there are reasonable grounds to believe that records specified in section 3.02. § 3.11 Charge filed with the General Counsel the alleged violation exists, he or she shall (b) The General Counsel’s designee shall § 3.12 Service of charge or notice of charge cause an inspection to be made as soon as have authority to take or obtain photographs § 3.13 Investigations by the General Counsel practicable, to determine if such alleged vio- related to the purpose of the inspection, em- § 3.14 Mediation lation exists. Inspections under this section ploy other reasonable investigative techniques, and question privately, any covered § 3.15 Dismissal of charge shall not be limited to matters referred to in entity, operator, agent or employee of a cov- § 3.16 Complaint by the General Counsel the notice. ered facility. As used herein, the term ‘‘em- § 3.17 Settlement (3) Prior to or during any inspection of a ploy other reasonable investigative tech- facility, any person may notify the General § 3.18 Compliance date niques’’ includes, but is not limited to, the Counsel’s designee, in writing, of any viola- § 3.01 Purpose and Scope. use of measuring devices, testing equipment, tion of section 210 of the CAA which he or The purpose of sections 3.01 through 3.18 of or other equipment used to assess accessi- she has reason to believe exists in such facil- this subpart is to prescribe rules and proce- bility or compliance with the ADA Standards. dures for enforcement of the inspection and ity. Any such notice shall comply with the re- (c) In taking photographs and samples, the complaint provisions of sections 210(d) and quirements of subparagraph (1) of this sec- General Counsel’s designees shall take rea- (f) of the CAA. For the purpose of sections tion. sonable precautions to insure that such ac- 3.01 through 3.18, references to the ‘‘General (b) By Covered Entities. Upon written re- tions with flash, spark-producing, or other Counsel’’ include any authorized representa- quest of any covered entity, the General equipment would not be hazardous. The Gen- tive of the General Counsel. In situations Counsel or the General Counsel’s designee eral Counsel’s designees shall comply with all where sections 3.01 through 3.18 set forth shall inspect and investigate facilities of cov- employing office safety and health rules and general enforcement policies rather than ered entities under section 210(d) of the CAA. practices at the workplace or location being substantive or procedural rules, such policies Any such requests shall be reduced to writ- inspected, and they shall wear and use ap- may be modified in specific circumstances ing on a form available from the Office. propriate protective clothing and equipment. where the General Counsel or the General § 3.04 Objection to Inspection. (d) The conduct of inspections shall be such Counsel’s designee determines that an alter- Upon a refusal to permit the General Coun- as to preclude unreasonable disruption of the native course of action would better serve sel’s designee, in exercise of his or her offi- operations of the covered entity. the objectives of section 210 of the CAA. cial duties, to enter without delay and at rea- (e) At the conclusion of an inspection, the General Counsel’s designee shall confer with § 3.02 Authority for Inspection. sonable times any place of employment or any place therein, to inspect, to review the covered entity or its representative and (a) Under section 210(f)(1) of the CAA, the informally advise it of any apparent ADA vio- General Counsel is authorized to enter with- records, or to question any covered entity, operator, agent, or employee, in accordance lations disclosed by the inspection. During out delay and at reasonable times any facility such conference, the employing office shall of any entity listed in section 210(a) (‘‘cov- with section 3.02 or to permit a representative of employees to accompany the General be afforded an opportunity to bring to the at- ered entities’’), to inspect and investigate tention of the General Counsel’s designee any during regular working hours and at other Counsel’s designee during the physical inspection of any facility in accordance with pertinent information regarding accessibility reasonable times, and within reasonable lim- in the facility. its and in a reasonable manner, any facility, section 3.07, the General Counsel’s designee shall terminate the inspection or confine the (f) Inspections shall be conducted in ac- and all pertinent conditions, structures, ma- cordance with the requirements of this sub- chines, apparatus, devices, equipment and inspection to other areas, conditions, structures, machines, apparatus, devices, equip- part. materials therein; to question privately any § 3.08 Representatives of Covered Entities. covered entity, employee, operator, or agent; ment, materials, records, or interviews con- (a) The General Counsel’s designee shall be and to review records maintained by or cerning which no objection is raised. The in charge of inspections and questioning of under the control of the covered entity. General Counsel’s designee shall endeavor to persons. A representative of the covered enti- (b) Prior to inspecting areas containing in- ascertain the reason for such refusal, and ty shall be given an opportunity to accom- formation which is classified by an agency of shall immediately report the refusal and the pany the General Counsel’s designee during the United States Government (and/or by any reason therefor to the General Counsel, who the physical inspection of any facility for the congressional committee or other authorized shall take appropriate action. purpose of aiding such inspection. The Gen- entity within the Legislative Branch) in the § 3.05 Entry Not a Waiver. eral Counsel’s designee may permit addi- interest of national security, and for which Any permission to enter, inspect, review tional representatives from the covered enti- security clearance is required as a condition records, or question any person, shall not ty to accompany the designee where he or for access to the area(s) to be inspected, the imply or be conditioned upon a waiver of any she determines that such additional rep- individual(s) conducting the inspection shall cause of action under section 210 of the CAA. resentatives will further aid the inspection. A have obtained the appropriate security clear- § 3.06 Advance Notice of Inspections. different covered entity representative may ance. (a) Advance notice of inspections may not accompany the General Counsel’s designee § 3.03 Requests for Inspections by Members be given, except in the following situations: during each different phase of an inspection of the Public and Covered Entities. (1) in circumstances where the inspection if this will not interfere with the conduct of (a) By Members of the Public. can most effectively be conducted after reg- the inspection.

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.055 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5454 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) The General Counsel’s designee shall the CAA, who believes that he or she has ing party and any entity responsible for cor- have authority to resolve all disputes as to been subjected to discrimination on the basis recting the alleged violation. whom is the representative authorized by the of a disability in violation of section 210 of § 3.15 Dismissal of charge. covered entity for the purpose of this section. the CAA by a covered entity, may file a Where the General Counsel determines that (c) If in the judgment of the General Coun- charge against any entity responsible for cor- a complaint will not be filed, the General sel’s designee, good cause has been shown recting the violation with the General Coun- Counsel shall dismiss the charge. why accompaniment by a third party who is sel. A charge may not be filed under section § 3.16 Complaint by the General Counsel. not the requestor or an employee of the cov- 210 of the CAA by a covered employee alleg- ered entity (such as a sign language inter- ing employment discrimination on the basis (a) After completing the investigation, and preter, braille reader, architect or accessi- of disability; the exclusive remedy for such where mediation under section 3.14, if any, bility expert) is reasonably necessary to the discrimination are the procedures under sec- has not succeeded in resolving the dispute, conduct of an effective and thorough phys- tion 201 of the CAA and subpart B of the Of- and where the General Counsel has not set- ical inspection of the workplace, such third fice’s procedural rules. tled or dismissed the charge, and if the Gen- party may accompany the General Counsel’s (b) When to file. A charge under this sec- eral Counsel believes that a violation of sec- designee during the inspection. tion must be filed with the General Counsel tion 210 may have occurred, the General (d) The General Counsel’s designee may not later than 180 days from the date of the Counsel may file with the Office a complaint deny the right of accompaniment under this alleged discrimination. against any entity responsible for correcting section to any person whose conduct inter- (c) Form and Contents. A charge shall be the violation. feres with a fair and orderly inspection. With written or typed on a charge form available (b) The complaint filed by the General regard to information classified by an agency from the Office. All charges shall be signed Counsel under subsection (a) shall be sub- of the U.S. Government (and/or by any con- and verified by the qualified individual with mitted to a hearing officer for decision pur- gressional committee or other authorized en- a disability (hereinafter referred to as the suant to subsections (b) through (h) of sec- tity within the Legislative Branch) in the in- ‘‘charging party’’), or his or her representation 405 of the CAA. Any person who has filed terest of national security, only persons au- tive, and shall contain the following informa- a charge under section 3.11 of these rules thorized to have access to such information tion: may intervene as of right with the full rights may accompany the General Counsel’s des- (i) the full name, mail and e-mail addresses, of a party. The procedures of sections 405 ignee in areas containing such information. and telephone number(s) of the charging through 407 of the CAA and the Office’s procedural rules thereunder shall apply to hear- § 3.09 Consultation with Individuals with party; ings and related proceedings under this sub- Disabilities (ii) the name, mail and e-mail addresses, and telephone number of the covered part. The General Counsel’s designee may con- entit(ies) against which the charge is § 3.17 Settlement. sult with individuals with disabilities con- brought, if known (hereinafter referred to as cerning matters of accessibility to the extent Any settlement entered into by the parties the ’’ respondent’’); he or she deems necessary for the conduct of to any process described in section 210 of the (iii) the name(s) and title(s) of the indian effective and thorough inspection. During CAA shall be in writing and not become effec- vidual(s), if known, involved in the conduct the course of an inspection, any person shall tive unless it is approved by the Executive that the charging party claims is a violation be afforded an opportunity to bring any vio- Director under section 414 of the CAA and of section 210 and/or the location and de- lation of section 210 of the CAA which he or the Office’s procedural rules thereunder. scription of the places or conditions within she has reason to believe exists in the facility § 3.18 Compliance Date. covered facilities that the charging party to the attention of the General Counsel’s des- In any proceedings under this section, com- claims is a violation of section 210; ignee. pliance shall take place as soon as possible, (iv) a description of the conduct, locations, but not later than the fiscal year following § 3.10 Inspection Not Warranted; Informal or conditions that form the basis of the the end of the fiscal year in which the order Review. charge, and a brief description of why the requiring correction becomes final and not (a) If the General Counsel’s designee deter- charging party believes the conduct, loca- subject to further review. mines that an inspection is not warranted be- tions, or conditions is a violation of section cause there are no reasonable grounds to be- 210; and (v) the name, mail and e-mail ad- Subpart D—Compliance, Investigation, En- lieve that a violation exists under section 210 dresses, and telephone number of the rep- forcement and Variance Process under Sec- of the CAA, he or she shall notify the party resentative, if any, who will act on behalf of tion 215 of the CAA (Occupational Safety making the request of such determination. the charging party. and Health Act of 1970)—Inspections, Cita- tions, and Complaints The complaining party may obtain review of § 3.12 Service of charge or notice of charge. such determination by submitting a written § 4.01 Purpose and Scope Within ten (10) days after the filing of a statement of position with the General Coun- § 4.02 Authority for Inspection charge with the General Counsel’s Office (ex- sel and, at the same time, providing the cov- § 4.03 Request for Inspections by Employees cluding weekends or holidays), the General ered entity with a copy of such statement. and Employing Offices Counsel shall serve the respondent with a The covered entity may submit an opposing § 4.04 Objection to Inspection copy of the charge, except when it is deter- written statement of position with the Gen- § 4.05 Entry Not a Waiver mined that providing a copy of the charge eral Counsel and, at the same time, provide § 4.06 Advance Notice of Inspection would impede the law enforcement functions the complaining party with a copy of such § 4.07 Conduct of Inspections of the General Counsel. Where a copy of the statement. Upon the request of the com- § 4.08 Representatives of Employing Offices charge is not provided, the respondent will plaining party or the covered entity, the Gen- and Employees be served with a notice of the charge within eral Counsel, at his or her discretion, may § 4.09 Consultation with Employees ten (10) days after the filing of the charge. hold an informal conference in which the § 4.10 Inspection Not Warranted; Informal The notice shall include the date, place and complaining party and the covered entity Review circumstances of the alleged violation of sec- may orally present their views. After consid- § 4.11 Citations tion 210. The notice may not include the ering all written and oral views presented, § 4.12 Imminent Danger identity of the person filing the charge if that the General Counsel shall affirm, modify, or § 4.13 Posting of Citations person has requested anonymity. reverse the designee’s determination and fur- § 4.14 Failure to Correct a Violation for nish the complaining party and the covered § 3.13 Investigations by the General Counsel. Which a Citation Has Been Issued; Notice entity with written notification of this deci- The General Counsel or the General Coun- of Failure to Correct Violation; Com- sion and the reasons therefor. The decision of sel’s designated representative shall prompt- plaint the General Counsel shall be final and not rely investigate each charge alleging violations § 4.15 Informal Conferences viewable. of section 210 of the CAA. As part of the in- Rules of Practice for Variances, Limitations, (b) If the General Counsel’s designee deter- vestigation, the General Counsel will accept Variations, Tolerances, and Exemptions any statement of position or evidence with mines that an inspection is not warranted be- § 4.20 Purpose and Scope respect to the charge which the charging cause the requirements of section 3.03(a)(1) § 4.21 Definitions party or the respondent wishes to submit. have not been met, he or she shall notify the § 4.22 Effect of Variances The General Counsel will use other methods complaining party in writing of such deter- § 4.23 Public Notice of a Granted Variance, to investigate the charge, as appropriate. mination. Such determination shall be with- Limitation, Variation, Tolerance, or Ex- out prejudice to the filing of a new notice of § 3.14 Mediation. emption alleged violation meeting the requirements of If, upon investigation, the General Counsel § 4.24 Form of Documents section 3.03(a)(1). believes that a violation of section 210 may § 4.25 Applications for Temporary Variances § 3.11 Charge filed with the General Counsel. have occurred and that mediation may be and other Relief (a) Who may file. helpful in resolving the dispute, the General § 4.26 Applications for Permanent Variances (1) Any qualified individual with a dis- Counsel may request, but not participate in, and other Relief ability, as defined in section 201(2) of the mediation under subsections (b) through (d) § 4.27 Modification or Revocation of Orders Americans with Disabilities Act of 1990 (42 of section 403 of the CAA and the Office’s pro- § 4.28 Action on Applications§ 4.29 Consolida- U.S.C. 12131(2)), as applied by section 210 of cedural rules thereunder, between the charg- tion of Proceedings

VerDate Mar 15 2010 07:39 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.056 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5455 § 4.30 Consent Findings and Rules or Orders Upon the request of the complaining party fect its posting responsibility under this sec- § 4.31 Order of Proceedings and Burden of or the employing office, the General Counsel, tion unless and until the Board issues a final Proof at his or her discretion, may hold an infor- order vacating the citation. Inspections, Citations and Complaints mal conference in which the complaining ..... ***** party and the employing office may orally § 4.15 Informal Conferences. present their views. After considering all At the request of an affected employing of- § 4.02 Authority for Inspection. written and oral views presented, the Gen- fice, employee, or representative of employ- (a) Under section 215(c)(1) of the CAA, upon eral Counsel shall affirm, modify, or reverse ees, the General Counsel may hold an infor- written request of any employing office or the designee’s determination and furnish the mal conference for the purpose of discussing covered employee, the General Counsel is au- complaining party and the employing office any issues raised by an inspection, citation, thorized to enter without delay and at rea- with written notification of this decision and or notice issued by the General Counsel. Any sonable times any place where covered em- the reasons therefor. The decision of the settlement entered into by the parties at ployees work (‘‘place of employment’’) ≈of em- General Counsel shall be final and not re- such conference shall be subject to the ap- ployment under the jurisdiction of an employing viewable. ≈ proval of the Executive Director under sec- office ; to inspect and investigate during reg- ***** ular working hours and at other reasonable tion 414 of the CAA and section ø9.05¿ 9.03 of times, and within reasonable limits and in a § 4.11 Citations. these rules. If the conference is requested by reasonable manner, any such place of em- (a) If, on the basis of the inspection, the the employing office, an affected employee ployment, and all pertinent conditions, General Counsel believes that a violation of or the employee’s representative shall be af- structures, machines, apparatus, devices, any requirement of section 215 of the CAA, forded an opportunity to participate, at the equipment and materials therein; to ques- øor of¿ including any occupational safety or discretion of the General Counsel. If the con- tion privately any employing office, oper- health standard promulgated by the Sec- ference is requested by an employee or rep- ator, agent or employee; and to review retary of Labor under Title 29 of the U.S. resentative of employees, the employing of- records maintained by or under the control Code, section 655, or of any other regulation fice shall be afforded an opportunity to par- of the covered entity. ƒrequired by the CAA ƒstandard≈, rule or order promulgated pursu- ticipate, at the discretion of the General and regulations promulgated thereunder, and ant to section 215 of the CAA, has occurred, Counsel. Any party may be represented by other records which are directly related to the he or she shall issue to the employing office counsel at such conference. purpose of the inspection.≈ responsible for correction of the violation ƒ, ..... § 4.03 Requests for Inspections by Employees as determined under section 1.106 of the Board’s Subpart E—Complaints and Covered Employing Offices. regulations implementing section 215 of the CAA,≈ either a citation or a notice of de § 5.01 Complaints (a) By Covered Employees and Representa- § 5.02 Appointment of the Hearing Officer minimis violations that øhave¿ has no direct tives. or immediate relationship to safety or § 5.03 Dismissal, Summary Judgment, and (1) Any covered employee or representative health. An appropriate citation or notice of Withdrawal of Complaint of covered employees who believes that a de minimis violations shall be issued even § 5.04 Confidentiality violation of section 215 of the CAA exists in though, after being informed of an alleged § 5.01 Complaints. any place of employment ƒunder the jurisdic- violation by the General Counsel, the em- (a) Who May File. tion of employing offices≈ may request an in- ploying office immediately abates, or initi- (1) An employee who has completed the spection of such place of employment by giv- ates steps to abate, such alleged violation. mediation period under section 2.04 may ing notice of the alleged violation to the Any citation shall be issued with reasonable timely file a complaint with the Office alleg- General Counsel. Any such notice shall be re- promptness after termination of the inspec- ing any violation of sections 201 through 207 duced to writing on a form available from tion. No citation may be issued under this of the Act[.], under the Genetic Information the Office, shall set forth with reasonable section after the expiration of 6 months fol- Nondiscrimination Act, or any other statute particularity the grounds for the notice, and lowing the occurrence of any alleged viola- made applicable under the Act. shall be signed by the employee or the rep- tion unless the violation is continuing or the (2) The General Counsel may timely file a resentative of the employees. A copy shall be employing office has agreed to toll the dead- complaint alleging a violation of section 210, provided to the employing office or its agent line for filing the citation. 215 or 220 of the Act. by the General Counsel or the General Coun- (b) When to File. ***** sel’s designee no later than at the time of in- (1) A complaint may be filed by an em- spection, except that, upon the written re- § 4.13 Posting of Citations. ployee no sooner than 30 days after the date quest of the person giving such notice, his or (a) Upon receipt of any citation under sec- of receipt of the notice under section 2.04(i), her name and the names of individual em- tion 215 of the CAA, the employing office but no later than 90 days after receipt of that ployees referred to therein shall not appear shall immediately post such citation, or a notice. In cases where a complaint is filed in such copy or on any record published, re- copy thereof, unedited, at or near each place with the Office sooner than 30 days after the leased, or made available by the General an alleged violation referred to in the cita- date of receipt of the notice under section Counsel. tion occurred, except as provided below. 2.04(i), the Executive Director, at his or her ***** Where, because of the nature of the employ- discretion, may return the complaint to the (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable employee for filing during the prescribed pe- quest of any employing office, the General to post the citation at or near each place of riod without prejudice and with an expla- Counsel or the General Counsel’s designee alleged violation, such citation shall be post- nation of the prescribed period of filing. shall inspect and investigate places of em- ed, unedited, in a prominent place where it ..... ployment ƒunder the jurisdiction of employing will be readily observable by all affected em- (c) Form and Contents. offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- (1) Complaints Filed by Covered Employees. A Any such requests shall be reduced to writ- fices are engaged in activities which are complaint shall be in writing and may be ing on a form available from the Office. physically dispersed, the citation may be written or typed on a complaint form avail- posted at the location to which employees ***** able from the Office. All complaints shall be report each day. Where employees do not pri- signed by the covered employee, or his or her § 4.10 Inspection Not Warranted; Informal marily work at or report to a single location, representative, and shall contain the fol- Review. the citation may be posted at the location lowing information: (a) If the General Counsel’s designee deter- from which the employees operate to carry (i) the name, mailing and e-mail addresses, mines that an inspection is not warranted out their activities. When a citation contains and telephone number(s) of the complainant; because there are no reasonable grounds to security information as defined in Title 2 of ..... believe that a violation or danger exists with the U.S. Code, section 1979, the General respect to a notice of violation under section Counsel may edit or redact the security in- (v) a brief description of why the complain- 4.03(a), he or she shall notify the party giv- formation from the copy of the citation used ant believes the challenged conduct is a vio- ing the notice ƒin writing≈ of such deter- for posting or may provide to the employing lation of the Act or the relevant sections of mination in writing. The complaining party office a notice for posting that describes the the Genetic Information Nondiscrimination may obtain review of such determination by alleged violation without referencing the se- Act and the section(s) of the Act involved; submitting and serving a written statement curity information. The employing office ..... of position with the General Counselƒ,≈ and shall take steps to ensure that the citation (vii) the name, mailing and e-mail address- ƒ, at the same time, providing≈ the employing or notice is not altered, defaced, or covered es, and telephone number of the representa- office ƒwith a copy of such statement by cer- by other material. Notices of de minimis vio- tive, if any, who will act on behalf of the tified mail≈. The employing office may sub- lations need not be posted. complainant. mit and serve an opposing written statement (b) Each citation, notice, or a copy thereof, (2) Complaints Filed by the General Counsel. of position with the General Counselƒ,≈ ƒand shall remain posted until the violation has A complaint filed by the General Counsel ƒ, at the same time, provide≈ the com- been abated, or for 3 working days, which- shall be in writing, signed by the General plaining party ƒwith a copy of such state- ever is later. The pendency of any pro- Counsel or his designee and shall contain the ment by certified mail≈. ceedings regarding the citation shall not af- following information:

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.058 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5456 CONGRESSIONAL RECORD — SENATE September 9, 2014 (i) the name, mail and e-mail addresses, if the hearing the General Counsel may with- (c) Discovery Availability. Pursuant to sec- available, and telephone number of, as appli- draw his complaint by filing a notice with tion 405(e) of the Act, ƒthe Hearing Officer in cable, (A) each entity responsible for correc- the Executive Director and the Hearing Offi- his or her discretion may permit≈ the parties tion of an alleged violation of section 210(b), cer and by serving a copy on the respondent. may engage in reasonable prehearing dis- (B) each employing office alleged to have After opening of the hearing, any such with- covery. ƒIn exercising that discretion, the Hear- violated section 215, or (C) each employing drawal must be approved by the Hearing Of- ing Officer may be guided by the Federal Rules office and/or labor organization alleged to ficer and may be with or without prejudice to of Civil Procedure.≈ have violated section 220, against which com- refile at the Hearing Officer’s discretion. (1) The ƒHearing Officer may authorize≈ par- plaint is brought; (h) Withdrawal From a Case by a Represent- ties may take discovery by one or more of the ..... ative. A representative must provide suffi- following methods: depositions upon oral ex- (e) Service of Complaint. Upon receipt of a cient notice to the Hearing Officer and the amination or written questions; written in- complaint or an amended complaint, the Of- parties of record of his or her withdrawal. terrogatories; production of documents or fice shall serve the respondent, or its des- Until the party designates another represent- things or permission to enter upon land or ignated representative, by hand delivery [or ative in writing, the party will be regarded as other property for inspection or other pur- certified mail] or first class mail, e-mail, or pro se. poses; physical and mental examinations; facsimile with a copy of the complaint or § 5.04 Confidentiality. and requests for admission. amended complaint and [a copy of these rules] Pursuant to section 416(c) of the Act, ex- (2) The Hearing Officer may adopt standing written notice of the availability of these cept as provided in sub-sections 416(d), (e) orders or make any order setting forth the rules at www.compliance.gov. A copy of these and (f), all proceedings and deliberations of forms and extent of discovery, including or- rules may also be provided if requested by ei- Hearing Officers and the Board, including ders limiting the number of depositions, in- ther party. The Office shall include a service any related records, shall be confidential. terrogatories, and requests for production of list containing the names and addresses of Section 416(c) does not apply to proceedings documents, and may also limit the length of the parties and their designated representa- under section 215 of the Act, but does apply depositions. tives. to the deliberations of Hearing Officers and ..... (f) Answer. Within 15 days after receipt of a the Board under section 215. A violation of (d) Claims of Privilege. copy of a complaint or an amended com- the confidentiality requirements of the Act (1) Information Withheld. Whenever a party plaint, the respondent shall file an answer and these rules [could] may result in the im- withholds information otherwise discover- with the Office and serve one copy on the position of procedural or evidentiary sanc- able under these rules by claiming that it is complainant. [The answer shall contain a tions. [Nothing in these rules shall prevent the privileged or confidential or subject to pro- statement of the position of the respondent on Executive Director from reporting statistical in- tection as hearing or trial preparation mate- each of the issues raised in the complaint or formation to the Senate and House of Rep- rials, the party shall make the claim ex- amended complaint, including admissions, deni- resentatives, so long as that statistical informa- pressly in writing and shall describe the na- als, or explanations of each allegation made in tion does not reveal the identity of the employ- ture of the documents, communications or the complaint and any affirmative defenses or ees involved or of employing offices that are the things not produced or disclosed in a manner other defenses to the complaint. See also sections 1.06 ] In answering subject of a matter.] [ ] that, without revealing the information 1.07 and 7.12 of these rules. a complaint, a party must state in short and [ ] 1.08 itself privileged or protected, will enable plain terms its defenses to each claim as- Subpart F—Discovery and Subpoenas other parties to assess the applicability of serted against it and admit or deny the alle- § 6.01 Discovery the privilege or protection. A party must gations asserted against it by an opposing § 6.02 Requests for Subpoenas make a claim for privilege no later than the party. Failure to [file an answer] deny an alle- § 6.03 Service due date for the production of the informa- gation, other than one relating to the amount § 6.04 Proof of Service tion. or to raise a claim or defense as of damages, § 6.05 Motion to Quash (2) Information Produced As Inadvertent to any allegation(s) shall constitute an ad- § 6.06 Enforcement Disclosure. If information produced in dis- mission of such allegation(s). Affirmative de- covery is subject to a claim of privilege or of fenses not raised in an answer that could § 6.01 Discovery. protection as hearing preparation material, have reasonably been anticipated based on (a) [Explanation] Description. Discovery is the party making the claim may notify any the facts alleged in the complaint shall be the process by which a party may obtain party that received the information of the deemed waived. A respondent’s motion for from another person, including a party, in- claim and the basis for it. After being noti- leave to amend an answer to interpose a de- formation, not privileged, reasonably cal- fied, a party must promptly return, seques- nial or affirmative defense will ordinarily be culated to lead to the discovery of admis- ter, or destroy the specified information and granted unless to do so would unduly preju- sible evidence, for the purpose of assisting any copies it has; must not use or disclose the dice the rights of the other party or unduly that party in developing, preparing and pre- information until the claim is resolved; must delay or otherwise interfere with or impede senting its case at the hearing. No discovery, take reasonable steps to retrieve the informa- the proceedings. oral or written, by any party shall [This pro- tion if the party disclosed it before being no- (g) Motion to Dismiss. In addition to an an- vision shall not be construed to permit any dis- ≈ tified; and may promptly present the infor- swer, a respondent may file a motion to discovery, oral or written, to be taken of, or mation to the Hearing Officer or the Board miss, or other responsive pleading with the from, an employee of the Office of Compli- ƒ ≈ ƒ ≈ under seal for a determination of the claim. Office and serve one copy on the complain- ance, or the counselor (s) , or mediator ƒ The producing party must preserve the infor- ant. Responses to any motions shall be in the neutral(s) involved in counseling and medi- ≈ mation until the claim is resolved. compliance with section 1.04(c) of these rules. ation. , including files, records, or notes pro- (h) Confidentiality. The fact that a com- duced during counseling and mediation and § 6.02 Request for Subpoena. plaint has been filed with the Office by a cov- maintained by the Office. (a) Authority to Issue Subpoenas. At the re- ƒ ered employee shall be kept confidential by (b) Initial Disclosure. Office Policy Regard- quest of a party, a Hearing Officer may issue the Office, except as allowed by these rules. ing Discovery. It is the policy of the Office to subpoenas for the attendance and testimony encourage the early and voluntary exchange of § 5.02 Appointment of the Hearing Officer. of witnesses and for the production of cor- relevant and material nonprivileged information respondence, books, papers, documents, or Upon the filing of a complaint, the Execu- between the parties, including the names and tive Director will appoint an independent other records. The attendance of witnesses addresses of witnesses and copies of relevant and the production of records may be re- Hearing Officer, who shall have the author- and material documents, and to encourage ity specified in sections 5.03 and 7.01(b) quired from any place within the United Hearing Officers to develop procedures which States. However, no subpoena by any party below. The Hearing Officer shall not be the allow for the greatest exchange of relevant and counselor involved in or the [neutral] medi- may be issued for the attendance or testi- material information and which minimizes the ƒ ≈ ator who mediated the matter under sections mony of an employee with of the Office of need for parties to formally request such infor- Compliance, a counselor, or a mediator, in- 2.03 and 2.04 of these rules. ≈ mation. Within 14 days after the pre-hearing cluding files, records, or notes produced dur- § 5.03 Dismissal, Summary Judgment and conference and except as otherwise stipu- ing counseling and mediation and main- Withdrawal of Complaints. lated or ordered by the Hearing Officer, a tained by the Office. Employing offices shall ..... party must, without awaiting a discovery re- make their employees available for discovery (f) Withdrawal of Complaint by Complainant. quest, provide to the other parties: the name and hearing without requiring a subpoena. At any time a complainant may withdraw and, if known, mail and e-mail addresses and (d) Rulings. The Hearing Officer shall his or her own complaint by filing a notice telephone number of each individual likely to promptly rule on the request for the sub- with the Office for transmittal to the Hear- have discoverable information that the dis- poena. closing party may use to support its claims or ing Officer and by serving a copy on the em- ***** ploying office or representative. Any such defenses; and a copy or a description by cat- withdrawal must be approved by the Hearing egory and location of all documents, elec- Subpart G—Hearings Officer and may be with or without prejudice tronically stored information, and tangible § 7.01 The Hearing Officer to refile at the Hearing Officer’s discretion. things that the disclosing party has in its § 7.02 Sanctions (g) Withdrawal of Complaint by the General possession, custody, or control and may use § 7.03 Disqualification of the Hearing Officer Counsel. At any time prior to the opening of to support its claims or defenses. § 7.04 Motions and Prehearing Conference

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.059 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5457 § 7.05 Scheduling the Hearing Hearing Officer in proceedings under Section tinuance by either party shall be made in § 7.06 Consolidation and Joinder of Cases 405 of the CAA. If, after notice and hearing, writing to the ƒOffice≈ Hearing Officer, shall § 7.07 Conduct of Hearing; Disqualification of the Hearing Officer determines that a party set forth the reasons for the request, and Representatives has violated the confidentiality provisions, shall state whether the opposing party con- § 7.08 Transcript the Hearing Officer may: sents to such postponement. Such a motion § 7.09 Admissibility of Evidence (A) direct that the matters related to the may be granted by the Hearing Officer upon § 7.10 Stipulations breach of confidentiality or other designated a showing of good cause. In no event will a § 7.11 Official Notice facts be taken as established for purposes of hearing commence later than 90 days after § 7.12 Confidentiality the action, as the prevailing party claims; the filing of the complaint. § 7.13 Immediate Board Review of a Ruling (B) prohibit the party breaching confiden- § 7.06 Consolidation and Joinder of Cases. tiality from supporting or opposing des- by a Hearing Officer ..... § 7.14 Proposed Findings of Fact and Conclu- ignated claims or defenses, or from intro- sions of Law; Posthearing Briefs ducing designated matters in evidence; (b) Authority. The Executive Director prior § 7.15 Closing the record (C) strike the pleadings in whole or in part; to the assignment of a complaint to a Hearing § 7.16 Hearing Officer Decisions; Entry in (D) stay further proceedings until the Officer; a Hearing Officer during the hearing; ƒ Records of the Office; Corrections to the breach of confidentiality is resolved to the or the Board , the Office, or a Hearing Offi- ≈ Record; Motions to Alter, Amend or Va- extent possible; cer during an appeal may consolidate or cate the Decision. (E) dismiss the action or proceeding in join cases on their own initiative or on the motion of a party if to do so would expedite § 7.01 The Hearing Officer. whole or in part; or (F) render a default judgment against the processing of the cases and not adversely af- ..... party breaching confidentiality. fect the interests of the parties, taking into (b) Authority. Hearing Officers shall con- (c) No sanctions may be imposed under this account the confidentiality requirements of duct fair and impartial hearings and take all section except for good cause and the par- section 416 of the Act. necessary action to avoid undue delay in the ticulars of which must be stated in the sanc- § 7.07 Conduct of Hearing; Disqualification disposition of all proceedings. They shall tion order. of Representatives. have all powers necessary to that end unless ...... otherwise limited by law, including, but not limited to, the authority to: § 7.04 Motions and Prehearing Conference. (c) No later than the opening of the hearing, or as otherwise ordered by the Hearing ...... (b) Scheduling of the Prehearing Conference. Officer, each party shall submit to the Hear- (14) maintain and enforce the confiden- ing Officer and to the opposing party typed tiality of proceedings; and Within 7 days after assignment, the Hearing Officer shall serve on the parties and their lists of the hearing exhibits and the wit- ..... designated representatives written notice nesses expected to be called to testify, ex- § 7.02 Sanctions. setting forth the time, date, and place of the cluding impeachment or rebuttal witnesses ƒ ≈ ..... prehearing conference, except that the Exec- , expected to be called to testify . (b) The Hearing Officer may impose sanc- utive Director may, for good cause, extend up ..... tions upon the parties under, but not limited to an additional 7 days the time for serving (f) Failure of either party to appear, to, the circumstances set forth in this sec- notice of the prehearing conference. present witnesses, or respond to an evi- tion. (c) Prehearing Conference Memoranda. The dentiary order may result in an adverse find- (1) Failure to Comply with an Order. When a Hearing Officer may order each party to pre- ing or ruling by the Hearing Officer. At the party fails to comply with an order (includ- pare a prehearing conference memorandum. discretion of the Hearing Officer, the hearing ing an order for the taking of a deposition, At his or her discretion, the Hearing Officer may also be held in absence of the com- for the production of evidence within the may direct the filing of the memorandum plaining party if the representative for that party’s control, or for production of wit- after discovery by the parties has concluded. party is present. nesses), the Hearing Officer may: ƒThat≈ The memorandum may include: ƒ(f)≈(g) If the Hearing Officer concludes ƒ(a)≈(A) draw an inference in favor of the ..... that a representative of an employee, a wit- requesting party on the issue related to the (3) the specific relief, including, where ness, a charging party, a labor organization, information sought; known, a calculation of ƒthe amount of≈ any an employing office, or an entity alleged to ƒ(b)≈(B) stay further proceedings until the monetary relief ƒ,≈ or damages that is being be responsible for correcting a violation has order is obeyed; or will be requested; a conflict of interest, he or she may, after ƒ(c)≈(C) prohibit the party failing to com- (4) the names of potential witnesses for the giving the representative an opportunity to ply with such order from introducing evi- party’s case, except for potential impeach- respond, disqualify the representative. In dence concerning, or otherwise relying upon, ment or rebuttal witnesses, and the purpose that event, within the time limits for hear- evidence relating to the information sought; for which they will be called and a list of ing and decision established by the Act, the ƒ(d)≈(D) permit the requesting party to in- documents that the party is seeking from affected party shall be afforded reasonable troduce secondary evidence concerning the the opposing party, and, if discovery was per- time to retain other representation. information sought; mitted, the status of any pending request for § 7.08 Transcript. ƒ ≈ ø (e) (E) strike, in whole or in part, any discovery. (It is not necessary to list each ..... part of≈ the complaint, briefs, answer, or document requested. Instead, the party may (b) Corrections. Corrections to the official other submissions of the party failing to refer to the request for discovery.); and comply with the order, transcript will be permitted. Motions for cor- as appropriate; ..... ƒ(f)≈(F) direct judgment against the non- rection must be submitted within 10 days of ƒ ≈ complying party in whole or in part; or (d) At the prehearing conference, the Hear- service of the transcript upon the party ƒ(g)≈(G) order that the non-complying ing Officer may discuss the subjects specified parties. Corrections of the official transcript party, or the representative advising that in paragraph (c) above and the manner in will be permitted only upon approval of the party, pay all or part of the attorney’s fees which the hearing will be conducted ƒand Hearing Officer. The Hearing Officer may and reasonable expenses of the other party proceed≈. In addition, the Hearing Officer make corrections at any time with notice to or parties or of the Office, caused by such may explore settlement possibilities and the parties. non-compliance, unless the Hearing Officer consider how the factual and legal issues ..... might be simplified and any other issues or the Board finds that the failure was sub- § 7.12 Confidentiality. stantially justified or that other cir- that might expedite the resolution of the dis- (a) Pursuant to section 416 of the Act and cumstances make an award of attorney’s fees pute. The Hearing Officer shall issue an order, which recites the action taken at the section 1.08 of these Rules, all proceedings and/or expenses unjust. and deliberations of Hearing Officers and the (2) Failure to Prosecute or Defend. If a party conference and the agreements made by the Board, including the transcripts of hearings fails to prosecute or defend a position, the parties as to any of the matters considered and any related records, shall be confiden- Hearing Officer may dismiss the action with and which limits the issues to those not dis- tial, except as specified in sections 416(d), (e), prejudice or ƒrule for the complainant≈ decide posed of by admissions, stipulations, or and (f) of the Act and section 1.08(d) of these the matter, where appropriate. agreements of the parties. Such order, when entered, shall control the course of the pro- Rules. All parties to the proceeding and their ..... ceeding, subject to later modification by the representatives, and witnesses who appear at (4) Filing of frivolous claims. If a party files Hearing Officer by his or her own motion or the hearing, will be advised of the impor- a frivolous claim, the Hearing Officer may upon proper request of a party for good cause tance of confidentiality in this process and dismiss the claim, in whole or in part, with shown. of their obligations, subject to sanctions, to prejudice or decide the matter for the party maintain it. This provision shall not apply § 7.05 Scheduling the Hearing. alleging the filing of the frivolous claim. to proceedings under section 215 of the Act, (5) Failure to maintain confidentiality. An ..... but shall apply to the deliberations of Hear- allegation regarding a violation of the con- (b) Motions for Postponement or a Continu- ing Officers and the Board under that sec- fidentiality provisions may be made to a ance. Motions for postponement or for a con- tion.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.060 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5458 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) Violation of Confidentiality. An allega- Officer’s decision issued under section 7.16 of (g) After a decision of the Hearing Officer tion regarding a violation of confidentiality these rules. has been issued, but before an appeal is occurring during a hearing may be resolved § 7.14 Proposed Findings of Fact and Conclu- made to the Board, or in the absence of an by a Hearing Officer in proceedings under sions of Law; Posthearing Briefs. appeal, before the decision becomes final, a Section 405 of the CAA. After providing no- ƒ(a)≈ May be ƒFiled≈ Required. The Hearing party to the proceeding before the Hearing tice and an opportunity to the parties to be Officer may ƒpermit≈ require the parties to Officer may move to alter, amend or vacate heard, the Hearing Officer, in accordance file proposed findings of fact and conclusions the decision. The moving party must estab- with section 1.08(f) of these Rules, may make of law and/or posthearing briefs on the fac- lish that relief from the decision is warranted a finding of a violation of confidentiality and tual and the legal issues presented in the because: (1) of mistake, inadvertence, sur- impose appropriate procedural or evi- case. prise, or excusable neglect; (2) there is newly dentiary sanctions, which may include any of ƒ(b) Length. No principal brief shall exceed 50 discovered evidence that, with reasonable the sanctions listed in section 7.02 of these pages, or 12,500 words, and no reply brief shall diligence, could not have been discovered in Rules. exceed 25 pages, or 6,250 words, exclusive of ta- time to move for a new hearing; (3) there has § 7.13 Immediate Board Review of a Ruling bles and pages limited only to quotations of stat- been fraud (misrepresentation, or mis- by a Hearing Officer. utes, rules, and the like. Motions to file ex- conduct by an opposing party; (4) the deci- ..... tended briefs shall be granted only for good sion is void; or (5) the decision has been sat- cause shown; the Hearing Officer may in his or isfied, released, or discharged; it is based on (b) Time for Filing. A motion by a party for an earlier decision that has been reversed or interlocutory review of a ruling of the Hear- her discretion also reduce the page limits. Briefs in excess of 10 pages shall include an index and vacated; or applying it prospectively is no ing Officer shall be filed with the Hearing Of- longer equitable. The motion shall be filed ficer within 5 days after service of the ruling a table of authorities. (c) Format. Every brief must be easily read- within 15 days after service of the Hearing upon the parties. The motion shall include able. Briefs must have double spacing between Officer’s decision. No response shall be filed arguments in support of both interlocutory each line of text, except for quoted texts and unless the Hearing Officer so orders. The fil- review and the determination requested to footnotes, which may be single-spaced.≈ ing and pendency of a motion under this probe made by the Board upon review. Re- § 7.15 Closing the Record of the Hearing. vision shall not relieve a party of the obliga- sponses, if any, shall be filed with the Hear- tion to file a timely appeal or operate to stay ing Officer within 3 days after service of the (a) Except as provided in section 7.14, the record shall be closed at the conclusion of the action of the Hearing Officer unless so or- motion. dered by the Hearing Officer. ƒ(b)≈(c) Standards for Review. In deter- the hearing. However, when the Hearing Offi- mining whether to certify and forward a re- cer allows the parties to submit argument, Subpart H—Proceedings before the Board quest for interlocutory review to the Board, briefs, documents or additional evidence pre- § 8.01 Appeal to the Board the Hearing Officer shall consider all of the viously identified for introduction, the § 8.02 Reconsideration following: record will remain open for as much time as § 8.03 Compliance with Final Decisions, Re- ..... the judge grants for that purpose ƒadditional quests for Enforcement evidence previously identified for introduction, § 8.04 Judicial Review ƒ(c) Time for Filing. A motion by a party for the Hearing Officer may allow an additional pe- § 8.05 Application for Review of an Execu- interlocutory review of a ruling of the Hearing riod before the conclusion of the hearing as is tive Director Action Officer shall be filed with the Hearing Officer necessary for that purpose≈. § 8.06 Exceptions to Arbitration Awards within 5 days after service of the ruling upon (b) Once the record is closed, no additional § 8.07 Expedited Review of Negotiability the parties. The motion shall include arguments evidence or argument shall be accepted into § 8.08 Procedures of the Board in Impasse in support of both interlocutory review and the the hearing record except upon a showing Proceedings determination requested to be made by the that new and material evidence has become § 8.01 Appeal to the Board. Board upon review. Responses, if any, shall be available that was not available despite due filed with the Hearing Officer within 3 days (a) No later than 30 days after the entry of diligence prior to the closing of the record or after service of the motion.≈ the final decision and order of the Hearing it is in rebuttal to new evidence or argument (d) Hearing Officer Action. If all the condi- Officer in the records of the Office, an ag- submitted by the other party just before the tions set forth in paragraph ƒ(b)≈(c) above grieved party may seek review of that deci- record closed. ƒHowever, the≈ The Hearing are met, the Hearing Officer shall certify and sion and order by the Board by filing with Officer shall also make part of the record forward a request for interlocutory review to the Office a petition for review by the Board. any ƒmotions for attorney fees, supporting the Board for its immediate consideration. The appeal must be served on the opposing documentation, and determinations thereon, Any such submission shall explain the basis party or its representative. and≈ approved correction to the transcript. on which the Hearing Officer concluded that ..... the standards in paragraph ƒ(b)≈(c) have § 7.16 Hearing Officer Decisions; Entry in (3) ƒUpon written delegation by the Board,≈ Records of the Office; Corrections to the been met. The decision of the Hearing Office In any case in which the Board has not ren- Record; Motions to Alter, Amend or Vacate to forward or decline to forward a request dered a determination on the merits, the Ex- for review is not appealable. the Decision. ecutive Director is authorized to: determine (e) Grant of Interlocutory Review Within ..... any request for extensions of time to file any Board’s Sole Discretion. Upon the Hearing Of- (b) The Hearing Officer’s written decision post-petition for review document or submis- ficer’s certification and decision to forward a shall: sion with the Board ƒin any case in which the request for review, ƒT≈the Board, in its sole (1) state the issues raised in the complaint; Executive Director has not rendered a deter- discretion, may grant interlocutory review. (2) describe the evidence in record; mination on the merits,≈; determine any re- The Board’s decision to grant or deny inter- (3) contain findings of fact and conclusions quest for enlargement of page limitation of locutory review is not appealable. of law, and the reasons or basis therefore, on any post-petition for review document or all the material issues of fact, law, or discre- ..... submission with the Board; or require proof tion presented on the record; ƒ(g) Denial of Motion not Appealable; Man- of service where there are questions of prop- (4) contain a determination of whether a ƒ damus. The grant or denial of a motion for a reer service. Such delegation shall continue violation has occurred; and (5) order such until revoked by the Board.≈ quest for interlocutory review shall not be ap- remedies as are appropriate under the CAA. pealable. The Hearing Officer shall promptly ƒ(b)≈(c) Upon issuance, the decision and ..... bring a denial of such a motion, and the reasons order of the Hearing Officer shall be entered (d) Upon appeal, the Board shall issue a therefor, to the attention of the Board. If, upon into the records of the Office. written decision setting forth the reasons for consideration of the motion and the reason for ƒ(c)≈(d) The Office shall promptly provide its decision. The Board may dismiss the ap- denial, the Board believes that interlocutory re- a copy of the decision and order of the Hear- peal or affirm, reverse, modify or remand the view is warranted, it may grant the review sua ing Officer to the parties. decision and order of the Hearing Officer in sponte. In addition, the Board may in its discre- ƒ(d)≈(e) If there is no appeal of a decision whole or in part. Where there is no remand tion, in extraordinary circumstances, entertain and order of a Hearing Officer, that decision the decision of the Board shall be entered in directly from a party a writ of mandamus to re- becomes a final decision of the Office, which the records of the Office as the final decision view a ruling of a Hearing Officer.≈ is subject to enforcement under section 8.03 of the Board and shall be subject to judicial ƒ(h)≈(g) Procedures before Board. Upon its of these rules. review. [acceptance of a ruling of the Hearing Officer (f) Corrections to the Record. After a deci- (e) The Board may remand the matter to for≈ decision to grant interlocutory review, sion of the Hearing Officer has been issued, ƒthe≈ a Hearing Officer for further action or the Board shall issue an order setting forth but before an appeal is made to the Board, or proceedings, including the reopening of the the procedures that will be followed in the in the absence of an appeal, before the deci- record for the taking of additional evidence. conduct of that review. sion becomes final, the Hearing Officer may The decision by the Board to remand a case ƒ(i)≈(h) Review of a Final Decision. Denial of issue an erratum notice to correct simple er- is not subject to judicial review under Sec- interlocutory review will not affect a party’s rors or easily correctible mistakes. The Hear- tion 407 of the Act. The procedures for a re- right to challenge rulings, which are other- ing Officer may do so on motion of the par- manded hearing shall be governed by sub- wise appealable, as part of an appeal to the ties or on his or her own motion with or parts F, G, and H of these Rules. The Hearing Board under section 8.01 from the Hearing without advance notice. Officer shall render a decision or report to

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.061 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5459 the Board, as ordered, at the conclusion of ..... (c) Time Limitations for Response to Motions proceedings on the remanded matters. ƒUpon (d) To the extent provided in Section 407(a) or Briefs and Reply. Unless otherwise specified receipt of the decision or report, the Board shall of the Act and Section 8.04 of this section, the by the Hearing Officer or these rules, a party determine whether the views of the parties on appropriate ƒAny≈ party may petition the shall file a response to a motion or brief within the content of the decision or report should be Board for enforcement of a final decision of 15 days of the service of the motion or brief obtained in writing and, where necessary, shall the Office or the Board. The petition shall upon the party. Any reply to such response fix by order the time for the submission of those specifically set forth the reasons why the pe- shall be filed and served within 5 days of the views.≈ A decision of the Board following titioner believes enforcement is necessary. service of the response. Only with the Hearing completion of the remand shall be entered in Officer’s advance approval may either party file ..... the records of the Office as the final decision additional responses or replies. of the Board and shall be subject to judicial ... (d) Size Limitations. Except as otherwise spec- review under Section 407 of the Act. § 8.05 Application for Review of an Execu- ified by the Hearing Officer or these rules, no brief, motion, response, or supporting memo- ..... tive Director Action. randum filed with the Office shall exceed 35 (h) Record. The docket sheet, complaint and For additional rules on the procedures per- pages, or 8,750 words, exclusive of the table of any amendments, notice of hearing, answer taining to the Board’s review of an Executive contents, table of authorities and attachments. and any amendments, motions, rulings, or- Director action in Representation pro- The Board, the Office, Executive Director, or ders, stipulations, exhibits, documentary ceedings, refer to Parts 2422.30—31 of the Hearing Officer may waive, raise or reduce this evidence, any portions of depositions admit- Substantive Regulations of the Board, avail- limitation for good cause shown or on its own ted into evidence, docketed Memoranda for able at www.compliance.gov. initiative. Briefs, motions, responses, and sup- the Record, or correspondence between the § 8.06 Expedited Review of Negotiability porting memoranda shall be on standard letter- Office and the parties, and the transcript of Issues. size paper (81⁄2″ x 11″). the hearing (together with any electronic re- For additional rules on the procedures per- § 9.02 Signing of Pleadings, Motions and Other cording of the hearing if the original report- taining to the Board’s expedited review of ne- Filings; Violation of Rules; Sanctions. ing was performed electronically) together gotiability issues, refer to Part 2424 of the Every pleading, motion, and other filing of a with the Hearing Officer’s decision and the Substantive Regulations of the Board, avail- party represented by an attorney or other des- petition for review, any response thereto, able at www.compliance.gov. ignated representative shall be signed by the at- any reply to the response and any other § 8.07 Review of Arbitration Awards. torney or representative. A party who is not rep- pleadings shall constitute the record in the resented shall sign the pleading, motion or other case. For additional rules on the procedures per- filing. The signature of a representative or party ..... taining to the Board’s review of arbitration constitutes a certificate by the signer that the (j) An appellant may move to withdraw a awards, refer to Part 2425 of the Substantive signer has read the pleading, motion, or other petition for review at any time before the Regulations of the Board, available at filing; that to the best of the signer’s knowledge, Board renders a decision. The motion must www.compliance.gov. information, and belief formed after reasonable be in writing and submitted to the Board. § 8.08 Procedures of the Board in Impasse inquiry, it is well grounded in fact and is war- The Board, at its discretion, may grant such Proceedings. ranted by existing law or a good faith argument a motion and take whatever action is re- For additional rules on the procedures of for the extension, modification, or reversal of ex- quired. the Board in impasse proceedings, refer to isting law, and that it is not interposed for any § 8.02 Reconsideration. Part 2471 of the Substantive Regulations of improper purpose, such as to harass or to cause After a final decision or order of the Board the Board, available at www.compliance.gov. unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other has been issued, a party to the proceeding Subpart I—Other Matters of General filing is not signed, it shall be stricken unless it before the Board, who can establish in its Applicability moving papers that reconsideration is nec- is signed promptly after the omission is called to ƒ§ 9.01 Filing, Service and Size Limitations of the attention of the person who is required to essary because the Board has overlooked or Motions, Briefs, Responses and other Doc- sign. If a pleading, motion, or other filing is misapprehended points of law or fact, may uments. signed in violation of this rule, a Hearing Offi- move for reconsideration of such final deci- § 9.02 Signing of Pleadings, Motions and cer or the Board, as appropriate, upon motion sion or order. The motion shall be filed with- Other Filings; Violations of Rules; Sanc- or upon its own initiative, shall impose upon the in 15 days after service of the Board’s deci- tions≈ person who signed it, a represented party, or sion or order. No response shall be filed un- ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs both, an appropriate sanction, which may in- less the Board so orders. The filing and pend- ƒ§ 9.04≈ § 9.02 Ex parte Communications clude an order to pay to the other party or parency of a motion under this provision shall ƒ§ 9.05≈ § 9.03 Settlement Agreements ties the amount of the reasonable expenses in- not relieve a party of the obligation to file a ƒ§ 9.06≈ § 9.04 Revocation, Amendment or curred because of the filing of the pleading, mo- timely appeal or operate to stay the action Waiver of Rules tion, or other filing, including a reasonable at- of the Board unless so ordered by the Board. ƒ§ 9.01 Filing, Service, and Size Limitations of torney’s fee. A Hearing Officer, the Executive The decision to grant or deny a motion for Motions, Briefs, Responses and Other Doc- Director, or the Board, as appropriate, upon reconsideration is within the sole discretion uments. motion or its own initiative may also impose an of the Board and is not appealable. (a) Filing with the Office; Number. One origi- appropriate sanction, which may include the § 8.03 Compliance with Final Decisions, Re- nal and three copies of all motions, briefs, re- sanctions specified in section 7.02, for any other quests for Enforcement. sponses, and other documents, must be filed, violation of these rules that does not result from (a) Unless the Board has, in its discretion, whenever required, with the Office or Hearing reasonable error.≈ stayed the final decision of the Office during Officer. However, when a party aggrieved by ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs. the pendency of an appeal pursuant to sec- the decision of a Hearing Officer or a party to (a) Request. No later than ƒ20≈ 30 days tion 407 of the Act, and except as provided in any other matter or determination reviewable by after the entry of a final ƒHearing Officer’s≈ sections 210(d)(5) and 215(c)(6) of the Act, a the Board files an appeal or other submission decision of the Office, ƒunder section 7.16, or party required to take any action under the with the Board, one original and seven copies of after service of a Board decision by the Office terms of a final decision of the Office shall any submission and any responses must be filed the complainant, if he or she is a≈ the pre- carry out its terms promptly, and shall with- with the Office. The Office, Hearing Officer, or vailing partyƒ,≈ may submit to the Hearing in 30 days after the decision or order be- Board may also request a party to submit an Officer or Arbitrator who ƒheard≈ decided comes final and goes into effect by its terms, electronic version of any submission in a des- the case ƒinitially≈ a motion for the award of provide the Office and all other parties to ignated format, with receipt confirmed by elec- reasonable attorney’s fees and costs, fol- the proceedings with a compliance report tronic transmittal in the same format. lowing the form specified in paragraph (b) specifying the manner in which compliance (b) Service. The parties shall serve on each below. ƒAll motions for attorney’s fees and with the provisions of the decision or order other one copy of all motions, briefs, responses costs shall be submitted to the Hearing Officer.≈ has been accomplished. If complete compli- and other documents filed with the Office, other The Hearing Officer or Arbitrator, after giv- ance has not been accomplished within 30 than the request for counseling, the request for ing the respondent an opportunity to reply, days, the party required to take any such ac- mediation and complaint. Service shall be made shall rule on the motion. Decisions regarding tion shall submit a compliance report speci- by mailing or by hand delivering a copy of the attorney’s fees and costs are collateral and fying why compliance with any provision of motion, brief, response or other document to do not affect the finality or appealability of the decision or order has not yet been fully each party, or if represented, the party’s rep- a final decision issued by the ƒHearing Offi- accomplished, the steps being taken to as- resentative, on the service list previously pro- cer≈ Office. ƒA ruling on a motion for attor- sure full compliance, and the anticipated vided by the Office. Each of these documents, ney’s fees and costs may be appealed together date by which full compliance will be must be accompanied by a certificate of service with the final decision of the Hearing Officer. If achieved. A party may also file a petition for specifying how, when and on whom service was the motion for attorney’s fees is ruled on after attorneys fees and/or damages unless the made. It shall be the duty of each party to no- the final decision has been issued by the Hear- Board has, in its discretion, stayed the final tify the Office and all other parties in writing of ing Officer, the ruling may be appealed in the decision of the Office during the pendency of any changes in the names or addresses on the same manner as a final decision, pursuant to the appeal pursuant to Section 407 of the Act. service list. section 8.01 of these Rules.≈

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.063 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5460 CONGRESSIONAL RECORD — SENATE September 9, 2014 (b) Form of Motion. In addition to setting Act:≈ Where the settlement agreement does (A) the parcel of land located at 145 East forth the legal and factual bases upon which not have a stipulated method for resolving Simpson Street, Jackson, Wyoming; and the attorney’s fees and/or costs are sought, a violation allegations, ƒAny complaint≈ an al- (B) the building located on the land described motion for an award of attorney’s fees and/or legation ƒregarding≈ of a violation ƒof a for- in subparagraph (A), which is known as the costs shall be accompanied by: mal settlement agreement may≈ must be filed ‘‘Clifford P. Hansen Federal Courthouse’’...... with the Executive Director no later than 60 SEC. 3. CONVEYANCE OF FEDERAL COURTHOUSE TO TETON COUNTY, WYOMING. (3) the attorney’s customary billing rate days after the party to the agreement becomes aware of the alleged violation. Such (a) IN GENERAL.—Notwithstanding any other for similar work with evidence that the rate ƒcomplaints may be referred by the Executive provision of law, the Administrator shall offer to is consistent with the prevailing community convey to the County all right, title, and inter- rate for similar services in the community in Director to a Hearing Officer for a final decision. The procedures for hearing and deter- est of the United States in and to the Court- which the attorney ordinarily practices; house. ƒand≈ mining such complaints shall be governed by subparts F, G, and H of these Rule.≈ allega- (b) CONSIDERATION.—In exchange for the con- (4) an itemization of costs related to the veyance of the Courthouse to the County under matter in questionƒ.≈ ; and tions will be reviewed, investigated or mediated, as appropriate, by the Executive Direc- this Act, the Administrator shall require the (5) evidence of an established attorney-cli- County to pay to the Administrator— ent relationship. tor or designee. ƒ ≈ (1) nominal consideration for the parcel of ƒ§ 9.04≈§ 9.02 Ex parte Communications. § 9.06 § 9.04 Payments required pursuant to Decisions, Awards, or Settlements under land described in section 2(3)(A); and (a) Definitions. (2) subject to subsection (c), consideration in ..... section 415(a) of the Act. Whenever a final decision or award pursu- an amount equal to the fair market value of the (3) For purposes of section ƒ9.04≈ 9.02, the ant to sections 405(g), 406(e), 407, or 408 of the building described in section 2(3)(B), as deter- term proceeding means the complaint and Act, or an approved settlement pursuant to mined based on an appraisal of the building hearing proceeding under section 405 of the section 414 of the Act, require the payment that is acceptable to the Administrator. (c) CREDITS.—In lieu of all or a portion of the CAA, an appeal to the Board under section of funds pursuant to section 415(a) of the Act, amount of consideration for the building de- 406 of the CAA, a pre-election investigatory the decision, award, or settlement shall be scribed in section 2(3)(B), the Administrator may hearing under section 220 of the CAA, and submitted to the Executive Director to be accept as consideration for the conveyance of any other proceeding of the Office estab- processed by the Office for requisition from the building under subsection (b)(2) any credits lished pursuant to regulations issued by the the account of the Office of Compliance in or waivers against lease payments, amounts ex- Board under the CAA. the Department of the Treasury, and pay- pended by the County under facility mainte- ..... ment. No payment shall be made from such nance agreements, or other charges for the con- account until the time for appeal of a deci- (b) Prohibited Ex Parte Communications and tinued occupancy or use by the Federal Govern- sion has expired. Exceptions. ment of the building. ƒ§ 9.07≈ § 9.05 Revocation, Amendment or (2) The Hearing Officer or the Office may (d) RESTRICTIONS ON USE.—The deed for the initiate attempts to settle a matter informally Waiver of Rules. conveyance of the Courthouse to the County (a) The Executive Director, subject to the at any time. The parties may agree to waive under this Act shall include a covenant that approval of the Board, may revoke or amend the prohibitions against ex parte communica- provides that the Courthouse will be used for these rules by publishing proposed changes tions during settlement discussions, and they public use purposes. in the Congressional Record and providing may agree to any limits on the waiver. (e) COSTS OF CONVEYANCE.—The County shall —Renumber subsequent paragraphs in sub- for a comment period of not less than 30 be responsible for paying— section— days. Following the comment period, any (1) the costs of an appraisal conducted under ƒ§ 9.05≈ § 9.03 Informal Resolutions and Set- changes to the rules are final once they are subsection (b)(2); and tlement Agreements. published in the Congressional Record. (2) any other costs relating to the conveyance (b) The Board or a Hearing Officer may of the Courthouse under this Act. (b) Formal Settlement Agreement. The parties waive a procedural rule contained in this may agree formally to settle all or part of a (f) PROCEEDS.— Part in an individual case for good cause (1) DEPOSIT.—Any net proceeds received by disputed matter in accordance with section shown if application of the rule is not re- the Administrator as a result of the conveyance 414 of the Act. In that event, the agreement quired by law. under this Act, as applicable, shall be paid into shall be in writing and submitted to the Ex- the Federal Buildings Fund established under ecutive Director for review and approval. f section 592 of title 40, United States Code. The settlement is not effective until it has CLIFFORD P. HANSEN FEDERAL (2) EXPENDITURE.—Amounts paid into the been approved by the Executive Director. If COURTHOUSE CONVEYANCE ACT Federal Buildings Fund under paragraph (1) the Executive Director does not approve the shall be available to the Administrator, in settlement, such disapproval shall be in writ- amounts specified in appropriations Acts, for ex- ing, shall set forth the grounds therefor, and ALBUQUERQUE, NEW MEXICO, penditure for any lawful purpose consistent shall render the settlement ineffective. FEDERAL LAND CONVEYANCE ACT with existing authorities granted to the Admin- (c) Requirements for a Formal Settlement istrator. Agreement. A formal settlement agreement Mr. BROWN. Madam President, I ask (g) ADDITIONAL TERMS AND CONDITIONS.—The requires the signature of all parties or their unanimous consent that the Senate Administrator may establish such additional designated representatives on the agreement proceed to the immediate consider- terms and conditions with respect to the convey- document before the agreement can be sub- ation of Calendar No. 423, S. 1934, and ance under this Act as the Administrator con- mitted to the Executive Director for signa- Calendar No. 418, S. 898 en bloc. siders to be appropriate to protect the interests ture. A formal settlement agreement cannot The PRESIDING OFFICER. Without of the United States. be submitted to the Executive Director for signature until the appropriate revocation objection, it is so ordered. The Senate proceeded to consider the periods have expired. A formal settlement The Senate proceeded to consider the bill (S. 898) to authorize the Adminis- agreement cannot be rescinded after the sig- bill (S. 1934) to direct the Adminis- trator of General Services to convey a natures of all parties have been affixed to trator of General Services to convey parcel of real property in Albuquerque, the agreement, unless by written revocation the Clifford P. Hansen Federal Court- New Mexico, to the Amy Biehl High of the agreement voluntarily signed by all house back to Teton County, Wyoming, School Foundation. parties, or as otherwise permitted by law. which had been reported from the Com- Mr. BROWN. Madam President, I ask (d) Violation of a Formal Settlement Agree- mittee on Environment and Public unanimous consent that the amendment. If a party should allege that a formal settlement agreement has been violated, the Works, with an amendment to strike ment to S. 1934 be agreed to, the bills, issue shall be determined by reference to the all after the enacting clause and insert as amended if amended, be read a third formal dispute resolution procedures of the in lieu thereof the following: time and passed en bloc, and that the agreement. Parties are encouraged to in- S. 1934 title amendment to S. 1934 be agreed clude in their settlements specific dispute SECTION 1. SHORT TITLE. to, and that the motions to reconsider resolution procedures. If the ƒparticular≈ This Act may be cited as the ‘‘Clifford P. Han- be considered made and laid upon the formal settlement agreement does not have sen Federal Courthouse Conveyance Act’’. table. a stipulated method for dispute resolution of SEC. 2. DEFINITIONS. The PRESIDING OFFICER. Without ƒ ≈ an alleged violation of the agreement , the In this Act: objection, it is so ordered. Office may provide assistance in resolving (1) ADMINISTRATOR.—The term ‘‘Adminis- The committee amendment in the the dispute, including the services of a medi- trator’’ means the Administrator of General ator as determined by the Executive Direc- nature of a substitute was agreed to. Services. The bill (S. 1934), as amended, was or- tor. ƒthe following dispute resolution proce- (2) COUNTY.—The term ‘‘County’’ means dure shall be deemed to be a part of each for- Teton County, Wyoming. dered to be engrossed for a third read- mal settlement agreement approved by the Ex- (3) COURTHOUSE.—The term ‘‘Courthouse’’ ing, was read the third time, and ecutive Director pursuant to section 414 of the means— passed.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.064 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5461 The title amendment was agreed to, (f) DEADLINE.—The conveyance of the Fed- ate completes its business today, it ad- as follows: eral land under this Act shall occur not later journ until 9:30 a.m. on Wednesday, Amend the title so as to read: ‘‘A bill to di- than 3 years after the date of enactment of September 10, 2014; that following the rect the Administrator of General Services this Act. prayer and pledge, the morning hour be to convey the Clifford P. Hansen Federal f deemed expired, the Journal of pro- Courthouse to Teton County, Wyoming.’’. EXPRESSING CONDOLENCES TO ceedings be approved to date, and the The bill (S. 898) was ordered to be en- THE FAMILIES OF JAMES FOLEY time for the two leaders be reserved for grossed for a third reading, was read AND STEVEN SOTLOFF their use later in the day; and that fol- the third time, and passed, as follows: lowing any leader remarks, the Senate Mr. BROWN. Madam President, I ask S. 898 resume consideration of the motion to unanimous consent that the Senate Be it enacted by the Senate and House of Rep- proceed to S.J. Res. 19 postcloture; fur- resentatives of the United States of America in proceed to the immediate consider- ther, that at 2 p.m. all postcloture time Congress assembled, ation of S. Res. 538, submitted earlier be considered expired and the Senate SECTION 1. SHORT TITLE. today. proceed to vote on the motion to pro- This Act may be cited as the ‘‘Albu- The PRESIDING OFFICER. The ceed. querque, New Mexico, Federal Land Convey- clerk will report the resolution by The PRESIDING OFFICER. Without ance Act of 2013’’. title. objection, it is so ordered. SEC. 2. DEFINITIONS. The legislative clerk read as follows: f In this Act: A resolution (S. Res. 538) expressing the (1) ADMINISTRATOR.—The term ‘‘Adminis- condolences of the Senate to the families of PROGRAM trator’’ means the Administrator of General James Foley and Steven Sotloff, and con- Mr. BROWN. Madam President, we Services. demning the terrorist acts of the Islamic (2) FEDERAL LAND.—The term ‘‘Federal State of Iraq and the Levant. expect a voice vote on the motion to land’’ means the real property located in Al- proceed to the constitutional amend- buquerque, New Mexico, that, as determined There being no objection, the Senate ment on campaign finance reform. by the Administrator, subject to survey, gen- proceeded to consider the resolution. Shortly after 2 p.m., we expect a roll- erally consists of lots 12 through 19, and for Mr. BROWN. Madam President, I ask call vote relative to the paycheck fair- the westerly boundary, the portion of either unanimous consent that the resolution ness bill. lot 19 or 20 which is the outside west wall of be agreed to, the preamble be agreed the basement level of the Old Post Office to, and the motions to reconsider be f building, and which has a municipal address made and laid upon the table, with no ORDER FOR ADJOURNMENT of 123 Fourth Street, SW, in Block 18, New Mexico Town Company’s Original Townsite, intervening action or debate. Mr. BROWN. Madam President, if Albuquerque, New Mexico. The PRESIDING OFFICER. Without there is no further business to come be- (3) FOUNDATION.—The term ‘‘Foundation’’ objection, it is so ordered. fore the Senate, I ask unanimous con- means the Amy Biehl High School Founda- The resolution (S. Res. 538) was sent that it adjourn under the provi- tion. agreed to. sions of S. Res. 539, as a further mark SEC. 3. CONVEYANCE OF REAL PROPERTY IN AL- The preamble was agreed to. of respect to the memory of the late BUQUERQUE, NEW MEXICO, TO THE (The resolution, with its preamble, is AMY BIEHL HIGH SCHOOL FOUNDA- Senator James M. Jeffords, former TION. printed in today’s RECORD under ‘‘Sub- United States Senator for the State of (a) CONVEYANCE.—Notwithstanding any mitted Resolutions.’’) Vermont, following the remarks of other provision of law, not later than 90 days f Senator RUBIO. And a special mention: after the date of enactment of this Act, the RELATIVE TO THE DEATH OF My chief of staff, Mark Powden, who Administrator shall offer to convey to the used to be the chief of staff for Senator Foundation, by quitclaim deed, all right, JAMES M. JEFFORDS, FORMER title, and interest of the United States in UNITED STATES SENATOR FOR Jeffords, gave a eulogy at his funeral and to the Federal land. THE STATE OF VERMONT and had immense respect for the late (b) CONSIDERATION.—As consideration for Senator from Vermont. conveyance of the Federal land under sub- Mr. BROWN. Madam President, I ask The PRESIDING OFFICER. Without section (a), the Administrator shall require unanimous consent that the Senate objection, it is so ordered. the Foundation to pay to the Administrator proceed to the consideration of S. Res. The Senator from Florida. consideration in an amount equal to the fair 539, which was submitted earlier today. f market value of the Federal land, as deter- The PRESIDING OFFICER. The mined based on an appraisal that is accept- clerk will report the resolution by CONGRATULATING BOOKER T. able to the Administrator. title. WASHINGTON HIGH SCHOOL (c) COSTS OF CONVEYANCE.—The Founda- tion shall be responsible for paying— The legislative clerk read as follows: Mr. RUBIO. Madam President, I ap- (1) the costs of an appraisal conducted A resolution (S. Res. 539) relative to the preciate the opportunity to speak for a under subsection (b); and death of James M. Jeffords, former United few moments this evening before the (2) any other costs relating to the convey- States Senator for the State of Vermont. Senate adjourns its workday. ance of the Federal land under this Act. There being no objection, the Senate I begin with a couple points of per- (d) PROCEEDS.— proceeded to consider the resolution. sonal privilege. One is to congratulate (1) DEPOSIT.—Net proceeds received under subsection (b) shall be paid into the Federal Mr. BROWN. Madam President, I ask a local high school in Miami, FL, by Buildings Fund established under section 592 unanimous consent that the resolution the name of Booker T. Washington. of title 40, United States Code. be agreed to, the preamble be agreed This is a school which has now won 29 (2) EXPENDITURE.—Amounts paid into the to, and the motions to reconsider be consecutive games. They were the na- Federal Buildings Fund under paragraph (1) laid upon the table with no intervening tional champions last year in high shall be available to the Administrator, in action or debate. school football, and I think they are amounts specified in appropriations Acts, for The PRESIDING OFFICER. Without headed to that again this year. expenditure for any lawful purpose con- objection, it is so ordered. But what really impresses me about sistent with existing authorities granted to the Administrator, except that the Adminis- The resolution (S. Res. 539) was this program is the work they do with trator shall provide to the Committee on agreed to. these young men. These young men Transportation and Infrastructure of the The preamble was agreed to. come from a very challenging part of House of Representatives and the Committee (The resolution, with its preamble, is Miami, of Overtown, and have really on Environment and Public Works of the printed in today’s RECORD under ‘‘Sub- overcome tremendous obstacles in Senate 30 days advance written notice of any mitted Resolutions.’’) their personal lives to achieve both in expenditure of the proceeds. f the classroom and on the field. (e) ADDITIONAL TERMS AND CONDITIONS.— What I am most impressed about, as The Administrator may require that any ORDERS FOR WEDNESDAY, I tell Coach Harris every time I get to conveyance under subsection (a) be subject SEPTEMBER 10, 2014 to such additional terms and conditions as see him, is that it is not the kind of the Administrator considers appropriate to Mr. BROWN. Madam President, I ask football players he has made them—be- protect the interests of the United States. unanimous consent that when the Sen- cause they are excellent—but the kind

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.097 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE S5462 CONGRESSIONAL RECORD — SENATE September 9, 2014 of young men they are becoming. I people are facing, they are pervasive tender. They never made a lot of think they are worthy of congratula- and they are real. We see that the 21st money. Yet they achieved the Amer- tions. century has brought extraordinary and ican dream. I was at their game on Friday rapid change to our lives. The economy The American dream has never been against another very good team from that once produced millions of jobs about how much money you make or South Florida, both ranked in the top which allowed people to make it to the how many things you own; it is about 10 nationally in high school. I assure middle class and achieve that Amer- achieving happiness. For them, achiev- my colleagues from States such as ican dream—many of those jobs have ing happiness was giving us the chance California and Texas that while their been outsourced. They are automated. to do all the things they never could, football is good, our football is special. They have gone away. and they were able to do that in the Enough bragging on them. They are a Millions of people who have worked 20th century in service sector jobs. great team, and we are fortunate to be their entire lives are now struggling to That is still possible in America for able to witness what they have been find a job that allows them to keep many people, but it is increasingly able to do over the last couple of years. pace with the cost of living. People are more difficult. I wish we would address REMEMBERING STEVEN SOTLOFF stuck in low-wage jobs, and I will have that because the reason it has become The second point, which is related to more to say about that later this week. more difficult is because almost all the my comments here in a moment, is to- People are working for $9 or $10 an higher paying jobs of the 21st century ward the family of Steven Sotloff, who hour and cannot make ends meet, espe- require some sort of advanced skill ac- lost his life tragically in the Middle cially when the cost of living continues quisition, and millions of our people East over the last few days. We are all to rise in every facet of our lives. simply don’t have it. The reason is be- familiar with that horrific tale. We have students who have gone to cause our educational system is not a Steven actually lived in Miami, FL, school, graduated with a degree, have 21st-century one. Why have we stig- with his family literally blocks away done everything they were told they matized vocational education in Amer- from where I go to church, literally needed to do to succeed, and now can- ica? Why have we told people that if blocks away from where I live. He was not find a job with the degree they they want to be an electrician or a a member of our community. sought, but they potentially owe tens plumber or a truckdriver or a welder or As I said last week at his memorial of thousands of dollars in student any other number of vocational profes- service, Steven had dedicated his life loans—an issue I am both sensitive to sions—why have we stigmatized that to revealing the suffering and the re- and familiar with because I myself when we know there are jobs available ality of what was happening in some of owed well over $100,000, including on in those fields and we need people to the most dangerous areas of the world. the day I swore into the Senate. This is fill them? And while he lost his life tragically, I a real strain on people. The second issue is, what about the think it is both ironic and appropriate Whatever it may be, there are mil- people trapped in those low-paying that in his last act, as he lost his life lions of Americans who are starting to jobs—the single mother who works as a he revealed the true nature of what we doubt whether that fundamental prom- home health aide for $10 an hour, the confront in that part of the world and ise of America—that if they work hard, receptionist at a law firm making $11 the true nature of the Islamic State, they can get ahead and achieve happi- an hour, the people working in a fast who they are, and what they are all ness as they define it—is still true. We food restaurant for $9 an hour? There is about. This was a young man who, as I understand the reasons why, and this is nothing wrong with those jobs, but I said, dedicated his life not just to jour- something we need to address, and we am sure that as time goes on they want nalism but to journalism in the most address it by addressing the core chal- more, and we have to equip them with dangerous part of the world and in so lenges of our time, which are not the the skills to be able to do more so that doing was able to bring that reality to different issues I heard thrown around the home health aide can become an us even in the last moments of his life. here today. ultrasound technician or a dental hy- CONSTITUTIONAL AMENDMENT The core challenges of our time are gienist not making $12 an hour but Intriguing, of course, is the debate that, first and foremost, the nature of making $30 an hour, so that the young which has occurred here over the last our economy has changed rapidly. man who is on the unemployment line couple of days on this very interesting America faces more global competition can become a welder or a building spe- political matter. There is a lot of hy- than ever for investment and for inno- cialist or some other 21st-century ca- perbole being thrown around about the vation. There are more countries than reer or profession that gives him the influence money has on our political ever competing with us for investment skills he needs for those better paying process. I have found there is plenty of and for innovation, and tragically we jobs. I wish we were focused on that. money on both sides of every issue, and haven’t kept pace with that change. We By the way, how about informing our certainly all of my colleagues here, in- still have policies in this country deep- college students about the true value cluding those who support this amend- ly rooted in the last century, in an era of their degrees? In America—a free ment before us, have been the bene- that has come and gone. We continue country—you can study anything you ficiaries of vast amounts of campaign to impose taxes and regulations and a want, but before you borrow $50,000 to spending. In fact, as some of my col- national debt and a health care law and attain a major in Greek philosophy, leagues pointed to earlier, the majority all sorts of other measures that put us you deserve to know that the market of the money being raised and spent in at a competitive disadvantage. for Greek philosophers is tight and political campaigns, including from I wish the No. 1 priority of the Sen- that it is going to be difficult to pay off Wall Street, is on behalf of many of the ate was to make America once again that loan. I think every student in same people who are now here con- the single-best place in the world to in- America who is taking out student demning it. If in fact it is so unseemly, vest and to innovate so we could create loans has the right to know how much as they say, then perhaps they should millions of higher paying 21st-century people make when they graduate from take a unilateral pledge not to accept jobs. their school with that degree so they these sources of funds. Of course they I wish that were our No. 1 priority, can make informed and educated deci- won’t, but it is an interesting dynamic followed closely by our No. 2 priority, sions about whether they should bor- at a time when our Nation faces so which is equipping people with the row money to pay for the specific de- many struggles. skills they need for the jobs of the 21st gree they seek. ECONOMIC CHALLENGES century. It wasn’t that long ago that This is an important issue, and I wish What I hope and wish is that more someone could come to this country or that was our second top priority here, time in this Chamber would be dedi- grow up in this country, not have a lot that we would focus more on how to cated to the issues this country faces, of advanced education, and still make help people trapped in low-paying jobs, the ones that threaten our status as a it to the middle class. My parents did how to help people who are struggling special and unique nation. it. They worked service sector jobs. My with the challenges of the 21st century, When we look across the country mother was a maid and a cashier at ho- how to help these people acquire the today at the economic challenges our tels, and my father was a banquet bar- skills they need for better paying jobs.

VerDate Mar 15 2010 08:33 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.100 S09SEPT1 emcdonald on DSK67QTVN1PROD with SENATE September 9, 2014 CONGRESSIONAL RECORD — SENATE S5463 We have seen virtually no conversa- Washington, DC, and impede action on they are replete with foreign fighters, tions about those two issues here in the this matter. including thousands of foreign fighters last few days. In Europe we see chaos too. Russia that have visa waiver passports from No wonder people are disgusted with has invaded Ukraine. Maybe they countries where all they have to do is Washington. We don’t spend any time switched uniforms and have lied about buy a plane ticket to come to the here talking about what they are wor- it, but they have invaded Ukraine, and United States. Among those, by the ried about. We spend very little time NATO has been helpless to do anything way, are Americans, including one who talking about what they are concerned about it. I hope we will be more force- is from Florida who even came back to about. Our discourse in this body is so ful in our response because the impli- the United States for a number of irrelevant to their daily lives that they cations not just for that region but for weeks and then returned and conducted have reason not just to be disgusted the world are very significant. a suicide attack on behalf of this with politics but quite frankly to be But the one I want to close on to- group. tempted to give up on us and our abil- night is focused on—and this relates to Last but not least, they control terri- ity to address any of these challenges. Steven Sotloff, as discussed a moment tory. We know that in order to carry WORLD EVENTS ago—what is happening with ISIL. out the 9/11 attacks Al Qaeda needed a There is a third 21st-century chal- Tomorrow night I believe the Presi- safe haven in parts of Afghanistan. lenge and one I hope to speak about in dent will give the most important ad- These folks in the Islamic State—these the moments I have remaining; that is, dress of his Presidency—perhaps the lunatics—control a vast space. Most of the reality that world events have an most important address of any Presi- northern Syria and vast portions of impact on us greater than ever before. dency in the last decade. Tomorrow Iraq are under their control. This I am not saying world events never night I hope he comes before the Amer- makes this group very significant and used to matter. Of course they did. But ican people and explains to them what dangerous with intentions not just on we are increasingly members of a grow- is truly at stake. I was about to say taking over Iraq but dominating the ing global economy, which means that that I thought he should have done this region, ultimately moving into Jordan, today when there is instability on this weeks ago, maybe months ago, but I Saudi Arabia, Lebanon, and other planet, it isn’t just our national secu- am glad he is doing this. places, and conducting attacks against rity that is threatened, it is our eco- I would ask my Republican col- the United States. nomic security as well. leagues—all of my colleagues—that at It is simple. ISIL cannot fulfill its re- We are 6 percent of the world’s popu- this time of such critical national secu- gional ambitions if it doesn’t drive the lation. In order to achieve more pros- rity importance, we try as much as United States out of the Middle East, perity, we have to sell more things to possible to rally behind our efforts to and the only way they can draw us out more people everywhere in the world. address this challenge because it is a of the Middle East is by terrorizing us But that depends on peace and sta- real challenge. If and when this group out of the Middle East. To terrorize us bility across the planet, and we can’t comes after the United States, both they will have to conduct terrorist at- have peace and stability when the around the world or here at home, they tacks against us both abroad and here world is in chaos. So I would say today will not be coming after Republicans in the homeland. Here we have the that foreign relations and foreign pol- and they will not be coming after most well-funded, most capable ter- icy matter more from an economic per- Democrats; they will be coming after rorist group in modern history with a spective than they ever have in the his- Americans; the threat we face is real. clear intention and desire to attack us tory of this Nation. I wish there were We have a tradition in this govern- in order to terrorize us out of the re- more focus in this body on what is hap- ment of rallying together and acting in gion. This is a very serious national se- pening all over the world because the a nonpartisan way when it comes to curity threat, and it is important for world is in total chaos. national security. That is not just the President to clearly explain that to In the Asia-Pacific region, China is something we do because it is polite; it our fellow Americans. undergoing a dramatic modernization is something we must do because unity The second thing I hope we will do is of its military capabilities—increas- is important in order to address these outline a clear goal about what we in- ingly challenging, for example, U.S. air challenges. tend to achieve and that goal should be power in the region and increasingly I have been critical of the President. unequivocal: the complete defeat and acting out on illegitimate territorial I have been critical of the slow re- annihilation of ISIL. That goal is ac- claims. sponse. I think it is valid to point out complished in three steps: first, by In Latin America we have seen an the mistakes he has made so we can stopping their continued spread; sec- erosion of democratic order, the rise of learn and so he can be held account- ond, by eroding their capability and antidemocratic governments that able. But I also think it is important to control of territory; and ultimately by threaten to erode almost two decades look forward at what we can do now. defeating them as an organization—by of democratic progress in the region. While I thought that what the Presi- eliminating them as an organization. By the way, in this body we have en- dent is about to do he should have done So after he has outlined who this deavored to address one of those chal- weeks and months ago, I am glad he is group is and why it is in our national lenges in Venezuela—an outrage, a finally doing it. Tomorrow night’s ad- interest to defeat them and he has out- place full of corruption and human dress to the Nation is an important lined his goal to defeat them, I hope rights violations, an anti-American one. I hope all Americans tune in. the President will explain to the Amer- government that does everything pos- Here are the three points I hope the ican people in as much detail as possible to undermine us and our inter- President will make: First, I hope he sible—and clearly there are things he ests, not just the interests of their own clearly outlines to our fellow Ameri- cannot share for operational security people. We have been blocked in our ef- cans what is at stake here. ISIL is not purposes—but in as much detail as pos- forts to address it because somehow just a collection of crazy terrorists. It sible how he intends to defeat them. the Venezuelan Government, acting is the single most dangerous terrorist I think this is a multi-faceted proc- through CITGO—a wholly owned com- challenge this Nation has ever faced. ess, but it should include the continued pany of the Venezuelan Government— We faced some dangerous terrorists be- air strikes in northern Iraq. Air strikes got lobbyists to come here to the Sen- fore. We are familiar with Al Qaeda and are most successful when they are done ate and lobby for blockage and stop- their capability. We are familiar with in coordination with Kurds and Iraqi page of a measure we were ready to some of the nation-states we faced ground forces there on the ground pass by unanimous consent. down in the past. now—by continuing to supply and So I come to the floor to ask the ma- This group is uniquely dangerous for equip the Kurds by giving them jority leader to please schedule a vote a number of reasons. First, it is by far logistical support they need in order to on these sanctions on Venezuela be- the best funded terrorist operation per- take on the supplies and get them out cause it will pass overwhelmingly. Do haps in all of human history. They are to the troops by hopefully working not allow lobbyists for the Venezuelan generating millions of dollars a day with the new Iraqi government that Government to be able to come to alone just from oil revenue. Second, was just formed to stand as a unified

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It is important for us and for We also need more cooperation from group left behind, then all you are our future. Arabs in the region because they are doing is replacing ISIL with al-Nusra I will make one more point about immediately threatened. They are or some other radical Islamic group on why this is the most important speech coming after the Crown in Saudi Ara- the ground there. So it is important that the President will give. Because bia; they are coming after the Crown in that we do both. this threat will probably outlive his Jordan. They are eventually going to I know no one wants to get into an- Presidency. We have to be prepared for move into Lebanon as well. They pose other conflict. We have no choice. We the fact that ISIL may not be defeated a real and present threat to all the na- are going to have to deal with ISIL. in 24 months, that the next President tions in this region and they must act. The choice is not whether we deal with of the United States and many of us— We need their cooperation both mili- them. The choice is do we deal with whether it is serving here, whether it is tarily and diplomatically but also by them now while they are still growing controlled by Republicans or Demo- using the megaphone that the govern- or do we deal with them later when crats—will have to remain committed ment and state-run media provides to they have grown and when they have to this goal, because this threat in all stigmatize this group by revealing controlled vast and larger territories likelihood will outlive the Presidency them for who they truly are. There than they do now, when they have of Barack Obama. It is important for should be nothing romantic about ISIL more fighters and are better funded. him to put in place a clear goal and a in the minds of any Arab, about joining That is the choice before us. plan that can survive his Presidency so their ranks or their efforts. We need I submit to you that I know of no that we can carry out this task. It is the government’s help in spreading medical condition that is easier to critical for our country. treat later rather than earlier. Every that word and revealing that reality. I wish the President the best on his By the way, we also need to work medical condition that I know—ISIL address tomorrow, and I hope we can with them and other regional govern- has been compared to cancer—every come together in a bipartisan way to ments—especially the Turks—to help cancer that I know is easier to treat if confront and defeat this evil before it cut off ISIL’s access to funds and to you catch it earlier rather than later. I is too late. fighters. The Turks need to step up and would say this is true with this cancer, Madam President, I yield the floor. do a better job of securing that border. ISIL. If we deal with them sooner, it Cutting off their funds requires us to will not be costless or fast, but it will f go after their most significant source be easier to deal with them then, than of funds and that is the refinery capac- if we wait until later. But to do so will ity in Syria. I will have more to say ultimately require someone to con- ADJOURNMENT UNTIL 9:30 A.M. about that in a moment. We should front them and defeat them within TOMORROW target that because the black market Syria itself, and defeating them in The PRESIDING OFFICER. Under sale of oil in Syria is the single and Syria alone is not enough. We have to the previous order, the Senate stands fastest growing source of revenue for ensure that there is some group there adjourned until 9:30 a.m. tomorrow ISIL, but it is also a fuel for their ter- on the ground, some moderate rebel under the provisions of S. Res. 539, as a rorist operations. force that can take over not just from further mark of respect to the memory But ultimately there is no way to de- them but from the Assad regime. of the Honorable James M. Jeffords. feat ISIL without defeating them in There is collusion between Assad and Thereupon, the Senate, at 6:53 p.m., Syria. Someone is going to have to ISIL. The refineries that ISIL controls adjourned until Wednesday, September confront them in Syria and defeat in Syria are former Assad refineries 10, 2014, at 9:30 a.m.

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CELEBRATING FORT BRAGG’S means so much to the history of the United TEXAS TOWNS PAUL BUNYAN DAYS 75TH ANNI- States. VERSARY As the Daughters of the American Revolu- HON. TED POE tion have stated, the purpose of this celebra- OF TEXAS HON. JARED HUFFMAN tion is to emphasize citizens’ responsibilities IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA for protecting and defending the Constitution, inform people that the Constitution is the basis Tuesday, September 9, 2014 IN THE HOUSE OF REPRESENTATIVES for America’s great heritage, and encourage Mr. POE of Texas. Mr. Speaker, one of the Tuesday, September 9, 2014 the study of the historical events which led to best things about Texas is the fact that Texas Mr. HUFFMAN. Mr. Speaker, it is my pleas- the framing of the Constitution in September towns each have their own unique history. ure to recognize the Paul Bunyan Days in Fort 1787. There are hundreds of stories about towns Bragg, California, on the event of its 75th An- Mr. Speaker, we are, and have been from and their colorful past and the settlers who niversary August 29, Sunday, through Sep- our birth, a nation that guarantees our citizens’ founded them. However, the most interesting tember 1, 2014. very basic rights. And our government, as its part of their unique history is how each town For seventy-five years, the citizens of Fort very core function, is supposed to keep these received its name. Bragg have celebrated and honored the his- rights secure. Our government does not create A notable example is Gun Barrel City that tory of the community and its foundation in its own powers. Our government only gets its picked up its name in the 1920s prohibition logging. The first celebration of Paul Bunyan, powers from the citizens’ consent. That is why era. The secluded area in North Texas was a giant lumberjack in American Folklore, was our Constitution is so important. also one of the hideouts for Bonnie and Clyde. held in the year 1939. As the economy and So on this Constitution Week, I encourage Apparently, a moonshiner living on the main culture of the coast continue to change, this all Americans to take time to read our nation’s road to the remote area sat in his front room three-day celebration will continue to honor Constitution and refresh our minds to the leg- with a shotgun barrel sticking out of the win- the town’s roots, history, and traditions. acy of the document on which our nation’s dow, watching for Federal Revenuers and With the dedication of its residents, Fort government is rooted. Texas lawmen. Thus, came the name Gun Bragg’s Paul Bunyan Days will surely continue Barrel City. to be a wonderful celebration for the entire f Dime Box was first called Brown’s Mill in the family. Please join me in expressing hearty 1860s. Since there was no Postal Service, HONORING DR. JASON TAYLOR congratulations to Fort Bragg’s Paul Bunyan settlers would leave mail in a wooden box at SNODGRASS Days on the occasion of the festival’s 75th an- the mill with a dime. Old Man Brown would niversary. then take the letters (and dimes) then go 15 f HON. SAM GRAVES miles away to the official post office in OF MISSOURI Giddings and pick up mail for the community. RECOGNIZING THE NATIONAL SO- IN THE HOUSE OF REPRESENTATIVES When the Post Office eventually appeared, it CIETY OF THE DAUGHTERS OF made the community change its name. The Tuesday, September 9, 2014 THE AMERICAN REVOLUTION’S concern was that Brown’s Mill sounded too CONSTITUTION WEEK Mr. GRAVES of Missouri. Mr. Speaker, I much like Brownsville; naturally they could not proudly pause to recognize the outstanding have that. So, they decided on Dime Box. Not HON. BRADLEY BYRNE achievement of Dr. Jason Taylor Snodgrass of to be outdone, by the ‘‘10 cent town,’’ there is OF ALABAMA Independence, Missouri. Dr. Snodgrass is the a Nickel, Texas. IN THE HOUSE OF REPRESENTATIVES principal of Fort Osage High School in Inde- Notrees, which you can guess by its literal pendence, Missouri, and has been selected by name, is obviously in barren west Texas. It re- Tuesday, September 9, 2014 the Missouri Association of Secondary School ceived the name when the only tree in the Mr. BYRNE. Mr. Speaker, I rise today to Principals as the 2014 Missouri High School area was cut down for an oil and gas drilling highlight an important occasion, National Con- Principal of the Year. This prestigious award boom in the 1940s. stitution Week. The important designation was recognizes Dr. Snodgrass’s ability to excel in There are many more such places in Texas made official by President Dwight Eisenhower the ever-demanding role of principal in all as- with odd names, such as Hoop and Holler in on August 2, 1956 at the urging of the Na- pects of education. nearby Liberty County. The list goes on, in- tional Society of the Daughters of the Amer- Dr. Snodgrass is a major contributing factor cluding towns like: Salty, Oatmeal, Earth, Mos- ican Revolution (DAR). to the increasing success students are finding cow, Turkey, Tarzan, Ding Dong, Happy, Constitution Week is celebrated every year at Fort Osage High School. His results-driven Paris, Bigfoot, Muleshoe, and Hogeye. during the week of September 17–23. The leadership has seen an increase in the aver- My all-time favorite is Cut and Shoot, Texas, week-long celebration commemorates Amer- age ACT score and a 10% increase in ACT close to Conroe. There are several versions of ica’s most important and oldest living docu- participation. His mantra, ‘‘Here at Fort Osage, how it got its name, but the one that seems ment. It has grown and evolved slightly over we do things a little bit better!’’ has built up the most credible comes from The History of the years, but the Constitution has always school spirit and pride while empowering the Montgomery County, by William Harley been a symbol of freedom for the United students of Fort Osage High School into be- Gandy, whose family members witnessed this States, as well as people around the world. lieving in themselves and their own future. Dr. story firsthand. According to Gandy, the fol- I am especially proud of the work done by Snodgrass is a true asset to the Fort Osage lowing happened 112 years ago: the Ecor Rouge Chapter of the Daughters of School District with his commitment to stu- The homesteaders in this area were a God- the American Revolution in Baldwin County, dents, relationship building and long-range fearing community of a couple hundred. They Alabama, to bring attention to our nation’s goals for students, teachers and Fort Osage erected a community church/school for almost most important governing document during High School. all denominations to use, including the Meth- Constitution Week. Mr. Speaker, I ask that you join me in ap- odists, Missionary Baptists, and Hard Shell Constitution Week not only celebrates this plauding Dr. Jason Taylor Snodgrass’s out- Baptists. However, they prohibited the Mor- iconic document, but also encourages citizens standing professionalism and commitment to mons and Apostolics from using the building. to take the time to read and learn about the educating the American youth. I join with Dr. All went well with the different religious document and reflect on what values it em- Snodgrass’s colleagues, family, friends, and groups until an out-of-towner of the Apostolic bodies as a primary symbol of freedom and students in congratulating him on his out- faith showed up ready to preach to the local patriotism. This week encourages reflection standing achievement, and wish him good luck sinners at the church house. Pastor Stamps and celebrates our founding document which in his future endeavors. was welcomed by some, but not by others.

∑ 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 Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09SE8.001 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1360 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 Soon the community was divided into two Department. He served the police department academy nominations helped many students groups: the ‘‘Let him Preach’’ group and the with honor and distinction for 28 years, suc- navigate the applications process in hopes of ‘‘He Aint Preaching’’ group. The two groups cessfully moving through the ranks to the posi- serving the country. agreed to vote on it and set a meeting for tion of Chief of Police. In addition to his work Val served as my trusted representative in Sunday morning, July 21, 1912. Someone with the police department, Chief Philpott many community events where she was al- locked the door of the meeting house, likely to served his community as a Special Assistant ways regarded for her professional and keep the Preacher from preaching. Word got to the Pasadena City Manager and Director of thoughtful manner. Her expertise and personal around that the door to the church was locked. Northwest Development, commander of the flair in the creation of hundreds of certificates Those who sided with Stamps vowed to break Pasadena Fire Department’s Support Services of recognition over the years, and more re- the doors down. So, both sides sent ‘‘Paul Re- Division, as well as teaching classes at Pasa- cently, CONGRESSIONAL RECORD statements, vere riders’’ throughout the town, telling them dena High School and Pasadena City College. were greatly valued by the many recipients of to bring their firearms to the scheduled Sun- He received several awards including the these honors. Revered for her strong work day church meeting. Community Ethics Award from the Glendale ethic, command of the written language, com- On Sunday morning, both sides showed up Character and Ethics Project, the Brotherhood petence for managing sophisticated database at the locked church building. Many had not Citation from the National Conference of systems, and wonderful sense of humor, Val only packed a lunch, but they also put their Christians and Jews, and the Pasadena Police has been an invaluable member of my staff in knives and pistols in their wagons just in case Department’s Silver Award of Merit. the State Assembly and the Second Congres- there was trouble. The obvious argument be- After his retirement, in 1991, Chief Philpott sional District and will be missed. tween the two sides erupted, and guns and continued to ardently serve his community The residents of our congressional districts knives were brandished. Unkind words may through political activism and volunteering with are better off today thanks to the work of Val have been uttered as well. numerous organizations. He was known for Raschke. Her commitment to advocating for Eventually, the ‘‘Let him preach’’ (in the being outspoken and tenacious, with a pas- individuals in need of federal assistance is ap- building) crowd backed off. So preacher sion for social justice and advocating for preciated and we wish her continued success Stamps had to preach under a nearby tree. youth, especially related to inequity and pov- in the future. Mr. Speaker, it is appropriate at Later, a makeshift structure was erected for erty. Bruce helped revitalize the northwest this time that we honor and thank Val for her Stamps to preach all summer long under Pasadena community and played a significant many years of invaluable service to the people some shade—but he could not enter the role in the Villa Parke youth boxing program. of Marin and Sonoma counties. church building. He was the co-founder and served on the f However, the churchgoers headed off to board of the Community Non-Violence Re- IN MEMORY OF JONATHAN court the next day. Both sides filed assault source Center, co-founder and Board Presi- FRENCH and disorderly conduct charges on the other dent of Day One, a nonprofit organization fo- with a nearby local Justice of the Peace (JP). cused on addressing issues of drug, alcohol Obscene language charges were alleged as and tobacco abuse in Pasadena area youth, HON. BRETT GUTHRIE well. (I guess unkind words were actually spo- and he developed and facilitated the Partner- OF KENTUCKY ken at the church house by the church goers.) ship Workshop, Healing the Heart of America, IN THE HOUSE OF REPRESENTATIVES When the JP inquired of a witness where A National Cities Conference, in Richmond, Tuesday, September 9, 2014 the altercation took place in the County, a wit- Virginia. In addition, he served on the board of Mr. GUTHRIE. Mr. Speaker, I rise today in ness not knowing the actual location replied directors for the Jackie Robinson Foundation, memory of Jonathan French of Glendale, KY. that it happened at the place of the cutting Pasadena Boys and Girls Club, Pasadena Only 25 years old, Jonathan was killed in a and shooting fight. The name Cut and Shoot Planned Parenthood, Child Health Foundation tragic accident while doing his job as a volun- stuck, and the rest is Texas history. and the Western Justice Center Foundation. teer firefighter. Let it be known that the names of Texas Bruce is survived by his three children, Kris Jonathan’s death represents the first on- towns are not random, but a living symbol of Strong, Kelly Sturgeon and Greg Philpott, his duty firefighter to be killed in the line of duty what once was. They give us Texans a peak brother, Kent Philpott, and his five grand- there since July 1970. The entire Hardin into how life used to be. The names of these children, Dustin, Samantha, Carson, Nicole County community is grieving the loss—a towns represent vivid stories about culture and and Mark. young man who was a son, a brother, a men- community with just a couple of words, all Chief Philpott was an irreplaceable part of tor and a fiance´. adding to the rich history of our great state. our community, and he will be greatly missed. His interests included hunting and rooting And that’s just the way it is. A model public servant and a man of impec- for the University of Kentucky’s basketball f cable character, I ask all members to join me team, but his passion was firefighting. A fellow in remembering Bruce Wayne Philpott. A MEMORIAL TRIBUTE TO BRUCE Glendale volunteer firefighter reiterated that in WAYNE PHILPOTT f an interview with the local paper, The News- RECOGNIZING VALERIE RASCHKE Enterprise. ‘‘He loved keeping the fire trucks clean. He took his firefighting seriously. He HON. ADAM B. SCHIFF was one heck of a good man.’’ OF CALIFORNIA HON. JARED HUFFMAN A dedicated public servant, Jonathan was IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA taken too soon. But his legacy and strong de- Tuesday, September 9, 2014 IN THE HOUSE OF REPRESENTATIVES sire to serve his community will surely continue. I join with Kentucky’s Second District in Mr. SCHIFF. Mr. Speaker, I rise today to Tuesday, September 9, 2014 sending prayers to Jonathan’s family. We will honor the memory of Bruce Wayne Philpott of Mr. HUFFMAN. Mr. Speaker, I rise today to miss him and are thankful for his service. Pasadena, California, former Pasadena Police recognize Valerie (Val) Raschke who is Chief, who passed away on Tuesday, July 29, transitioning from her position as Congres- f 2014, after courageously battling a prolonged sional Representative after serving the district HONORING DR. EDWARD illness. for nearly two years. GETTEMEIER Born in Portland, Oregon on January 8, Val served as District Scheduler and Marin 1944, to Vernon and Zoe Philpott, Bruce grew County Field Representative for California’s HON. SAM GRAVES up in Portland and later, in Sunland, Cali- 6th District State Assembly Office for five OF MISSOURI fornia. A natural athlete, Bruce enjoyed sports, years prior to joining California’s 2nd Congres- IN THE HOUSE OF REPRESENTATIVES especially baseball, hiking and camping, and sional District Office staff at the beginning of fishing trips with his father and his two broth- the 113th Congress. Val’s steadfast devotion Tuesday, September 9, 2014 ers, Kent and Gary. He earned his Bachelor of to the constituents of Marin County and Mr. GRAVES of Missouri. Mr. Speaker, I Science Degree from California State Univer- Sonoma County performing a myriad of as- proudly pause to recognize the outstanding sity Los Angeles and completed graduate signments helped countless individuals achievement of Dr. Edward Gettemeier. Dr. studies at the University of Southern California throughout the region tackle challenging Gettemeier is the principal of Hardin Middle School of Public Administration. issues. With a special attention to veterans’ School in St. Charles, Missouri, and has been As a young man, Bruce became a law en- services, Val worked tirelessly to improve con- selected by the Missouri Association of Sec- forcement officer with the Pasadena Police ditions for others. Her work with the military ondary School Principals as the 2014 Missouri

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09SE8.006 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1361 Middle School Principal of the Year. This pres- BILL SCHWERI Pennsylvania to Louis Andrew Beattie, Sr. and tigious award recognizes Dr. Gettemeier’s abil- Marilynn Beattie. The Beattie family moved to ity to excel in the ever-demanding role of prin- HON. HAROLD ROGERS Ventura, California in 1956, where Andy at- cipal in all aspects of education. OF KENTUCKY tended El Camino Elementary School, Anacapa Junior High School, and Buena High Dr. Gettemeier is a major contributing factor IN THE HOUSE OF REPRESENTATIVES School where he was ASB President, Sopho- to the increasing success students are finding Tuesday, September 9, 2014 more Class President, and a member of the at Hardin Middle School. He has modeled a Mr. ROGERS of Kentucky. Mr. Speaker, I Buena High School Hall of Fame. Andy grad- high-rate work ethic that has permeated rise today to pay tribute to a dear friend of uated from Occidental College in 1975, earn- throughout the school. Through his work, Har- southern and eastern Kentucky, Mr. Bill ing a B.A. in Political Science. He was a de- din has seen a significant increase in access Schweri, upon his retirement as the Director of voted alumnus of Occidental College, serving to technology and developed programs to Federal Relations at the University of Ken- as President of the Alumni Association Board meet the needs of Hardin Middle School’s di- tucky. of Governors and as a member of the Occi- verse student population. Dr. Gettemeier has During his 42 years at the University of Ken- dental College Board of Trustees. Andy had a been a leader on implementing the St. Charles tucky, Bill has been a champion for progress long and successful career in the fashion and School District’s Standards-Based Grading in education, healthcare, and energy research clothing industry, holding the position of Senior and worked with the St. Charles Juvenile Jus- across the state. Behind the scenes of Ken- Vice President of Strategic Partners, Inc., a tice Center to develop a Teen Court system tucky’s highly esteemed flagship university, Bill uniform and apparel company. Because of his for Hardin students. His plan to improve the has been a driving force, seeking out partner- interest and experience in the clothing indus- ABC’s—Academics, Behavior, and Climate— ships, programs and funding to help the most try, he and his wife, Kim, formed a line of pa- have transformed Hardin Middle School. distressed region of the Commonwealth. I’m jamas called Liz & Lauren, named after their certain there is not a single resource that Bill Mr. Speaker, I ask that you join me in ap- eldest daughter, Lauren Elizabeth, an enter- hasn’t researched for the benefit of southern prise of which he was very proud. plauding Dr. Edward Gettemeier’s outstanding and eastern Kentucky. professionalism and commitment to educating Andy was dedicated in both his professional No one knows the value and power of cre- pursuits and his commitment to serving his the American youth. I join with Dr. ating and sustaining long-time partnerships community and our country. On the local level, Gettemeier’s colleagues, family, friends, and quite like Bill. If the University of Kentucky Mr. Beattie was a Public Safety Commissioner students in congratulating him on his out- needed a partner to improve education or ac- for La Canãda Flintridge for six years, playing standing achievement, and wish him good luck cess to healthcare, Bill ensured the connection a significant role in initiating La Canãda in his future endeavors. was secured with his genuine, kind and hum- Flintridge’s new ‘‘Alert LCF’’ emergency notifi- ble approach. Most leaders seek recognition cation system and the city’s Local Hazard Miti- f or credit for their efforts, but that has never gation Plan. He served as president of the La been the case with Bill. Canãda Unified School Board, working to im- HONORING THE LIFE OF HERB His work has lead to exponential growth of prove the educational programs and buildings STOTTLER UK’s research enterprise and jumpstarted new in the La Canãda Flintridge schools, and research initiatives that have enabled the uni- president of the La Canãda High School Spar- versity to be successful in competing for fed- tan Boosters. Andy’s public service extended eral grants and contracts. This riveting sci- HON. TIM RYAN beyond his local community as he spent many entific research on cancer, fossil energy, OF OHIO years volunteering for the White House’s Of- transportation and agriculture is blazing new fice of Advance, a department responsible for IN THE HOUSE OF REPRESENTATIVES trails in every aspect of our everyday life, and coordinating the travel schedules of the Presi- our country—to say nothing of our state—is dent and press corps. Mr. Beattie travelled Tuesday, September 9, 2014 better off for it. He has fought for legislation with President Clinton and President Obama that is important to UK and student financial Mr. RYAN of Ohio. Mr. Speaker, I rise today often, and he visited several nations including aid. Bill has also been a leader in The Science to recognize and remember the life of Herb Iraq, Poland, South Korea, Chile, and India Coalition, and actively involved in the Council Stottler, 79, who passed away on August 30, during his service for the White House. on Governmental Affairs, and the Association 2014, surrounded by those he loved dearly. Andy Beattie is remembered in his commu- of Public and Land Grant Universities. Over nity as a fair, honest, smart, and thoughtful The citizens of Northeast Ohio are hard- the years, he has deservedly gained the ut- person, who ‘‘put family first.’’ He is survived working, honest Americans, and Herb was no most respect of his peers in federal relations. by his wife, Kim Beattie, their three daughters, exception. Herb was a dedicated labor leader, As he departs his post at the University of Sarah, Katherine, and Lauren, his mother, as well as a strong advocate for the Demo- Kentucky, it is my intention to ensure Bill Marilynn, and his brothers, Neil and John. cratic Party. Herb served his nation proudly in Schweri receives the recognition that is due Andy was an exceptional community leader, the United States Marine Corps, where he him, for his tireless efforts on behalf of stu- admired by all as a man of impeccable char- was honorably discharged. Herb also faithfully dents and families across Kentucky, and spe- acter and he will be greatly missed. I ask all devoted himself to his community, where he cifically people living in Kentucky’s Fifth Con- members to join me in remembering Louis An- served as Ward 7 Council for the City of gressional District. We hope he knows he al- drew Beattie, Jr. Akron, before becoming the International Staff ways has the thanks of a grateful Big Blue Na- Representative for the United Steel Workers of tion. f America. Mr. Speaker, I ask my colleagues to join me IN RECOGNITION OF THE FEAST in honoring my friend Bill Schweri as we bid OF THE BLESSED SACRAMENT Herb was preceded in death by his mother, him a joy-filled retirement. Mona; brother, Bob; dear daughter, Debra Leigh; and nephew by marriage, Dave Fritz. f HON. WILLIAM R. KEATING He leaves behind his loving wife of 30 years, A MEMORIAL TRIBUTE TO LOUIS OF MASSACHUSETTS Jan; daughters, Pam and Tonia; grand- ANDREW BEATTIE, JR. IN THE HOUSE OF REPRESENTATIVES daughters, Misty, Rachel (Matt), and Chelcie; Tuesday, September 9, 2014 great-grandsons, Dylan and Sam; brother, HON. ADAM B. SCHIFF Mr. KEATING. Mr. Speaker, I rise today to John (Suzie); nephews, Brian (Jan) and Bob OF CALIFORNIA recognize the 100th Anniversary of the Feast (Kathy); nieces, Christine (David), Kim (Terry), IN THE HOUSE OF REPRESENTATIVES of the Blessed Sacrament, the largest Por- and Jackie; and many great-nieces and neph- Tuesday, September 9, 2014 tuguese feast in the world and one of the larg- ews. Mr. SCHIFF. Mr. Speaker, I rise today to est festivals in New England. I am deeply saddened and extend my con- honor the memory of Louis Andrew Beattie, Jr. Founded in 1915, the Feast recreates the dolences to his entire family. Herb was a of La Canãda Flintridge, California, an out- traditional religious festivals of Portugal and strong and dedicated man, who will be missed standing community leader, who passed away celebrates the safe passage onto American by those whose lives he impacted, because of on Sunday, July 27, 2014. shores. The Feast is often referred to as ‘‘the his dedication and unwavering service, North- Louis Beattie, better known as ‘‘Andy,’’ was Madeira Feast’’ because its roots lie in the tiny east Ohio is a better place. born on February 3, 1953 in Brownsville, mountain and shoreside villages of the island

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K09SE8.005 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1362 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 of Madeira, the ‘‘Pearl of the Atlantic.’’ For the Grande Valley as well as in several other fronted with the decision to either ensure Ser- last 100 years, New Bedford has hosted the states. geant Bergdahl’s safety, or allow him to die in Feast of the Blessed Sacrament, featuring au- Mr. Speaker, I join with our community in enemy captivity, the President decided to act thentic Portuguese food, wine, and music, expressing congratulations and deep gratitude in order to save his life. along with lessons on Portuguese history and to AVANCE for its more than four decades of When we send our brave men and women folklore. exemplary service and dedication to the fami- in the Armed Services onto the field of battle, Today, this historic feast continues to main- lies of Texas. We wish you many more years we send them with the assurance that we will tain its cultural significance to those who wish of success toward fulfilling your mission of never forget their sacrifice, and that we will to honor the Medeira customs. Additionally, it Unlocking America’s potential. leave no man behind. The President has dem- is known to provide endless entertainment to f onstrated true leadership by honoring this the entire New Bedford community. pledge. I do not believe it is appropriate for Mr. Speaker, please join me in congratu- H.R. 5078 AND H. RES. 644 Congress to undermine that leadership, or that lating the town of New Bedford and the Club pledge. Madeirense S.S. Sacramento, Inc., who spon- HON. DAVID N. CICILLINE f sor the feast, for the celebration of the Feast OF RHODE ISLAND TRAFFICKING AWARENESS TRAIN- of the Blessed Sacrament’s 100th anniversary. IN THE HOUSE OF REPRESENTATIVES ING FOR HEALTH CARE ACT OF May this magnificent cultural event continue to Tuesday, September 9, 2014 flourish for many years to come. 2014 Mr. CICILLINE. Mr. Speaker, I strongly op- f pose H.R. 5078, the Waters of the United HON. RENEE L. ELLMERS COMMEMORATING AVANCE’S 40TH States Regulatory Overreach Protection Act of OF NORTH CAROLINA ANNIVERSARY OF EMPOWERING 2014, and had I been present would have IN THE HOUSE OF REPRESENTATIVES FAMILIES voted against the legislation offered by Mr. SOUTHERLAND. Tuesday, September 9, 2014 HON. LLOYD DOGGETT I am concerned that this legislation would Mrs. ELLMERS. Mr. Speaker, today I am in- OF TEXAS prevent both the current and future Adminis- troducing the Trafficking Awareness Training IN THE HOUSE OF REPRESENTATIVES trations from undergoing a rulemaking process for Health Care Act of 2014. This bill will im- to clarify enforcement of Clean Water Act pro- prove the health care system’s ability to recog- Tuesday, September 9, 2014 tections of streams and tributaries around the nize and respond to victims of trafficking by Mr. DOGGETT. Mr. Speaker, I rise today to country. This rulemaking process is necessary providing health care professionals with the honor AVANCE, Inc. and to recognize its 40th to clarify what is now an unclear and con- knowledge and training they need to deal with anniversary of service to families and children fusing set of guidelines as to which waterways this modern day form of slavery. in Texas. This outstanding organization was fall under jurisdiction of the Clean Water Act. We know that the victims of sex and labor founded in 1973 to provide family support The small streams, wetlands, headwaters, trafficking in the United States suffer from services and education to parents. AVANCE and tributaries that are affected by this ruling wide-ranging physical and mental health prob- began in one room of the Mirasol Housing flow into the drinking water of over 117 million lems. In one study, over 87% of these victims Project on the West Side of San Antonio with Americans, support businesses and recre- have sought care from an emergency ward in a handful of families and has grown into a na- ation, and are crucial habitats for wildlife, in- a hospital, a neighborhood clinic, or a family tional organization with sites across the coun- cluding in my home state of Rhode Island. physician. Because of this, these health care try. The Administration has undergone an open professionals are in a unique position to iden- Every day, AVANCE’s staff works tirelessly and transparent process, including a lengthy tify trafficking victims and help them recover. to ‘‘Unlock America’s Potential’’ by strength- public commentary period that is still under- At the same time, we are also discovering ening families in at-risk communities through way, to come up with a rule that more clearly that healthcare providers and professionals re- effective parent education and support pro- defines which waterways are under jurisdiction main unaware of sex trafficking and the role grams. This effort has changed the lives of of the Clean Water Act, in order to protect our that they can play to help them. In fact, even thousands of Texas families, leading the way country’s drinking water supply and waterways when medical personnel think they have iden- for stronger, healthier communities; a sharper from pollution, actions that benefit every Amer- tified a victim, which is only about half the workforce; and increased educational attain- ican. Preventing the Executive Branch from time, they don’t know how to help or are not ment. clarifying this issue jeopardizes the safety of even aware that there are protocols in place to AVANCE has successfully capitalized on waterways across the country. refer them to others for help. This is even parents’ inner strength and innate love for Additionally, I strongly oppose H. Res. 644, more distressing because the medical profes- their children to help them become the best condemning the President for the prisoner ex- sional is probably the one expert most likely to teachers and stewards of their children’s change of five Guantanamo Bay prisoners for encounter a victim at some point during their growth and success. AVANCE works on the Sergeant Bowe Bergdahl, and had I been enslavement. principle that parental education alone is present I would have voted against it. As Although trafficking is demonstrably expen- sometimes not enough; an effective interven- Commander in Chief of the U.S. Military, the sive to our society—and a debilitating public tion must build parents’ resilience, inter- President has a constitutional responsibility to health issue—current federal law does not re- personal connections, networks, and access to protect the lives of U.S. servicemembers, as quire medical care professionals to receive education, jobs and other opportunities. True well as the lives of U.S. citizens abroad. While training regarding the nature and scope of sex parental engagement empowers parents to Members of Congress may not agree with the trafficking in this country. Nor does current law become advocates for their children and fami- President’s decision, a resolution calling his require health care professionals to be trained lies. actions illegal is hardly helpful or useful at this to identify possible trafficking victims, nor how Studies have shown the effectiveness of time. And the fact remains, an American sol- to respond to victims if they are able to iden- AVANCE’s two-generation approach. In an ex- dier is home safely because the President tify them. My bill would take the first nec- ternal study designed to assess whether par- took seriously his constitutional responsibilities essary steps to make this training available. ticipation led to changes in education and to protect American lives. The Trafficking Awareness Training for socio-economic status, results showed that the The decision made by the President was Health Care Act mandates that HHS take AVANCE program has positive effects on fam- made in close consultation with Secretary of steps to develop evidence-based protocols to ilies long after they graduate—especially for Defense Chuck Hagel and Chairman of the recognize and respond to victims of trafficking. the most disadvantaged families. Parents had Joint Chiefs of Staff General Martin Dempsey. It also sets up a comprehensive pilot program dramatic increases in educational attainment, Sergeant Bergdahl had been held prisoner by to test these protocols and determine whether better jobs and home ownership. Taliban forces since 2009. It was determined or not the protocols will actually result in victim Congratulations to AVANCE President and that there was a very narrow window of oppor- identification and rescue. Those protocols that CEO Richard J. Noriega and the AVANCE tunity to ensure his safe return. General are shown to be evidence-based can then be Board of Directors. Today, AVANCE has ac- Dempsey has said that the opportunity to taught to health care professionals as part of tive sites in the Texas cities of San Antonio, make a prisoner exchange for Sergeant their medical and nursing school curriculum. Austin, Houston, Dallas, Fort Worth, El Paso, Bergdahl represented the best and last They can also be included in continuing-edu- Waco, Del Rio, San Juan and in the Rio chance to ensure his freedom. When con- cation modules.

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K09SE8.012 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1363 The U.S. government estimates that more Glenn began a career in education as a The Suttons have four children and three slaves exist today than ever before. Currently, high school teacher and coach, and served as grandchildren including: Loren Sutton Roberts, there are more than 20 million victims of the director of the Southern Illinois Educational wife of Dr. Don Roberts; Elizabeth Sutton; human trafficking worldwide. Yet most Ameri- Service Center. He began his legislative ca- Timothy Sutton; Dr. John Sutton. cans don’t realize that trafficking is also a reer when he was appointed to fill a seat in Mr. Speaker, please join me in thanking huge problem here in the United States. Some the Illinois Senate in 1984. He would rep- Loren and Elouise Sutton for their tireless estimate that as many as 300,000 U.S. chil- resent Southern Illinois in that body until 1988 service in the Lee County community. dren are at risk of sex trafficking each year. when he was elected to the U.S. Congress. We must take action to stop this horrendous Glenn would serve in Congress until 1999 and f danger to our people. The bill I am introducing there are still a number of members who today instructs the Department of Health and served with Glenn in this chamber who con- HONORING THE LIFE OF COLONEL Human Services to work with medical and tinue to count on him as a trusted friend and BEN P. BINGCANG nursing schools to evaluate existing protocols, colleague. and develop new ones to identify and respond Throughout his tenure in Congress, Glenn HON. ANDY BARR to victims of trafficking. It is an appropriate was well known as a champion of working OF KENTUCKY concern for healthcare workers and it is my men and women who stood up for the needs IN THE HOUSE OF REPRESENTATIVES hope that, once health care professionals are of his constituents in Southern Illinois. Glenn Tuesday, September 9, 2014 convinced that the protocols are tested and worked tirelessly to secure job creation, edu- evidence-based, they will welcome the oppor- cational opportunities, health care facilities and Mr. BARR. Mr. Speaker, I would like to take tunity to incorporate them into their medical fair wages. He also led by example on cam- this moment to celebrate the life and share the training so that they can assist the victims and paign finance reform and worked to limit the passing of a dear friend of mine and a de- help them heal. influence of money in politics. Throughout his voted servicemember, physician, husband and f political career, Glenn was known as a fiery father, U.S. Army Colonel Ben P. Bingcang. orator who brought crowds to their feet. By Colonel Bingcang passed away at his home CONSTITUTION WEEK word and deed, Glenn always inspired his in Nicholasville, Kentucky on July 31, 2014 at constituents and instilled optimism and hope. the age of 67 and is survived by his wife, Cor- HON. TOM RICE After retiring from Congress, Glenn returned nelia C. Bingcang of Nicholasville, Kentucky; OF SOUTH CAROLINA to education and his beloved Southern Illinois his three sons, Oliver, Alexander, Christopher; IN THE HOUSE OF REPRESENTATIVES University where he was named vice chan- and a host of family and friends. Tuesday, September 9, 2014 cellor of administration at SIU Carbondale. He We grieve the loss of this great American, but we also celebrate and honor his life and Mr. RICE of South Carolina. Mr. Speaker, I served on the Board of Trustees until 2005, his service to our country. Since receiving his submit the following proclamation: when he resigned to seek the position of Uni- commission in the U.S. Army Reserves with a Whereas: It is the privilege and duty of the versity President, a post he held until retiring rank of Captain on January 3, 1983, Colonel American people to commemorate the two from that position this past Spring. Glenn Bingcang spent the rest of his career providing hundred twenty-sixth anniversary of the draft- Poshard’s tenure as SIU President was the medical care and comfort to service members ing of the Constitution of the United States of second longest in the university’s history. and civilians alike. When Colonel Bingcang America with appropriate ceremonies and ac- Fifteen years ago, Glenn and his wife, Jo was not treating patients at St. Joseph Hos- tivities; and (also an educator), cofounded the Poshard Whereas: Public Law 915 guarantees the Foundation for Abused Children. This chari- pital in Lexington, Kentucky, he was tending to issuing of a proclamation each year by the table organization has provided invaluable as- the wounded on the battlefields and com- President of the United States of America des- sistance to children who have suffered abuse manding hospitals during Operations Desert ignating September 17 through 23 as Con- and also serves as an advocacy tool in the Shield, Desert Storm and, in more recent years, Operations Iraqi Freedom and Enduring stitution Week; now, therefore I, TOM RICE by fight to permanently eradicate the scourge of virtue of the authority vested in me as Rep- abuse that impacts far too many children and Freedom. resentative of the 7th Congressional District of families in Southern Illinois and throughout our Colonel Bingcang embodied the best of the State of South Carolina do hereby recog- nation. America’s ideals, values, and commitment to nize the week of September 17 through 23 as Throughout many roles, Glenn Poshard has service, constantly living by the motto of his Constitution Week and urge all citizens to always worked for the betterment of Southern home reserve unit in Kentucky in both his civil- study the Constitution and reflect on the privi- Illinois and its people. He has done so as a ian and military life: ‘‘Say it, Mean it, Do it!’’ lege of being an American with all the rights model of integrity and inspiration. I am proud Due to Colonel Bingcang answering the call and responsibilities which that privilege in- to call him my friend. to serve his country, many lives were saved volves. Mr. Speaker, I ask my colleagues to join me and comforted by his medical care and count- in honoring Dr. Glenn Poshard and expressing less staff and patients’ spirits have been f our appreciation for his lifetime of public serv- raised by his loving personality. I am forever HONORING A LIFETIME OF PUBLIC ice. grateful for his friendship and service to our SERVICE OF DR. GLENN POSHARD f local community and our country. He was truly an outstanding American and an inspiration to HON. WILLIAM L. ENYART IN RECOGNITION OF LOREN AND us all. ELOUISE SUTTON OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES f Tuesday, September 9, 2014 HON. MIKE ROGERS PERSONAL EXPLANATION OF ALABAMA Mr. ENYART. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor the careers of a true champion of HON. GARY C. PETERS Tuesday, September 9, 2014 Southern Illinois, Dr. Glenn Poshard. I say the OF MICHIGAN ‘‘careers’’ in the plural form because Glenn Mr. ROGERS of Alabama. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES wore many hats—soldier, educator, legislator, ask for the House’s attention today to recog- administrator and advocate, in his service to nize Mr. and Mrs. Loren Sutton who have Tuesday, September 9, 2014 his community, his state and his nation. been married 58 years and serve as clergy in Mr. PETERS of Michigan. Mr. Speaker, on Born and raised in Southern Illinois, Glenn Lee County, Alabama. Monday, September 8, 2014 I was not present Poshard served in the U.S. Army, deployed to Loren and Elouise met at Southeastern for 3 votes. I wish the record to reflect my in- Korea. On returning home, Glenn used the GI Bible College in 1953. They were married in tentions had I been present to vote. Bill to begin a relationship with Southern Illi- Birmingham, Alabama, on June 8, 1957. Had I been present for rollcall No. 481, I nois University that would span over 40 years Loren and Elouise accepted their call to would have voted ‘‘yea.’’ and include roles as a student (Glenn earned ministry on April 6, 1958 and served as pas- Had I been present for rollcall No. 482, I bachelors, masters and doctoral degrees from tors in Townley and Jasper, both in Alabama, would have voted ‘‘yea.’’ SIU Carbondale), adjunct professor, adminis- before they arrived in Opelika, Alabama, to Had I been present for rollcall No. 483, I trator and University President. start a new church in March of 1965. would have voted ‘‘yea.’’

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OUR UNCONSCIONABLE NATIONAL honor, I am submitting into the CONGRES- arms fire, almost completely exhausting his DEBT SIONAL RECORD the following summary of his supply of ammunition. Braving intense enemy service and heroism as written and prepared fire, he returned to the mortar pit, gathered HON. MIKE COFFMAN by the United States Army: vital ammunition and evaded fire while returning to the bunker. After the order was given to OF COLORADO ‘‘Command Sgt. Maj. Bennie G. Adkins was drafted into the Army Dec. 5, 1956, at the age evacuate the camp, Adkins and a small group IN THE HOUSE OF REPRESENTATIVES of 22, from Waurika, Oklahoma. Upon comple- of Soldiers destroyed all signal equipment and Tuesday, September 9, 2014 tion of initial training at Fort Bliss, Texas, he classified documents, dug their way out of the Mr. COFFMAN. Mr. Speaker, on January was assigned as an Administrative Clerk-Typ- rear of the bunker, and fought their way out of 20, 2009, the day President Obama took of- ist to a garrison unit in Giessen, Germany, the camp. fice, the national debt was with a follow-on assignment to the 2nd Infantry Because of his efforts to carry a wounded $10,626,877,048,913.08. Division, at Fort Benning, Georgia. After at- Soldier to an extraction point and leave no Today, it is $17,756,856,045,819.45. We’ve tending Airborne School, he volunteered for one behind, Adkins and his group were unable added $7,129,978,996,906.37 to our debt in 5 Special Forces, in 1961. He served with the to reach the last evacuation helicopter. Adkins years. This is over $7.1 trillion in debt our na- Special Forces for more than 13 years with then rallied the remaining survivors and led tion, our economy, and our children could the 7th, 3rd, 6th and 5th Special Forces the group into the jungle, where they evaded have avoided with a balanced budget amend- Groups (Airborne). the enemy for 48 hours, until they were rescued by helicopter, March 12. During the 38- ment. While in the Special Forces, he deployed to hour battle and 48 hours of escape and eva- f the Republic of Vietnam for three non-consecutive tours. His first tour in the Republic of sion, Adkins fought with mortars, machine HONORING GLEN R. BORTELL’S Vietnam lasted from February 1963 to August guns, recoilless rifles, small arms, and hand 100TH BIRTHDAY 1963. His second tour of duty in Vietnam grenades, killing an estimated 135–175 of the lasted from September 1965 to September enemy and sustaining 18 different wounds. HON. RICHARD B. NUGENT 1966. His final Vietnam tour lasted from Janu- Adkins’ extraordinary heroism and selfless- ary 1971 through December 1971. ness, above and beyond the call of duty, are OF FLORIDA in keeping with the highest traditions of the IN THE HOUSE OF REPRESENTATIVES Command Sergeant Major Bennie G. Adkins distinguished himself during 38 hours of close- military service, and reflect great credit upon Tuesday, September 9, 2014 combat fighting against enemy forces, March himself, Detachment A–102, 5th Special Mr. NUGENT. Mr. Speaker, I rise today to 9–12, 1966. At that time, then-Sergeant First Forces Group, 1st Special Forces and the recognize Glen R. Bortell’s one hundredth Class Adkins was serving as an Intelligence United States Army. After Vietnam, Adkins served as First Ser- birthday. Sergeant with Detachment A–102, 5th Special geant for the Army Garrison Communications It is with great pride that I stand to honor Forces Group, 1st Special Forces at Camp A Command in Fort Huachuca, Arizona. He then Mr. Bortell, not only for his long life but his Shau, in the Republic of Vietnam. joined Class #3 of the Army Sergeants Major great contributions to the health and well- When Camp A Shau was attacked by a Academy in El Paso, Texas. After graduation, being of his fellow citizens. Mr. Bortell has not large North Vietnamese and Viet Cong force Adkins served with the Special Forces at Fort let life pass him by without many accomplish- in the early morning hours of March 9, then- Bragg, North Carolina, and then led training at ments for the good of his community and Sergeant First Class Adkins rushed through Fort Sherman’s Jungle School in the Panama those around him. The dedication and effort of intense enemy fire and manned a mortar posi- Canal Zone. He retired from the Army in 1978. people like Mr. Bortell allow our communities tion defending the camp. He continued to Adkins earned his bachelor’s degree from to thrive and reach their utmost potential. mount a defense even while incurring wounds Troy State University, in 1979. He earned his For nearly 10 years, Mr. Bortell has volun- from several direct hits from enemy mortars. Master’s Degree in Education, in 1982, and teered at Citrus Memorial Hospital in the diag- Upon learning that several Soldiers were then, a second Master’s Degree in Manage- nostic imaging department. At an age when wounded near the center of camp, he tempo- ment, in 1988, all from Troy State University. most hope for a quiet and restful retirement, rarily turned the mortar over to another Sol- Simultaneous to pursuing his degree pro- he has dedicated an amazing 5,000-plus dier, ran through exploding mortar rounds and grams, he established the Adkins Accounting hours of his time to the hospital and its pa- dragged several comrades to safety. As the Service, Inc., in Auburn, Alabama, serving as tients. Still having so much to give, to this day hostile fire subsided, Adkins repeatedly ex- its CEO for 22 years. He also taught night Mr. Bortell continues transporting patients in posed himself to sniper and mortar fire, while classes at Alabama’s Southern Union Junior wheelchairs and beds to various departments moving casualties to the camp dispensary. College, for 10 years, and at Auburn Univer- throughout the hospital. Adkins exposed himself to enemy fire trans- sity, for six years. Adkins has been married to The selflessness Mr. Bortell has dem- porting a casualty to an airstrip for evacuation. his wife, Mary, for 59 years, and together they onstrated throughout his life as well as his He and his group then came under heavy have raised five children. constant ‘‘can do’’ attitude have inspired many small-arms fire from members of the Civilian Adkins’ previous awards and decorations in- members of his community, especially his fel- Irregular Defense Group, which had defected clude the Distinguished Service Cross, Silver low volunteers and hospital employees. I am to fight with the North Vietnamese. Despite Star, Bronze Star Medal with one Bronze Oak extremely proud to be Mr. Bortell’s congress- this overwhelming force, Adkins maneuvered Leaf Cluster and ‘‘V’’ Device, the Purple Heart man and I invite everyone to join me in wish- outside the camp to evacuate a seriously with two Bronze Oak Leaf Clusters, the Army ing Mr. Bortell a Happy 100th Birthday, and wounded American and draw fire away from Commendation Medal, the Army Good Con- congratulating him on his long, rich, and active the aircraft, all the while successfully covering duct Medal with Bronze Clasp and Five Loops, life. the rescue. Later, when a resupply air drop the National Defense Service Medal, the f landed outside of the camp perimeter, Adkins Armed Forces Expeditionary Medal, the Viet- again moved outside of the camp walls to re- nam Service Medal with one Silver Service IN RECOGNITION OF MEDAL OF trieve the much-needed supplies. Star and one Bronze Service Star, the Presi- HONOR RECIPIENT COMMAND During the early morning hours of March 10, dential Unit Citation, the Meritorious Unit Cita- SERGEANT MAJOR (RET.) BENNIE enemy forces launched their main assault. tion, the Republic of Vietnam Campaign Medal G. ADKINS Within two hours, Adkins was the only de- with ‘‘60’’ Device, the Republic of Vietnam fender firing a mortar. When all mortar rounds Bravery Medal with Brass Star, the Republic HON. MIKE ROGERS were expended, Adkins began placing effec- of Vietnam Gallantry Cross with Bronze Star, OF ALABAMA tive recoilless rifle fire upon the enemy, as the Republic of Vietnam Gallantry Cross Unit IN THE HOUSE OF REPRESENTATIVES they infiltrated the camp perimeter and as- Citation with Palm Device, the Combat Infan- saulted his position. Despite receiving addi- tryman Badge, the Special Forces Tab, the Tuesday, September 9, 2014 tional wounds from enemy rounds exploding U.S. Army Master Parachutist Badge, the Viet- Mr. ROGERS of Alabama. Mr. Speaker, I on his position, Adkins fought off relentless namese Parachutist Badge—Two Awards, the ask for the House’s attention today to recog- waves of attacking Viet Cong. Expert Badge with Rifle and Pistol Bars, the nize Command Sergeant Major (Ret.) Bennie Adkins then withdrew to regroup with a Sharpshooter Badge with Carbine Bar, and G. Adkins, of Opelika, Alabama, for being smaller element of Soldiers at the communica- the Marksman Badge with Machinegun Bar.’’ awarded the Medal of Honor from President tions bunker. While there, he single-handedly Mr. Speaker, please join me in thanking Barack Obama on September 15, 2014. In his eliminated numerous insurgents with small- Command Sgt. Maj. Adkins for his service and

VerDate Mar 15 2010 08:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.006 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1365 congratulating him on receiving such a well- ated General Contractors of Kentucky, the Bless was elected as the 2013–2014 president deserved honor. He is a true American hero. League of Cities and several other organiza- of this prestigious national organization. f tions to champion H.B. 407, a bill that would Certified Registered Nurse Anesthetists clarify the rules to allow for private-public part- (CRNAs) are advanced practice registered H.R. 5272, H.R. 5230, AND H.J. RES. nerships—often referred to as P3s—by the nurses who administer approximately 34 mil- 76 state and local governments in Kentucky. lion anesthetics to patients each year. They These partnerships are already a tool used work in every setting in which anesthesia is HON. SUSAN A. DAVIS by 30 other states, creating greater private- delivered, including hospital surgical suites, OF CALIFORNIA sector involvement and investment in public obstetrical delivery rooms, ambulatory surgical IN THE HOUSE OF REPRESENTATIVES works, leading to better predictability, less risk centers, and the offices of dentists, podiatrists, and specialty surgeons. They also provide Tuesday, September 9, 2014 and less cost for taxpayers. Mr. Rogers helped organize and co-chaired acute and chronic pain management services Mrs. DAVIS of California. Mr. Speaker, I the Kentucky Chamber’s P3 coalition and tes- to patients in need of such care. CRNAs pro- wish to express my strong opposition to two tified on behalf of the legislation before com- vide anesthesia for all types of surgical cases pieces of legislation that were brought before mittees to encourage its passage. Ultimately, and are the sole anesthesia providers in many the House on August 1st, 2014. H.R. 5272 the legislation passed both houses of the Ken- rural hospitals. As a CRNA for nearly 20 years, Mr. Bless and H.R. 5230 are partisan bills that do noth- tucky General Assembly with large bipartisan has contributed greatly to the health care coming to fix our broken immigration system. majorities—27–9 in the Senate and 86–9 in munity in Minnesota and nationwide, serving Rather than effectively addressing the situa- the House. While the Governor found cause to tion at the border or the larger failures of our as a clinical nurse anesthetist at Fairview veto this legislation, the broad bipartisan sup- Southdale Hospital in Edina, Minnesota. Mr. immigration system, the House majority has port it enjoys will no doubt lead to its passage chosen to penalize children by removing traf- Bless also serves as an adjunct instructor for once again in 2015. St. Mary’s University of Minnesota and clinical/ ficking protections for child refugees from Cen- On behalf of Kentucky’s Sixth Congressional tral America, and preventing the administration didactic instructor for the Minneapolis School District, I would like to thank Warren Rogers of Anesthesia. He has demonstrated a lifelong from deferring the deportation of DREAMers. for his work to protect and improve Kentucky’s commitment to his professional education and Deporting hardworking, law-abiding people public infrastructure. development. Mr. Bless was awarded his Mas- who were brought here as children will not f ter of Science degree in nurse anesthesia make our country safer or more prosperous. from St. Mary’s University of Minnesota, a cer- Our resources are limited, and the administra- IN RECOGNITION OF REV. AND MRS. WILLIE FRANK SMITH, SR. tificate in nurse anesthesia from the Min- tion must have the ability to prioritize the de- neapolis School of Anesthesia, a Bachelor of portation of those who are a threat to our Science degree in nursing from the University country. Furthermore, we will not solve the cri- HON. MIKE ROGERS of Minnesota and his Bachelor of Science de- sis at our border without seriously investing in OF ALABAMA gree in agricultural business from Iowa State our immigration courts and addressing the vio- IN THE HOUSE OF REPRESENTATIVES University. lence and poverty in Central America that are Tuesday, September 9, 2014 In addition to his service as AANA Presi- causing these children to flee. H.R. 5272 and dent, Mr. Bless has held various leadership H.R. 5230 are not sincere attempts to address Mr. ROGERS of Alabama. Mr. Speaker, I positions in the AANA, including President- these issues, and although I was not able to ask for the House’s attention today to recog- elect, Treasurer, Director Region 4, and as a vote on these bills, had I been present I would nize Rev. and Mrs. Willie Frank Smith, Sr. member of numerous AANA committees. Mr. have voted ’’no’’ on both. who have been married 50 years and serve as Bless also serves on the Board of Directors I would also like to express my strong sup- clergy in Lee County, Alabama. for the AANA Associations Management Serv- port for H.J. Res. 76 to provide $225 million in Rev. and Mrs. Smith met in Selma, Ala- ices and is a distinguished speaker on anes- emergency funding for Israel’s Iron Dome mis- bama and were married on July 28, 1964 at thesia topics, lecturing nationwide on the safe- sile defense system. The Obama Administra- New Canaan Baptist Church in Camp Hill, Ala- ty, value and cost-effectiveness of CRNA care. tion requested the additional funds to help bama. During his AANA Presidency, Mr. Bless has Israel replenish the scores of missiles it is Rev. Smith has served as the pastor at been a prominent advocate for patients and using to defend its civilian population from churches in Camp Hill, Valley and Notasulga. for the practice of nurse anesthetists before Hamas rocket attacks. As the author of the The Smiths have three children including: federal agencies and members of Congress. Iron Dome Support Act, which authorizes fur- Willie F. Smith Jr., a minister, medical He has worked tirelessly to promote anes- ther assistance to Israel for Iron Dome, I sup- transcriptionist and Christian education con- thesia patient safety and the value of CRNAs port emergency spending to provide additional sultant; Monique Smith Gadson, a professional to our healthcare system: recognition of resources for the missile defense system, counselor and mother of two daughters Nia CRNAs as Full Practice Providers in the Vet- which has saved countless civilian lives. Had and Imani; and Patrick T. Smith, Assistant erans Health Administration (VHA), proper im- I been present I would have voted ‘‘yes’’ on Professor of Theology and Philosophy at Gor- plementation of provider non-discrimination re- H.J. Res. 76. don-Conwell Theological Seminary and father quirements, and appropriate recognition of the f of Gabrielle and Caleb. full scope of CRNA practice, including pain Mr. Speaker, please join me in thanking management and related services in the Medi- HONORING THE SERVICE OF Rev. and Mrs. Smith for their tireless service care system. WARREN P. ROGERS in the Lee County community. I extend my sincere congratulations to Mr. Bless today on a job well done. His service to f HON. ANDY BARR the AANA, his patients and his commitment to HONORING DENNIS C. BLESS, high quality health care nationwide are truly OF KENTUCKY CRNA, MS, PRESIDENT OF THE commendable. I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES AMERICAN ASSOCIATION OF in recognizing his notable career and out- Tuesday, September 9, 2014 NURSE ANESTHETISTS standing achievements. Mr. BARR. Mr. Speaker, I rise today to rec- f ognize Lexington, Kentucky native and busi- HON. JANICE D. SCHAKOWSKY HONORING DR. ROBERT C. KEEN nessman Warren P. Rogers for his efforts to OF ILLINOIS find creative solutions to public infrastructure IN THE HOUSE OF REPRESENTATIVES financing as a champion of ‘‘P3’’ public-private HON. LUKE MESSER OF INDIANA partnerships in Kentucky. Tuesday, September 9, 2014 IN THE HOUSE OF REPRESENTATIVES As the federal budget faces continued chal- Ms. SCHAKOWSKY. Mr. Speaker, today I lenges with autopilot spending programs and a pay tribute to Dennis C. Bless, CRNA, MS, of Tuesday, September 9, 2014 massive federal debt crowding out other Minneapolis, Minnesota. Mr. Bless will soon Mr. MESSER. Mr. Speaker, I rise today to spending priorities, we must continue to look complete his year as national president of the honor the extraordinary accomplishments of for creative solutions to fund public projects. In American Association of Nurse Anesthetists Bobby C. Keen, Ph.D., President and Chief Kentucky, Warren Rogers has worked with the (AANA) whose headquarters are located in my Executive Officer of Hancock Regional Hos- Kentucky Chamber of Commerce, the Associ- Congressional district. I am proud that Mr. pital, in my congressional district.

VerDate Mar 15 2010 08:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.008 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1366 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 Dr. Keen began his career at Hancock Re- campaign has also enabled a $25 million res- press releases, and distributed the informative gional Hospital in 1994 as its Executive Vice toration of the Great Hall, the original World’s Hutto Highlights newsletter. She also man- President and Chief Operating Officer. Five Fair pavilion. Wallace Harrison’s iconic space- aged the legislative initiatives for the City while months later Dr. Keen was promoted to Presi- age ‘‘Cathedral to Science’’ with its soaring maintaining effective relations with other gov- dent and Chief Executive Officer, the position stained glass walls rising 100 feet in the air ernmental entities. he held for the next twenty years. once again stands as a majestic, inspirational Patti’s dedication to making Hutto a great Dr. Keen’s professional awards and destination for hundreds of thousands of peo- place to live is second to none. She pioneered achievements are many and noteworthy. They ple to get excited about science, technology, countless programs such as Hutto Day at the include the Hancock County Mental Health As- engineering and math. Capitol, Youth in Government, Hutto Citizen’s sociation’s Time, Talents and Treasures The New York Hall of Science is also pre- University, and Hutto Matters. She led and Award, and the Indiana Hospital Association’s paring to host its fifth annual World Maker served on numerous civic committees includ- Distinguished Service Award. Dr. Keen was Faire on September 20–21. At the great ing Hutto Has Heart, Friday Night Live, Youth also appointed by three former Governors to World’s Fairs, governments and industry pre- Advisory Task Force, and Marketing Task serve on the Executive Committee of the Indi- sented exhibitions on what they thought the Force. Patti is also very active in several com- ana Tobacco Use Prevention and Cessation future would hold. At World Maker Faire, it is munity organizations including the Hutto Lions Board, as well as severing under two Gov- the makers themselves who are offering a pre- Club, Hutto Discovery Methodist Church, and ernors on the Hospital Council of the Indiana view of the future. More than 600 projects will Al-Anon. State Department of Health. be on display, giving people a glimpse at the Yet Patti’s commitment to service doesn’t Hancock Regional Hospital has been an best of creativity in all its forms. The Hall’s end at the Hutto city limits. Working with the outstanding example of premier health care President, Dr. Margaret Honey, was among Adopt-A-Unit program, she has been instru- success in Indiana by delivering top notch the distinguished guests invited by the Presi- mental in obtaining donations, organizing medical care and providing expertise to the dent to celebrate the first ever White House events and providing support to deployed community. Dr. Keen’s steadfast dedication Maker Faire earlier this year, and the White troops and their families. Her acts are a sign and continued leadership within the hospital House Office of Science and Technology Pol- of true patriotism to our great nation and to has been vital to its success. icy has been a major supporter of the maker the men and women who serve our country. Dr. Keen retired from his duties heading this movement as it has grown and evolved world- Patti Gilmore’s extraordinary commitment to exemplary institution this past June. I ask the wide. The movement is tapping into our innate service reflects the best values of Central entire 6th Congressional District to join me in sense of curiosity, creativity and collaboration, Texas. She has positively impacted the lives thanking him for his long career and service to with staggering results. More than 100 maker of thousands and there’s no doubt that Hutto his hospital and community. faires took place around the globe last year. is a better place because of her. I join all the f The National Science Foundation, the Insti- people of Hutto in saluting her service. tute of Museum and Library Services, the Of- f HONORING THE NEW YORK HALL fice of Naval Research, NASA and the U.S. OF SCIENCE ON ITS 50TH ANNI- Department of Education have all been major IN RECOGNITION OF LARRY AND VERSARY supporters of the Hall of Science. Recognizing DONNA PRESLEY this important institution’s impact on education HON. JOSEPH CROWLEY for students, teachers and families, these HON. MIKE ROGERS OF NEW YORK agencies, not to mention my office and the en- OF ALABAMA IN THE HOUSE OF REPRESENTATIVES tire New York delegation, have all supported IN THE HOUSE OF REPRESENTATIVES investments in new educational resources, ex- Tuesday, September 9, 2014 Tuesday, September 9, 2014 hibits and programs that each year serve a Mr. CROWLEY. Mr. Speaker, I rise today to half-million museum visitors (many of them Mr. ROGERS of Alabama. Mr. Speaker, I recognize the New York Hall of Science on children on school field trips), help more than ask for the House’s attention today to recog- the 50th anniversary of its dedication. The Hall 3,000 teachers enhance their capacity as edu- nize Mr. and Mrs. Larry Presley who have of Science is a true jewel that Queens and all cators, and inspire countless young people to been married 56 years and serve as clergy in New Yorkers are so proud to have in our city. pursue careers in the STEM fields. Lee County, Alabama. This year, Flushing Meadows Corona Park Today, I salute the Hall of Science, a re- Larry and Donna met while attending Phil- in Queens celebrates the 75th anniversary of spected leading institution among science lips University in Enid, Oklahoma. They were the 1939–40 World’s Fair and the 50th anni- education centers worldwide. I wish that all married on August 30, 1958 in Overland Park, versary of the 1964–65 World’s Fair. Americans have the chance to visit the Hall at Kansas. They moved to Lee County, Alabama, The fairs brought the world together in some point in their lives. For the New Yorkers in 1987. Queens to share experiences and see the that haven’t visited yet, I hope you have a Larry has been in the ministry 57 years and newest technologies and products that would chance to visit this Queens treasure as soon still serves as full-time minister in Opelika, Ala- one day change our world. as you can. bama. The Presleys have two sons, Lynn and What began as a fair pavilion showcasing f Jamey. exhibits about atomic energy, space explo- Mr. Speaker, please join me in thanking ration and satellite communication has evolved HONORING PATTI GILMORE Larry and Donna Presley for their tireless over five decades into one of the world’s pre- service in the Lee County community. eminent centers for science education and HON. JOHN R. CARTER f teacher professional development. OF TEXAS CELEBRATING THE 100TH ANNI- The legacy of the Fair is present not just in IN THE HOUSE OF REPRESENTATIVES the vintage NASA rockets still in the muse- VERSARY OF ST. NICHOLAS BYZ- um’s front yard, but in the spirit of innovation, Tuesday, September 9, 2014 ANTINE CATHOLIC CHURCH discovery and a quest for knowledge that still Mr. CARTER. Mr. Speaker, I rise today to permeates the Hall of Science’s more than honor Patti Gilmore of Hutto, TX. A pillar of HON. MARCY KAPTUR 400 exhibits, which include the country’s larg- this quiet town nestled in the heart of my con- OF OHIO est Science Playground and a miniature golf- gressional district, Patti is retiring after years IN THE HOUSE OF REPRESENTATIVES course where each hole teaches a lesson in of exemplary service to her beloved commu- space physics. nity. Tuesday, September 9, 2014 In celebration of its 50th anniversary, the Daily life in a city like Hutto rests upon the Ms. KAPTUR. Mr. Speaker, I rise today to Hall of Science has just completed a $50 mil- shoulders of dedicated public servants like recognize a significant milestone in the life of lion fundraising campaign. Two new exhibi- Patti Gilmore. Throughout her career, she was St. Nicholas Byzantine Catholic Parish of Lo- tions are coming on line this year. Design Lab the indispensible woman, juggling a multitude rain, Ohio in my District. The parish will cele- will introduce visitors to the creative design of responsibilities, performing great work brate its 100th anniversary on Sunday, Sep- process and Connected Worlds will present an whenever needed, and making it look easy. tember 14, 2014. immersive digital environment where visitors As if managing the administrative support and The parish history recounts that on Sep- can explore sustainability and learn how their operations of the City Manager’s office wasn’t tember 14, 1914, the first Byzantine Catholic personal actions have a global impact. The enough work, Patti coordinated meetings, bishop, Bishop Soter Ortinsky, dedicated St.

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.013 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1367 Nicholas Church. The pastor at that time was their church’’ according to the history, the sub- As evident by the BDCPs delay, this flawed Father Basil Beretz. The people who were stantial funds needed to build a new building plan is based on unreasonable assumptions members of the parish had actually initiated were raised. A ground-breaking ceremony was instead of sound science and has raised red plans for a church of the Byzantine Rite held on Sunday, Jan. 25, 1981. During the flags from various federal agencies, including Catholics a number of years before that time. ceremony, the history notes, ‘‘the sound of the Environmental Protection Agency and U.S. St. Nicholas’ founders emigrated from a region axes could be heard ringing from the nearby Army Corps of Engineers. That is why I of- of the Austro-Hungarian Empire which is today woods. The St. Nicholas wood-chopping crew fered an amendment to the FY15 Energy and the easternmost part of Czechoslovakia and had a lot of land to clear and they did not Water Appropriations Act to ban the govern- arrived in Lorain, Ohio in the last part of the have time to attend the ceremony. Addition- ment from funding tunnels taking our water. 19th century and the beginning of the twen- ally, a ‘‘hearty band of volunteers worked We must focus our finite federal resources on tieth century. They attended St. Michael Hun- throughout the year of 1981 and painted the initiatives that will result in increased water garian Byzantine Rite Catholic Church and for entire interior of the complex, laid all the floor supply and storage capacity, not waste it on a brief time services were held in Kohlmyer’s tiles (estimated at over 10,000 tiles), sanded projects that take from one region of the state Hall in Lorain. and stained all the woodwork and contributed and send it to another. The church history characterizes the years thousands of cost-free hours of labor. As a re- The BDCP is not a plan that reflects the in- from 1900 to 1914 as the formative years of sult of their physical contribution, the interior of terests of all Californians; I along with my St. Nicholas Parish: ‘‘In 1905 a committee of the convent was finished as well as many Delta colleagues remain willing to work with all Byzantine Rite Catholics of Rusyn origin other items that were not in the original con- parties on a statewide solution that considers sought the advice and counsel of the late tract. By early spring, the new complex was all stakeholders interests. Bishop Joseph Schrembs, Bishop of Cleve- nearing completion and an appeal was made f land. In 1907 the faithful of the future St. Nich- for volunteers to purchase the pews, certain olas Parish solicited funds for the purchase of kitchen items and the appointments in the HONORING ALAN AND SALLY lots on Toledo Avenue, Lorain, the former site church. The response was overwhelming. The MERTEN of the church and rectory. The parish would parishioners of St. Nicholas, the Greek Catho- then relocate in 1982 to 2711 W. 40th Street, lic Union Lodge, the Russo-Slav Club and HON. FRANK R. WOLF the present site of the St. Nicholas Byzantine other fraternal organizations associated with OF VIRGINIA Catholic Church complex. An historical mural the church had come through once again. IN THE HOUSE OF REPRESENTATIVES retained in the old church for many years con- The church history records that ‘‘the last Tuesday, September 9, 2014 tained the list of the following contributors for service to be held at the old St. Nicholas the lots: Andrew Kakos, Andrew Ksenich, An- Church was on Palm Sunday, April 4, 1982, Mr. WOLF. Mr. Speaker, I rise today to rec- drew Karahuts, George Ksenich, Michael and many a tear was shed as the last song ognize George Mason University President Lascisky, Michael Rusinko, George Demchik, was sung. Finally, on Holy Thursday evening, Emeritus Dr. Alan Merten and his wife, Sally. John Danko, George Vajda, Vasil Pavelvach, April 8, 1982, Father Felock blessed the new In June, I had the pleasure of attending a Peter Yureck, John Kocak, Joseph Kokinda, altar and church and the first service was dedication naming the university’s new senior Peter Kekel, John Taraka, Stephen Lascisky, held.’’ The life of the parish continued in its administration building ‘‘Alan and Sally Merten Elek Ksenich, John Kvasnak, Nicholas new location through the 1980s, 1990s and Hall.’’ Ksenich, Vasil Teleha, Peter Hazlak, Mike into the new century. The school was closed Dr. Merten served as George Mason Uni- Rericky, Peter Hrinda, George Maczik, Mike in 2007 and the parish embarked on a mission versity’s president for 16 years, stepping down Kizak, Jacob Andraska, John Jeresko. Ste- of renewal as the new century dawned. in 2012. This dedication is a fitting tribute to phen Ksenich, Joseph Suster, John Moroznak, Today, the members of St. Nicholas the Mertens, a pair who worked tirelessly for George Tomcso, Frank Kablinka, John Szalag, Church’s focus is on its future even as they the better part of two decades promoting, Daniel Demjanovich, Mike Koscs, Mike honor its past. Standing on the shoulders of its growing and improving George Mason Univer- Koczak, Joseph Szasz, Joseph Gluvna, John founders and the families who established the sity. As a result of Alan and Sally’s efforts, the Naaymik and John Maylik. The purchase of parish as a cornerstone of its community, the university has become one of Virginia’s great- the aforementioned lots was consummated parishioners of today’s St. Nicholas Byzantine est schools, as well as a nationally and inter- through the Cleveland Chancery in the name Catholic Church are proud of its rich history. nationally recognized center of academic and of Bishop Schrembs and held by him in trust Yet, as they celebrate a century of parish life, research excellence. for the St. Nicholas Parish. In this manner St. the congregation of St. Nicholas’ looks toward Current George Mason President Angel Nicholas Parish was constituted as a Catholic the next century with hope and faith. Onward! Cabrera honored the Mertens’ service to the parish under a Catholic bishop.’’ f George Mason community at the June 23 The church continued to grow and expand, ceremony. President Cabrera and former both physically and in membership. A rectory OPPOSITION TO THE BAY DELTA Board of Visitors rector, Edwin Meese III, was added in 1919 and a second story of the CONSERVATION PLAN lauded the Mertens’ contributions to the school original church was dedicated on July 16, and to the community, and I was allowed to 1928, by Bishop Basil Takach, the first bishop HON. JERRY McNERNEY offer a few words as well. I always enjoyed of the Byzantine Rite Catholic Exarchate of OF CALIFORNIA working with Dr. Merten and was grateful for Pittsburgh. Renovations continued and in 1946 IN THE HOUSE OF REPRESENTATIVES the opportunity to speak on my relationship the mortgage was paid off. Tuesday, September 9, 2014 with Alan and Sally, as well as my apprecia- Under the stewardship of Father Andrew tion for their commitment to the school and Pataki who later became the bishop of Parma, Mr. MCNERNEY. Mr. Speaker, I rise today leadership in the community. a parochial school was built. On Sunday, June to continue to express my opposition to the As stated in the resolution used to enact the 12, 1960, a festival was held and Bishop Nich- Bay Delta Conservation Plan, or BDCP. The dedication, the Mertens’ legacy includes four olas T. Elko blessed a newly renovated St. BDCPs comment period closed at the end of endowed scholarships and numerous gifts to Nicholas Church and the new St. Nicholas July and California state officials reviewed university building and program funds. There School. Sisters under the Order of St. Basil comments from stakeholders throughout Cali- is no doubt that George Mason is a better in- the Great came to Lorain to begin teaching at fornia as it determines the best route going stitution for the Mertens’ efforts. I hope they the school in 1962. A small house was pur- forward. The result: the state has delayed im- will remain active in the George Mason com- chased nearby and remodeled by parishioners plementation of the BDCP. munity for many years to come. as a convent. Since being elected to Congress in 2006, I respectfully submit George Mason Univer- On Dec. 14, 1964, St. Nicholas’ celebrated I’ve expressed concerns with this proposal. sity’s ‘‘Resolution to Rename University Hall’’ its golden jubilee with bishop Nicholas T. Elko Building two tunnels that make it easier to ship and the following news article from George officiating at the pontifical Divine Liturgy as- Delta water south does nothing to address Mason University on the ceremony. sisted by the former pastors Fathers Andrew California’s larger water issues. We need to RESOLUTION TO RENAME UNIVERSITY HALL IN Pataki and George Simchak. focus our investments on recycling, desaliniza- HONOR OF ALAN AND SALLY MERTEN By the late 1970s it was apparent the tion, conservation, and storage—both above Whereas, George Mason University Presi- church had outgrown its original buildings and, and below ground. Becoming better managers dent Emeritus Dr. Alan G. Merten led the in ‘‘a beautiful testimonial to the generosity of our water resources will help prepare our university with distinction for 16 years, dur- and the love that our parishioners have for state for wet and dry years. ing which time he launched an ambitious

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.017 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1368 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 and successful program to build the school their honor was symbolic of their many con- RECOGNIZING THE OUTSTANDING into a major teaching and research univer- tributions to the university. ACCOMPLISHMENTS AND CA- sity; and ‘‘It is a reminder of how much these two REER OF DR. CLIFFORD Whereas, under Alan Merten’s leadership, individuals gave of their time tirelessly and DEBAPTISTE George Mason University became the largest how they helped George Mason be what it is research university in the Commonwealth of today,’’ said Cabrera, whose office has been Virginia, with increasingly nationally and relocated to Merten Hall, on the north end of HON. JIM GERLACH internationally highly ranked programs; and the Fairfax Campus. OF PENNSYLVANIA Whereas, Mrs. Sally Merten, the former Two guests in particular added historical IN THE HOUSE OF REPRESENTATIVES first lady of George Mason University, was insight to the Mertens’ tenure. Virginia Con- instrumental in bringing the community and gressman Frank Wolf, who taught at the uni- Tuesday, September 9, 2014 versity in the late 1970s, and the former the university closer together, serving on Mr. GERLACH. Mr. Speaker, I rise today to several community nonprofit boards during Board of Visitors rector, Edwin Meese III, her husband’s tenure as president, including cited the joint efforts of the Mertens as cru- congratulate Dr. Clifford DeBaptiste of Chester Fall for the Book, as well as several univer- cial to the university’s growth, not only in County, Pennsylvania on his 90th birthday, 60 sity advisory boards; and size and enrollment but in stature as the years as owner and proprietor of the Whereas, Sally Merten actively partici- largest public research university in the DeBaptiste Funeral Home, and for his incom- pated in university life, especially employee state. parable record of community engagement. recognition events; and ‘‘It’s become one of the great universities Clifford DeBaptiste first came to West Ches- Whereas, together Alan and Sally Merten in the commonwealth and one of the great universities in our country and it’s all be- ter, Pennsylvania on a visit in the 1940’s. After have been generous donors to the university, serving in the U.S. Army, he graduated from establishing four endowed scholarships: the cause of the great work—and they work as a G. Louise and Anthony J. Otto Endowed team—Alan and Sally have done,’’ Wolf said. mortuary school and married his lovely wife, Meese’s first year on the Board of Visitors Scholarship in Creative Writing; the Eric G. Inez Manning. They then opened the coincided with the Mertens’ first year in of- and Melissa H. Merten Endowed Scholarship; DeBaptiste Funeral Home in 1954 and, in fice. They built a strong partnership. the Ruth A. and Gilbert E. Merten Endowed 1965, moved the business from its original lo- ‘‘It is said that a great institution is the Scholarship; and the Kathleen A. Lieder and length and shadow of its leadership,’’ said cation to 25 South Worthington Street where it Lloyd C. Fell Student Scholarship Endow- Meese, the former attorney general under may be found today. ment in Music Performance/Vocal Studies; Ronald Reagan. ‘‘And that’s certainly true In addition to running a successful business and in this case....The beneficial shadow of for 60 years, Dr. DeBaptiste has made numer- Whereas, the Mertens have made signifi- your leadership is now permanently in- cant gifts to a number of other university ous other invaluable contributions to the scribed in the form of this building. You’ve funds, including the Patriot Club, the Long Greater West Chester community and beyond, made [the university] the knowledge and and Kimmy Nguyen Engineering Building, including serving as West Chester’s first Afri- cultural centerpiece of Northern Virginia.’’ and Mason arts programs; and The current Board of Visitors rector, C. can-American Mayor from 1994–2002. Addi- Whereas, the Mertens remain active and Daniel Clemente, read aloud the board reso- tionally, he has been honored by the NAACP engaged members of the surrounding com- lution that formally proposed renaming the for his business leadership and by the Na- munity, thus continuing to serve as ‘‘ambas- building Alan and Sally Merten Hall. tional Purple Heart Association for his service sadors’’ of the university; Now, be it there- The Mertens remain active on campus and in the U.S. Army. In 2014, Dr. DeBaptiste was fore serve in a variety of roles for the university. also coronated a Sovereign Grand Inspector Resolved that the building on the Fairfax They have endowed four scholarships. Campus now known as University Hall be General, the Thirty-Third and last degree in named Alan and Sally Merten Hall in rec- f the Ancient and Accepted Scottish Rite of ognition of the Mertens’ many contributions HONORING DORIS KRASICK GOLD- Freemasonry. Further, Dr. DeBaptiste chaired to George Mason University; be it further BERG QUEEN ON THE OCCASION the Pennsylvania State Board of Funeral Di- Resolved that this resolution be entered OF HER 100TH BIRTHDAY rectors for 13 years, received its President’s into the minutes of the George Mason Uni- Medallion for Service in 1991, and an hon- versity Board of Visitors this day, May 7, orary Doctor of Public Service Degree from 2014. HON. ALCEE L. HASTINGS West Chester University in 1999. (SEAL) OF FLORIDA Mr. Speaker, in light of the 60 years of his C. DANIEL CLEMENTE, IN THE HOUSE OF REPRESENTATIVES Rector, George Mason University incredible business record and service to the Board of Visitors. Tuesday, September 9, 2014 community, I ask my colleagues to join me Mr. HASTINGS of Florida. Mr. Speaker, I today in recognizing Dr Clifford DeBaptiste, GEORGE MASON UNVEILS ALAN AND SALLY rise today to honor Doris Krasick Goldberg one of Chester County, Pennsylvania’s most MERTEN HALL Queen, on the occasion of her 100th birthday, valued and respected citizens. (By Preston Williams) which will be celebrated on September 28, f On Monday, George Mason University dedi- 2014. She is a long-time constituent whose cated Alan and Sally Merten Hall in a build- family I have known for more than 20 years. IN RECOGNITION OF JERRELL AND ing renaming ceremony attended by hun- Doris was born on September 28, 1914 in VERA MCNUTT dreds of members of the Mason community Philadelphia, Pennsylvania. In 1939, she mar- and several integral figures from the univer- ried Lewis Goldberg and together they were sity’s history. HON. MIKE ROGERS Alan Merten was Mason’s fifth president, the proprietors of a longstanding Philadelphia OF ALABAMA serving from 1996 to 2012. Merten Hall is the neighborhood grocery store and butcher shop IN THE HOUSE OF REPRESENTATIVES called ‘‘Lew’s Thrifty Market.’’ They had two new name for what formerly was called Uni- Tuesday, September 9, 2014 versity Hall, one of many structures erected children, Arlene Sockel (spouse Richard) and during the Mertens’ dynamic 16-year tenure. Robert Goldberg (spouse Hedy), four grand- Mr. ROGERS of Alabama. Mr. Speaker, I ‘‘When I travel around the region, the children, Bonnie Sockel-Stone (spouse Elliot, ask for the House’s attention today to recog- country or the world and people ask me what son of former United States Senator Richard nize Mr. and Mrs. Jerrell McNutt who have I’m most proud of with respect to what’s Stone), Iris Sockel Mitrakos (spouse Steve), been married 59 years and serve as clergy in happened at George Mason,’’ Alan Merten Lewis Goldberg (spouse Morgan) and Ellen Lee County, Alabama. told the attendees, ‘‘the answer is always I’m Jerrell and Vera McNutt married on Sep- proud of the pride that people have in this Goldberg, and six great-grandchildren (Lily, institution as a result of what we’ve all Elizabeth, Jason, Stella, Ivy and Oliver). tember 2, 1955, at Needham Presbyterian done. Following the passing of her husband Lewis Church in Elizabethtown, Kentucky. Mr. ‘‘What kept me going—what keeps us all in 1971, Doris married widower Jesse Queen McNutt, a World War II veteran, earned three going—is stamina, passion and a caring atti- in 1973. Together they retired to Lauderdale degrees and for the past 48 years has taught tude. That’s what got George Mason going. Lakes, Florida, where they shared many vi- graduate-level Theology using the experi- That’s what will keep George Mason going,’’ brant years together, enjoying the company of mental method Clinica Pastoral Education Merten added before exiting to a standing family and friends. Jesse passed away in (CPE). He has also served as CPE Supervisor ovation at the outdoor ceremony on the for over 27 years at the Veterans Affairs Med- grounds outside Merten Hall. 1992, but Doris remains active and engaged Merten’s successor as Mason president, in her current home of Tamarac, Florida. ical Center in Tuskegee, Alabama. Mrs. A´ ngel Cabrera, hailed the Mertens’ leader- It gives me great pride to honor Doris on the McNutt has served as chief nurse in a Psy- ship of making ‘‘one smart decision at a occasion of her 100th birthday. I wish her all chiatric Facility, Labor and Delivery and Geri- time’’ and said that renaming the building in the very best for many years to come. atric Care.

VerDate Mar 15 2010 08:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.019 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1369 The McNutts have three children, six grand- The dedicated and hardworking individuals Described by the New York Times as ‘‘a children and one great-grandson including: that comprise the forensic science organiza- leader of the opposition,’’ my father headed Linda Joy Jones, a teacher and mother of two tions are worthy of recognition for their com- the steering committee formed to oppose the sons and grandmother to one grandson; Bar- mitment to proper scientific investigations to Port Authority’s plan. He helped mobilize the bara Vickery, an RN and mother of one son support the cause of justice. Through quality New Jersey Congressional delegation—both and one daughter; and Jerry Lester McNutt, forensic services, accredited programs, vali- Republicans and Democrats—against the an audio engineer, and father of two sons. dated scientific techniques and a commitment idea. He was joined by literally thousands of Mr. Speaker, please join me in thanking to scientific integrity, forensic scientists make citizens in marshalling support and raising Jerrell and Vera McNutt for their tireless serv- a significant impact in our communities. money to save what one writer described as ice in the Lee County community. From August 10–16, 2014, professional or- ‘‘a natural masterpiece.’’ f ganizations across the country acknowledged At countless hearings and public meetings, the value of modern forensic science and the the public came out against the proposal. One HONORING DIANE COWAN role of forensic examiners by hosting events to of the most effective citizen leaders was Helen observe National Forensic Science Week. Ac- Fenske. Her efforts were recently recognized HON. JOHN R. CARTER tivities were presented to encourage a better by naming the visitor’s center at the Great OF TEXAS understanding of forensic science and educate Swamp in her honor. At one meeting called by IN THE HOUSE OF REPRESENTATIVES local, state and federal policy makers to the the Department of Interior, more than 900 Tuesday, September 9, 2014 current capabilities and future challenges fac- people crowded the room. Only one person ing this field. spoke in favor of the proposed airport. He was Mr. CARTER. Mr. Speaker, I rise today to Mr. Speaker, I ask that you and my other honor the extraordinary work of Diane Cowan not well received. distinguished colleagues join me in in express- Yet despite the enormous outpouring of of Temple, TX. Diane is the latest recipient of ing appreciation for the people, facilities, and support for saving the Great Swamp, the Port the Cy Carpenter Award from Experience technologies that make reliable forensic Authority continued to press forward. But its Works for her leadership, advocacy on behalf science possible for the betterment of our efforts would never come to fruition. On May of older workers, and never-ending passion to communities. 29, 1964, 2,600 acres of the Great Swamp help others succeed. f Diane retired in 2012 after a 36-year career were designated a National Wildlife Refuge, with Experience Works, where she held pro- CELEBRATING THE 50TH ANNIVER- the first such protected wilderness in the coun- gressively responsible positions including SARY OF THE WILDERNESS ACT try. In recognition of the leadership and gen- Texas state director and national customer erosity of M. Hartley Dodge, who donated a service center director. Through her tireless HON. RODNEY P. FRELINGHUYSEN considerable portion of the land for the new efforts, she has helped Experience Works ful- OF NEW JERSEY refuge, it carried his name. Had the PA succeeded, the residents of fill its noble mission to assist thousands of ma- IN THE HOUSE OF REPRESENTATIVES New Jersey and New York would have been ture workers over age 55 with job placement, Tuesday, September 9, 2014 the primary losers. The Great Swamp helps job training, and job counseling. Her leader- Mr. FRELINGHUYSEN. Mr. Speaker, I rise regenerate and improves air quality for mil- ship and advocacy, especially for older Ameri- today to honor the Great Swamp National lions of people in New York City and northern cans in rural areas, makes her the ideal recipi- Wildlife Refuge, located in Harding Township, New Jersey, protects water supplies, and pro- ent of the prestigious Cy Carpenter Award. County of Morris, New Jersey, as it celebrates Diane Cowan brings to life Gandhi’s words vides homes to a wide variety of wildlife, in- the 50th Anniversary of the Wilderness Act. cluding more than 200 species of birds— that ‘‘The best way to find yourself is to lose On September 3, 1964, President Lyndon B. yourself in the service of others.’’ Her commit- among them, our national emblem, the Amer- Johnson signed one of the most important and ican Bald Eagle. But the nation would also ment to advocacy and helping others reflects successful pieces of conservation legislation: the best values of Central Texas. I applaud have lost forever this unique natural treasure. The Wilderness Act. Over the past half-cen- My father considered his effort to help pre- her work and wish her success as she con- tury, the Wilderness Act has led to the preser- serve the Great Swamp as the proudest leg- tinues to be a champion for older Americans. vation of environmentally sensitive land in acy of his service in the House of Representa- f more than 750 Wilderness Areas in 44 states tives. During my own tenure in Congress, I across America, encompassing 109 million HONORING THE PHILADELPHIA have followed his lead. Over the years I have acres. OFFICE OF FORENSIC SCIENCE secured Federal funds to expand the Refuge. Almost 7,800 acres of that total is found in Today, the tens of millions of people who the Great Swamp National Wildlife Refuge in visit the Great Swamp and the hundreds of HON. ROBERT A. BRADY Morris County, New Jersey. One of the most other Wilderness Areas across the country OF PENNSYLVANIA beautiful, peaceful, ecologically diverse and can learn about and appreciate some of the IN THE HOUSE OF REPRESENTATIVES environmentally important areas of the Garden most beautiful parts of America’s precious nat- State, the Great Swamp is true wilderness, Tuesday, September 9, 2014 ural heritage. formed by the retreat of the Wisconsin Glacier. Mr. BRADY of Pennsylvania. Mr. Speaker, I President Johnson called the Wilderness The Refuge remains today much as it has for rise today to honor the Philadelphia Office of Act one of the ‘‘most far-reaching conservation millennia. But what took nature thousands of Forensic Science. Forensic science is the ap- measures that a farsighted nation’’ had ever years to create was once almost destroyed in plication of a broad spectrum of sciences and enacted. As we mark its 50th Anniversary, my the blink of an eye. hope is that we will continue to build on its technologies to investigate and establish facts In 1961, the Port of New York Authority (as of interest in relation to criminal or civil law. it was then known) wanted to build another legacy for many years to come. Mr. Speaker, I ask you and my colleagues The word forensic comes from the Latin foren- airport—the fourth—for the metropolitan area. to join me in celebrating the 50th Anniversary sic, meaning ‘‘before the forum.’’ In modern The new airport would have been enormous: of the Wilderness Act. usage, the word defines a category of legal twice the size of Kennedy International Airport. evidence that may be presented in a legal If the Port Authority had its way, it would have f courtroom setting. Forensic science is a vital paved over New Jersey’s Great Swamp, which HONORING ARNOLD HARVEY public service and access to quality forensic the PA maintained was the only practical site analysis dramatically improves the investiga- it could find. tion of criminal activity leading to the exonera- HON. JOHN K. DELANEY Then, as now, the Port Authority was a OF MARYLAND tion of the innocent and the prosecution of the powerful player in the region’s politics. The IN THE HOUSE OF REPRESENTATIVES guilty. Forensic science plays a critical role in Port Authority was used to getting what it public outreach and crime prevention and that wanted. Stopping it would not be easy. But in Tuesday, September 9, 2014 role is evolving within the criminal justice com- what would become one of the nation’s first Mr. DELANEY. Mr. Speaker, today, I pay munity. Crime scene investigators, forensic ex- modern major environmental battles pitting special tribute to an outstanding citizen from aminers and forensic scientists provide unbi- progress against preservation, preservation the State of Maryland, Arnold Harvey. ased, accurate and reliable analyses of evi- and citizen action would win. One of the great strengths of this country is dence recovered from scenes across the na- Among those who fought to save the Great how the American people look out for one an- tion. In the United States there are more than Swamp was the area’s representative in Con- other. When our neighbor is suffering, we lend 12,000 forensic scientists active in the field. gress, my father, Peter H.B. Frelinghuysen. a hand.

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.023 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1370 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 Arnold Harvey personifies that virtue. A of Steffes Registered Holsteins of Elizabeth, Il- CONGRATULATIONS TO PRS FOR Waste Management commercial driver for linois, whose farm was recently awarded the MUSIC ON 100 YEARS OF PRO- over 20 years, Mr. Harvey saw individuals and Illinois Milk Producers’ Association Environ- TECTING SONGWRITERS AND families in need along his route and worked to mental Stewardship Award. COMPOSERS do something about it. In cooperation with his employer, Mr. Harvey organized food and Dennis and Jane have continued to build upon their family’s five-generation tradition of HON. HOWARD COBLE clothing drives. He also founded a non-profit, OF NORTH CAROLINA dairy farming. Along with their daughter Darcy God’s Connection Transition to help those in IN THE HOUSE OF REPRESENTATIVES his community in Gaithersburg, Maryland. and three employees, Dennis and Jane strive Today, in partnership with grocery stores, re- to consistently produce high quality milk, all Tuesday, September 9, 2014 tailers, churches and shelters, his non-profit while staying conscious of the farm’s impact Mr. COBLE. Mr. Speaker, I rise today to donates food to 5,000 families a month. on the environment. recognize PRS for Music—the United King- Arnold Harvey is a shining light helping oth- It was with these goals in mind that the dom’s Performing Rights Society—rep- ers during dark times. The CONGRESSIONAL resenting that nation’s composers, lyricists and Steffes built a concrete tank on their property RECORD should reflect the good work he has music publishers—on its milestone 100th anni- for the storage of manure, water, and yard done as a permanent testament to his gen- versary. erosity and the generosity of the American run-off, with the contents being applied to the Founded in 1914, the same year as people. ground twice a year as part of the farm’s com- ASCAP, its sister American performing rights Mr. Speaker, I ask my colleagues to join me prehensive nutrient management plan. This organization, PRS for Music has, for a cen- in recognizing Arnold Harvey for his out- plan has helped the Steffes to maintain an ef- tury, championed and protected the rights of standing service to his community. fective crop rotation program, ensuring that music writers and publishers by licensing the f the land will continue to produce for years to public performance of their music. Signifi- come. cantly, via reciprocal agreements with Amer- IN RECOGNITION OF WAYNE AND Mr. Speaker, I am proud to know that busi- ica’s performing rights organizations, our JEAN IVEY friends at PRS for Music have protected our nesses such as Steffes Registered Holsteins country’s music creators by making it possible exist, and I want to once again congratulate HON. MIKE ROGERS for American songwriters and composers to the Steffes family and their employees on hav- OF ALABAMA receive royalties when their works are per- ing been recognized by their peers for their IN THE HOUSE OF REPRESENTATIVES formed in the United Kingdom. dedication to environmentally friendly and sus- British music creators who joined the PRS Tuesday, September 9, 2014 tainable farming practices. in its early years include Ivor Novello, the writ- Mr. ROGERS of Alabama. Mr. Speaker, I er of ‘‘Keep the Home Fires Burning,’’ Noe¨l ask for the House’s attention today to recog- f Coward, writer of ‘‘Mad Dogs and English- nize Mr. and Mrs. Wayne Ivey who have been men,’’ Ray Noble, composer of ‘‘The Very married 50 years and serve as clergy in Lee HAPPY 125TH BIRTHDAY TO Thought of You,’’ Jimmy Kennedy, lyricist of County, Alabama. LAFAYETTE, COLORADO ‘‘South of the Border,’’ Gustav Holst, com- Jean of Manchester, Georgia and Wayne of poser of The Planets, Benjamin Britten, com- Columbus, Georgia met while attending a sur- poser of The Young Person’s Guide to the Or- prise birthday party. They were married in HON. JARED POLIS chestra, and pioneering music publishers Wil- Manchester on August 23, 1964. OF COLORADO liam Boosey and Oliver Hawkes, who founded In 1966, Wayne joined the Air Force and he the PRS. and Jean joined a Baptist church in Tampa, IN THE HOUSE OF REPRESENTATIVES As time went on, the musical cross-polli- Florida. Soon after, Wayne began to feel the Tuesday, September 9, 2014 nation between the United States and the call of God to full-time ministry. Since he had United Kingdom grew more and more intense a problem with stuttering, he did not see how Mr. POLIS. Mr. Speaker, I rise today in rec- and PRS songwriters who have made their God could use him as a pastor, but Wayne ognition of the 125th birthday of the city of La- mark on the USA and the world include the soon found when he spoke on subjects related fayette Colorado, one of the historical gems of Beatles, the Rolling Stones, Elton John, Rod to God he did not stutter. the Rocky Mountain Front Range. Lafayette is Stewart, Andrew Lloyd Webber, Phil Collins, After completing his education, Wayne set in a dramatic location at the area that the and Adele. served as pastor in two full-time churches, plains meet the Rocky Mountains. Before the PRS for Music has played a leading role in Pleasant Grove in Abbeville and Midway in the global music industry for 100 years and land was settled, the Cheyenne and Arapahoe Smiths Station, both in Alabama. For almost a has weathered every new development in decade, he has served as part-time pastor of nations roamed the plains. After migrating music delivery and musical style. I hope that Northside Baptist Church in Opelika, Alabama. from the east coast, frontier woman Mary Mil- my colleagues will join me in applauding the Jean currently works part-time as administra- ler raised her six children on the land and cul- significant contributions of PRS for Music and tive assistant for the Tuskegee Lee Baptist As- tivated one of the most successful farms in wishing them many more years of success. sociation. Colorado. In 1888 Mary platted a 150 acre two f They have two children, four grandchildren site and named it Lafayette, after her late hus- and one great-grandchild. band. The town had agricultural and ranching IN RECOGNITION OF DR. A.L. Mr. Speaker, please join me in thanking success which continues to shape its land- WILSON AND NANCY MAE BROWN Wayne and Jean Ivey for their tireless service scape and culture. In 1889 the town was offi- in the Lee County community. cially incorporated into Colorado. HON. MIKE ROGERS f OF ALABAMA After the first mine shaft was dug in 1887, IN THE HOUSE OF REPRESENTATIVES CONGRATULATING STEFFES REG- Lafayette grew to a thriving mining town. The ISTERED HOLSTEINS FOR RE- community survived on the coal mining indus- Tuesday, September 9, 2014 CEIVING THE ILLINOIS MILK try for the century to come. The last mine in Mr. ROGERS of Alabama. Mr. Speaker, I PRODUCERS’ ASSOCIATION ENVI- Lafayette closed in 1956 and the town be- ask for the House’s attention today to recog- RONMENTAL STEWARDSHIP came a successful commercial and small in- nize Dr. and Mrs. A.L. Wilson who have been AWARD dustrial community nestled between Denver married 66 years and serve as clergy in Lee and Boulder. County, Alabama. HON. CHERI BUSTOS A.L. Wilson and his wife, Nancy Mae, were Lafayette is known for their commitment to OF ILLINOIS both born in Elmore County, Alabama and local art, respect of the environment, and his- IN THE HOUSE OF REPRESENTATIVES married on August 8, 1948. The Wilsons torical preservation in their city. I congratulate moved to Lee County in 1954 so Dr. Wilson Tuesday, September 9, 2014 the people of Lafayette for 125 years of com- could be pastor of Thompson Chapel AME Mrs. BUSTOS. Mr. Speaker, I rise today to munity and prosperity and look eagerly for- Zion. Dr. Wilson served as pastor there for 50 congratulate Dennis, Jane, and Darcy Steffes ward to the future of this beautiful city. years.

VerDate Mar 15 2010 07:27 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.027 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1371 A.L. and Nancy Mae raised six children and many artists and played an inspiring role in miliar with the tragedy of this horrific event, I have eight grandchildren. They include: Vandy breaking racial barriers. am reminded of the triumph of the people of Wilson, a retired Air Force veteran and father Born on November 28, 1929, Mr. Berry New Orleans, who worked side by side to of three; Dr. Linda Wilson, who has a Ph.D in Gordy Jr. was raised in Detroit, Michigan as overcome the devastation and rebuild our nursing and has one child; Carolyn Wilson- the seventh of eight children. Before working great city. I remember all of us working to help Dandridge, an Air Force veteran and mother in the entertainment industry, Mr. Gordy pur- our fellow New Orleanians, to feed the dis- of two; Barbara Wilson-Frazier, a graduate of sued a career in boxing and was later drafted placed and support our first responders. Tennessee State University; Michael Wilson, a into the United States Army to serve in the Today, I would like to recognize the con- graduate of Livingstone College in Salisbury, Korean War. tributions of Chef Durio. Chef Durio is a true NC; and Authurine Wilson-Sims, deceased In 1959, Mr. Berry Gordy Jr. founded hero. Not only did he not abandon New Orle- after a short, but successful life as a teacher Motown Records, making his record company ans in her time of need, but doubled down on of special education. She leaves behind two the first African American owned music com- his efforts to help her get through this difficult children. pany in the United States. His record company time. At one point during the aftermath of the Mr. Speaker, please join me in thanking Dr. was the epicenter of one of the most popular hurricane, he would spend days traveling from and Mrs. A.L. Wilson for their tireless service and influential musical movements of the 20th New Orleans to Biloxi, Houston, and Lafayette in the Lee County community. century, the Motown Sound, which combines to prepare meals for first responders and f African American gospel singing with rock and those in need. There are not enough words to roll. truly thank him for playing his part in this RECOGNIZING SOUTHWEST MIS- The Motown Sound helped to desegregate story. SOURI REGIONAL COMMUNITY America’s music industry and the social cli- Louisiana Chef of the year for 2007, and a EMERGENCY RESPONSE TEAM mate of the nation. Mr. Gordy’s vision intro- lifelong New Orleanian, Chef Durio started out duced the world to the soul of the streets of as a barber. I am pleased and honored to HON. BILLY LONG Black America, which included recording art- know him and glad to introduce everyone in OF MISSOURI ists such as Stevie Wonder, Smokey Robin- America to a true American hero. IN THE HOUSE OF REPRESENTATIVES son, Diana Ross, Michael Jackson, the Temp- f tations, and many more. Tuesday, September 9, 2014 Motown Records later expanded to incor- IN RECOGNITION OF JERRY AND Mr. LONG. Mr. Speaker, I rise today to rec- porate other sectors of the entertainment in- JUNE HUNT ognize the Southwest Missouri Regional Com- dustry. Motown’s Black Forum label gave munity Emergency Response Team voice to the Civil Rights and Black Power HON. MIKE ROGERS (MOCERT1) on being awarded one of the Movements through recording the speeches OF ALABAMA 2014 Community Preparedness Awards by the and works of Dr. Martin Luther King Jr., Amiri IN THE HOUSE OF REPRESENTATIVES Federal Emergency Management Agency Baraka, Elaine Brown and many other influen- Tuesday, September 9, 2014 (FEMA). tial leaders. In addition, Motown Records Each year FEMA announces the winners of began producing films to share the stories of Mr. ROGERS of Alabama. Mr. Speaker, I its Individual and Community Preparedness African American life and the deplorable in- ask for the House’s attention today to recog- Awards. These awards are intended to recog- equality of racial segregation, including Lady nize Mr. and Mrs. Jerry Hunt who have been nize the outstanding emergency preparedness Sings the Blues and The Bingo Long Traveling married 66 years and serve as clergy in Lee efforts of individuals, programs, and organiza- All Star. County, Alabama. tions throughout the country. Throughout his prolific career, Mr. Gordy Jerry and June Hunt were married in At- Out of more than 230 applications FEMA re- has been the recipient of numerous awards. In lanta, Georgia on October 24, 1948. Mr. and ceived for the 2014 Individual and Community 1988, he was inducted into the Rock and Roll Mrs. Hunt both grew up with a father who Preparedness Awards only 11 were chosen to Hall of Fame. Mr. Gordy has also been hon- served as a pastor. Pastor Hunt served as the be awarded with the honor. ored with a Star on Hollywood’s Walk of Fame associate pastor with his grandson of the MOCERT1 is the first regional Community and received the Songwriter’s Hall of Fame church where his father and his wife’s father Emergency Response Team (CERT) within Pioneer Award in 2013. served as pastors. This church was Fellowship the State of Missouri. MOCERT1 incorporates I grew up listening to the music of Motown, Primitive Baptist Church in McDonough, Geor- the region’s city and county CERT personnel, and my fondest memories of my teen years gia founded in 1829 in Tucker, Georgia. equipment, and assets into one regionally are learning to dance to the beat of Motown, Pastor Hunt owned a business and was based team. MOCERT1 has enabled larger day dreaming about love and life, and dis- pastor of a church in Atlanta before moving to and stronger response efforts that would not cussing the genius of African American artists Hopewell Primitive Baptist Church in Lee otherwise be possible. MOCERT1 has not and musicians. Berry Gordy captured my County, Alabama in 2008. only deployed relief efforts locally, but their imagination and, to this day, Motown lifts my Jerry and June have three children includ- help has been requested in surrounding states spirit and brings joy into my life. ing: Frances June Hunt, mother of seven; and communities. The many response efforts On behalf of the residents of California’s Jerry M. Hunt, Jr., father of three; and Virginia of MOCERT1 have included helping the com- 13th Congressional District, Mr. Berry Gordy, I Ann Hunt Corley, mother of three. The Hunts munities of Moore, Oklahoma, and Baxter salute you. As we join together on August 18 have 13 grandchildren and 40 great-grand- Springs, Kansas, with tornado relief and re- to celebrate ‘‘Berry Gordy Day’’ in the East children. sponse efforts. Bay, I thank you for a lifetime of service and Mr. Speaker, please join me in thanking I am honored to recognize the members of congratulate you on your many achievements. Jerry and June Hunt for their tireless service MOCERT1 for their outstanding and com- I wish you all the best as your musical con- in the Lee County community. mendable efforts in providing assistance to tributions and work continue to inspire future f local and regional communities. generations in our country and around the IN HONOR OF TOM VIDMAR f world. HONORING BERRY GORDY, JR. f HON. DEVIN NUNES HONORING CHEF DURIO OF CALIFORNIA HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA HON. CEDRIC L. RICHMOND Tuesday, September 9, 2014 IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES Mr. NUNES. Mr. Speaker, I rise today to Tuesday, September 9, 2014 honor the life and career of the late Tom Ms. LEE of California. Mr. Speaker, I rise Tuesday, September 9, 2014 Vidmar. today to recognize ‘‘Berry Gordy Day’’ in Oak- Mr. RICHMOND. Mr. Speaker, as we ap- Tom took on major responsibilities at an land, California, honoring Mr. Berry Gordy Jr.’s proach the ninth anniversary of Hurricane early age, becoming the primary caretaker for many contributions to the music and film in- Katrina, I rise to recognize the resilience dem- himself and his two younger brothers when he dustry. Known as the founder of Motown onstrated by many Louisianans in the years was fourteen. He quit high school to work jobs Records, Mr. Gordy has paved the way for following that tragic event. While we are all fa- at a corner grocery store and at a gas station

VerDate Mar 15 2010 08:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.032 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1372 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2014 At the age of seventeen he joined the U.S. RECOGNIZING THE 2014 GREEN The East Bay Regional Park District Navy, working as a jet mechanic and later pa- RIBBON SCHOOLS emerged from a popular movement during the trolling the coast of Vietnam. After completing Great Depression that sought to provide resi- his military service, he worked various jobs HON. JIM MATHESON dents with recreational opportunities and em- while simultaneously earning a high school di- OF UTAH ployment. The District began by developing ploma, a degree from Fresno City College, IN THE HOUSE OF REPRESENTATIVES parks within the region, including Temescal, Tilden and Sibley Regional Parks. By 1939, it and eventually a Bachelor of Science Degree Tuesday, September 9, 2014 started the process of acquiring land for Red- in Industrial Technology and a minor in Busi- Mr. MATHESON. Mr. Speaker, I rise today wood Regional Park. ness from California State University, Fresno. as Chairman of the Green Schools Caucus to Today, over 25 million people visit East Bay After working as a representative of Ford highlight the important contributions of the De- parks annually to walk, hike, bicycle and jog Motor Co., Mr. Vidmar established Anlin Win- partment of Education’s Green Ribbon on the parks’ 1,200 miles of trails. In addition, dow Systems in Fresno, moving the company Schools Program and to congratulate all the visitors have the opportunity to swim, boat and schools recognized as 2014 Green Ribbon to Clovis in 1999. The company grew to en- fish at the District’s nine park lakes and twelve Schools. This program began in 2011, and compass 350 employees and earned many beaches. The District also hosts nine interpre- seeks to encourage schools, school districts, tive centers that educate visitors about the re- accolades, including its designation by this and institutions of higher education to adopt gion’s cultural history, wildlife and natural fea- very House as an ‘‘Industrial Business of the practices focused on sustainability, health, and tures. Year.’’ It is well known not only for being a environmental education. The East Bay Regional Park District has re- successful company, but also for the icons of The Green Ribbon Schools Program offers ceived numerous accolades for its dedication Americana and the U.S. flags that adorn its awards for outstanding performance based on to natural preservation and East Bay recre- building, as well as its Fourth of July military three categories of achievement. Schools and ation. It has received the California Parks and tributes and Christmas displays. districts are first evaluated on the basis of suc- Recreation Society’s Award for Excellence for cess in reducing their overall environmental These characteristics reflected the qualities Creating Community for its exceptional com- impact. The award also evaluates school and of the company’s founder. Mr. Vidmar was a munity-building efforts through park-related district strategies to improve the health and events, one of five awards it has received deeply religious man and an altruistic member wellness of students and staff. Lastly, the from the Society in the past six years. of the community who supported a wide array Green Ribbon Schools Program examines the I personally appreciate the impact that the of local charitable activities. He was a great extent to which environmental education is of- East Bay Regional Park District has on our patriot and proud family man whose sons, fered, and whether those programs incor- youth. When I was a girl growing up in El both of whom were among Anlin’s very first porate STEM subjects, civics, and green ca- Paso, Texas, my sister and I broke barriers by employees, now help run the family business. reer counseling. All those recognized this year being the only African Americans in our Girl He leaves behind his wife Linda, two sons, have made exceptional strides in each of Scout troop. We were fortunate to have ac- eight grandchildren, and a community that is these areas. cess to nature through the Girl Scouts, and it grateful for all his contributions. Those recognized are invited to Wash- impressed upon me at an early age the need ington, DC each year to share their experi- to preserve outdoor open spaces where young f ences and discuss best practices with other children can learn about nature, the impor- leaders in the field. This process of sharing in- tance of our ecosystem and environment, and SAN BRUNO 4TH ANNIVERSARY formation and highlighting the achievements of to have a natural environment in which to individual schools and districts offers an incen- play. For the youth who grow up in highly ur- tive for others to work toward a common goal banized East Bay cities, East Bay parks rep- HON. JACKIE SPEIER of a more sustainable future. It also offers the resent an environment that can broaden a chance for school officials to compare and child’s perspectives of space and coexistence OF CALIFORNIA contrast strategies for improving curriculums, with nature. IN THE HOUSE OF REPRESENTATIVES engage on ways to implement these strate- I commend the East Bay Regional Park Dis- gies, and share their successes with others. trict for providing our community with a Tuesday, September 9, 2014 At a time when we seek to reduce our car- wellspring of recreational and educational op- bon footprint, initiatives such as the Green Ms. SPEIER. Mr. Speaker, four years ago portunity for the past 80 years. The District’s Ribbon Schools Program are a valuable step continual efforts to foster community and today, a massive explosion killed eight of my toward lessening our impact on the environ- learning benefit all Bay Area residents and constituents, injured 66, and destroyed 38 ment and educating others as how best to visitors. homes, and scarred a San Bruno neighbor- maintain a healthy and sustainable environ- On behalf of the residents of California’s hood. ment. Our schools are well positioned to be 13th Congressional District, I extend my con- The fire roared for 90 minutes until PG&E fi- leaders in the effort to combat climate change gratulations on this important milestone and nally located the gas line’s manual shut-off and I commend those schools and districts thank all of the people who have contributed valve. Last week the California Public Utilities who have chosen to participate. to the success of the East Bay Regional Park Congratulations again to those who have Commission recommended a $1.4 billion fine. District throughout the years. I wish the District been recognized as 2014 Green Ribbon Their punishment must send a message to all continued success in the years to come. Schools. utilities across the country: putting profits be- f f fore safety has serious consequences. IN RECOGNITION OF LEONARD We’re good at passing legislation that HONORING THE EAST BAY AND MARY BRYANT REGIONAL PARK DISTRICT doesn’t solve problems and patting ourselves on the back. The fact that there have been ten HON. MIKE ROGERS more explosions since then shows we must do HON. BARBARA LEE OF ALABAMA OF CALIFORNIA more. That’s why I’ll be introducing legislation IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES that will adopt recommendations from the Na- Tuesday, September 9, 2014 tional Transportation Safety Board including Tuesday, September 9, 2014 Mr. ROGERS of Alabama. Mr. Speaker, I requiring auto and remote shut off valves and Ms. LEE of California. Mr. Speaker, I rise ask for the House’s attention today to recog- hydrostatic testing. today to honor the East Bay Regional Park nize Mr. and Mrs. Leonard Bryant who have District upon its 80th anniversary. Since its been married 57 years and serve as clergy in Please join me in honoring the families of founding in 1934, the District has provided Al- Lee County, Alabama. the Crestmoor neighborhood and the first re- ameda County and Contra Costa County resi- Leonard and Mary Bryant met in Sunday sponders. I also ask you to join me in remem- dents with healthy recreation and environ- School at Green Chapel Missionary Baptist bering the lives of Jacqueline Greig [Greg], mental education. Encompassing over 65 Church. They attended Southern Union and Janessa Greig [Greg], Jessica Morales, Eliza- parks and 114,000 acres of land, the East Bay Selma University graduating with a degree in beth Torres, Lavonne Bullis, Greg Bullis, Will Regional Park District is the largest regional Theology. They were married on October 6, Bullis, and James Emil Franco. park district in the United States. 1957.

VerDate Mar 15 2010 08:00 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.037 E09SEPT1 smartinez on DSK4TPTVN1PROD with REMARKS September 9, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1373 The Bryants have lived in Opelika their en- the extinction of the Passenger Pigeon helped It is a privilege to represent a district with tire lives and have been pastor at three assemble the American conservation move- citizens who not only work tirelessly to help churches in Waverly, Dadeville and Fort ment of the early 20th century; and those in need but strive to achieve a higher Davis, all in Alabama. Whereas; the story of the Passenger Pigeon professional standard. His passion and dedi- Leonard and Mary raised four daughters in- can serve as a cautionary tale and raise cation is an inspiration to the Jewish commu- cluding: Lindie Bryant-Payne, Carmella Bryant- awareness of current issues related to human- nity, and I have no doubt that we will continue McGhee, Dale Bryant-Williams and Janyce caused extinction, explore connections be- to see great things from Gary in the future. Bryant. They have seven grandchildren and tween humans and nature, and inspire the f six great-grandchildren. building of sustainable relationships with other Mr. Speaker, please join me in thanking species; and HONORING DEREK JETER Leonard and Mary Bryant for their tireless Whereas; the history of the Passenger Pi- service in the Lee County community. geon is relevant today due to the fact more HON. JOSE´ E. SERRANO f than 30 percent of amphibians are threatened OF NEW YORK with extinction, many species of birds, bats IN THE HOUSE OF REPRESENTATIVES RECOGNIZING NATIONAL SCHOOL and honeybees are in rapid decline and when Tuesday, September 9, 2014 SPIRIT DAY it is projected that 25 percent of the U.S.’s native plant species may go extinct by mid-cen- Mr. SERRANO. Mr. Speaker, I rise to pay HON. ALAN GRAYSON tury; and tribute to one of history’s most distinguished OF FLORIDA Whereas; Project Passenger Pigeon, a con- New York Yankees, Derek Jeter. Derek has spent the last 20 years thrilling Bronx resi- IN THE HOUSE OF REPRESENTATIVES sortium of over 150 institutions, scientists, conservationists, educators, artists, musicians, dents and Yankees fans across the nation Tuesday, September 9, 2014 filmmakers and others throughout the nation is with his unparalleled performances on the Mr. GRAYSON. Mr. Speaker, I rise today to using the centenary of the species extinction field. He has been one of the greatest recognize September 12, 2014 as National to tell the story of the Passenger Pigeon; and shortstops in the modern game, and as his School Spirit Day, which was created to rec- Whereas; the story of the Passenger Pi- final season comes to a close, he has re- ognize the great efforts of cheerleaders on be- geon, once an example of nature’s abun- ceived many accolades and messages of half of their schools and communities. On this dance, and its subsequent extinction is unique thanks for his dedication to this illustrious fran- day, cheer teams nationwide will galvanize to American history; chise. their schools to perform community service Now Therefore, be it known that the under- Derek Jeter has spent his entire career with projects. signed Member of the United States Con- the Yankees organization, from the time he Varsity Brands began National School Spirit gress, the Honorable L. Tammy Duckworth of was drafted as an 18-year-old out of Kala- Day in 2009 in order to highlight all of the the Eighth Congressional District of Illinois, mazoo, Michigan. He has excelled at whatever ways our nation’s cheerleaders and dancers hereby recognizes the anniversary of the Pas- he was asked to do for the organization, and make a difference in their schools and com- senger Pigeon’s extinction and its importance has led the Yankees during one of their most munities as mentors, community service lead- in remembering our natural heritage and na- successful eras. During his time as a Yankee, ers, and positive role models. As part of Na- tion’s wildlife and the role we can play in con- the organization has won 5 World Series, and tional School Spirit Day, cheerleaders and serving them. Derek played an important part in those vic- dancers will hold pep rallies, and invite all stu- f tories. His incredible baseball skills are only dents to volunteer with local charities and per- surpassed by the maturity and leadership he form at least four hours of community service. HONORING GARY LESSER has shown on the field. In almost every as- Students have volunteered in a number of pect, he has earned the nickname bestowed ways including by visiting community nursing HON. THEODORE E. DEUTCH upon him: The Captain. homes, cleaning school facilities and grounds, OF FLORIDA His statistics show what an influence he has fundraising for charities, getting involved with IN THE HOUSE OF REPRESENTATIVES had on the field, and his hard work and suc- the Make-A-Wish Foundation, and holding car cess has been recognized by baseball fans, Tuesday, September 9, 2014 washes for charity. Since 2009, cheerleaders writers, and peers. He won the Rookie of the and dancers have pledged more than 500,000 Mr. DEUTCH. Mr. Speaker, I rise today in Year award in his first full season in the Amer- community service hours as a result of Na- honor of Gary Lesser, who has received the ican League, and went on to become a 14- tional School Spirit Day efforts. National 2014 American Jewish Committee Judge time All-Star and a 5-time Golden Glove win- School Spirit Day is an opportunity for Amer- Learned Hand award for his outstanding ac- ner. He has a lifetime average of .310, and ica’s future leaders to stand out and have a complishments in the legal profession and ex- has amassed an astounding 3,448 hits as of positive impact in their communities. emplary service to the community. Gary is an Friday, September 5th, a total surpassed by I ask my colleagues to please join me in individual dedicated to maintaining the highest only 5 other players in baseball history. He recognizing September 12, 2014 as National ethical legal standards and has displayed a has been even more vital when the Yankees School Spirit Day. level of commitment to his clients and profes- have needed it most—during his seven World f sion that can be admired by all. Series appearances, he batted .321, and was Gary Lesser is the Managing Partner of named MVP of the 2000 World Series. COMMEMORATING THE CEN- Lesser, Lesser, Landy, & Smith, PLLC, and Derek has also led in his actions off the TENARY OF THE PASSENGER PI- concentrates in general personal injury mat- field. Through the Turn 2 Foundation, a charity GEON’S EXTINCTION AND THE ters. As a member of the Florida Bar Board of he founded in 1996, Derek has helped chil- PASSENGER PIGEON PROJECT Governors and past chair of the Florida Bar dren in Western Michigan, New York City, and Professional Ethics Committee, Gary has the Tampa-St. Petersburg area to live HON. TAMMY DUCKWORTH demonstrated an incredible commitment to the healthier lives and to turn away from drugs OF ILLINOIS ethical practice of law. Highly regarded in the and alcohol. In New York City, the foundation IN THE HOUSE OF REPRESENTATIVES legal community, he is frequently called upon has partnered with the New York City Parks to lecture on personal injury law and various and Recreation Department to create four free Tuesday, September 9, 2014 ethics issues and has been interviewed by after-school programs that serve more than Ms. DUCKWORTH. Mr. Speaker, I submit local and national media regarding cases, im- 300 children. the following. portant ethical and legal issues, and his serv- Derek Jeter will be retiring at the end of this Whereas; the Passenger Pigeon, Ectopistes ice to the community. Aside from his suc- season, ending an illustrious, Hall of Fame- Migratorius, was once the most abundant bird cesses in the legal profession, Gary is also a worthy career. He has become a part of the in North America with a population exceeding devoted member of the Jewish community. He fabric of the Yankees and of the Bronx. Al- 3 billion; and has served as Chair of the Jewish Federation though we will get used to seeing him suc- Whereas; due to unregulated market hunt- Business & Professions Cabinet and as Legal ceed in other endeavors, for Yankees fans it ing in the 19th century, the population plum- and Fundraising Vice President of the Arthur will be difficult to imagine the shortstop posi- meted towards extinction; and Meyer Jewish Academy, where he has been a tion without number 2 there. I congratulate Whereas; the death of Martha, the last Pas- member of the Board of Directors for over Derek on an outstanding career, thank him for senger Pigeon, on September 1, 1914, and twenty years. his contributions to the Yankees and to the

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NOMINATIONS and Wiley Price, St. Louis American, St. Louis, Mis- Committee on Environment and Public Works: Com- souri. mittee concluded a hearing to examine the nomina- NOMINATION tions of Jeffery Martin Baran, of Virginia, who was introduced by Representative Waxman, and Stephen Committee on Health, Education, Labor, and Pensions: G. Burns, of Maryland, who was introduced by Sen- Committee concluded a hearing to examine the ator Cardin, both to be a Member of the Nuclear nomination of Sharon Block, of the District of Co- Regulatory Commission, after the nominees testified lumbia, to be a Member of the National Labor Rela- and answered questions in their own behalf. tions Board, after the nominee, who was introduced by Senator Murphy, testified and answered questions ARMS CONTROL COMPLIANCE in her own behalf. Committee on Foreign Relations: Committee received a NOMINATIONS closed briefing on Arms Control Compliance issues from Rose Gottemoeller, Under Secretary of State for Committee on the Judiciary: Committee concluded a Arms Control and International Security; and M. hearing to examine the nominations of Jorge Luis Elaine Bunn, Deputy Assistant Secretary for Nuclear Alonso, who was introduced by Senator Durbin, and and Missile Defense Policy, and Colonel Gary Jen- John Robert Blakey, who was introduced by Senator kins, Joint Chiefs of Staff, both of the Department Kirk, both to be a United States District Judge for of Defense. the Northern District of Illinois, Amos L. Mazzant, III, and Robert William Schroeder III, both to be a FEDERAL PROGRAMS FOR EQUIPPING United States District Judge for the Eastern District STATE AND LOCAL LAW ENFORCEMENT of Texas, and Robert Lee Pitman, to be United AGENCIES States District Judge for the Western District of Committee on Homeland Security and Governmental Af- Texas, who were all introduced by Senator Cornyn, fairs: Committee concluded an oversight hearing to after the nominees testified and answered questions examine Federal programs for equipping State and in their own behalf. local law enforcement agencies, after receiving testimony from Alan Estevez, Principal Deputy Under THE STATE OF VA HEALTH CARE Secretary of Defense for Acquisition, Logistics and Committee on Veterans’ Affairs: Committee concluded a Technology; Brian E. Kamoie, Assistant Adminis- hearing to examine the state of VA health care, after trator for Grant Programs, Federal Emergency Man- receiving testimony from Richard J. Griffin, Acting agement Agency, Department of Homeland Security; Inspector General, Office of Inspector General, and Karol V. Mason, Assistant Attorney General, Office Robert A. McDonald, Secretary, both of the Depart- of Justice Programs, Department of Justice; Jim ment of Veterans Affairs. Bueermann, Police Foundation, and Hilary O. Shelton, National Association for the Advancement INTELLIGENCE of Colored People Washington Bureau, both of Select Committee on Intelligence: Committee met in Washington, DC; Peter B. Kraska, Eastern Kentucky closed session to receive a briefing on certain intel- University, Richmond; Mark Lomax, National Tac- ligence matters from officials of the intelligence tical Officers Association, Doylestown, Pennsylvania; community. h House of Representatives H.R. 4067,to provide for the extension of the en- Chamber Action forcement instruction on supervision requirements Public Bills and Resolutions Introduced: 14 pub- for outpatient therapeutic services in critical access lic bills, H.R. 5417–5430; and 2 resolutions, H.J. and small rural hospitals through 2014 (H. Rept. Res. 124; and H. Res. 718 were introduced. 113–582, Pt. 1); Pages H7387–88 H.R. 4321, to amend the National Labor Rela- Additional Cosponsors: Pages H7388–89 tions Act to require that lists of employees eligible to vote in organizing elections be provided to the Reports Filed: Reports were filed today as follows:

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Page H7387 Pages H7325–35 Speaker: Read a letter from the Speaker wherein he Pursuant to the rule, the amendments to the reso- appointed Representative Jolly to act as Speaker pro lution and the preamble recommended by the Com- tempore for today. Page H7299 mittee on Armed Services now printed in the resolu- Recess: The House recessed at 10:42 a.m. and re- tion shall be considered as adopted. Page H7325 convened at 12 noon. Page H7303 Agreed to amend the title so as to read: ‘‘Con- demning and disapproving of the failure of the Chaplain: The prayer was offered by the guest chap- Obama administration to comply with the lawful lain, Reverend Glen Berteau, The House Modesto, statutory requirement to notify Congress before Modesto, California. Pages H7303–04 transferring individuals detained at United States Waters of the United States Regulatory Over- Naval Station, Guantanamo Bay, Cuba, and express- reach Protection Act of 2014: The House passed ing concern about the national security risks over the H.R. 5078, to preserve existing rights and respon- transfer of five Taliban leaders and the repercussions sibilities with respect to waters of the United States, of negotiating with terrorists.’’. Page H7335 by a yea-and-nay vote of 262 yeas to 152 nays, Roll H. Res. 715, the rule providing for consideration No. 489. Pages H7307–39 of the bill (H.R. 5078) and the resolution (H. Res. Rejected the Huffman motion to recommit the 644) was agreed to by a yea-and-nay vote of 229 bill to the Committee on Transportation and Infra- yeas to 179 nays, Roll No. 484, after the previous structure with instructions to report the same back question was ordered without objection. to the House forthwith with an amendment, by a recorded vote of 177 ayes to 235 noes, Roll No. 488. Pages H7307–14 Pages H7337–38 Suspensions: The House agreed to suspend the rules Rejected: and pass the following measures: Bishop (NY) amendment (No. 2 printed in H. Providing for the extension of the enforcement Rept. 113–581) that sought to provide policy provi- instruction on supervision requirements for out- sions that the Secretary and Administrator are pro- patient therapeutic services in critical access and hibited from including in a final rule (by a recorded small rural hospitals through 2014: H.R. 4067, to vote of 163 ayes to 248 noes, Roll No. 486) and provide for the extension of the enforcement instruc- Pages H7322–23, H7335–36 tion on supervision requirements for outpatient Bishop (NY) amendment (No. 3 printed in H. therapeutic services in critical access and small rural Rept. 113–581) that sought to state that provisions hospitals through 2014; Pages H7339–41 of the bill do not apply if it is determined implementation is likely to have an adverse impact on Sudden Unexpected Death Data Enhancement water quality (by a recorded vote of 170 ayes to 240 and Awareness Act: H.R. 669, amended, to amend noes, Roll No. 487). Pages H7323–25, H7336–37 the Public Health Service Act to improve the health H. Res. 715, the rule providing for consideration of children and help better understand and enhance of the bill (H.R. 5078) and the resolution (H. Res. awareness about unexpected sudden death in early 644) was agreed to by a yea-and-nay vote of 229 life; Pages H7341–43 yeas to 179 nays, Roll No. 484, after the previous Wakefield Act of 2014: H.R. 4290, amended, to question was ordered without objection. amend the Public Health Service Act to reauthorize Pages H7307–14 the Emergency Medical Services for Children Pro- Condemning and disapproving of the Obama ad- gram; Pages H7343–44 ministration’s failure to comply with the lawful Vector-Borne Disease Research Accountability statutory requirement to notify Congress before and Transparency Act of 2014: H.R. 4701, amend- releasing individuals detained at United States ed, to provide for scientific frameworks with respect Naval Station, Guantanamo Bay, Cuba: The to vector-borne diseases; and Pages H7344–47 House agreed to H. Res. 644, to condemn and dis- approve of the Obama administration’s failure to

VerDate Mar 15 2010 10:42 Sep 10, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE4.REC D09SEPT1 smartinez on DSK4TPTVN1PROD with DIGEST D930 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2014 Agreed to amend the title so as to read: ‘‘To pro- neth W. Anderson, Jr., Commissioner, Public Util- vide for research with respect to Lyme disease and ity Commission of Texas; Travis Kavulla, Commis- other tick-borne diseases, and for other purposes.’’. sioner, Montana Public Service Commission; Henry Page H7347 R. Darwin, Director, Arizona Department of Envi- Anti-Spoofing Act: H.R. 3670, amended, to ronmental Quality; Tom W. Easterly, Commissioner, amend the Communications Act of 1934 to expand Indiana Department of Environmental Management; and clarify the prohibition on provision of inaccurate Kelly Speakes-Backman, Commissioner, Maryland caller identification information. Pages H7347–49 Public Service Commission; and David W. Danner, Suspension—Proceedings Postponed: The House Chairman, Washington Utilities and Transportation debated the following measure under suspension of Commission. the rules. Further proceedings were postponed: HAMAS’ BENEFACTORS: A NETWORK OF Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014: H.R. 5161, to pro- TERROR mote the non-exclusive use of electronic labeling for Committee on Foreign Affairs: Subcommittee on the devices licensed by the Federal Communications Middle East and North Africa; and Subcommittee on Commission. Pages H7349–50 Terrorism, Nonproliferation, and Trade, held a joint Quorum Calls—Votes: Three yea-and-nay votes subcommittee hearing entitled ‘‘Hamas’ Benefactors: and three recorded votes developed during the pro- A Network of Terror’’. Testimony was heard from ceedings of today and appear on pages H7314, public witnesses. H7335, H7336, H7336–37, H7338, H7338–39. There were no quorum calls. MISCELLANEOUS MEASURE Adjournment: The House met at 10 a.m. and ad- Committee on Foreign Affairs: Subcommittee on Asia journed at 7:52 p.m. and the Pacific held a markup on H.R. 4377, the ‘‘Burma Human Rights and Democracy Act of Committee Meetings 2014’’. The bill was forwarded to the Full Com- mittee, without amendment. EXPANDING JOINT EMPLOYER STATUS: WHAT DOES IT MEAN FOR WORKERS AND STRATEGY AND MISSION OF THE DHS JOB CREATORS? SCIENCE AND TECHNOLOGY Committee on Education and the Workforce: Sub- DIRECTORATE committee on Health, Employment, Labor, and Pen- sions held a hearing entitled ‘‘Expanding Joint Em- Committee on Homeland Security: Subcommittee on Cy- ployer Status: What Does it Mean for Workers and bersecurity, Infrastructure Protection, and Security Job Creators?’’. Testimony was heard from public Technologies; and the Subcommittee on Research witnesses. and Technology of the Committee on Science, Space, and Technology, held a joint hearing entitled ‘‘Strat- 21ST CENTURY CURES: EXAMINING THE egy and Mission of the DHS Science and Technology REGULATION OF LABORATORY Directorate’’. Testimony was heard from Reginald DEVELOPED TESTS Brothers, Under Secretary, Science and Technology, Committee on Energy and Commerce: Subcommittee on Department of Homeland Security; and David C. Health held a hearing entitled ‘‘21st Century Cures: Maurer, Director, Homeland Security and Justice, Examining the Regulation of Laboratory Developed Government Accountability Office. Tests’’. Testimony was heard from Jeffrey Shuren, Director, Center for Devices and Radiological ACCESS TO JUSTICE?: DOES DOJ’S OFFICE Health, Food and Drug Administration; and public OF INSPECTOR GENERAL HAVE ACCESS TO witnesses. INFORMATION NEEDED TO CONDUCT STATE PERSPECTIVES: QUESTIONS PROPER OVERSIGHT? CONCERNING EPA’S PROPOSED CLEAN Committee on the Judiciary: Full Committee held a POWER PLAN hearing entitled ‘‘Access to Justice?: Does DOJ’s Of- Committee on Energy and Commerce: Subcommittee on fice of Inspector General Have Access to Information Energy and Power held a hearing entitled ‘‘State Needed to Conduct Proper Oversight?’’. Testimony Perspectives: Questions Concerning EPA’s Proposed was heard from Michael E. Horowitz, Inspector Gen- Clean Power Plan’’. Testimony was heard from Ken- eral, Department of Justice.

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EXAMINING THE ADMINISTRATION’S LEGISLATIVE MEASURES TREATMENT OF WHISTLEBLOWERS Committee on Natural Resources: Full Committee held Committee on Oversight and Government Reform: Sub- a hearing on the following legislation: H.R. 1314, committee on Federal Workforce, U.S. Postal Serv- to amend the Endangered Species Act of 1973 to es- ice, and the Census held a hearing entitled ‘‘Exam- tablish a procedure for approval of certain settle- ining the Administration’s Treatment of Whistle- ments; H.R. 1927, the ‘‘More Water and Security blowers’’. Testimony was heard from Carolyn Lerner, for Californians Act’’; H.R. 4256, the ‘‘Endangered Special Counsel, U.S. Office of Special Counsel; Species Improvement Act of 2014’’; H.R. 4284, the Susan Tsui Grundmann, Chair, U.S. Merit Systems ‘‘ESA Improvement Act of 2014’’; H.R. 4319, the Protection Board; and public witnesses. ‘‘Common Sense in Species Protection Act of 2014’’; and H.R. 4866, the ‘‘Lesser Prairie Chicken Vol- EMPLOYEE HEALTH CARE PROTECTION untary Recovery Act of 2014’’. Testimony was heard ACT OF 2013 from Todd Staples, Commissioner, Texas Depart- Committee on Rules: Full Committee held a hearing on ment of Agriculture; Gary Frazer, Assistant Director H.R. 3522, the ‘‘Employee Health Care Protection for Ecological Services, Fish and Wildlife Service, Act of 2013’’. The committee granted, by record Department of the Interior; Dave Miller, Commis- vote of 7–4, a closed rule for H.R. 3522. The rule sioner, Iron County, Utah; Robin Jennison, Sec- provides one hour of debate equally divided and con- retary, Kansas Department of Wildlife Parks and trolled by the chair and ranking minority member Tourism; Donna Wieting, Director, Office of Pro- of the Committee on Energy and Commerce. The tected Resources, National Marine Fisheries Service, rule waives all points of order against consideration National Oceanic and Atmospheric Administration; of the bill. The rule provides that an amendment in and public witnesses. the nature of a substitute consisting of the text of LEGISLATIVE MEASURES Rules Committee Print 113–56, modified by the Committee on Natural Resources: Subcommittee on Pub- amendment printed in the Rules Committee report, lic Lands and Environmental Regulation held a hear- shall be considered as adopted and the bill, as ing on the following legislation: H.R. 3326, the amended, shall be considered as read. The rule ‘‘Trinity County Land Exchange Act of 2013’’; H.R. waives all points of order against provisions in the 3411, the ‘‘Sabine National Forest Land Exchange bill, as amended. The rule provides one motion to Act of 2013’’; H.R. 4846, the ‘‘Arapaho National recommit with or without instructions. Testimony Forest Boundary Adjustment Act of 2014’’; H.R. was heard from the following: Representatives Bur- 5003, the ‘‘Kennesaw Mountain National Battlefield gess and Gene Green of Texas. Park Boundary Adjustment Act of 2014’’; H.R. 5040, the ‘‘Idaho County Shooting Range Land Con- BAKKEN PETROLEUM: THE SUBSTANCE OF veyance Act’’; H.R. 5074, the ‘‘Land Adjacency No- ENERGY INDEPENDENCE tification and Disclosure Act’’; H.R. 5162, to amend Committee on Science, Space, and Technology: Sub- the Act entitled ‘‘An Act to allow a certain parcel committee on Energy; and Subcommittee on Over- of land in Rockingham County, Virginia, to be used sight, held a joint subcommittee hearing entitled for a child care center’’ to remove the use restriction, ‘‘Bakken Petroleum: The Substance of Energy Inde- and for other purposes; and H.R. 5167, to direct the pendence’’. Testimony was heard from Timothy But- Administrator of General Services, on behalf of the ters, Deputy Administrator, Pipeline and Hazardous Secretary of the Interior, to convey certain Federal Materials Safety Administration, Department of property located in the National Petroleum Reserve Transportation; Chris Smith, Principal Deputy As- in Alaska to the Olgoonik Corporation, an Alaska sistant Secretary, Office of Fossil Energy, Depart- Native Corporation established under the Alaska Na- ment of Energy; Mark Zoanetti, Deputy Chief of tive Claims Settlement Act. Testimony was heard Special Operations, Syracuse Fire Department; and from Representative Polis; Leslie A.C. Weldon, Dep- public witnesses.

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PERMITTING PROCESS Committee on Indian Affairs: to hold an oversight hearing to examine irrigation projects in Indian country, 2:30 Committee on Transportation and Infrastructure: Sub- p.m., SD–628. committee on Highways and Transit held a hearing Committee on Rules and Administration: to hold hearings entitled ‘‘Surface Transportation Infrastructure to examine the nominations of Matthew Vincent Projects: Case Studies of the Federal Environmental Masterson, of Ohio, and Christy A. McCormick, of Vir- Review and Permitting Process’’. Testimony was ginia, both to be a Member of the Election Assistance heard from Carlos Braceras, Executive Director, Utah Commission, 10 a.m., SR–301. Department of Transportation; Lynn Peterson, Sec- Special Committee on Aging: to hold hearings to examine Older Americans and student loan debt, 2:15 p.m., retary, Washington State Department of Transpor- SD–562. tation; Carlos Swonke, Director, Environmental Af- fairs Division, Texas Department of Transportation; House and a public witness. Committee on Agriculture, Subcommittee on Conserva- SOCIAL IMPACT BONDS AND WHETHER tion, Energy, and Forestry, hearing to review the U.S. Forest Service’s proposed groundwater directive, 10 a.m., THEY CAN HELP GOVERNMENT ACHIEVE 1300 Longworth. BETTER RESULTS FOR FAMILIES IN NEED Committee on Armed Services, Subcommittee on Intel- Committee on Ways and Means: Subcommittee on ligence, Emerging Threats and Capabilities, hearing enti- Human Resources held a hearing on Social Impact tled ‘‘Operationalizing Cyber for the Military Services’’, 2 Bonds and whether they can help government p.m., 2212 Rayburn. achieve better results for families in need. Testimony Committee on Education and the Workforce, Subcommittee was heard from David Juppe, Senior Operating on Higher Education and Workforce Training; and Sub- committee on Early Childhood, Elementary, and Sec- Budget Manager, Maryland Department of Legisla- ondary Education, joint hearing entitled ‘‘Improving De- tive Services; and public witnesses. partment of Education Policies and Programs Through Independent Oversight’’, 9:30 a.m., 2175 Rayburn. Joint Meetings Committee on Financial Services, Subcommittee on Finan- No joint committee meetings were held. cial Institutions and Consumer Credit, hearing entitled ‘‘An Overview of the Credit Reporting System’’, 2 p.m., f 2128 Rayburn. COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Foreign Affairs, Full Committee, hearing SEPTEMBER 10, 2014 entitled ‘‘Libya’s Descent’’, 10 a.m., 2172 Rayburn. Subcommittee on Africa, Global Health, Global (Committee meetings are open unless otherwise indicated) Human Rights, and International Organizations; and Subcommittee on the Middle East and North Africa, Senate joint subcommittee hearing entitled ‘‘Genocidal Attacks Committee on Agriculture, Nutrition, and Forestry: to hold Against Christian and Other Religious Minorities in Syria hearings to examine the nomination of Lisa Afua Serwah and Iraq’’, 2 p.m., 2172 Rayburn. Mensah, of Maryland, to be Under Secretary of Agri- Committee on Homeland Security, Subcommittee on Bor- culture for Rural Development, 10 a.m., SR–328A. der and Maritime Security, hearing entitled ‘‘One Flight Committee on Commerce, Science, and Transportation: to Away: An Examination of the Threat posed by ISIS Ter- hold hearings to examine freight rail service, focusing on rorists with Western Passports’’, 10 a.m., 311 Cannon. improving the performance of America’s rail system, 2:30 Committee on the Judiciary, Full Committee, markup on p.m., SR–253. the following legislation: H.R. 4771, the ‘‘Designer Ana- Committee on Foreign Relations: to hold hearings to exam- bolic Steroid Control Act of 2014’’; H.R. 4299, the ‘‘Im- ine the nominations of William V. Roebuck, of North proving Regulatory Transparency for New Medical Thera- Carolina, to be Ambassador to the Kingdom of Bahrain, pies Act’’; H.R. 5108, to establish the Law School Clinic Judith Beth Cefkin, of Colorado, to be Ambassador to the Certification Program of the United States Patent and Republic of Fiji, and to serve concurrently and without Trademark Office, and for other purposes; H.R. 5401, the additional compensation as Ambassador to the Republic ‘‘Protecting the Homeland Act’’; H.R. 5421, the ‘‘Finan- of Kiribati, the Republic of Nauru, the Kingdom of cial Institution Bankruptcy Act of 2014’’; H.R. 5233, the Tonga, and Tuvalu, Barbara A. Leaf, of Virginia, to be ‘‘Trade Secrets Protection Act of 2014’’; and H.R. 5402, Ambassador to the United Arab Emirates, and Pamela the ‘‘Standard Merger and Acquisition Reviews Through Leora Spratlen, of California, to be Ambassador to the Re- Equal Rules Act of 2014’’, 10 a.m., 2141 Rayburn. public of Uzbekistan, all of the Department of State, Committee on Natural Resources, Full Committee, hearing 10:30 a.m., SD–419. entitled ‘‘The Status of the Fish and Wildlife Service’s

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Responses to Committee Subpoenas and the Continued Committee on Transportation and Infrastructure, Sub- Lack of Transparency about Its Implementation and En- committee on Coast Guard and Maritime Transportation, forcement of American Wildlife Laws, and Oversight of hearing entitled ‘‘The Status of the Merchant Marine’’, the Department of the Interior’s Solicitor’s Office’’, 10 9:30 a.m., 2167 Rayburn. a.m., 1324 Longworth. Committee on Veterans’ Affairs, Full Committee, markup Subcommittee on Water and Power, hearing on H.R. on the following legislation: H.R. 5404, to amend title 5412, the ‘‘Bureau of Reclamation Surface Water Storage 38, United States Code, to extend certain expiring provi- Streamlining Act’’, 2 p.m., 1324 Longworth. sions of law administered by the Secretary of Veterans Af- Subcommittee on Indian and Alaska Native Affairs, fairs, and for other purposes; H.R. 3593, the ‘‘VA Con- hearing on H.R. 1600, the ‘‘Requirements, Expectations, struction Assistance Act of 2013’’; H.R. 4276, the ‘‘Vet- and Standard Procedures for Executive Consultation with erans Traumatic Brain Injury Care Improvement Act of Tribes (RESPECT) Act’’; and H.R. 4668, the ‘‘Point 2014’’; H.R. 4399, the ‘‘Comprehensive Department of Spencer Coast Guard and Public-Private Sector Infrastruc- Veterans Affairs Performance Management and Account- ture Development Facilitation and Land Conveyance ability Reform Act of 2014’’; H.R. 4862, the ‘‘Our Vets Act’’, 2 p.m., 1334 Longworth. Deserve Better Act’’; H.R. 4971, the ‘‘Ask Veterans Act’’; Committee on Oversight and Government Reform, Full Com- and H.R. 5094, to amend title 38, United States Code, mittee, hearing entitled ‘‘Obstructing Oversight: Con- to authorize the Secretary of Veterans Affairs to recoup cerns from Inspectors General’’, 9:30 a.m., 2154 Rayburn. certain bonuses or awards paid to employees of the De- Committee on Science, Space, and Technology, Subcommittee partment of Veterans Affairs, 9:30 a.m., 334 Cannon. on Space, hearing entitled ‘‘Exploring Our Solar System: Subcommittee on Oversight and Investigations, hearing The ASTEROIDS Act as a Key Step’’, 10 a.m., 2318 entitled ‘‘Metrics, Measurements and Mismanagement in Rayburn. the Board of Veterans’ Appeals’’, 1 p.m., 340 Cannon. Committee on Small Business, Full Committee, hearing Committee on Ways and Means, Subcommittee on Health, entitled ‘‘Small Business Administration: Management hearing on the status of Affordable Care Act implementa- and Outlook’’, 1 p.m., 2360 Rayburn. tion, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 10 10 a.m., Wednesday, September 10

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the motion to proceed to consideration of S.J. 3522—Employee Health Care Protection Act (Subject to Res. 19, Election Contributions and Expenditures, post- a Rule). cloture. At 2 p.m., Senate will vote on the motion to proceed to consideration of S.J. Res. 19. After 2 p.m., Senate should expect a vote on the Pay- check Fairness Act.

Extensions of Remarks, as inserted in this issue

HOUSE Enyart, William L., Ill., E1363 Nunes, Devin, Calif., E1371 Frelinghuysen, Rodney P., N.J., E1369 Peters, Gary C., Mich., E1363 Barr, Andy, Ky., E1363, E1365 Gerlach, Jim, Pa., E1368 Poe, Ted, Tex., E1359 Brady, Robert A., Pa., E1369 Graves, Sam, Mo., E1359, E1360 Polis, Jared, Colo., E1370 Bustos, Cheri, Ill., E1370 Grayson, Alan, Fla., E1373 Rice, Tom, S.C., E1363 Byrne, Bradley, Ala.,E1359 Guthrie, Brett, Ky., E1360 Carter, John R., Tex., E1366, E1369 Hastings, Alcee L., Fla., E1368 Richmond, Cedric L., La., E1371 Cicilline, David N., R.I., E1362 Huffman, Jared, Calif., E1359, E1360 Rogers, Harold, Ky., E1361 Coble, Howard, N.C., E1370 Kaptur, Marcy, Ohio, E1366 Rogers, Mike, Ala., E1363, E1364, E1365, E1366, E1368, Coffman, Mike, Colo., E1364 Keating, William R., Mass., E1361 E1370, E1370, E1371, E1372, E1374 Crowley, Joseph, N.Y., E1366 King, Steve, Iowa, E1374 Ryan, Tim, Ohio, E1361 Davis, Susan A., Calif., E1365 Lee, Barbara, Calif., E1371, E1372 Schakowsky, Janice D., Ill., E1365 Delaney, John K., Md., E1369 Long, Billy, Mo., E1371 Schiff, Adam B., Calif., E1360, E1361 Deutch, Theodore E., Fla., E1373 McNerney, Jerry, Calif., E1367 Serrano, Jose´ E., N.Y., E1373 Doggett, Lloyd, Tex., E1362 Matheson, Jim, Utah, E1372 Speier, Jackie, Calif.,E1372 Duckworth, Tammy, Ill., E1373 Messer, Luke, Ind., E1365 Wolf, Frank R., Va., E1367 Ellmers, Renee L., N.C., E1362 Nugent, Richard B., Fla., E1364

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